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E1. 06-05-23 Council MinutesCITY OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES June 5, 2 02 3, 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. Please see the bottom of the agenda to learn how to watch the meeting live or later. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Absent Council Member - Jessica Dahlman: Present Council Member - Rvan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Public Works Director Susie Turner, and Interim Police Chief Ryan Bartholomew. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as published. Council Member - Sam Nunnally: 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 Page 1 of 11 Kalispell City Council Minutes, June 5, 2023 Council Member - Sid Daoud: Absent Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Daoud absent. 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 — May 15, 2023 V� a 2. Award Bid for Grandview Drive Lift Station and Four Mile Drive Force Main L� a This item considers awarding the Schedule 1 and Additive Alternate 1 for the Grandview Drive Lift Station and Four Mile Drive Force Main to Western Municipal Construction in the amount of $3,874,000 and the Schedule 2 award to LHC, Inc in the amount of $1,593,220.39. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as published. Council Chair - Chad Graham: 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: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Daoud absent. F. COMMITTEE REPORTS Flathead Ci . -County Health Department Budget Presentation Public Health Officer Jennifer Rankosky presented a report referring to the attached document. Da Councilor Hunter asked questions related to a mental health grant received and then follow up questions about future grant funds that may be available. Page 2 of 11 Kalispell City Council Minutes, June 5, 2023 Health Officer Rankoksy answered questions about mental health grants and usage and then spoke regarding the co -responder program. Councilor Hunter continued questions about the co -responder program related to demand. 2. Kalispell Business Improvement District (BID) Budget Presentation R a Gabe Mariman with the Business Improvement District Board spoke regarding the proposed budget and the items they are continuing this year and those that are expanding. Mayor Johnson asked questions related to items that were cut from the budget. He then spoke regarding the footprint of the district. 00:10:49 Pam Carbonari, Coordinator of the Kalispell Downtown Association continued the presentation. Mayor Johnson thanked the board members and partners for all their work. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publiccomment(c�r�,kalispell. com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Immanuel Lutheran Communities - Northridge Conditional Use Permit This item considers a conditional use permit for a day care center at Northridge Community Church at 323 Northridge Drive. Senior Planner P.J. Sorensen presented the staff report. 00:21:24 Councilor Graham asked questions related to condition 7 — sidewalk. Staff responded to questions. 00:24:10 Councilor Hunter continued questions related to sidewalks. 00:28:12 Councilor Dahlman continued questions about the condition for the possibility of a future traffic impact study. 00:29:22 Councilor Nunnally asked questions related to bus traffic. 00:30:04 Councilor Carlson asked about the age of proposed daycare participants and parking. Page 3 of 11 Kalispell City Council Minutes, June 5, 2023 Public Comment Mayor Johnson opened public comment. 00:30:39 Shane Jackola, Public Comment Mr. Jackola with Jackola Engineering and Architecture spoke regarding the reasoning behind their request for removal of the sidewalk condition. 00:32:22 Martin Flores, Public Comment Mr. Flores of 148 Parkridge Drive mentioned that the video on the zoom broadcast is not working, and the audio has not been working consistently. He then spoke in opposition to this project citing increased traffic concerns and speaking about current traffic patterns. He asked that if the project is approved, the condition for sidewalks is not removed. Public comment received to Mayor and Council via email to publ i ccomment(? kal i spell. com can be seen at hiips://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id= l28274&dbid=O&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. 00:35:03 Motion to approve conditional use permit KCU-23-02, a conditional use permit to allow a day care center for up to 100 children, subiect to nine conditions of approval within the R-3 Zoning District, located at 323 Northridte Drive and which can be described as Lot 2 of Block 12 of Northridge Heisthts Section 4, exceptinst therefrom Parcel A, Amended Subdivision Plat of Lot 6A of the Amended Subdivision Plat of Lots 5 and 6, Block 12, Northridge Heights Section 5 and Lot 2, Block 12, Northridge Heights Section 4, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Council Member — Chad Graham: Motion Council Member — Jed Fisher: 2nd 00:36:07 Councilor Hunter provided discussion in support of the motion. 00:37:36 Councilor Graham provided discussion in support of the motion. 00:39:29 Councilor Dahlman provided discussion in support of the motion. 00:39:39 Councilor Gabriel provided discussion in support of the motion. 00:41:00 Mayor Johnson provided discussion in support of the motion. 00:43:45 Vote on the motion. Council Member - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Page 4 of 11 Kalispell City Council Minutes, June 5, 2023 Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 2. Mountain Villas Annexation and Zoning This item considers annexation and initial zoning of RA-1 (Residential Apartment) for property located at 249 Reserve Place. a. Resolution 6134 — Annexation b. Ordinance 1908 — First Reading — Zoning Senior Planner P.J. Sorensen presented the staff report. 