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E1. 12-04-23 Council MinutesCITY OF KALISPELL DRAFT CITY COUNCIL MEETING MINUTES December 4, 2023, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. A. CALL TO ORDER Council President Chad Graham called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Absent 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: Present Council Member - Jessica Dahlman: Present Council Member - Ryan Hunter: Present City 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, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sam Nunnally: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve 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 Page 1 of 10 Kalispell City Council Minutes, December 4, 2023 Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Mayor Johnson 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 — November 20, 2023 � a 2. Confirmation of Officer Michael Frame � a Motion and Vote to approve the consent agenda as submitted. Council Member - Rvan Hunter: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent 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: Annrove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Mayor Johnson absent. 07:01:33 PM (00:03:24) Council President Graham invited Police Chief Jordan Venezio to speak regarding the confirmation of Officer Michael Frame as he has completed his one-year probationary period. Police Chief Venezio introduced Officer Frame providing background about him and explaining that Officer Frame has become a great asset to their team. 07:03:07 PM (00:04:58) Council President Chad Graham pinned on the new badge for Officer Frame. Officer Michael Frame said a few words about his confirmation and thanked his family and his work family. F. COMMITTEE REPORTS - None. G. PUBLIC COMMENT Council President Chad Graham opened general public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publiccommentkkalispell.com can be seen at hM2s://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. Page 2 of 10 Kalispell City Council Minutes, December 4, 2023 H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Dusty Acres Annexation and Zoning_0 a This item considers annexation and initial zoning of R-4 (Residential) for 51.8 acres on the west and east sides of Highway 93 North and to the south of Hagerman Lane. a. Resolution 6174 — Annexation b. Ordinance 1916 — First Reading — Zoning Senior Planner P.J. Sorensen provided the staff presentation. 07:10:15 PM (00:12:06) Council President Chad Graham opened public comment, seeing none, he closed public comment. 00:12:28 Motion and Vote to approve Resolution 6174, a resolution to provide for the alteration of the boundaries of the city of Kalispell by including therein as an annexation certain real property generally described as being located on the west side of Highwav 93 North to the south of Hagerman Lane and adiacent to the city limits on the south and west sides of the property, including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane and also including property on the east side of Highway 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highwav 93 North, and as further described on exhibit "A", to be known as Dusty Acres Addition no. 468, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member - Kari Gabriel: Motion Council Member - Sam Nunnall.. Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve 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: Approve The motion passed unanimously on roll call vote with Mayor Johnson absent. 00:14:11 Motion to approve the first reading of Ordinance 1916, 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 being located on the west side of Highway 93 North to the south of Hagerman Lane and adjacent to the city limits on the south and west sides of the property, including, but not limited to, property addressed as 170, 180, 190, and 200 Hagerman Lane and also including property on the east side of Highwav 93 North generally between Hagerman Lane to approximately 200 feet north of Ponderosa Lane, including, but not limited to, property addressed as 3327 Highwav 93 North, and as further described on exhibit "A" (previously zoned county SAG-10 (suburban agricultural), B-2/HO (general business/highwav overlay), and B-3/HO (community business/highwav overlay)) to Page 3 of 10 Kalispell City Council Minutes, December 4, 2023 city R-4 (residential), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. 00:15:47 Councilor Hunter provided discussion on the motion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve 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 Mayor Johnson absent. 2. Stillwater Bend Phase 2 Planned Unit Develobment and Preliminary Plat � a This item considers approval of a PUD overlay and plat on 30.5 acres located at the western terminus of Rose Crossing to the west of Highway 93 North. a. Ordinance 1917 - First Reading — PUD b. Resolution 6175 - Preliminary Plat Senior Planner P.J. Sorensen provided the staff presentation. 