01-03-23 City Council Meeting MinutesCITY OF
KALISPELL
CITY COUNCIL MEETING MINUTES
TUESDAY, January 3, 2023, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
The public was able to participate in person in the council chambers or via videoconferencing.
Video of this meeting with time stamped minutes can be found at:
https://www.kalispell.cont/480/Meeting-Videos.
A. CALL TO ORDER
Mayor Johnson called the meeting to order at 7 p.m.
B. ROLL CALL
Mayor - Mark Johnson: Present
Council Member - Kari Gabriel: Present via video conference
Council Member - Sandy Carlson: Present
Council Member - Sam Nunnallv: Present
Council Chair - Chad Graham: Present
Council Member - Jed Fisher: Present
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Ryan Hunter: Present
Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk
Aimee Brunckhorst, Senior Planner P.J. Sorensen, and Police Chief Doug Overman.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion and Vote to approve the agenda as submitted.
Council Member - Sam Nunnallv: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Cowicil Member - Sandti, Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
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Kalispell City Council Minutes, January 3, 2023
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
E. CONSENT AGENDA
All items listed on the consent agenda will be accepted by one motion. If a council member
desires to discuss an item separately, the item can be removed from the consent agenda by
motion.
Council Minutes — December 19, 2022 ® a
2. Award Bid for a new Ambulance ® a
This item considers awarding a bid to Sawtooth Emergency Vehicles/Balcer
Ambulance Sales in the amount of $243,930 for a Ford F-450 ambulance.
00:03:27 Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Motion and Vote to approve the agenda as submitted.
Council Member - Sam Nunnallv: Motion
Council Chair - Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
F. COMMITTEE REPORTS - None
G. PUBLIC HEARING — Creation of a C-PACE District Program 9; C-D
Council will accept comments regarding the creation of a Commercial Property Assessed
Capital Enhancement Act of Montana District within the City of Kalispell.
Mayor Johnson opened the public hearing and called for public comment.
00:04:22 Dr. Maria Todisco, Public Comment
Dr. Todisco of 110 Cedar Commons Lane, #210 asked why the County Commission rejected the
C-PACE program. She then asked questions regarding the program as it relates to replacing
energy efficient lighting saying adding additional lighting infrastructure is not in alignment with
the energy efficient agenda. She then asked about locations of third -party lenders.
00:06:18 Adam Gill, Public Comment
Mr. Gill from the C-PACE program offered to answer any questions and thanked the Council for
their consideration of this item.
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Kalispell City Council Minutes, January 3, 2023
Written public comment on this item can be found at:
https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=158697&dbid=0&repo=Kalispell.
Seeing no further public comment, Mayor Johnson closed public comment.
H. PUBLIC COMMENT
Mayor Johnson opened general public comment. Seeing none, he closed public comment.
Public comment received via email to the Mayor and Council at publiccomment@kalispell.com,
on this item can be found at:
https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id= I 28274&dbid=O&repo=Kalispell
I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION
Persons wishing to address the council on individual agenda items are asked to provide
public comment via email to publiccommentakalispell. com or during the meeting verbally
in council chambers or via the online meeting. Please provide your name and address for
the record.
1. Brownstone Proiect Conditional Use Permit ® a
This item considers an application from Mark Gillette for a conditional use permit
at 428 First Avenue West for a multi -family residential development as part of a
mixed -use property.
Senior Planner P.J. Sorensen presented the staff report on this item
Public Comment
Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment.
07:09:54 PM (00:12:03)
Motion to approve a request from Mark Gillette, for Conditional Use Permit KCU-22-03,
to allow four multi -family residential units subiect to 11 conditions of approval within the
B-4 Zoning District, located at 428 First Avenue West and which can be described as Lots 7
and 8 of Block 74 of the Kalispell Original Township as shown on the map or plat thereof
on file and of record in the office of the Clerk and Recorder, Flathead Countv. Montana.
Discussion on the motion.
Vote on the motion.
Council Member - Sam Nunnallv: Motion
Council Member - Ryan Hunter: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: ApproN e
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
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Kalispell City Council Minutes, January 3, 2023
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
2. Absolute Ministries Pro'ect Conditional Use Permit E a
This item considers an application from Aaron McPherson of Absolute Ministries
for a conditional use permit at 730 First Avenue West for a group home for up to
eight individuals.
