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12-01-25 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES December 1, 2025, 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/MeetingVideos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. 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 - Ryan Hunter: Present Staff present included Interim City Manager and Development Services Director Jarod Nygren, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Finance Director Aimee Cooke, Planner 11 Donald McBath, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, and Police Chief Jordan Venezio. B. PLEDGE OF ALLEGIANCE C. AGENDAAPPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sid Daoud: 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: 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 Gabriel present. Kalispell City Council Minutes, December 1, 2025 D. CONSENT AGENDA All items on the consent agenda will be voted on with 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 10, 2025 0 Cz 2. Award Bid for Police Lockers to Montana School Equipment � a This item considers purchasing lockers including installation from Montana School Equipment in the amount of $88,790. 3. Ordinance 1947 — Second Reading — City Manager Residency& tz This ordinance considers amending City Code Section 2-36, Residence of City Manager to allow Council to waive the residency requirement through contract. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the agenda as published. Council Member - Sam Nunnallv: 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: 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 Council Member Gabriel absent. E. COMMITTEE REPORTS - None. F. PUBLIC COMMENT Mayor Johnson opened general public comment. 00:02:39 Bill Moseley, Public Comment Moseley, Chairman of the Kalispell Chamber of Commerce and Chair of the Downtown Forward Coalition explained the Coalition is composed of the Chamber, the Flathead Builders Association, the Downtown Association, the Kalispell Business Improvement District, the Tourism Business Improvement District, Discover Kalispell, and the Northwest Montana Association of Realtors, and Stephanie Brown from the Parks and Recreation Department. He explained the purpose of the Coalition is to be a trusted alliance of business leaders and key stakeholders united to champion a vibrant, thriving downtown Kalispell for the local community, businesses, and visitors. He spoke regarding four working groups they have developed and what Page 2 of 16 Kalispell City Council Minutes, December 1, 2025 they are working on and why. He provided and explained a survey they conducted recently talking with downtown businesses saying they will continue to update it as they talk with more businesses. He talked about the concerns they heard from the business owners and future work planned. He asked Council to consider solutions in next year's budget process. He gave examples related to parking concerns as that was the number one concern that was mentioned within the survey. Moseley said he would come back with further reports as work continues on the Coalition. 00:07:21 Kisa Davison, Public Comment Davison, the Chair of the Kalispell Business Improvement District Board, said they are planning to become more aggressive stewards of their funds and working hard to ensure it remains safe, welcoming and open for business. They plan to provide a monthly report to Council to report their progress. She spoke regarding their concerns about the economic pressure facing the business community, including commercial property tax increases ranging from 30% to 80% and how that may have a lasting impact on downtown. She spoke further regarding the effects of this tax burden. She reported that the Board has voted to manage the Business Improvement District without a director between January and June to reduce budget overhead. They will be attempting to obtain grants and use the savings for matching dollars and are looking at other ways to stretch their assessment dollars as well. They are refocusing their energy on encouraging economic investment in downtown to finance improvements to eliminate blight and strengthen infrastructure. Davison explained that the KBID Director, Jamie Keller, is in support of the changes. 00:11:44 Tatiana, Public Comment Tatiana a resident near Flathead High School spoke to previous public comment she provided, and her and to neighbors' frustrations that the St. Matthews Church on 61h Street West and Main Street have bells that go off every 15 minutes, 24 hours a day. They would request quiet hours overnight, perhaps from 1 Opm to lam and would like the bells to only go off every hour during the day. Seeing no further comments, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment(a,kalispell.com or other written means can be seen at www.kalispell.com/PublicComment. G. PUBLIC HEARING — General Fund Budget Amendment for the Central Garage �) a Council will accept comments on a proposed amendment to transfer $600,000 from the General Fund to the Central Garage Fund. Mayor Johnson opened the public hearing and public comment. Seeing none, Mayor Johnson closed public comment. