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06-03-24 City Council Meeting Minutes�ALISPELL CITY COUNCIL MEETING MINUTES June 3, 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: httys://www.kalispell.com/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 Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present 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, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Deputy Public Works Director Keith Haskins, and Police Captain Dennis Petersen. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. 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: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve Page 1 of 11 Kalispell City Council Minutes, June 3, 2024 The motion passed unanimously on voice vote with Council Member Dahlman 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 7, and May 8, 2024 A G W G 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: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Member Dahlman absent. F. COMMITTEE REPORTS — None. G. PUBLIC HEARING — Special Street Maintenance Assessment Increase Council will consider public comments regarding Council's intent to consider a proposed increase to the assessment for the Special Street Maintenance Fund. Mayor Johnson opened the public hearing. Seeing none, Mayor Johnson closed the public hearing. H. PUBLIC COMMENT Mayor Johnson opened general public comment. 00:02:36 Kim Morasaki, Public Comment Ms. Morasaki with Northwest Montana Community Land Trust provided an update on their program and current status. She then spoke regarding ways that developers and organizations can partner with the Land Trust to provide affordable housing. She asked that Council consider smaller lots and smaller homes that can be used as starter homes. 00:07:04 Kyle Bohlinder, Public Comment Mr. Bohlinder spoke with concerns related to emergency response speaking on call volumes for volunteer fire departments. He then talked about why he does not feel the Fire Department is being properly managed and why he feels annexation of land is not appropriate. He then spoke regarding the quality of the city water saying he does not feel it is adequate. He spoke saying he does not feel a street project was done correctly and why he does not feel the Public Works Page 2 of 11 Kalispell City Council Minutes, June 3, 2024 Department is being managed correctly. He then spoke in opposition to the Warming Center and Samaritan House. Seeing no further comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com or in the mail can be seen at https:l/time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Experimental Aircraft Association Parking Lot Conditional Use Permit a This item considers a CUP for the construction of a parking lot at 1825 Airport Road at the Kalispell City Airport. Senior Planner P.J. Sorensen provided the staff report. 00:23:34 Public Comment Mayor Johnson opened public comment. 00:23:44 Devin Kuntz, Public Comment Mr. Kuntz, of Mountain View Drive spoke as a member of Local Chapter 102 of the Experimental Aircraft Association voicing his support of this application and presenting himself to Council for questions. Seeing no further comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com or in the mail can be seen at https:iitime.ci.kalispell.mt.us. WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. 00:24:40 Motion and Vote to approve a request from Brenton Battles, for Conditional Use Permit KCU-24-01, a conditional use permit to allow the construction of a parking lot within the airport Runway Protection Zone, subject to 11 conditions of approval. Council Member - Sam Nunnally: Motion Council Member - Jed Fisher: 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Member Dahlman absent. Page 3 of 11 Kalispell City Council Minutes, June 3, 2024 2. Tronstad Meadows/Whitetail Crossing Growth Policy Amendment, Annexation, Zoning, and Preliminary Plat G This item considers adopting, revising, or rejecting a growth policy amendment, approving annexation and initial zoning of R-3 (Residential), and preliminary plat approval for 380 lots on 110.5 acres, on property located on the north side of Tronstad Road between Highway 93 North and Whitefish Stage Road, opposite of Sirucek Lane. a. Resolution 6197A, B. or C -- Growth Policy Amendment b. Resolution 6198 — Annexation c. Ordinance 1921— First Reading — Zoning d. Resolution 6199 — Preliminary Plat 00:26:14 City Manager Doug Russell began the staff report by explaining that the staff report for this item is correct, however a correction to the growth policy amendment resolutions that came out with the June 3 meeting is necessary. He explained options Council can consider moving forward. 00:27:51 Mayor Johnson said he would like to receive the staff report, have Council ask questions and take public comment and then consider the action items at the next regular meeting. 00:.30: 8 City Manager Doug Russell explained policy related to public comment, and then to concerns by the public related to the updated traffic impact study. 