Senior Planner P.J. Sorensen presented the staff report on this item.
07:15:34 PM (00:17:44) Councilor Hunter began questions for staff asking about concerns he
heard in public comment related to the possibility of excess trash. He then asked about the
reasoning why a state license is not involved and asked questions about transitional housing. He
then clarified federal law as it relates to this request.
07:19:24 PM (00:21:34) City Attorney Johnna Preble spoke regarding the Federal Fair Housing
Act.
Public Comment
Mayor Johnson opened public comment.
07:20:05 PM (00:22:15) Al Wilson. Public Comment
Mr. Wilson spoke in opposition to Absolute Ministries saying they are misrepresenting
themselves and saying he does not feel the type of treatment involved is successful.
Jeff Hawkins, Public Comment
Mr. Hawkins of 1329 Creekside Court spoke in support of this application saying the success
rate for this type of treatment is good and spoke to his volunteer experiences at the Warming
Center and the involvement he will have in helping with supervision in the transitional home.
00:27:05 Aaron McPherson, Public Comment
Mr. McPherson of 220 Peregrine Lane in Whitefish, spoke as the applicant explaining what they
are offering through Absolute Ministries and the successes they have already seen within their
program.
00:30:26 Jim Driscoll, Public Comment
Mr. Driscoll, Co-founder and CEO of Recovery Centers in Montana, a residential, substance
abuse facility in Columbia Falls and Hungry Horse spoke regarding the good relationships they
have with neighbors at the recovery homes they have. He spoke to the benefits of a sober living
environment for individuals after treatment. He spoke regarding the positive effects that
Absolute Ministries has already seen and the success they have had.
Please see the packet materials for written public comments received on this item and online at:
https://time.ci.kalispet1.mt.us/WebLink/Browse.aspx?id= 158697&dbid=0&repo=Kalispell.
Seeing no further public comment, Mayor Johnson closed public comment.
07:31:36 PM 00:33:46
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Motion to approve a request from Aaron McPherson with Absolute Ministries, for
Conditional Use Permit KCU-22-04, a conditional use permit to allow a group home for up
to eight individuals, subject to three conditions of approval within the RA-1 Zoning
District, located at 730 First Avenue West and which can be described as Lots 8 and 9 of
Block 107 of the Kalispell Original Township as shown on the map or plat thereof on file
and of record in the office of the Clerk and Recorder, Flathead County, Montana,
excepting therefrom the southerly five (5) feet of Lot 9 when measured parallel with the
south boundary thereof.
Council Member — Chad Graham: Motion
Council Member — Sandy Carlson: 2nd
00:35:02 Councilor Graham provided discussion on the motion speaking to the discussion that
occurred at the Planning Board. He then spoke in support of the motion.
00:38:42 Councilor Hunter provided discussion in support of the motion.
00:40:07 Councilor Gabriel provided discussion in support of the motion.
07:39:42 PM (00:41:52Mayor Johnson provided discussion in support of the motion.
Vote on the motion.
Council Chair - Chad Graham: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council !Member - Sandy Carlson: Approve
Council Member - Sam Nunnall : Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
3. Ordinance 1898 — First Reading - Westside Neighborhood Parking Management
Zone Amendment ® a
This ordinance considers a petition to expand the Westside Neighborhood Parking
Management Zone to include 5`h Street West between 5`h Avenue West and 6th
Avenue West.
Senior Planner P.J. Sorensen presented the staff report on this item.
07:47:32 PM (00:49:42) Councilor Hunter began questions for staff asking about residential
permits and the cost of paid permits.
Public Comment
Mayor Johnson opened public comment.
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00:51:46 Jeanie Lohoff; Public Comment
Ms. Lohoff spoke as a resident of the block in question thanking the Council for the process of
being added to the district. She then spoke as a retired teacher explaining how the students are
behaving when they park on the block, explaining why she feels students are parking on the
streets around the school instead of in the available parking lots at the school and further
provided her views in support of the ordinance.
Public comment received in writing can be found at:
https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=l 58697&dbid=O&repo=Kalisyell.
Seeing no further public comment, he closed public comment.
00:56:49
Motion and Vote to approve the first reading of Ordinance 1898, an ordinance amending
ordinances 1759 and 1817 to include 5th Street West between 51h Avenue West and 6th
Avenue West within the Westside Parking Management Zone, declaring an effective date
and authorizing the City Attorney to codify the same.