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Resolution 6301 —Budget Amendment 0 a This resolution considers the transfer of $600,000 from the General Fund to the Central Garage Fund to support initial design activities for a new facility. Page 3 of 16 Kalispell City Council Minutes, December 1, 2025 Interim City Manager and Development Services Director Jarod Nygren provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 6301, a resolution amending the general fund budget of the City of Kalispell, Montana, as set forth in the 2025-2026 budget adopted by the City Council. Council Member — Sid Daoud: Motion Council Member — Sam Nunnally: 2nd 00:15:08 Council Member Daoud provided discussion on the motion. 00:15:43 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 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 roll call vote with Council Member Gabriel absent. 2) Ordinance 1948 — First Reading — Conditional Use Permit Revocation Text Amendment ODG This ordinance considers amending Kalispell Zoning Ordinance 1677, clarifying the process for revocation of an issued conditional use permit. 00:16:22 Planner II Donnie McBath provided the staff report on this item. 00:26:48 Council Member Hunter asked questions providing a scenario related to multi -family housing. 00:28:57 City Attorney Preble answered the question posed. 00:29:55 Council Member Hunter provided further background regarding his scenario and City Attorney Preble responded. 00:31:26 Mayor Johnson provided discussion on the question posed by Council Member Hunter. 00:33:24 Council Member Hunter provided further discussion. Page 4 of 16 Kalispell City Council Minutes, December 1, 2025 00:33:59 Council Member Graham asked questions about Senate Bill 382 and how complaints will be handled related to conditional use permits once more items will be handled administratively. 00:35:38 Interim City Manager and Development Services Director Nygren spoke to the question posed. 00:36:35 Council Member Nunnally asked how other cities are handling revocation of conditional use permits. Nygren answered questions. 00:38:18 Council Member Nunnally asked about state law related to conditional use permits. 00:38:38 Council Member Daoud asked about filing the application with the CUP. 00:39:19 Mayor Johnson provided discussion related to the state limiting local government rights. 00:40:30 Council Member Graham asked how Senate Bill 382 would affect this Ordinance if it is passed. Nygren answered questions. 00:41:01 Council Member Dahlman asked about wording within the Ordinance. Public Comment Mayor Johnson opened public comment. 00:41:33 Erika lirtala, Public Comment Wirtala with the Northwest Montana Association of Realtors would support approval of this Ordinance explaining why and providing an example. She asked questions regarding how complaints would be filed and considered. She spoke regarding the importance of enforcement. She asked how CUP's prior to passage would be handled and would be in favor of all CUP's being subject to this ordinance. She talked about the need for the application for the CUP to be part of the filed documents within the County Clerk and Recorder office and spoke further about what she likes about the Ordinance. She spoke regarding how she vets the public comment she provides with the Association. 00:48:00 Seeing no further comments, Mayor Johnson closed public comment. 00:48:17 Motion to approve the first reading of Ordinance 1948, an ordinance amending the Kalispell Zoning Ordinance 1677, by amending Chapter 27.33, Conditional Use Permits, by adding language that clarifies the revocation process in new Section 27.33.045, and amending Sections 37.33.060, 37.33.090, and 37.33.100, and declaring an effective date. Council Member — Chad Graham: Motion Council Member — Jed Fisher: 2°d Page 5 of 16 Kalispell City Council Minutes, December 1, 2025 00:49:07 Council Member Graham asked questions and provided discussion about the amendment suggested by staff. Nygren talked about how conditional use permits prior to passage would be handled and how enforcement is handled. 00:52:03 Council Member Dahlman provided discussion in opposition to the motion. 00:53:17 Council Member Daoud provided discussion on the motion and spoke in opposition to the 15 days listed within the Ordinance and would like to see that changed to 30 days. He then provided further discussion. 00:56:14 Council Member Hunter provided discussion in opposition to the motion and said that he would be providing numerous related amendments to the motion. 