City Council Agenda

CITY COUNCIL MEETING AGENDA October 19, 2020, at 7:00 p.m. This meeting will occur via video conferencing to provide an environment that will comply with the Governor’s Phase II COVID-19 Directive. Public comment can be provided via email to publiccomment@kalispell.com or verbally during the video conference. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_Y13W4ZMNRAmKnAB_SebeuQ. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL 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 – October 5, 2020 2. Ordinance 1849 – 2nd Reading – Musso Zone Change This item considers a request from Sarah and Alexander Musso for initial zoning of City R4 (Residential) at 904 8th Avenue West. 3. Award Bid – Forestry Boom Truck This item would award a bid for a Forestry Boom Truck to Custom Truck One Source in the amount of $130,000. F. COMMITTEE REPORTS 1. Architectural Review Committee Awards 2. Health Department Update G. PUBLIC COMMENT Persons wishing to address the council are asked to provide public comment via email to publiccomment@kalispell.com or verbally during the video conference. Register at: https://us02web.zoom.us/webinar/register/WN_Y13W4ZMNRAmKnAB_SebeuQ. Please provide your name and address for the record. Page 1 of 3  Kalispell City Council Agenda, October 19, 2020 H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalispell.com or verbally during the video conference. Register at: https://us02web.zoom.us/webinar/register/WN_Y13W4ZMNRAmKnAB_SebeuQ. Please provide your name and address for the record. 1. Resolution 6003 – Final Plat – Rhodes Subdivision This item considers a request from Mark and Amy Rhodes for the final plat approval of Rhodes City Subdivision at 362 and 370 2nd Avenue West North. 2. Legislative Priorities This item considers adopting a proposed set of legislative priorities as a means for the City Council to communicate the needs and concerns of the city to the members of the Montana State Legislature as it approaches its next term. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – October 26, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – November 2, 2020, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 2 of 3 Kalispell City Council Agenda, October 19, 2020 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. c. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007  We provide a safe environment where individual perspectives are respected, heard, and acknowledged.  We are responsible for respectful and courteous dialogue and participation.  We respect diverse opinions as a means to find solutions based on common ground.  We encourage and value broad community participation.  We encourage creative approaches to engage in public participation.  We value informed decision-making and take personal responsibility to educate and be educated.  We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving.  We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition.  We follow the rules & guidelines established for each meeting. Page 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES October 5, 2020, at 7:00 p.m. This meeting occurred via video conferencing to provide an environment that complied with the Governor’s Phase II COVID-19 Directive. Public comment was provided via email to publiccomment@kalispell.com or verbally during the video conference. Registration to join the video conference was available at: https://us02web.zoom.us/webinar/register/WN_FE4oQ0oZS4Wzmz1nl3mTuw. A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present Council Chair - Chad Graham: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Council Member - Sam Nunnally: Present Council Member - Ryan Hunter: Present Council Member - Kyle Waterman: Absent Staff present in the City Hall Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, Deputy City Clerk Judi Funk, Community Development Director Jarod Nygren, and Parks and Recreation Director Chad Fincher. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL 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 Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Page 1 of 7  Kalispell City Council Minutes, October 5, 2020 Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on voice vote with Councilors Gabriel and Waterman absent. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – September 21, 2020 2. Award Bid for an Asphalt Recycling Machine This item would award a bid for an Asphalt Recycling Machine to NorMont Equipment Co. in the amount of $84,500. 3. Award Bid for a Side Arm Garbage Truck This item would award a bid for a new side arm garbage truck to SWS Equipment Inc. in the amount of $289,379. Public Comment Mayor Johnson asked for public comment on the consent agenda informing video attendees to utilize the raise hand feature of the video platform to indicate they would like to provide comments. Seeing none, he closed public comment on the consent agenda. Motion and Vote to approve the consent agenda as submitted. Council Chair - Chad Graham: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on voice vote with Councilors Gabriel and Waterman absent. