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05-20-24 City Council Meeting MinutesCITY OF 7�reil� KALISPELL CITY COUNCIL MEETING MINUTES May 20, 2024, 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/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 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 via video conference Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Ryan 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, 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 - Sam Nunnally: Motion Council Member - Sid Daoud: 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: Approve Council Member - Jessica Dahlman: Approve Page 1 of 11 Kalispell City Council Minutes, May 20, 2024 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. 1. Council Minutes — May 6, 2024 ' ,;;; 2. Ordinance 1920 — Second Reading - Radosevich Zonings This item considers annexation and zoning of RA-1, Residential Apartment for property located at 255 Three Mile Drive. 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 submitted. Council Member - Sid Daoud: 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: Afpprove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. F. COMMITTEE REPORTS 1. Tourism Business Improvement District Work Plan and Budget 00:02:39 Bryce Baker, Chairman of the Tourism Business Improvement District Board began the presentation explaining the Board is proposing a $2 per night increase to the TBID assessment from $2 to $4. Last time they did an assessment increase was 12 years ago. He explained all the costs that have risen related to marketing. He spoke regarding the marketing goals they have for the coming year, and then about the loss of the Spartan Race event. He then explained that room demand has decreased. 00:06:17 Diane Medler, Executive Director with Discover Kalispell presented the Tourism Business Improvement District work plan and budget showing a presentation as she talked. She explained that in addition to destination marketing they also integrate destination stewardship and management and destination development. She spoke regarding funding sources and then provided details regarding destination marketing. She spoke further regarding their marketing Page 2 of 11 Kalispell City Council Minutes, May 20, 2024 initiatives that include awareness, consideration and intent. She provided information about the Discover Kalispell phone app. She then talked in detail regarding destination stewardship and management. Ms. Medler then talked about destination development. She spoke regarding lodging occupancy trends which decreased, and data on available listings by unit size. She explained what trends they are watching. She provided a peak at marketing for 2025. 2. Kalispell Business Improvement District Work Plan and Budget G 00:18:51 Marshall Noice, the longest serving Board member of the Kalispell Business Improvement District began the presentation thanking the Council for decades of support. He talked regarding making downtown a better place to do business, own property, and that downtown Kalispell remains the heart of the County. He then spoke regarding the retirement of the previous Executive Director Pam Carbonari and the hiring of Jamie Keller as the new Executive Director. He spoke with appreciation for Ms. Keller, and said the BID has a new Downtown Ambassador, Richard Dilka. He spoke regarding a re -branding effort in coordination with the Kalispell Downtown Association. He talked regarding a grant award from the TBID for holiday decorations, and partnerships. 00:23:01 Gabe Mariman, Board member of the Kalispell Business Improvement District continued the presentation. He spoke regarding the budget presented providing details. He spoke about the facade improvement grants and other details of their budget. 00:25:32 Mayor Mark Johnson asked questions related to future capital improvement projects. 00:25:42 Mr. Mariman said there are many things they'd like to work on. He talked about plans they would like to undertake including cohesiveness between downtown and the Parkline, and the desire to increase the amount allowed under the facade improvement grant. Mayor Johnson said he appreciates the efforts of the BID. 3. City -County Health Department Budget Jennifer Rankosky, Health Officer with the Flathead City -County Health Department presented the Health Department budget for fiscal year 2024-2025. She began by saying the budget hasn't fluctuated much since last year. She spoke regarding environmental health funds, and food inspections. She then spoke regarding mosquito control. Ms. Rankosky continued speaking on the Animal Shelter budget. She continued the presentation related to Behavioral Health and talked about the Co -Responder Program. She spoke regarding details for attempts to get a Crisis Diversion Center open in partnership with service organizations. 00:34:43 Mayor Johnson asked about the direction that has been provided by County Commissioners related to the budget. 