00:32:34 Senior Planner P.J. Sorensen continued the staff report. 00:43:44 Deputy Public Works Director Keith Haskins provided further information on the staff report speaking on water and sewer. 00:51:46 Senior Planner P.J. Sorensen continued the staff report. 01:28:37 Council Member Graham began questions for staff related to water rights. Deputy Public Works Director Haskins answered questions related to water rights and well production. 01:31:25 Council Member Graham asked further questions about water wells and testing. 01:32:47 Council Member Graham asked questions about the annexation boundary policy. Senior Planner P.J. Sorensen answered boundary questions. 01:33:44 Council Member Fisher asked further questions related to water rights. Deputy Public Works Director Haskins continued answering questions. Senior Planner Sorensen, Deputy Director Haskins and Development Services Director Nygren answered questions related to traffic plans within the area asked by Council Member Fisher. Page 4 of 11 Kalispell City Council Minutes, June 3, 2024 01:37:35 Council Member Fisher asked questions related to Whitefish Stage Road. Director Nygren explained improvements planned by Montana Department of Transportation this summer. 01:38:38 Council Member Fisher asked questions about the school system. 01:40:00 Council Member Hunter asked questions about Whitefish Stage Road and road improvements criteria. Deputy Public Works Director Haskins answered questions. 01:42:52 Council Member Hunter asked questions related to Tronstad Road. Deputy Public Works Director Haskins answered questions. 01:44:58 Senior Planner Sorensen answered questions related to road improvements. Deputy Public Works Director Haskins answered questions. 01:46:27 Planning Director Nygren continued answering questions. 01:47:47 Council Member Hunter asked questions related to County planning. 01:48:30 Council Member Fisher asked questions related to Tronstad Road. 01:49:05 Council Member Hunter asked questions related to plowing on Tronstad Road. Deputy Public Works Director Haskins answered related questions. 01: 5 0:5 9 Council Member Hunter asked questions about weight limits. Deputy Public Works Director Haskins answered questions. 01:52:50 Council Member Hunter continued questions related to the realignment of Tronstad Road. Deputy Public Works Director Haskins answered questions. 01:5357 Council Member Hunter asked questions about further traffic concerns. Deputy Public Works Director Haskins answered questions. 01:55:15 Council Member Hunter asked further questions about traffic. 01:56:55 Senior Planner Sorensen answered questions about traffic improvements and timing. 01:59:19 Deputy Public Works Director Haskins continued answering questions from Council. Page 5 of 11 Kalispell City Council Minutes, June 3, 2024 02:00:32 Council Member Hunter asked questions related to city water. Deputy Public Works Director Haskins answered questions. 02:03:50 Council Member Hunter asked questions related to application submission. 02:05:30 City Attorney Preble answered questions. 02:06:28 City Manager Russell answered questions. 02:07:17 City Attorney Preble answered questions. 02:07:30 Council Member Daoud asked questions related to planned intersection improvements. 02:09:26 Council Member Fisher continued questions related to well rights. 02:10:23 Deputy Public Works Director Haskins answered questions. 02:11:23 Development Services Director Nygren clarified water and well rights. 02:12:03 Council Member Graham asked further questions related to intersection improvements. Senior Planner Sorensen answered Council questions. 02:14:41 Council Member Graham asked questions about votes needed on the zoning designation. 02:15:30 Council Member Nunnally asked questions related to well testing. Deputy Public Works Director Haskins answered questions. 02:16:46 5 Minute break. Mayor Johnson called for a short recess. Mayor Johnson called the meeting back to order after recess. About one minute of the recording is missing after coming back from break. Public Comment Mayor Johnson opened public comment. 02:17:09 Brian Kelly, Public Comment Mr. Kelly, a neighboring property to the proposal spoke regarding views on the lack of housing affordability within the proposal, and then provided discussion on his water rights, but lack of accessibility to the well in question. Mr. Kelly said he is not opposed to growth but spoke to the volume of homes proposed. He then spoke about traffic concerns expected on Highland Drive and influx in traffic in the area, and snow removal. Page 6 of 11 Kalispell City Council Minutes, June 3, 2024 02:22:32 Dan Munsing, Public Comment Mr. Munsing spoke in appreciation of the details within the presentation. He then spoke to his views on approval timing and the need for housing versus neighborhood concerns. He then spoke in detail regarding safety concerns on Tronstad Road. He spoke regarding the amount of public comment received in opposition to the development. Mr. Munsing spoke regarding his positive views on the Silverbrook Subdivision. He further spoke regarding his opposition to this subdivision application. 