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E1. 08-07-23 MinutesCITY OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES August 7, 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. 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 Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present 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, Senior Planner P.J. Sorenson, Development Services Director Jarod Nygren, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sid Daoud: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Page 1 of 10 Kalispell City Council Minutes, August 7, 2023 Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Abbrovc Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion was approved unanimously on voice vote with Councilor Gabriel 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. 1. Council Minutes —July 10, and July 17, 2023 7- a 7 a 2. Accept Town Pump Charitable Foundation Grant for Kalispell Fire Department 4�- This item considers accepting a grant for electrical vehicle fire suppression tools. Motion and Vote to approve the consent agenda. Council Member - Sid Daoud: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Annrove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Kathy Folden, Public Comment Ms. Folden provided hand-outs for Council. She spoke first regarding several incidents that she reported to the police and thanked the police for their responses. She then spoke regarding a military presence that she thinks may be in the area and the technology that she believes hides them from the public. Ron Braley, Public Comment Mr. Braley, 163 West Swift Creek Way spoke regarding general development in Kalispell and how he feels impact fee reductions in 2019 spurred development and created too much development in Kalispell speaking as to why he feels that way. He asked that council increase impact fees and put in a moratorium on building. Page 2 of 10 Kalispell City Council Minutes, August 7, 2023 Troy Bunzay, Public Comment Mr. Bungay of 2128 Teal Drive spoke regarding a family within his neighborhood on the corner of Teal and Harlequin that he says are hoarders and they do not shovel in the winter, or water their lawn, and park broke down vehicles around the property. He spoke regarding a plan that the city has established with the homeowners in question and says some of the property has been cleaned up, but he does not feel enough has been done. He spoke further regarding the state of the property over time. He would like to know his rights as neighbors and would like to know the plan moving forward. He would like the city to do something further about the situation. Public comment received to Mayor and Council via email to publi ccomment(2kali spell. com can be seen at hiips://time.ci.kalispell.mt.us/WebLink/Browse. aspx?id=128274&dbid=0&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. H. 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 publi ccommentkkali spell. com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Resolution 6143 - Pioneer Estates Preliminary Plat � a This resolution considers major subdivision approval for a 22-lot residential subdivision on 6.39 acres on the south side of Two Mile Drive, west of Greenbriar, and to the east of the Highway 93 Bypass. Senior Planner P.J. Sorenson provided the staff report. Councilor Dahlman began questions for staff. Councilor Hunter asked questions of staff. Councilor Fisher asked questions of staff. Mayor Johnson asked questions of staff. Public Comment Mayor Johnson opened public comment. Eric Mulcahy, Public Comment Mr. Mulcahy with Sands Surveying spoke on behalf of the applicant saying they are fine with all the conditions and are in compliance with the zoning designation for the property. He then answered questions asked by Council related to the driveways for the two homes on the property and to questions regarding right-of-way. Seeing no further public comment, Mayor Johnson closed public comment. 00-41 -52 Page 3 of 10 Kalispell City Council Minutes, August 7, 2023 Motion to approve Resolution 6143, a resolution conditionally approving the preliminary plat for Pioneer Estates, described as Tract 3 of Certificate of Survey Number 22255 in the northeast quarter of the southwest quarter of Section 12, Township 28 North, Ranste 22 West, P.M.M., City of Kalispell, Flathead County, Montana. Council Member — Chad Graham: Motion Council Member — Sid Daoud: 2nd Councilor Daoud provided discussion on the motion. Councilor Graham brovided discussion on the motion. Councilor Fisher provided discussion on the motion. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Abbrove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 2. Casa Mexico Parking Lot Conditional Use Permit 2 a This item considers a permit for the construction of a 78-space parking lot at 1741 Airport Road primarily fronting 18th Street East. Senior Planner P.J. Sorenson provided the staff report. Councilor Dahlman asked questions of staff. Councilor Hunter asked questions of staff. Councilor Daoud asked questions of staff. Councilor Fisher asked auestions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 11 • •. Motion to approve a request from Casa Mexico Holdings, LLC, for Conditional Use Permit KCU-23-03, a conditional use permit to allow a parking lot in the Runway Protected Zone of the city airport within the B-2 Zoning District, subiect to 11 conditions of approval, Page 4 of 10 Kalispell City Council Minutes, August 7, 2023 located at 1741 Airport Road and which can be described as Tract 1 of Certificate of Survey No. 20875, located in the southwest quarter of the southwest quarter of Section 17, Township 28 North, Ranee 21 West, P.M.M., Flathead County, Montana. Council Member — Sid Daoud: Motion Council Member — Sam Nunnallv: 2" d Councilor Hunter provided discussion on the motion. Councilor Daoud provided discussion on the motion. Councilor Fisher provided discussion on the motion. Councilor Graham brovided discussion on the motion. Councilor Nunnally provided discussion on the motion. Councilor Hunter provided discussion on the motion. Mayor Johnson provided discussion on the motion. Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: ADDrove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Carlson, Nunnally, Graham, Fisher, Daoud, Dahlman and Mayor Johnson in favor and Councilor Hunter opposed and Councilor Gabriel absent. 