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Page 2 of 7  Kalispell City Council Minutes, October 5, 2020 Mayor Johnson asked for general public comment from video attendees asking them to utilize the raise hand function within the video platform to indicate they would like to provide comments. Jennifer Cale, Public Comment Ms. Cale and Gregg Hill spoke in support of the Ordinance to ban the feeding of waterfowl speaking to the benefits of the ban. Seeing no further general public comment, Mayor Johnson closed that portion of the meeting. General public comment received via email to publiccomment@kalispell.com between October 1, to October 7, 2020 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=134621&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Ordinance 1848 – 2nd Reading – Prohibiting the Feeding and Abandonment of Animals in City Parks This ordinance would prohibit the feeding of fowl and the abandonment of domestic animals in City parks and provide a civil penalty for infraction. City Manager Doug Russell provided the staff presentation on this item. Councilor Hunter asked questions of staff. Public Comment Mayor Johnson asked for comment from video attendees regarding Ordinance 1848 asking them to utilize the raise hand function within the video platform to indicate they would like to provide comments. Seeing none (besides the related comment under general public comment), Mayor Johnson closed public comment. 07:10:59 PM (00:11:06) Motion to approve the second reading of Ordinance 1848, an ordinance declaring the abandonment of domestic animals in the Municipal Parks of Kalispell and the feeding of domestic or wild fowl in any of the Municipal Parks of Kalispell to be a civil offense, declaring an effective date and authorizing the City Attorney to codify the same. Council Member: Chad Graham – Motion Council Member: Sandy Carlson – 2nd Discussion on the motion. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Page 3 of 7  Kalispell City Council Minutes, October 5, 2020 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed on roll call vote with Councilor Daoud opposed and Councilors Gabriel and Waterman absent. 2. Resolution 6000 – Budget Amendment – BaRSAA This resolution would amend the 2020 Bridge and Road Safety and Accountability Act Special Revenue Fund Budget. City Manager Doug Russell provided the staff report on this item. Public Comment Mayor Johnson asked for comment from video attendees regarding Resolution 6000 asking them to utilize the raise hand function within the video platform to indicate they would like to provide comments. Seeing none, Mayor Johnson closed public comment. 07:21:33 PM (00:21:40) Motion and Vote to approve Resolution 6000, a resolution amending the Bridge and Road Safety and Accountability Act Special Revenue Fund Budget of the City of Kalispell, Montana, as set forth in the 2019-2020 budget adopted by City Council. Council Member - Tim Kluesner: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Councilors Gabriel and Waterman absent. 3. Resolution 6001 – Budget Amendment – Community Development This resolution would amend the 2020 Community Development Miscellaneous Special Revenue Fund Budget. City Manager Doug Russell provided the staff report on this item. Public Comment Mayor Johnson asked for comment from attendees regarding Resolution 6001 asking them to utilize the raise hand function within the video platform to indicate they would like to provide comments. Seeing none, Mayor Johnson closed public comment. Page 4 of 7  Kalispell City Council Minutes, October 5, 2020 07:23:41 PM (00:23:48) Motion and Vote to approve Resolution 6001, a resolution amending the Community Development Miscellaneous Special Revenue Fund Budget of the City of Kalispell, Montana, as set forth in the 2019-2020 Budget adopted by the City Council. Council Member - Sandy Carlson: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Councilors Gabriel and Waterman absent. 4. Musso Annexation and Zone Change This item considers a request from Sarah and Alexander Musso for annexation and initial zoning of City-R4 (Residential) at 904 8th Avenue West. a. Resolution 6002 – Annexation b. Ordinance 1849 – 1st Reading – Musso Zone Change Senior Planner P.J. Sorensen provided the staff presentation on this item. Public Comment Mayor Johnson asked for comment from attendees regarding the Musso annexation or zone change asking them to utilize the raise hand function within the video platform to indicate they would like to provide comments. Seeing none, Mayor Johnson closed public comment. 00:27:47 Motion to approve Resolution 6002, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an Annexation certain real property described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana and more particularly described on “Exhibit A” to be known as Musso Addition No. 449, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member – Ryan Hunter: Motion Council Member – Chad Graham: 2nd Discussion on the motion. Vote on the motion. Council Member - Ryan Hunter: Motion Council Chair - Chad Graham: 2nd Page 5 of 7  Kalispell City Council Minutes, October 5, 2020 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Councilors Gabriel and Waterman absent. 