02:29:11 Kyle Bohlinder, Public Comment Mr. Bohlinder spoke regarding his negative plowing experiences in the area of the application. He then spoke regarding emergency medical response concerns in the area. He then spoke regarding road condition and safety concerns in the area. He then spoke regarding school capacity, and then regarding water concerns. He further spoke in opposition to this development. 02:44:49 Michelle Taylor, Public Comment Ms. Taylor of Birch Grove Road spoke in opposition to this development speaking on her views related to affordable housing and her views that the density and character of the application is not appropriate. She spoke further on her views in opposition to the proposal. 02:47:23 02:47:40 McKenzie Koenig, Public Comment Ms. Koenig of 355 Tronstad Road spoke in agreement with other speakers in opposition and to her experiences moving to the area and living near the proposed development. She talked regarding the rural nature of the area and in opposition to the density proposed. She spoke in detail about road safety and congestion concerns in the area and in favor of wide-open spaces. 02:51:14 Mark McCatty, Public Comment Mr. McCatty of Silverbrook said he has been in law enforcement for 32 years and spoke in favor of the application referencing the emergency responders who cannot find housing and some who have been forced to live in campers for years. 02:52:12 Robin Closio, Public Comment Ms. Closio on behalf of Terry Homes spoke in favor of the subdivision to supply further housing in the area. 02:53:02 Frank Garner, Public Comment Mr. Garner, co-owner of the project, spoke to the application process and how the development plans have gotten better over time through the process. He said he has reviewed the staff report and agrees with the conditions if approved and the amendment offered by the Planning Commission. He addressed concerns he has heard related to traffic concerns and spoke on the mitigations planned. He further addressed the lack of housing inventory in the area and referred to a housing study conducted by the University of Montana, and other references. He spoke to the collaborative effort that is planned to pay for traffic mitigation in the area. He further spoke in response to public comments received and the benefits the development would bring to the community. 03:03:26 Jessica Bubar, Public Comment Ms. Bubar of 250 Highland Drive a property manager and real estate agent spoke in agreement Page 7 of 11 Kalispell City Council Minutes, June 3, 2024 with the need to build further housing. She then spoke to safety concerns on Tronstad Road and would like a light installed prior to development and spoke to plowing concerns, and snowdrifts in the area. 03:05:19 Ming Munsinz Public Comment Ms. Munsing spoke in agreement with public comment received in opposition to the development. She spoke further regarding her views and asked Council to consider further questions. She spoke of her views that the application is incomplete and would like the Council to further pause the approval providing additional reasoning why she feels that way. She spoke in favor of additional community housing. She spoke to the amount of public comment received in opposition to the development. She submitted a map into the public record. She spoke to her views related to legal consistency, traffic and road safety concerns, water and development impacts, community impact and character, affordable housing, public trust and transparency. She urged Council to vote no on this application. 03:18:09 John Santiago, Public Comment Mr. Santiago, co-owner of the project spoke to his experience in legislative arenas. He spoke to the public comments in favor of the project. He spoke to the transparency the owners have provided and the feedback that they have incorporated into the project. He spoke to his experiences living in the area and to the desire to build a positive community asset. 03:21:17 Travis Taylor, Public Comment Mr. Taylor spoke in opposition to the project saying he agrees with the previous public comment in opposition. He asked a question related to the timing of the road improvements. He spoke to his views that the development is not appropriate and provided stories related to his experience in the area. 03:24:44 Danielle Tuhy Public Comment Ms. Tuhy of 280 Highland Drive borders the proposed development and said she agrees with all the public comment in opposition to the proposed development. She referred to her previous public comment and link to an online petition. She talked about her family history and the character of the neighborhood. She then spoke regarding her views on affordable housing, and her views on the application process and applicants. She spoke to her experiences as a business owner and board member and told a story related to her experiences during the COVID pandemic. She spoke regarding assisting employees and others with housing. She spoke further about why she is in opposition to the development and why she feels the Council should deny the application including road safety and water concerns. She spoke to the efforts that have been made by the opposition to this proposal. Public comment received to Mayor and Council via email to publiccomment@kalispell.com or in the mail can be seen at hl!ps:Htime.ci.kalispell.mt.us/WebLinlc;Browse.aspx?id= l28274&dbid=O&repo=Kalispell. 