00:48:57 Councilor Hunter began questions for staff asking about zoning. 00:49:40 Councilor Graham continued questions about ownership of adjacent parks. 00:52:38 Mayor Johnson asked about road ownership. 00:53:13 Councilor Nunnally asked about noticing practices. 00:53:51 Public Comment Mayor Johnson opened public comment. 00:54:01 Ken Halverson, Public Comment Mr. Halverson on Garden Drive, President of the Royal Reserve Condominiums which parallels the proposed annexation voiced concern that Garden Drive could be extended. 00:55:59 Luann Metcalf. Public Comment Ms. Metcalf of 165 Trailridge Road spoke in favor of the annexation but voiced concern about density being developed in the northern parcel speaking in opposition of the current zoning request. She spoke further about road maintenance issues and concerns. 00:58:51 ScottHazelton, Public Comment Mr. Hazelton, with Hyalite Engineers thanked staff for their work on this item. He then explained why they felt the proposed zoning is appropriate. He explained that they do not have plans at this time for future development with the annexation needed to tie into city services. He explained there is no access to the north and any future development would have to be through Reserve to the south. 01:00:20 Rick Flink, Public Comment Mr. Flink of 234 Arbor Drive West and President of Country Estates spoke regarding any major road overlays being the responsibility of the homeowner's association. He spoke regarding concerns that permission for access off Highway 93 would be unlikely, thus raising concerns that Garden Drive would be extended. He proposed that the city annex to the west edge of Garden Drive so the association would not have responsibility for the road. Page 5 of 11 Kalispell City Council Minutes, June 5, 2023 01:04:36 Alan Stanfield, Public Comment Mr. Stanfield of 196 Arbour Drive spoke to the concerns for affordable housing in the community and then to the positive interactions within the neighborhood. He spoke in opposition to the proposed zoning saying he feels it would negatively impact the neighborhood. 01:07:06 Alan Chrisman, Public Comment Mr. Chrisman of 193 Arbour Drive East spoke to the written comments he has submitted saying he supports the annexation but objects to the proposed zoning explaining why he feels that way. 01:10:05 Lynn St. Pierre, Public Comment Mr. St. Pierre, President of Country View Homeowners Association spoke with concerns that egress or ingress could happen on Stillwater Loop and concerns that additional public would access the parks that they maintain. 01:12:47 Rudy Koestner, Public Comment Mr. Koestner of 134 Garden Drive spoke to concerns about the possibility of traffic increases to Stillwater Loop or to Garden Drive. 01:15:12 Kaleb Erb, Public Comment Mr. Erb of 176 Arbour Drive East asked whether the Montana Department of Transportation has said an access off Highway 93 is available. He is concerned that Garden Drive would become an access. 01:16:22 Tom Barbouletos Public Comment Mr. Barbouletos of 189 Arbour Drive spoke regarding concerns for views. He then talked about road responsibility differences within the subdivision. He then spoke in opposition to the proposed zoning. 01:19:18 JD Metcalf. Public Comment Mr. Metcalf of 165 Trailridge Road asked a zoning question. 01:20:10 Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publ i ccomment(2kal i spell. com can be seen at hiips://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. 01:20:29 Motion to approve Resolution 6134, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Assessors Tract 1HC in the east half of the southeast quarter of section 25, township 29 north, ranee 22 west, Flathead County, Montana and as more particularly described on exhibit "A", to be known as Mountain Villa Addition No. 465, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2"d Page 6 of 11 Kalispell City Council Minutes, June 5, 2023 01:21:20 Councilor Graham provided discussion on the motion related to public comment received and asked questions of staff related to concerns raised in public comment. 01:25:30 Councilor Hunter provided discussion in favor of the motion. 01:26:08 Mayor Johnson provided discussion related to concerns that were raised in public comment and asked staff for clarification on prescriptive easements and spoke in favor of the motion. 01:28:45 Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 01:29:12 Motion to approve the first reading of Ordinance 1908, an ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning Ordinance 1677, by zoning certain real property, more particularly described as Assessors Tract 1HC in the east half of the southeast quarter of section 25, township 29 north, range 22 west, Flathead County, Montana (previously zoned County RA-1 and County R-2) to city RA-1 (residential apartment), in accordance with the kalispell growth policy plan — it 2035, and to provide an effective date. Council Member — Ryan Hunter: Motion Council Member — Chad Graham: 2nd 01:30:12 Councilor Graham provided discussion on the motion related to zoning differences between the County and the City and spoke in favor of the motion. 01:31:44 Councilor Hunter provided discussion in favor of the motion. 01:33:43 Mayor Johnson asked questions about city standards related to apartments and the process if the site were to be developed. 01:37:05 Councilor Graham asked questions related to splitting zoning. 