00:57:59 Council Member Hunter spoke regarding section 27.33.060, providing discussion for an amendment to the motion that he will make. 00:59:56 Motion to amend the Ordinance to strike Section 27.33.060. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:00:08 Mayor Johnson asked questions about how this amendment would affect the process. 01:00:20 Interim Manager Nygren answered Mayor Johnson's question. 01:01:09 Council Member Hunter and Mayor Johnson provided discussion on the amendment to the motion. 01:04:02 City Attorney Johnna Preble provided further clarification that conditional use permits already issued would not be subject to this ordinance if passed but staff would recommend that language provided in the staff memorandum is added to make that absolutely clear. 01:04:43 Vote on the motion to amend the Ordinance to strike Section 27.33.060. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion failed on roll call vote with Council Members Dahlman and Hunter in favor, Page 6 of 16 Kalispell City Council Minutes, December 1, 2025 and Council Members Daoud, Fisher, Nunnally, Carlson, Graham and Mayor Johnson opposed, and Council Member Gabriel absent. 01:05:07 Council Member Hunter provided discussion on a future amendment he will offer. 01:06:38 Motion to amend Section 27.33.045 2(a) reads, "Identifv which intentional material misrepresentations the city believes the conditional use permit holder made and/or which city ordinances the city believes the conditional use permit holder has substantively violated and/or which conditions the city believes the conditional use permit holder has violated. Council Member — Rvan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:06:44 Mayor Johnson asked questions about the words that were added to section 2(a) within the motion to amend. 01:07:09 Mavor Johnson asked for clarification on legal terminology regarding the term intentional. 01:08:16 Vote on the amendment related to Section 27.33.045 2(a). Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnall : Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion failed on roll call vote with Council Members Dahlman and Hunter in favor, and Council Members Daoud, Fisher, Nunnallv, Carlson, Graham and Mayor Johnson opposed, and Council Member Gabriel absent. 01:08:43 Motion to amend Section 27.33.045 4(a) to remove reference to unintentional misrepresentation and replace Section 27.33.045 4(b) to read, "the development is substantivelv in violation of one or more citv ordinances." Council Member — Rvan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:09:26 Mayor Johnson confirmed the motion. 01:09:45 Vote on the amendment related to Section 27.33.045 4(a) and 4(b). Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Page 7 of 16 Kalispell City Council Minutes, December 1, 2025 Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnall : Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The amendment to the motion failed on roll call vote with Council Members Dahlman and Hunter in favor, and Council Members Daoud, Fisher, Nunnally, Carlson, Graham and Mayor Johnson opposed, and Council Member Gabriel absent. 01:10:05 Council Member Hunter provided discussion on a future motion to amend. 01:10:58 Motion to amend to strike Section 27.33.045 (5) and to strike 27.33.090 after the first sentence. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:11:40 Council Member Graham asked a question about the motion. Council Member Hunter and Graham provided further discussion on the motion. 01:13:17 Council Member Fisher provided discussion. 01:13:46 Council Member Hunter provided further discussion. 01:14:25 Mayor Johnson and Council Member Hunter provided discussion. 01:15:51 Council Member Daoud asked staff for clarification regarding state law. 01:16:10 City Attorney Preble answered questions posed. 01:16:35 Vote on the Motion to amend to strike Section 27.33.045 (5) and to strike 27.33.090 after the first sentence. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member -Ryan Hunter: Approve The amendment to the motion failed on roll call vote with Council Members Dahlman and Page 8 of 16 Kalispell City Council Minutes, December 1, 2025 Hunter in favor, and Council Members Daoud, Fisher, Nunnallv, Carlson, Graham and Mavor Johnson opposed, and Council Member Gabriel absent. 01:16:55 Council Member Hunter provided further discussion. 01:20:15 Council Member Fisher provided discussion. 01:20:31 Motion to amend to chan6e any reference to 15 days in our proposed changes to move to 30 (business) days. Council Member — Sid Daoud: Motion Council Member — Jessica Dahlman: 2°d 01:20:48 Council Member Daoud provided discussion on his amendment. Mayor Johnson asked for clarification on the motion. Council Member Daoud clarified business days. 01:21:33 Vote on the amendment to the motion related to timing. Council Member - Sid Daoud: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnallv: 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 Council Member Gabriel absent. 