07:30:49 PM (00:30:56) Motion and Vote to approve the first reading of Ordinance 1849, 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 a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the Map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana, and more particularly described on Exhibit “A” previously zoned County R-1 to City R-4, residential, in accordance with the Kalispell Growth Policy Plan-IT 2035, and to provide an effective date. Council Chair - Chad Graham: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Chair - Chad Graham: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Sam Nunnally: Approve Council Member - Ryan Hunter: Approve Council Member - Kyle Waterman: Absent The motion passed unanimously on roll call vote with Councilors Gabriel and Waterman absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • This week the Montana League of Cities and Towns is holding their annual conference virtually. The conference was meant to be held here in Kalispell. • The draft agenda for the work session on October 12, 2020 includes an update of our Transportation Plan and revisiting our Legislative Platform. Mayor Johnson provided the following report: • Mayor Johnson talked with Mr. Kuntz and Mr. Atkinson about having a work session soon to discuss the Homeless Task Force findings. • Mayor Johnson talked with Councilor Waterman today who spoke regarding the uptick in the COVID cases around our valley and in the state and reported that the hospital is Page 6 of 7  Kalispell City Council Minutes, October 5, 2020 getting close to the red zone for capacity. The Mayor would ask that citizens keep that in mind and take measures to mitigate the spread of the virus. Please heed the advice of our medical professionals and heed guidelines. Mayor Johnson also sent his thoughts and prayers to the President as the President is currently afflicted with the COVID-19 virus. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:36 p.m. ________________________________________ Judi Funk Deputy City Clerk Minutes approved on, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – October 12, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – October 19, 2020, at 7:00 p.m. – Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 7 of 7  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1849 Second Reading – Musso Initial Zoning MEETING DATE: October 19, 2020 BACKGROUND: This matter is a request from Sarah and Alexander Musso for initial zoning of city R-4 (Residential). The property is located at 904 8th Avenue West and can be described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell City Council, at their meeting on October 5, 2020, approved the first reading of Ordinance 1849 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1849, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by zoning certain real property described as a portion of Lot 1 of Block 13 of High School Addition to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana., Montana, as City R-4 (Residential), in accordance with the Kalispell Growth Policy Plan – It 2035, and to provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1849 c: Aimee Brunckhorst, Kalispell City Clerk  ORDINANCE NO. 1849 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” (PREVIOUSLY ZONED COUNTY R-1) TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Sarah and Alexander Musso, the owners of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned R-4, on approximately 0.17 acres of land; and WHEREAS, the property is located at 904 8th Avenue West; and WHEREAS, Musso’s petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KA-20-03, dated September 2, 2020, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned R-4, Residential, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-4, Residential, the City Council finds such initial zoning to be consistent with the Kalispell Growth Policy Plan-It 2035 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. KA-20-03. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance (Ordinance No. 1677) is hereby amended by designating the property described above as R-4, Residential, on approximately 0.17 acres of land. SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 19TH DAY OF OCTOBER, 2020. ______________________________________ Mark Johnson ATTEST: Mayor __________________________ Aimee Brunckhorst, CMC City Clerk EXHIBIT “A” THAT PART OF LOT 1 OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET; THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING.  Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 MEMORANDUM REPORT TO: Doug Russell, City Manager FROM: Fred Bicha, Parks Superintendent CC: Chad Fincher, Director MEETING DATE: October 19, 2020 SUBJECT: Purchase of an Aerial Lift Forestry Bucket Truck BACKGROUND: Through the 2020-2021 budgeting process City Council granted procurement authority to the City Manager for the purchase of an Aerial Lift Forestry Bucket Truck for the Forestry program. Two bids were received for the purchase of an Aerial Lift Forestry Bucket Truck. The current forestry boom truck was red tagged by Central Garage in February 2020 due to a crack in the boom. Repair cost of the boom was prohibitive for the age of the truck and lift. Forestry staff use aerial lifts approximately 300 days per year as they prune 600-700 trees each year. The following bids were received: Custom Truck One Source, Terex XT56 Pro Forestry Aerial Lift $130,000 Altec Industries, Inc. Altec LR7-56 $136,700 ACTION REQUESTED: Motion to award the purchase of a Terex XT56 Pro Forestry Aerial Lift from Custom Truck One Source. FISCAL EFFECTS: This equipment purchase will be through the Forestry spending authority. The 2020-2021 budget allocated $140,000 towards the purchase of an Aerial Lift Truck. With the lowest bidder bidding $130,000, $10,000 will remain in the line item. ALTERNATIVES: As suggested and approved by City Council. cc: Aimee Brunckhorst, Kalispell City Clerk  Development Services 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Rachel Ezell, Kalispell Planning Department SUBJECT Architectural Review Awards MEETING DATE: October 19, 2020 BACKGROUND: The City of Kalispell Architectural Review Committee began an awards program in 2010 to acknowledge quality development in the community that reflects the goals and purpose of the committee, encouraging originality and innovation to protect and enhance the city’s character and appeal. While there have been a lot of examples of good, quality development within the city over the past few years, they have selected the following projects from 2019 for special recognition: Sunrift Beer Company (55 1st Ave WN) Owner: WSPGB Land II LLC Contractor: WSPGB Land II LLC Architect: Mark T. Johnson Architect, Ltd. Sherman Building (343 1st Ave W) Owner: Blue Spruce Investments Contractor: Lemire and Company Architect: Christine Bleyhl RECOMMENDATION: Recognize Julia Pierrottet, chair of the committee, to formally make the presentation. Report compiled: September 24, 2020 c: Aimee Brunckhorst, Kalispell City Clerk  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Director SUBJECT: Resolution 6003 - Final Plat request for Rhodes City Subdivision MEETING DATE: October 19, 2020 BACKGROUND: Our office has received a request from Marquardt Surveying on behalf of Mark and Amy Rhodes for a two-lot residential subdivision. The subdivision will subdivide an existing 0.33- acre lot into two lots (one being 7,242 square feet and the other 6,958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-20-02. The subject property is located at 362 and 370 2nd Avenue West North and can be described as Assessor’s Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve the final plat request for Rhodes City Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6003 Final plat compliance letter Staff report KWP-20-02 Application Materials c: Aimee Brunckhorst, Kalispell City Clerk  RESOLUTION NO. 6003 A RESOLUTION APPROVING THE FINAL PLAT FOR RHODES CITY SUBDIVISION, DESCRIBED AS ASSESSOR’S TRACT 2BA IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND AS FURTHER DESCRIBED ON EXHIBIT ”A”. WHEREAS, Marquardt Surveying, on behalf of Mark and Amy Rhodes, the owners of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property; and WHEREAS, the preliminary plat was waived on May 8, 2020 as the subdivision met the criteria for preliminary plat approval waiver, as outlined in Section 2.08 of the Kalispell Subdivision Regulations (Preliminary Plat Process-Minor Subdivision-Preliminary Plat Waiver), subject to seven conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-20-02) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-20-02 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Marquardt Surveying, on behalf of Mark and Amy Rhodes, the owners of the certain real property described as Assessor’s Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Rhodes City Subdivision is hereby approved. SECTION 3. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION 4. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 19TH DAY OF OCTOBER, 2020. _________________________________ Mark Johnson ATTEST: Mayor ____________________________ Aimee Brunckhorst, CMC City Clerk  EXHIBIT “A” That portion of the Northwest 1/4 of the Southeast 1/4 of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the intersection of the centerlines of Second Avenue West North and West Washington Street: Thence along the centerline of West Washington Street, South 76°09’55” West 33.00 feet to the Westerly right of way of Second Avenue West North; Thence along said Westerly right of way, North 13°45’23” West 83.00 feet to the POINT OF BEGINNING; Thence continuing along said Westerly right of way of Second Avenue West North, North 13°45’23” West 100.00 feet; Thence South 76°14’37” West 150.00 feet; Thence South 13°45’23” East 100.00 feet; Thence North 76°14’37” East 150.00 feet to the Point of Beginning, containing 0.33 acres of land, all as shown hereon. Subject to and together with easements of record.  