00:35:31 Council Member Hunter asked about funds that were allocated by the State Legislation related to Behavioral Health. Page 3 of 11 Kalispell City Council Minutes, May 20, 2024 00:35:52 Ms. Rankosky answered questions about the funding Council Member Hunter referred to and the money and resources that are needed to provide crisis services. 00:37:58 Council Member Nunnally thanked Ms. Rankosky for her work. 00:38:17 Council Member Hunter continued questions related to staffing for behavioral health. 00:40:25 Council Member Daoud asked about the possibility of collaborative efforts with Flathead Valley Community College. Ms. Rankosky answered questions related to staffing issues. G. PUBLIC HEARING — Tronstad Meadows/Whitetail Crossing Proposed Growth Polic Amendment, KGPA-24-01 Council will accept comments on a growth policy amendment application for approximately 110.5 acres located on the north side of Tronstad Road between Highway 93 North and Whitefish Stage Road, opposite of Sirucek Lane. Mayor Johnson opened the public hearing and asked for public comment. 00:4 : 09 Colbv Shaw, Public Comment Mr. Shaw of Tronstad Drive mentioned his written emailed public comment in opposition to this growth policy amendment. He spoke regarding his views on the growth policy and his thoughts on how this item has been handled by staff. He spoke on his views on transportation in the area near the application, and how he believes other items related to the growth policy affects this amendment application and provided details regarding why he is in opposition to this project. 00.49:45 Jeff Muller, Public Comment Mr. Muller of 45 Tronstad Drive spoke in opposition to the growth policy amendment application and the other related items. He would agree with the comments made by the previous speaker. He talked in detail regarding his belief that response times in the area of the application are inadequate for Fire, Emergency Service and Police. 00:53:58 Ming Munsinz, Public Comment Ms. Munsing of 213 Tronstad Road spoke in opposition to the growth policy amendment application. She spoke in agreement with previous speakers and explained in detail why she believes this amendment application would not fit into the growth policy documents and why she believes the application was not handled correctly. Ms. Munsing talked about the amount and tenure of public input received on this item. She then spoke regarding ways in which she feels the proposed amendment is not appropriate. 01:00:10 Michelle Demaris, Public Comment Ms. Demaris of Buffalo Stage spoke in opposition to the growth policy amendment application. She spoke in agreement with previous speakers. She talked in detail about transportation and road capacity concerns within the area of the application. She continued with reasons why she feels this application is not appropriate including concerns related to emergency services, wildlife habitat, and quality of life. Page 4 of 11 Kalispell City Council Minutes, May 20, 2024 01:03:49 Eric Mulcahy. Public Comment Mr. Mulcahy with Sands Surveying spoke on behalf of the developers saying they agree with the findings within the staff report and conditions of approval. He spoke regarding the application location being within the current growth policy designation as suburban residential. He talked regarding transportation improvement efforts made with the Montana Department of Transportation (MDT) since the Planning Commission meeting explaining that MDT came to an understanding with the developer outlining the improvements that the developer would fund and install with phase 1 to the Tronstad/Hwy 93 intersection if the project is approved. He talked in detail about the planning process the applicant went through on this item. 01:09:57 Mark Mulcahy. Public Comment Mr. Mulcahy of Silverbrook Drive spoke regarding the need for additional housing including for police officers and emergency responders. He spoke as a Police Officer who sees fellow officers forced to live in temporary campers or turn down employment offers as they cannot find housing. He asked Council to do what they can to ensure more housing options. 01:11:11 Dan Munsinz, Public Comment Mr. Munsing spoke in opposition to the growth policy amendment application. He spoke in agreement with previous speakers who were in opposition. He talked in detail regarding his views related to safety and traffic congestion concerns within the area of the application and his views about the validity of the traffic study. He believes the application has been rushed through and referred to a petition and public comments received. 01:15:33 Merna Terry, Public Comment Ms. Terry spoke in support of this subdivision. She talked about building homes in Kalispell for thirty years and said she supports subdivisions who try to find ways to make homes more affordable and available. 01:16:36 Kelly Shaw, Public Comment Ms. Shaw of 89 Tronstad Road spoke in opposition to this development saying she does not feel it is in the right location. She feels the application has been rushed through and stated there are a lot of people who do not want this development at this location. She spoke in detail regarding her views that the proposed homes are not affordable, her concerns related to safety and transportation issues. 