01:22:03 Vote on the main motion as amended. Council Chair - Chad Graham: 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: Disapprove Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Council Members Carlson, Nunnallv, Graham, Fisher, Daoud, and Mayor Johnson in favor, Council Members Hunter and Dahlman opposed, and Council Member Gabriel absent. Page 9 of 16 Kalispell City Council Minutes, December 1, 2025 Note: An amendment to the motion was made and passed regarding this item later in the meeting. 3) North West View Subdivision and Townhome Preliminary Plat and Conditional Use Permit P; a a. Resolution 6302 — Preliminary Plat b. Conditional Use Permit This item considers allowing I I I detached single-family lots and 38 attached townhouse units on 42.58 acres located 750 feet north of the intersection of Stillwater Road and Taeler Road. 01:23:21 Planner II Donnie McBath provided the staff report on this item. 01:31:36 Council Member Hunter asked about lot sizes and then about the number of units. 01:32:16 Public Comment Mayor Johnson opened public comment. 01:33:02 Eric Mulcahy, Public Comment Mulcahy with Sands Surveying said he concurs with the staff report and is available for questions. 01:33:50 Ron Gerson, Public Comment Gerson asked whether any consideration was made related to affordability with this project. Seeing no further public comment Mayor Johnson closed public comment. 01:34:25 Motion and Vote to approve Resolution 6302, a resolution conditionally approving the preliminary plat of North West View Subdivision, described as a tract of land situated, lying and being in the southwest quarter of the northwest quarter and in the northwest quarter of the southwest quarter, all of section 25, township 29 north, range 22 west, P.M.M., Flathead County, Montana, and more particularly described as tract 1 of Certificate of Survey no. 22839, records of Flathead County, Montana, containing 42.583 acres, more or less, subiect to and together with all appurtenant easements of record. Council Member - Sid Daoud: 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: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member -Ryan Hunter: Approve The motion passed on roll call vote with Council Member Gabriel absent. PaLye 10 of 16 Kalispell City Council Minutes, December 1, 2025 01:35:29 Motion to grant the conditional use permit for the attached townhomes subject to the conditions of approval. Council Member — Sid Daoud: Motion Council Member — Sandy Carlson: 2°d 01:37:10 Council Member Daoud provided discussion on the motion. 01:38:13 Council Member Nunnally provided discussion on the motion. Mayor Johnson provided discussion on the motion. 01:38:53 Vote on the motion. Council Member - Sid Daoud: 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: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously with Council Member Gabriel absent. 4) Resolution 6303 -North Meadows Subdivision Preliminary Plat ® a This resolution considers preliminary plat approval of 44 townhouse/attached single- family lots on 12.13 acres at 1859 South Meadows Drive. 0139:00 Planner II Donnie McBath provided the staff report on this item. 02:02:33 Council Member Hunter asked questions about lot length and then provided discussion regarding parking lots. He then asked questions about the reasoning for the road extension. 02:04:28 Deputy Public Works Director Haskins responded to the question explaining that the road extension layout acts as a hammerhead turnaround for fire service. 02:05:12 Council Member Hunter asked questions related to applicant information regarding the wildlife corridor. 02:05:46 Planner McBath answered the question posed speaking regarding the letter received from Fish, Wildlife and Parks. 02:07:10 Council Member Hunter asked further questions and provided discussion. 02:07:36 Development Services Director Nygren spoke regarding minimum setbacks and the variance provisions. Page 11 of 16 Kalispell City Council Minutes, December 1, 2025 02:10:03 Council Member Hunter provided discussion related to wildlife habitat. 02:12:08 Interim Manager Nygren spoke to discussion provided. 02:12:52 Council Member Nunnally asked a question about the Fish, Wildlife and Parks letter received. 02:13:47 Council Member Daoud spoke regarding detailed written public comment received on this project. He asked questions that were posed in that public comment. 02:14:31 Public Works Director Turner spoke to Council Member Daoud's questions. 02:15:07 Council Member Daoud provided discussion. 