Council Chair - Chad Graham: Motion
Council Member - Sam Nunnallv: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher. Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
4. Resolution 6115 — Preliminary Plat Extension— Stillwater Bend Phase 1 ® a
This resolution considers a requested two-year extension by Spartan Holdings to
the Preliminary Plat of Stillwater Bend Phase 1 on the west side of Highway 93
North between Rose Crossing and Lincoln Street.
Senior Planner P.J. Sorensen presented the staff report on this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
07:57:31 PM (00:59:41)
Motion to approve Resolution 6115, a resolution approving a two-year extension on the
Preliminary plat of Stillwater Bend Phase 1 Subdivision.
01:00:02 Councilor Hunter provided discussion on the motion citing his vote and arguments in
opposition to the original preliminary plat of the subdivision and his reasoning for his current
opposition.
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Vote on the motion.
Council Member - Sandy Carlson: Motion
Council Member - Sam Nunnallv: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Rvan Hunter: Disapprove
The motion passed on roll call vote with Councilor Nunnally, Carlson, Gabriel, Graham,
Fisher and Mayor Johnson in favor, and Councilor Hunter opposed.
5. Award Engineer for Golf Course Bridge Repair Project ®a
Staff is recommending MMI, Inc be awarded the Golf Course Bridge Repair Project
and that the City enter into an agreement with the Kalispell Golf Association
identifying their responsibility for the matching requirements for the project.
City Manager Russell presented the staff report on this item.
01:05:24
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
08:03:20 PM (01:05:30)
Motion to approve the staff recommending MMI, Inc., be awarded the project based on
their qualifications and that the city enter into an agreement with the Kalispell Golf
Association identifying their responsibility for the matching requirements for the project.
Council Member - Sandy Carlson: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member - Jed Fisher: Approve
Council Member - Sid Daoud: Absent
Council Member - Jessica Dahlman: Absent
Council Member - Rvan Hunter: Approve
The motion passed unanimously on roll call vote.
J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
• Discussion on the Bicycle and Pedestrian Chapter of the Transportation Plan is scheduled
for the January 9, 2023, Council work session.
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• Discussion on the pre-treatment regulations is tentatively scheduled for the 2"d work
session of the month.
• The next regular meeting will occur on Tuesday January 17, due to the Martin Luther
King Jr. holiday when city offices will be closed on January 16.
• Training for our city board volunteers has been set up for March and will be similar to the
training offered last year through the Montana State University Local Government
Center.
• Due to the resignation of our new Municipal Court Judge, the Sub -Committee for that
position will need to meet again to discuss how to proceed for a replacement.
• The Montana League of Cities and Towns has sent out a request asking if the city would
like to participate in a lobbying and public relations effort related to the preemption of
local authority within the State Legislation. The cost in participation would be about
$5,000. Staff would recommend entering into that agreement.
01:10:20 Councilor Graham spoke regarding a session he attended at the National League of
Cities and Towns regarding the preemption of local authority. He would support entering into an
agreement with the League of Cities.
08:08:50 PM (01:11:00) Councilor Hunter asked questions about past practices.
City Manager Russell spoke to the questions raised.
01:12:17 Councilor Hunter asked about further lobbying details.
Council voiced their agreement for supporting the Montana League of Cities and Towns efforts.
01:13:29 Councilor Hunter spoke to hearing that hospital beds have been full or nearly full
recently due to COVID, Flu, and RSV. He would request a committee report from the City -
County Health Officer.
01:14:40 Mayor Mark Johnson spoke to his frustration with the Montana State Legislature and
the proposed bills that are attacking local control.
K. ADJOURNMENT
Mayor Johnson adjourned the meeting at 8:20 p.m.
Ai e Brunckhorst, CMC
City Clerk
0o�DRAT�c: Minutes approved on January 17, 2023
• 00'P
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UPCOMING SCHEDULE / FOR YOUR INFORMATION
City Offices Closed — January 2, 2023 — New Year's Holiday
Next Work Session — January 9, 2023, at 7:00 p.m. — Council Chambers
City Offices Closed — January 16, 2023 — Martin Luther King Jr Day
Next Regular Meeting — TUESDAY, January 17, 2023, at 7:00 p.m. — Council Chambers
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