00:28:49 Councilor Dahlman began questions related to timing. 00:29:26 Councilor Hunter asked questions about future development. 00:30:22 Councilor Nunnally asked further questions about future development. 00:31:54 Councilor Dahlman continued questions about future development. 00:35:23 Council President Chad Graham opened public comment. 00:35:29 Will McDonald, Public Comment Mr. McDonald with the ownership group on this project answering questions asked by Council related to the bridge expanding further on the planning that was done on this project. He also spoke regarding conversations they have had with the neighbor. 00:37:09 David Koel, Public Comment Mr. Koel, Architect with Cushing Terrell spoke on behalf of the applicant explaining why they created the layout they did. He spoke in detail regarding the Stillwater River and the planning used to develop their plans. 00:44:50 Ben Rankin, Public Comment Page 4 of 10 Kalispell City Council Minutes, December 4, 2023 Mr. Rankin with WGM Group spoke to the four deviations being requested. 00:48:43 Seeing no further public comment, Council President Graham closed public comment. Motion to approve the first readinst of Ordinance 1917, an ordinance to amend Section 27.02.010, official zoning map, city of Kalispell zoning Ordinance 1677, by creating a residential planned unit development to be known as Stillwater Bend Phase 2 PUD over certain real property more particularly described as Parcel B of Certificate of Survey no. 13982, situated in the southeast quarter of section 24 and the northeast quarter of section 25, township 29 north, ranee 22 west, P.M.M., Flathead County, Montana, and a portion of tract 3 of Certificate of Survey no. 12011 and a portion of the north half of the northeast quarter lying northerly and easterly of the Stillwater river of section 25, township 29 north, ranee 22 west, P.M.M., Flathead County, Montana, and as more particularly described on exhibit "A", in accordance with the Kalispell growth policy - plan it 2035, and to provide an effective date. Council Member — Sid Daoud: Motion Council Member — Sandv Carlson: 2" d 00:50:49 Councilor Hunter provided discussion on the motion. 00:53:40 Councilor Dahlman asked questions about Phase 1. She then provided discussion on the motion. 00:55:54 Councilor Gabriel asked questions related to justification from the developers about the riparian setback deviation request. O1:02:21 Councilor Nunnally asked a question related to floodplain. 01:02:50 Council President Graham provided discussion on the motion. 01:06:08 Councilor Hunter provided further discussion on the motion. 01:08:16 Councilor Daoud provided discussion on the motion. 01:10:54 Councilor Hunter provided further discussion on the motion. Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Absent 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: Approve Council Member - Jessica Dahlman: Disapprove Page 5 of 10 Kalispell City Council Minutes, December 4, 2023 Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Carlson, Gabriel, Nunnally, Fisher, Daoud, and Council President Graham in favor and Councilors Dahlman and Hunter opposed, and Mayor Johnson absent. 01:12:03 Motion to approve Resolution 6175, a resolution conditionally approving the preliminary plat of Stillwater Bend Phase 2, more particularly described as Parcel B of Certificate of Survey no. 13982, situated in the southeast quarter of section 24 and the northeast quarter of section 25, township 29 north, range 22 west, P.M.M., Flathead County, Montana, and a portion of tract 3 of Certificate of Survey no. 12011 and a portion of the north half of the northeast quarter lying northerly and easterly of the Stillwater River of section 25, township 29 north, range 22 west, P.M.M., Flathead County, Montana. 01:13:13 Councilor Gabriel provided discussion on the motion. Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent 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: Abbrove Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Carlson, Gabriel, Nunnally, Fisher, Daoud, and Council President Graham in favor and Councilors Dahlman and Hunter opposed, and Mayor Johnson absent. 3. Lofts at Buffalo Hill Conditional Use Permit 2 a This item considers allowing Immanuel Lutheran Communities to expand an existing residential care facility at 185 Crestline Avenue with a building height exceeding sixty feet. Senior Planner P.J. Sorensen provided the staff presentation. 01:20:12 Councilor Hunter asked questions related to financing safeguards. 01:23:54 Council President Graham asked questions related to parking requirements. 01:25:33 Council President Chad Graham opened public comment. Carla Wilton, Public Comment Page 6 of 10 Kalispell City Council Minutes, December 4, 2023 Ms. Wilton, Chief Operating Officer for Immanuel Lutheran Communities spoke on behalf of the applicant speaking to public comment that was received related to financials. She then spoke to the need for senior housing within Kalispell. 