01:19:26 Danielle Tuhy, Public Comment Ms. Tuhy spoke in opposition to the growth policy amendment application saying she agrees with prior comments made in opposition. She spoke regarding her thoughts on the rural nature of the area and her belief that the proposal would not be appropriate in the area. She referred to a petition she has emailed to Council. She spoke further regarding her views on the application and the objections she has heard from others and the assumptions she has heard from individuals and their disappointment in the public process and disappointment in the developers. She talked regarding the lack of affordable housing within the community, and her view that homes within the development would not be affordable. She talked about her concerns related to city infrastructure, and her views on annexation. She spoke further on her views regarding the developers and road infrastructure plans. 01:28:34 Cody Hoon, Public Comment Page 5 of 11 Kalispell City Council Minutes, May 20, 2024 Mr. Hoon a Teacher at Glacier High School spoke regarding growing up in the area. He then spoke in support of the application explaining he feels housing is greatly needed and sees how the developers are working to provide further housing options. He spoke regarding the desire for people to be able to live in the city where they work. 01:31:26 Sharon DeMeester. Public Comment Ms. DeMeester of 415 Chestnut Drive referred to statements made in articles written on this item and her views on the applicants and her belief that statements made were false. She talked in detail about her views regarding housing affordability, and availability, and on other subdivisions that have been approved. She then talked about her views related to traffic safety and congestion concerns on Tronstad Road and Ponderosa and further concerns related to transportation safety within the area. She continued explaining her views on what road infrastructure should be completed prior to the development. 01:38:34 Jessica Bubar. Public Comment Ms. Bubar of 250 Highland Drive read a statement from her neighbor Brian Kelly of 220 Highland Drive said he was not opposed to the development but is not in agreement with the density. He spoke to living next door to the proposal and on his concerns related to his water rights. She then talked on her behalf agreeing with a lot of statements that others have made. She said her biggest concern is traffic on Tronstad and Highland Drive. 01:41:14 Anthon E La ke Public Comment Mr. Lapke of 247 Glenwood Drive, a local Educator, shared his concern with the shortage of housing in the valley. He talked about the lack of housing for Educators and First Responders and his views that the addition of this development would add to housing inventory and allow people housing options. He spoke to current Education contract negotiations and how lack of housing affects recruitment. 01:45:33 Tim Kanig, Public Comment Mr. Kanig said he grew up on the application property and his experiences in his current home in the area. He spoke regarding his concerns with traffic and pedestrian safety in the area, lack of housing, and his preference for less density than is proposed. He spoke regarding adjacent property that his family owns that will become five acre lots. 01:49:21 Jon Soniu, Public Comment Mr. Sonju one of the owners for the proposal explained why he believes in this project. He talked about his experiences growing up north of Kalispell and the changes that he has seen. He spoke in detail regarding the lack of housing and his views related to how the proposed development would help with that issue with the goal of having at or below median housing pricing and how that would not be possible with 2.5 acre lots. He talked in detail about this project reducing the deficit within the single housing supply and urged Council to approve the proposal. 01:52:33 Dominique Forbush, Public Comment Mr. Forbush spoke regarding his recent costly experience buying a home in Kalispell. He provided his views on why he does not feel the proposed development would help with housing affordability. He spoke in agreement with previous statements made by others related to traffic and safety concerns. He talked about homes for sale in other subdivisions, and his views on the developers and urban sprawl. Page 6 of 11 Kalispell City Council Minutes, May 20, 2024 01:54:48 Michelle Taylor, Public Comment Ms. Taylor of 1210 Birchgrove Road spoke regarding her disappointment with the Planning Commission. She spoke regarding her views related to high enrollment within the school system and her experiences with children at Edgerton School. She asked Council to fully review the plans. She spoke about her views related to the developer and her views that housing is available but is not affordable. 01:57:47 Sandy Muller, Public Comment Ms. Muller of Tronstad Drive spoke in opposition to the development. She spoke regarding her views on the application process and that she believes it was rushed through. She talked further about her views on why she does not feel the proposal is appropriate and about a conversation she and her husband had with the developer and how she does not feel statements made were accurate. She asked that the application not be rushed, and everything presented be further considered. 