03:43:54 Seeing no further public comment, Mayor Johnson closed public comment. 03:43:45 Motion and Vote to postpone all items listed under the agenda item I2 Tronstad Meadows/Whitetail Crossing Growth Policy Amendment, Annexation, Zoning, and Preliminary Plat to the next (regular) council meeting to allow the public to have ample access to any updated documents. Page 8 of 11 Kalispell City Council Minutes, June 3, 2024 Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Member Dahlman absent. 3. Resolution 6200 - Tax Increment Finance Funds for Public Infrastructure Projects a This item considers the use of TIF funds for public road and storm water projects located within the West Side, Core Area Boundary. Senior Planner P.J. Sorensen provided the staff report. Public Comment Mayor Johnson opened public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com or in the mail can be seen at hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. Seeing no further public comment, Mayor Johnson closed public comment. 03:46:58 Motion and Vote to approve Resolution 6200, a resolution authorizing the use of West Side -Core Area Tax Increment Financing for public road and storm water projects. Council Member - Sid Daoud: 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: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Member Dahlman absent. 4. Resolution 6201 - Intent to Hold a Public Hearing for the Tourism Business Improvement District Budget and Work Plan a This resolution considers setting a public hearing for June 17, 2024, to hear from Page 9 of 11 Kalispell City Council Minutes, June 3, 2024 the public on this budget including a request to increase the bed tax assessment from $2 to $4 per night per room. City Manager Russell provided the staff report. 03:49:20 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com or in the mail can be seen at https_.'time.ci.kalispell.mt.us:'N�,'ebLin.4 ;Browse.aspx?id=128274&dbid=0&repo=Kalispell. 03:49:25 Motion and Vote to approve Resolution 6201, a resolution of intent calling for a public hearing regarding the proposed Tourism Business Improvement District FY 2024-2025 Budget and work plan, including a bed tax assessment increase, as recommended by its Board of Directors. Council Member - Sandy Carlson: Motion Council Member - Sam Nunnall..y. 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Member Dahlman absent. 5. Appointment to the Technical Advisory Committee W a This item considers the Mayoral appointment of one applicant to this Committee. Mayor Johnson appointed Zachary Massion to the Technical Advisory Committee. Motion and Vote to approve the Mayors recommendation. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Annrove 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: Absent Page 10 of 11 Kalispell City Council Minutes, June 3, 2024 Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Member Dahlman absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • An update regarding steps being taken to address PFAS (per- and polyfluoroalkyl) substances in the Kalispell water supply will be on the June 10, 2024, council work session. Several Department of Environmental Quality personnel will also be on hand at that meeting to help answer questions. • The Tronstad item will be on the June 17, 2024, meeting per the motion made tonight as well as two budgetary items. Planning Director Nygren will be handling the meeting. • The Warming Center has requested that Council consider extending the meeting date with Council from July 1, to August. Manager Russell asked for Council direction. Council decided to move the date for that hearing to July 15, 2024. Manager Russell clarified further data requests related to this item. • Council has rotated attendance at the National League of Cities Conference, but several members on the rotation cannot attend so other members could. 04:06: 18 Mayor Johnson spoke to his frustration that public comment on specific projects will be curtailed in the future around some zoning decisions due to the state legislation that has passed. K. ADJOURNMENT Mayor Johnson adjour ,,j�i�g meeting at 11: 11 p.m. o �K.....�s�., SEAL V 892 Aim a Brunckhorst, CMC `ONTP?' City Clerk ''�����►►►► *���`��``` Minutes approved on July 1, 2024 UPCOMING SCHEDULE Next Work Session — June 10, 2024, at 7:00 p.m. — Council Chambers Next Regular Meeting — June 17, 2024, at 7:00 p.m. — Council Chambers PARTICIPATION 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: https:,�.lwww.youtube.com/(&cityofkalispellmontana9632 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