3. Kalispell North Town Center Phase 4 Final Plat and Subdivision Improvement Agreement This item considers a final plat and agreement for 11.73 acres with 10 commercial lots, a common area, and a city street located east of Highway 93 N, south/east of Cascade Loop, west of Jefferson Boulevard and north of Lincoln Street. Senior Planner P.J. Sorenson provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:10:16 Page 5 of 10 Kalispell City Council Minutes, August 7, 2023 Motion and Vote to approve the final plat for Kalispell North Town Center Phase 4, as well as the subdivision improvement agreement. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Abbrove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 4. Resolution 6144 — Water Utility Rate and Schedule Amendments This resolution considers adjusting water rates and related schedules and regulations. 01:11:09 City Manager Doug Russell began the presentation providing the history on this item and background as to why this adjustment is necessary. Public Works Director Susie Turner continued the staff report. Councilor Daoud asked questions of staff. Councilor Dahlman asked questions of staff and then provided discussion. Councilor Carlson asked auestions of staff. Councilor Hunter asked questions of staff. 01:28:09 Councilor Daoud provided discussion as it relates to his previous experience on the Impact Fee Committee. Councilor Fisher brovided discussion. Councilor Dahlman asked questions of staff. Councilor Daoud asked questions of staff. Public Comment Mayor Johnson opened public comment. 01:32:14 Dale Haarr, Public Comment Page 6 of 10 Kalispell City Council Minutes, August 7, 2023 Mr. Haarr of 80 Buffalo Hill Drive spoke regarding his time on the City Council in the 1990's. He spoke in opposition to the rate adjustment saying many people cannot afford the increase and said the city should not fix the infrastructure if the cost for repairs has increased or come up with a different manner to pay for repairs and infrastructure. He spoke further regarding his views. Public comment received via email to publiccomment(c�kalispell.com on this topic can be viewed at: hiips:Htime.ci.kalispell.mt.us/WebLink/Browse. aspx?id=161022&dbid=0&repo=Kalispell . Seeing no further comment, Mayor Johnson closed public comment. 01:41:29 Motion to approve Resolution 6144, a resolution to adopt certain amendments to the city of Kalispell water utility regulations and to adopt increases in the fees, schedules, rates, and charges imposed on the customers of the city of Kalispell water utility and declaring an effective date. Council Member — Chad Graham: Motion Council Member — Sandv Carlson: 2" d Councilor Graham provided discussion on the motion. Councilor Fisher provided discussion on the motion. Councilor Hunter provided discussion on the motion. 01 -49-52 Councilor Hunter made a motion to postpone the vote on the water rate increase to later in the meeting until after we have voted to return the water impact fees to the level prior to 2020. Mayor Johnson called for a point of order as impact fee rate changes would require proper public noticing and a public hearing. Councilor Hunter provided further discussion on impact fees. Councilor Dahlman provided discussion on impact fees. Councilor Hunter provided further discussion on impact fees. 01:54:51 Public Works Director Susie Turner provided the process that the city would be required to take to consider impact fee adjustments. 01:55:01 Councilor Hunter provided further discussion on impact fee adjustments. Councilor Graham provided discussion on impact fees. Councilor Hunter provided further discussion on impact fees. Councilor Dahlman provided discussion on the motion. Page 7 of 10 Kalispell City Council Minutes, August 7, 2023 Mayor Johnson provided discussion on the motion. An audio issue with the recording caused some audio to be lost. Vote on the motion to approve Resolution 6144. Council Chair - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Annrove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 5. Appointment to the Business Improvement District Board This item considers appointing George Giavasis to this board. Mayor Johnson appointed George Giavasis to the Business Improvement District Board. 02:09:30 Motion and Vote to approve the Mayoral appointment of George Giavasis to the Business Improvement District Board. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Abbrove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. 6. Appointment to the Tourism Business Improvement District Board 0 a This item considers appointing Steve Blazer to this board. Mayor Johnson appointed Steve Blazer to the Tourism Business Improvement District Board. 02:10:03 Motion and Vote to approve the Mayoral appointment of Steve Blazer to the Tourism Business Improvement District Board. Page 8 of 10 Kalispell City Council Minutes, August 7, 2023 Council Member - Sid Daoud: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. An audio issue with the recording caused some audio to be lost. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report. • The CPSM Fire Report has been delayed so that will be reviewed at the August 28 work session. • A sub agreement on a loan program with the Flathead Economic Development Authority (FCEDA), and a banner policy are scheduled for the next work session. • Budget — the value of the mill increased significantly which will mean the mill will decrease significantly. Consideration of budget approval is scheduled for the August 21, 2023 meeting. • Work Session August, 28th the Fire EMS report is scheduled. • Senate Bill 382 — The city is pursuing grants to aid in the development of the required plan as well as related public outreach efforts. 02:11:34 Councilor Hunter spoke regarding federal grants in housing and urban development. 02:12:15 Mayor Johnson asked questions related to the Teal Drive neighborhood and the related public comment received. An audio issue with the recording caused some audio to be lost. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:12 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 Page 9 of 10 Kalispell City Council Minutes, August 7, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — August 14, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — August 21, 2023, at 7:00 p.m. — Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480/Meeting-Videos. Page 10 of 10