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning October 14, 2020 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Re: Resolution 6003 - Final Plat for Rhodes City Subdivision Dear Doug: Our office has received a request from Marquardt Surveying on behalf of Mark and Amy Rhodes for a two-lot residential subdivision. The subdivision will subdivide an existing 0.33-acre lot into two lots (one being 7,242 square feet and the other 6,958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. All of the conditions of the preliminary plat waiver have been met or adequately addressed. The findings of fact for approval of the plat are found in attached staff report KWP-20-02. The subject property is located at 362 and 370 2nd Avenue West North and can be described as Assessor’s Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, M.P.M, Flathead County, Montana. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat: 1) That the final plat is in substantial compliance with the preliminary plat that was waived. Staff Response: This condition has been met. The final plat is in substantial compliance with the waiver of preliminary plat. 2) This waiver of preliminary plat approval is valid for three years and will expire on January 11, 2022. Staff Response: This condition has been met. Final plat application is occurring prior to expiration. 3) The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition is not applicable. There are not water or sewer plans necessary for this subdivision. 4) Prior to final plat, both lots shall have individual water and sewer service lines constructed in accordance with the City of Kalispell Construction and Design Standards. Staff Response: This condition has been met. Public Works confirmed that there are individual lines for each lot. 5) Prior to final plat, 8 feet of alley right-of-way shall be dedicated to the city adjacent to the subdivision. Staff Response: This condition has been met. The alley right-of-way is dedicated on the face of the plat. 6) A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition is not applicable. There is no new infrastructure associated with the subdivision. 7) Prior to final plat, Lot 2 shall have installed two off-street parking spaces in accordance with Chapter 27.24 of the Kalispell Zoning Ordinance. Staff Response: This condition has been met. Two parking spaces have been installed. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on May 8, 2020. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 Zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECOMMENDATION: It can be found that the conditions of the waiver of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Rhodes City Subdivision. Please schedule this matter for the regular City Council meeting on October 19, 2020. Attachments: - Staff Report KWP-20-02 - 2 Mylars of final plat - Copy of final plat - Applicant responses and application dated 9/23/20 - First American Title Report 5010500-915314-CT dated 7/14/20 - Tax Certification dated 7/28/20 - Consent to Platting from Glacier Bank dated 8/7/20 - Montana Department of Environmental Quality MFE letter dated 7/20/20 - Waiver of Preliminary Plat Approval dated 5/8/20 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk  RHODES CITY SUBDIVISION REQUEST FOR FINAL PLAT STAFF REPORT #KWP-20-02 KALISPELL PLANNING DEPARTMENT OCTOBER 14, 2020 This is a report to the Kalispell City Council detailing findings of fact for a two-lot residential subdivision. Preliminary plat approval for this minor subdivision was waived on May 8, 2020, with 7 conditions of approval. BACKGROUND: A request from Mark and Amy Rhodes for a two-lot residential subdivision. The subdivision will subdivide an existing 0.33-acre lot into two lots (one being 7242 square feet and the other 6958 square feet). The property to be subdivided is zoned R-3 (Residential) and contains two single-family residences. The subdivision will result in each home being on its own lot. The preliminary plat was waived on May 8, 2020, because it was found that the proposed subdivision met the criteria for preliminary plat waiver as outlined in Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. A: Applicant: Mark and Amy Rhodes 55 Maple Ridge Kila, MT 59920 Technical Assistance: Marquardt Sureying 201 3rd Ave West Kalispell, MT 59901 B: Location: The property is located at 362/370 2nd Avenue West North and can be described as Assessor’s Tract 2BA in the Northwest Quarter of the Southeast Quarter of Section 7, Township 28 North, Range 21 West, M.P.M, Flathead County, Montana. A specific metes and bounds description is listed on the face of the plat, which is included with this report. 