02:16:36 Council Member Daoud asked questions about a missing sidewalk section and provided related discussion. 02:17:55 Interim Manager Nygren spoke to the question posed. 02:18:58 Council Member Daoud provided discussion. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 02:20:08 Jacqueline Pipolo, Public Comment Pipolo of Rimrock Court spoke to her view that Ashley Creek is a wildlife corridor and referenced a conversation with Fish, Wildlife and Parks. She spoke regarding riparian setbacks and design standards. She then spoke regarding calls she has made to DEQ and the Flathead Conservation District regarding the conditions of Ashley Creek and related laws, policies and regulations. She then talked about state law related to building near streams and permits needed. She also recited city code as it relates to streams and spoke to her views on the requested variances and her views as to why the stream variance should not be granted and would be detrimental to Ashley Creek and wildlife. She then talked in opposition to the variance related to block length. She then spoke regarding the roads. 02:34:52 Rickie Moffett, Public Comment Moffett with Rimrock Court spoke regarding a previous landslide that has occurred in the area and her views as to why the stream setback variance is not appropriate. She spoke in favor of the townhomes but would like the variances to not be granted. She spoke in favor of the townhomes but without granting the variances. 02:38:50 Teresa Karst, Public Comment Karst of N. Belmar Drive spoke to the letter from Fish, Wildlife and Parks and talked about the importance of wildlife. She spoke in opposition to the application referencing lack of sidewalks in the area, safety concerns, wildlife and other concerns that were brought up in previous public comments. She does not feel there are hardships for the developer. She spoke to concerns related Page 12 of 16 Kalispell City Council Minutes, December 1, 2025 to stream setbacks and is opposed to the variances requested and explained why she feels that way. 02:42:42 Steven Huskey, Public Comment Huskey of Bluestone Drive (near the proposed development) spoke regarding the wildlife he has seen behind his home and how important he feels that area is to the wildlife. He then read a prepared statement saying why he is opposed to the variances requested by the applicant. 02:46:46 Mark Tope, Public Comment Topp of Denver Avenue said he likes this project much better than the previous application. He spoke to his dislike of the design, asked about trips per day, and spoke to his concerns about safety within the neighborhood. He asked how the lots would be sold and constructed and how construction could affect the neighborhood. He spoke in opposition to crawl spaces in the area due to flooding and would like the common space to be accessible to the neighborhood. He is opposed to the density of the project. 02:51:14 Kisa Davison, Public Comment Davison spoke in support of the application and the requested variance and her views that by making infill difficult to build and develop, sprawl is encouraged and the negative consequences of sprawl such as septic, traffic issues, and the loss of agricultural land. She explained further why she is in favor of the development. 02:52:39 Toby McIntosh, Public Comment McIntosh with Jackola Engineering and Architecture on behalf of the applicant spoke regarding the South Meadows road transition and why it is designed as it is. He spoke to the internal road extension to the subdivision as it relates to the need for a fire turnaround. He talked about the riparian area on the slope and the open space and mitigating stream impacts. He talked about the permits that were referred to in a public comment and the process of applying for those after the preliminary plat is in place. He talked about stability not being taken lightly. He then spoke regarding the location of the 200 feet setback and not being able to construct the street and meet standards without being within that setback. 02:58:38 Seeing no further public comments, Mayor Johnson closed public comment. 02:59:19 Motion to approve Resolution 6303, a resolution conditionally approving the Preliminary plat of North Meadows Subdivision, described as a tract of land in the northwest quarter of the northeast quarter of Section 19, Township 28 north, Range 21 west, P.M.M., Flathead County, Montana, and as more particularly described on Exhibit «A99. Council Member — Sandy Carlson: Motion Council Member — Chad Graham: 2nd 03:00:40 Council Member Daoud asked the City Attorney whether it would be appropriate for him to recuse himself based upon discussion he had with the neighborhood when a previous application on this property was brought forward. 