01:28:29 Rory Young, Public Comment Mr. Young with Jackola Engineering and Architecture presented himself on behalf of the applicant for questions that Council may have. 01:29:09 Roe Hatlen, Public Comment Mr. Hatlen, a resident at 40 Claremont spoke in opposition to this project citing his financial views related to Immanuel Lutheran Communities. no further bublic comment. Council President Graham closed bublic comment. 01:42:18 Motion to approve a request from Immanuel Lutheran Communities, for Conditional Use Permit KCU-23-05, a conditional use permit to allow forty (40) new independent living units as an addition to an existing residential care facility within the H-1 Zoning District as well as a building height of up to 68 feet, subject to ten conditions of approval, located at 185 Crestline Avenue and more particularly described as Lot 1 of Highland Park No. 3, 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 — Sid Daoud: Motion Council Member — Ryan Hunter: 2nd 01:44:02 Councilor Hunter provided discussion in favor of the motion. 01:46:22 Councilor Daoud provided discussion in favor of the motion. 01:47:42 Councilor Graham provided discussion in favor of the motion. 01:43:15 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Rvan Hunter: 2nd Mayor - Mark Johnson: Absent 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: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Mayor Johnson absent. 4. West View Estates Phases 6 Final Plat and Subdivision Improvement Agreement and Cash -in -Lieu of Parkland for Phases 6 and 7 a This item considers approving the final plat for Phase 6 and the SIA and cash -in - Page 7 of 10 Kalispell City Council Minutes, December 4, 2023 lieu for phases 6 and 7 located east of Stillwater Road, west of Stillwater Estates, and north of Taelor Road. Senior Planner P.J. Sorensen provided the staff presentation. 01:50:55 Council President Chad Graham opened public comment, seeing none, he closed public comment. 01:51:04 Motion to approve the final plat for West View Estates Phase 6, as well as the subdivision improvement agreement and cash -in -lieu of parkland. 01:51:50 Councilor Hunter provided discussion on the motion. Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve 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 Mayor Johnson absent. 5. West View Estates Phase 7 Final Plat � a This item considers approving the final plat for phase 7 located east of Stillwater Road, west of Stillwater Estates, and north of Taelor Road. Senior Planner P.J. Sorensen provided the staff presentation. Council President Chad Graham opened public comment, seeing none, he closed public comment. 01:53:05 Motion and Vote to approve the final plat for West View Estates Phase 7. Council Member - Sid Daoud: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Absent 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: Approve Council Member - Jessica Dahlman: Approve Page 8 of 10 Kalispell City Council Minutes, December 4, 2023 Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Mayor Johnson absent. 6. Appointment to the Architectural Review Committee This item considers the Mayoral appointment of Nihcole Petersen to this Committee. Council President Graham said that Mayor Johnson would like to appoint Nihcole Petersen to the Architectural Review Committee. 01:53:57 Motion to confirm the Mayor's appointment. Councilor Daoud provided discussion encouraging the public to explore volunteering to serve on city boards. Vote on the motion. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 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: Annrove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Mayor Johnson absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) 01:54:40 City Manager Doug Russell provided the following report: • Emergency responder levy education is being developed and staff will plan to not have any work sessions in the month of December to allow time to develop materials. Flathead County filed for relief with District Court related to the council election. As we learn more, we will update the council. 01:56:07 Councilor Daoud spoke to the process related to development review. 01:56:54 Council President Graham spoke to the comment made by Councilor Daoud related to development review. 01:57:53 City Manager Russell spoke to the development review process related to deviations and conditional use permits. J. ADJOURNMENT Page 9 of 10 Kalispell City Council Minutes, December 4, 2023 Mayor Johnson adjourned the meeting at 8:57 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — December 11, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — December 18, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online htt2s://www.kalispell.com/480/Meeting-Videos. Page 10 of 10