01:38:15 Councilor Fisher asked about open space park dedication requirements. Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Chad Graham: 2nd Page 7 of 11 Kalispell City Council Minutes, June 5, 2023 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 3. Silverbrook Estates, Phase 3 Final Plat and Subdivision Improvement Agreement This item considers final plat and subdivision improvement agreement approval for Phase 3 of Silverbrook Estates, containing 10 single family lots and two commercial lots on 22.12 acres. Senior Planner P.J. Sorensen presented the staff report. 01:42:30 Mayor Johnson asked about the application of recent state legislation. 01:43:16 Councilor Gabriel asked about further phases. 01:43:43 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. .. . Motion and Vote to approve the final plat and subdivision improvement agreement for Silverbrook Estates, Phase 3. Council Member - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 4. Emergency Ordinance 1909 — Temporary Water Conservation Restrictions This ordinance considers the establishment of temporary water conservation restrictions to be implemented for various water supply and demand stages. City Manager Doug Russell began the presentation and spoke to previous conversations that have happened related to this item. Page 8 of 11 Kalispell City Council Minutes, June 5, 2023 01:46:17 Public Works Director Susie Turner continued the presentation. 01:50:06 Councilor Fisher asked how messaging would be handled if restrictions do need to be implemented in the future and then provided discussion in favor of the ordinance. 01:51:36 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:51:45 Motion to approve Ordinance 1909, an emergency ordinance authorizing the City of Kalispell to establish temporary water conservation restrictions and establishing an immediate effective date. Council Member — Sandy Carlson: Motion Council Member — Kari Gabriel: 2nd 01:52:12 Councilor Graham provided discussion in favor of the motion. 01:53:27 Councilor Nunnally provided discussion on the motion. 01:54:08 Vote on the motion. Council Member - Sandv Carlson: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 5. Resolution 6135 — Intent to Hold Primary and General Municipal Elections This resolution considers calling for a primary election (if needed) to be held on September 12, 2023, and calling for a general election for November 7, 2023, for the open Kalispell City Council and Kalispell Municipal Court Judge positions. City Manager Doug Russell began the presentation. 01:56:09 Councilor Dahlman asked a question about mail ballots. 01:56:50 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:57:03 Motion and Vote to approve Resolution 6135, a resolution calling for a primary election to be held on September 12, 2023 and calling for a general election to be held on November 7, Page 9 of 11 Kalispell City Council Minutes, June 5, 2023 2023 for the open Kalispell City Council positions in Ward 1, Ward 2, Ward 3 and Ward 4, and the open Municipal Judge position. Council Member - Chad Graham: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell reported the following_: • The next work session will include a visit from the Montana Department of Transportation to go over their plans and upcoming projects, as well as a second discussion item related to water rates and debt coverage for water related capital improvement projects. • Questions and concerns have been raised about the Depot Park building occupied by the Chamber of Commerce and security concerns they have raised about the surrounding area. The Chamber of Commerce has indicated they may be vacating the building, and if they do, the city would like to look at the feasibility of using the building to relocate City Law Enforcement. He then spoke regarding environmental ideas to address some of the security concerns in that area of town. 02:02:35 Councilor Dahlman asked questions related to the possibility of looking into locating law enforcement in the Depot Building. 02:02:38 Manager Russell spoke to what would need to be considered and evaluated regarding feasibility. 02:03:36 Councilor Hunter spoke in opposition to the approaches brought forward related to security in the Depot Park area and would rather look at other avenues to handle space needs. 02:07:04 Councilor Fisher mentioned that the library system is under County jurisdiction and is not within the purview of the city. He said he would be interested in looking at the feasibility of law enforcement at the location. 02:08:01 Manager Russell spoke to the discussion points related to city response to security and safety issues. 02:09:54 Councilor Fisher asked about a public comment received claiming lack of enforcement. Page 10 of 11 Kalispell City Council Minutes, June 5, 2023 02:10:03 Manager Russell spoke to the ways we can and cannot address concerns and to the challenges other municipalities are facing. 02:11:46 Mayor Johnson said he is looking forward to the study on staffing of law enforcement and conversations of the feasibility of use of the Depot Building if the Chamber does provide notice of vacating. He also spoke in opposition to the recent reports of individuals harassing unhoused people. He spoke further about the frustrations related to the lack of mental health services. Mayor Johnson spoke to the importance of all of the communities within the area working towards solutions related to growth. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:20 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — June 12, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — June 19, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480/Meeting-Videos. Page 11 of 11