03:00:50 City Attorney Preble asked questions of Council Member Daoud to help him make that determination. Page 13 of 16 Kalispell City Council Minutes, December 1, 2025 03:02:06 City Attorney Preble asked for time to review the related policy. 03:02:19 Council Member Hunter provided extensive discussion related to riparian areas and zones and wildlife as it relates to buffer zones and stream setbacks. 03:08:10 Council Member Hunter asked how he should word a motion to amend to reject the variance. 03:08:28 Interim Manager spoke to Council Member Hunter's question. 03:09:53 Council Member Hunter provided further discussion in favor of applying the 200-foot setback except for that which is necessary for the street to access the site. Interim Manager Nygren and Council Member Hunter talked further about the design of the project. 03:11:38 Council Member Hunter provided discussion in opposition to the motion. 03:12:41 Council Member Dahlman provided discussion in opposition to the motion. 03:12:51 City Attorney Preble spoke to the earlier question from Council Member Daoud and read the section regarding appearance of impropriety within the council policies and provided her opinion on the matter. 03:13:50 Council Member Hunter provided further discussion on the motion. 03:14:43 Mayor Johnson provided discussion on the motion. 03:16:12 Council Member Fisher provided discussion in opposition to the motion. 03:16:39 Council Member Graham provided discussion in favor of the motion. 03:17:26 Council Member Daoud stated that he would recuse himself from the vote. 03:17:32 Council Member Nunnally provided discussion related to variances. 03:19:13 Vote on the motion. Council Member - Sandy Carlson: 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: Disapprove Council Member - Sid Daoud: Abstain Council Member - Jessica Dahlman: Disapprove Page 14 of 16 Kalispell City Council Minutes, December 1, 2025 Council Member - Ryan Hunter: Disapprove The motion passed with Council Members Graham, Nunnally, Carlson, and Mayor Johnson in favor, Council Members Hunter, Fisher, and Dahlman opposed, Council Member Daoud recused, and Council Member Gabriel absent. 03:20:06 Mayor Johnson talked about the Roberts Rule of Order rule that allows for an amendment to something previously adopted in the meeting. The amendment must pass by a two -third vote. 03:20:35 Motion to amend something previously adopted and amend Ordinance 1948 to add to item 3 to Section 27.33.010, General Provisions that states, "All changes to Section 27.33 through Ordinance 1948 shall apply only to conditional use permits granted after January 15, 2026." Council Member — Mark Johnson: Motion Council Member — Chad Graham: 2nd Mayor Johnson spoke to his amendment. 03:22:02 City Attorney Preble provided further clarification on this motion to amend that was suggested by staff. 03:22:51 Vote on the motion to amend Ordinance 1948. Mayor - Mark Johnson: 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: Approve Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Council Members Carlson, Nunnally, Graham, Fisher, Daoud, Hunter and Mayor Johnson in favor, Council Member Dahlman opposed, and Council Member Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) Interim City Manager Jarod Nygren provided the following report: • Reminder of an executive council session this Wednesday. • Discussion of a naming policy will be during the December 8, 2025, work session. 03:23:38 Council Member Fisher spoke regarding his concerns regarding the expected costs for the garage and would ask that staff and engineering work hard to keep costs down as much as possible. Page 15 of 16 Kalispell City Council Minutes, December 1, 2025 03:24:55 Council Member Graham provided discussion regarding previous comments made by council about eliminating conditional use permits and what he would recommend if that consideration is brought up in the future. 03:26:30 Council Member Nunnally spoke to Fisher's comments about the cost of the garage facility. 03:26:45 Council Member Daoud spoke regarding his views on zoning requirements. 03:27:01 Mayor Johnson spoke regarding the large increase in real estate taxes for retail properties and how that and other changes made to state law will negatively affect development, businesses, and costs to the people. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 10:32 p.m. Aimet Brunckhorst, City Clerk y�. 02.'_ = M Minutes approved on January 5, 2026 UPCOMING SCHEDULE City Offices Closed — November 27, and 28, 2025 - Thanksgiving Holiday Next Work Session — December 8, 2025, at 7:00 p.m. — Council Chambers Next Regular Meeting — December 15, 2025, at 7:00 p.m. — Council Chambers PARTICIPATION Watch council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/Meetin Vg ideos or live or later on YouTube at: www.kalispell.com/YouTube. 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, or ci clerk(akalispell.com. Page 16 of 16