1 C: Existing Land Use and Zoning: The zoning of the subject property is R-3 (Residential). It currently contains two single-family residences. The R-3 zone is intended “to provide lot areas for urban residential development. This district should have good thoroughfare access, and be in proximity to community and neighborhood facilities, i.e., schools, parks, shopping areas, etc. Development within this district must be served by all public utilities. This zoning district would typically be found in areas designated as suburban residential or urban residential on the Kalispell Growth Policy Future Land Use Map. D. Size: The subject property is approximately 0.33 acres. E: Adjacent Zoning: North: R-3 East: B-2 South: B-2 West: B-2 & RA-1 F: Adjacent Land Uses: North: Single-family East: Single-family South: Single-family and commercial West: Single-family 2 G: General Land Use Character: The property is in a single-family residential area. About one-half block to the south, the area transitions into a general commercial area along West Idaho Street. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District #5 - Russell Elementary/Glacier High School Fire: City of Kalispell Police: City of Kalispell 3 REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT 4 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. There are no unusual aspects of the site which would contribute to fire danger, and fire hydrants are located in the adjoining street right-of-way. Flooding: The subject property is located entirely outside of the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C1805J). Access: Frontage for both lots would be on 2nd Avenue West North, but both properties would have alley access and are constructed with the garages in back for access off of the alley. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. The maps show a whitetail deer density of less than five per square mile, and no significant elk or moose habitat. Lastly, the property is not considered suitable habitat for wildlife since the subject property is within an urban area and currently surrounded by development. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat without significant topography or slopes. A Geotech report is not required because it is a minor subdivision. Surface and Groundwater: The subdivision will be served by public water and sewer thereby minimizing any potential impacts to groundwater. There is no surface water on or near the site. Drainage: There is curb/gutter and a stormwater system within the adjacent right-of-way. No special on-site drainage improvements would be required. D. Effects on Local Services: Water: Water to the subdivision will be provided by the City of Kalispell via existing mains. The homes are already served with city water (one house undergoing work does not have the water currently turned on) with individual lines serving each lot. There is adequate capacity within the city’s water system to accommodate this subdivision. Sewer: Sanitary sewer to the subdivision will be provided by the City of Kalispell via existing mains. The homes are already served by city sewer service with individual lines serving each lot. There is adequate capacity within the city’s sewer system to accommodate this subdivision. 5  Access and Roads: Frontage for both lots would be on 2nd Avenue West North, but both properties would have alley access and are constructed with the garages in back for access off of the alley. No improvements to the public right-of-way is required. Schools: The property is within the boundaries of School District #5 (Russell Elementary and Glacier High School). On average, it would be anticipated that there would be about one student from the neighborhood at full build-out. Section 76-3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision’s impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection and there is a hydrant in the adjacent street. Fire station 61 is located approximately 0.6 miles away, providing good response time. Parks and Recreation: There is no open space or parkland as part of the subdivision, as the size of the subdivision is an exception to the general park dedication requirement. The residents would have access to the city park system, including Washington Park about four blocks to the west. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate this additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is about 0.8 miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has not recently been used for agricultural purposes. It has been used for single- family purposes as part of a larger sized parcel. The subdivision would have minimal effect on agriculture or agricultural water use. 6  F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as Urban Residential. The City of Kalispell Growth Policy Plan-It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. City services including sewer, water and streets are in the vicinity and available to the subject property. G. Compliance with Zoning: The request complies with the R-3 zoning regulations. A minimum lot area of 6000 square feet and minimum width of 50 feet are required under the R-3 development standards. The minimum dimensions are met for both lots. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the subdivision contains five or fewer lots; (2) there is no public dedication of streets or public or private parkland; (3) all lots have legal and physical access conforming to the subdivision regulations; (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal water and sewer are adequate and in place; (6) the subdivision complies with the subdivision and current zoning regulations; and (7) no significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-20-02 as findings of fact for the proposed subdivision and approve the final plat for Rhodes City Subdivision. 7 Rhodes PJ Sorensen <psorensen@kalispell.com> Tue 10/13/2020 4:21 PM To: Kari Barnhart <khernandez@kalispell.com>  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor and City Council From: Doug Russell, City Manager Re: Legislative Priorities Meeting Date: October 19, 2020 BACKGROUND: At the work session on October 12, the City Council reviewed a set of legislative priorities to provide guidance for attempts to initiate legislation and to respond to proposed legislation. Adopting these priorities provides a unified platform for members of council and municipal staff to use when addressing our representatives prior to, and during the upcoming legislative session. The set of legislative priorities includes the following: 1) support of a local option sales tax, 2) support for maintaining tax increment financing as an economic development tool, 3) support for streamlining special district legislation, 4) support for legislation that mitigates the economic impact for increasing regulatory standards for municipalities, 5) support for legislation that addresses infrastructure needs associated with rapid growth, 6) support for legislation that provides options to enhance or improve service delivery for the City of Kalispell, 7) support for legislation that provides effective public resource management, and 8) support for legislation that supports and facilitates affordable housing. RECOMMENDATION: It is recommended that City Council move to adopt the presented priorities. ATTACHMENT: 2020 Legislative Priorities  Legislative Priorities Adopted October 19, 2020 The City of Kalispell is supportive of efforts to improve financial options related to all areas of municipal operations where local control and decision-making can be effectively applied. While this list of priorities does not single out any specific proposed bill, in general the City of Kalispell has identified these areas of policy interest. - Local Option Sales Tax: The City of Kalispell supports legislation that provides local communities the option of enacting a voter approved sales tax (or increasing the population limit of the current resort tax) within municipal limits that would provide an opportunity to maintain infrastructure and services for our community that is impacted by a large number of people that do not reside within the City of Kalispell. - Tax Increment Financing: The City of Kalispell supports existing or more expansive legislation that provides municipalities the opportunity to use Tax Increment Districts as part of an effective economic development strategy, and opposes legislation that would limit the effectiveness of the options currently present in state statutes. - Special District Legislation: The City of Kalispell supports legislation enhancing the opportunity for the creation of special districts. The City of Kalispell feels the current requirements place unnecessary financial and procedural burdens on special district creation. - Environmental Quality: The City of Kalispell supports legislation that would mitigate the economic impacts of the unfunded liability caused by increased regulatory standards on municipal operations such as water production, wastewater treatment, solid waste, and storm water management. - Public Infrastructure Assistance: The City of Kalispell supports legislation that assists in all areas of local infrastructure costs associated with growth and development. The City of Kalispell also opposes legislation that decreases or removes current revenue streams. - Public Resource Management: The City of Kalispell supports legislation that provides for the effective use and management of land resources, including management of forest lands, the use of the public right-of-way, and land use regulations associated with development. - Service Delivery- The City of Kalispell supports legislation that enhances the opportunities to for expanding service delivery options throughout all areas of municipal operations, including revising legislation that limits the options available to communities to take advantage of alternative and innovative service delivery methods, rate establishment, and revenue streams. - Affordable Housing: The City of Kalispell supports legislation that provides funding sources and programs that facilitate the development of affordable housing and affordable housing initiatives.