02:01:13 Ken Dauenhauer, Public Comment Mr. Dauenhauer of 161 Highland Drive spoke regarding his experiences living in the area of the application. He spoke regarding concerns he has with his water well and how other nearby wells may affect it. He spoke of his objections related to project density and concerns regarding lack of traffic access and congestion and referring to other subdivisions in the area. 02:05:15 Christine Hursh, Public Comment Ms. Hursh of 210 Tronstad Road referred to her emailed public comment. She talked about traffic congestion, infrastructure concerns, and fears that construction will cause road degradation on Tronstad Road. She talked with concerns that road improvements proposed do not extend to other areas of Tronstad Road, and about the poor condition of the road. 02:07:44 Jill Davis, Public Comment Ms. Davis off of Whitefish Stage Road spoke regarding the lack of housing and on behalf of the people struggling to purchase housing. She provided stories related to people who cannot afford homes or even find a home to buy in the area and her views on how the development would help the situation. She talked about the need for development to help with the housing crisis. 02:11:45 Eric Anderson, Public Comment Mr. Anderson of Birch Grove spoke to his experiences growing up on Highland and spoke in opposition to the application saying he does not feel the road or water infrastructure is in place to support the proposed development. 02:13:08 Shawn Olson, Public Comment Mr. Olson spoke as a local developer and spoke regarding his views on the reasons for high housing costs and the lack of low-income, affordable housing. He spoke regarding his concerns related to road infrastructure and snow impacts on the roads in the area and spoke in opposition to the density proposed. 02:16:09 Frank Garner, Public Comment Mr. Garner of Crestview, an owner member of Tronstad/Whitetail thanked everyone for their comments and input on this project saying he feels it has improved the project. He talked about the process they are going through in developing this project and the ways in which they have Page 7 of 11 Kalispell City Council Minutes, May 20, 2024 responded to concerns and the partnerships they have established to create the best product they can. He spoke regarding details within a University of Montana housing study that was completed on the need for more housing inventory in the area, and the conclusions within the study. He spoke about how he believes the development would be an asset to the local housing market. He spoke regarding meetings with city staff and the Montana Department of Transportation to allow the developers to proceed with road infrastructure improvements proactively if the project is approved. He referred to a written statement he will submit that explains commitments on behalf of the developers to proceed with haste on the intersection and other road improvements. He referred to other concessions they have made in response to community concerns. He spoke regarding people who grew up in the area that are concerned that they will never be able to purchase a home with the current lack of housing inventory. 02:30:30 Travis Taylor, Public Comment Mr. Taylor of Kalispell spoke in strong opposition to the development saying he agrees with the comments made by previous speakers in opposition. He spoke in opposition to an additional traffic light in the area of the application and his concerns with traffic congestion, and the proposed density. He spoke regarding his concerns with the process and the application. He spoke in opposition to growth. 02:34:42 Kathryn May, Public Comment Ms. May of Whitefish Stage spoke about her views on crowding within the school system. She spoke to the lack of affordable housing for Educators and Emergency Responders. She agreed with previous comments in opposition related to safety issues and lack of infrastructure. She asked questions she would like Council to consider. 02:37:04 Michelle Weinberg, Public Comment Ms. Weinberg, lawyer for Sandy and Jeff Muller on this matter referred to emailed public comment she submitted on May 3 and her interpretation of the law as it relates to the comment not being submitted with the Council packet. She explained in detail why she feels the application does not meet growth policy amendment requirements and why her clients believe Council should deny the request before them. 02:46:51 Zack Bradley, Public Comment Mr. Bradley spoke regarding his experiences working and living as a Firefighter, Reserve Officer, and at the Hospital in the Flathead Valley for many years and he and his family's reasons for needing to leave the area due to the lack of housing. He spoke of his adult children's frustrations at not being able to purchase a home in the area. 02:50:19 Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead commended the public for raising concerns and questions related to this project. She referred to previous written comments submitted and talked about the finding of facts she feels should be considered related to public comment. She asked Council to stop proceeding on this application and explained why she feels that way and how she feels the City should work with the developers to put land in a deed restricted trust. 02:54:57 Joan Ehrenberg, Public Comment Ms. Ehrenberg of Whitefish Stage Road spoke regarding road safety concerns on Whitefish Stage Road and experiences she has had with others having accidents on the road. She continued Page 8 of 11 Kalispell City Council Minutes, May 20, 2024 with concerns related to how the development would affect the nature of the neighborhood and school system. She talked about her thoughts on affordable housing and guarantees she would like to see from the developer. She spoke further about emergency service concerns and talked further on her views in opposition to the application. Seeing no further public comment on the hearing, Mayor Johnson closed the public hearing. Public comment received to Mayor and Council via email to publiccomment(&,kalispell.com can be seen at https:irtime.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. 02:59:08 Mayor Johnson explained that all emails to ubliccomment a,kalis ell.com are sent directly to him and all the Council members. 02:59:38 City Manager Russell explained how public comment is processed in relation to the Planning Commission and to the Mayor and Council. H. PUBLIC COMMENT Mayor Johnson opened general public comment. 03:00:43 Walter Rowntree, Public Comment Mr. Rowntree of Kalispell spoke regarding the Warming Center work session discussion that happened last week and his views on informal guidelines on how the conditional use permit could or could not be rescinded or amended. 03:04:44 Kimberly Schexnider, Public Comment GIs. Schexnider of 3 51h Avenue West spoke regarding safety concerns and the potential for fatal accidents due to reckless driving behavior on Friday and Saturday nights she has seen in the area of 51h and Center near the Mall and in the Mall parking lot especially when the Kruize Kalispell events are happening and her safety concerns for her family and others. 03:08:22 Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment(a,kalispell.com can be seen at https:/,'time.ci.kalispell.mt.us; tA'ebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Resolution 6196 — Resolution of Intent and Call for Public Hearing on a Proposed Solid Waste Master Plan, Adjustment Increases to the Solid Waste Assessment, and Solid Waste Code Updates — Chapter 11. Garbage, Refuse and Weeds ' G This resolution considers setting a public hearing date for June 17, 2024, to hear from the public on these items. 03:09:01 City Manager Russell began the staff report explaining the process for this item. Page 9 of 11 Kalispell City Council Minutes, May 20, 2024 03:09:17 Director of Public Works Susie Turner spoke regarding the proposed Chapter 11 Update, saying that a correction needs to be made under Section I1-9, Bulk Waste and Special Residential Collection, under A.2 She explained that the item should reference multi -family instead of commercial. An updated version will be sent out and published correctly. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 03:10:34 Motion and Vote to adopt Resolution 6196, a resolution calling for a public hearing on June 17, 2024, for the proposed solid waste master plan, solid waste assessment adiustments and solid waste code updates with the amendment as described by staff. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Manor - 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: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. J. CITY MANAGER, COUNCIL AND MAYOR REPORTS o Action) City Manager Doug Russell provided the following report: • The next work session will be on Tuesday, May 28, as City Offices will be closed on Monday for Memorial Day. A presentation will be provided on a public/private partnership for open space development with an adjacent property owner next to the Wye parcel the City is purchasing from BNSF. A Warming Center follow up work session will also occur. • City staff will be meeting with officials from Belgrade on Thursday related to the educational process used by Kalispell for the emergency responder levy. He asked whether someone on Council would like to participate in that meeting. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 11:14 p.m. �C 'pRATF• �'o���pp�, • •fir = Ainlee Brunckhorst, CMC j2 Q� = City Clerk '. Mow -Minutes approved on July 1, 2024 i� * �. '//111111110,0 Page 10 of 11 Kalispell City Council Minutes, May 20, 2024 UPCOMING SCHEDULE City Offices Closed — May 27, 2024 — Memorial Day Holiday Next Work Session — May 28, 2024, at 7:00 p.m. — Council Chambers Next Regular Meeting —June 3, 2024, at 7:00 p.m. — Council Chambers Watch City Council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: hitlutut)e.com ;c cit�,,ofkalisi)ellmontana9632 streams. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. Page 11 of 11