City Council Agenda

CITY COUNCIL MEETING AGENDA November 16, 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_2vHu4BOLRPKK_N2PWKKB6w. 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 – November 2, 2020 2. Ordinance 1850 – Second Reading - Snowline Lane Planned Unit Development This is a request from Hammerquist and Casalegno, LLC for a Commercial PUD Zoning Overlay subject to 16 conditions on approximately 2.6 acres currently zoned B-5 (Industrial-Business) at 145 and 151 Snowline Lane. 3. Ordinance 1851 – Text Amendment – Warming Center – 2nd Reading This item considers a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. 4. Award Bid for City Hall Mezzanine Improvement Project This item would award a bid to Camas Creek Construction in the amount of $141,350 to improve the City Hall mezzanine area. F. COMMITTEE REPORTS G. PUBLIC COMMENT Page 1 of 3  Kalispell City Council Agenda, November 16, 2020 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_2vHu4BOLRPKK_N2PWKKB6w. Please provide your name and address for the record. 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 online meeting. Please provide your name and address for the record. 1. Resolution 6005 – Sale of Lot 48 of Aspen Creek Subdivision This resolution would approve the sale of city owned property at Lot 48 of Aspen Creek Subdivision to Robert Peccia and Associates for $71,212.62. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – November 23, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – December 7, 2020, at 7:00 p.m. – Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Watch regular 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, November 16, 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 November 2, 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 and verbally during the video conference with registration to join the video conference at: https://us02web.zoom.us/webinar/register/WN_bi4-JbYOS_Cdd8F87KSwtQ 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 Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Member - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Staff present in the City Hall Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, and I.T. Director Erika Billiet. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle Waterman: 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 1 of 11  Kalispell City Council Minutes, November 2, 2020 Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. 10-19-20 Council Minutes Motion and Vote to approve the consent agenda as published. 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to publiccomment@kalispell.com or verbally during the video conference. General public comment received to the email publiccomment@kalispell.com between 10-29-20 and 11-04-20 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=135520&dbid=0&repo=Kalispell Dusty Dziza, Public Comment Ms. Dziza stated she is a proponent of the Flathead Warming Center in favor of the zone change and the conditional use permit. Connie Behe, Public Comment Ms. Behe at 1100 Two Mile Drive spoke as the Library Director at ImagineIf Libraries. She relayed the safety precautions that the library has taken regarding COVID-19 prevention. She then explained that the ½ hour per day restriction on guests at the library is causing a big strain for the homeless population who would often spend all day in the library to keep warm prior to restrictions put in place to help prevent the spread of COVID. Joe Unterreiner, Public Comment Mr. Unterreiner, CEO of the Kalispell Chamber of Commerce said his farewells to the Mayor and Council as he is retiring soon after 24 years. He thanked the Council and Mayor for their Page 2 of 11  Kalispell City Council Minutes, November 2, 2020 ongoing support for the business community, and the collaborative relationship working with the Chamber over the years. He spoke regarding some of the milestones that have occurred during his tenure, saying he arrived just as the West Side Tax Increment District was being formed, and the Ball parks were being relocated up to KidSports. He spoke regarding the immense growth of the city since then. He then introduced the incoming Kalispell Chamber CEO Lorraine Clarno. Lorraine Clarno, Public Comment Ms. Clarno spoke regarding how blessed she and her husband feels about moving here to serve the Flathead valley in this new role. She has been experiencing a thorough on-boarding process with the Chamber. She spoke further regarding the past accomplishments of the Chamber and the tremendous opportunities ahead. 07:11:07 PM (00:11:44) Mayor Johnson welcomed Lorraine to the community and thanked Joe Unterreiner for his many years of service to the community. Seeing no further general public comment, Mayor Johnson closed public comment. 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 via the video conference. Ordinance 1850 – Planned Unit Development – Snowline Lane – 1st Reading This is a request from Hammerquist and Casalegno, LLC for a Commercial PUD Zoning Overlay subject to 16 conditions on approximately 2.6 acres currently zoned B-5 (Industrial-Business) at 145 and 151 Snowline Lane. Senior Planner P.J. Sorensen delivered the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Ordinance 1850, an Ordinance to Amend Section 27.02.010, Official Zoning Map, City Of Kalispell Zoning Ordinance, (Ordinance No. 1677), by Attaching a Planned Unit Development Overlay on Certain Real Property Currently Zoned B-5 (Industrial/Business), More Particularly Described As Lots 4 And 5 Of Lost Creek Subdivision, according to the Map or Plat Thereof on File and of Record in the Office of the Clerk and Recorder of Flathead County, Montana, Excepting Therefrom That Portion Of Lot 5 Deeded To MDOT In Bargain And Sale Deed, Recorded July 12, 1999, As Doc. No. 1999-193-08510, Record of Flathead County, Montana, In Accordance With The Kalispell Growth Policy Plan-It 2035, and to Provide An Effective Date. Council Member - Tim Kluesner: 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 Member - Chad Graham: Approve Page 3 of 11  Kalispell City Council Minutes, November 2, 2020 Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. Resolution 6004 –– Meadows Edge Phase 2 & 5 Preliminary Plat This item considers major subdivision preliminary plat approval for 37 residential lots and a mixed-use commercial lot on 13.45 acres located at 1120 Farm to Market Road. Senior Planner P.J. Sorensen delivered the staff report on this item. Council Daoud asked questions of staff about the alleys. 07:24:32 PM (00:25:09) Councilor Hunter asked questions regarding location of garages. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 6004, a resolution conditionally approving the Preliminary Plat of Phases 2 and 5 of Meadows Edge, described as a Tract of Land being a portion of Tract 3 of Certificate of Survey 18892, on file and of record in Flathead County, Montana, located in the Southeast Quarter of the Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member – Sid Daoud: Motion Council Member – Sandy Carlson: 2nd 07:26:09 PM (00:26:46) Councilor Hunter provided discussion on the motion. 07:29:59 PM (00:30:36) Vote on the motion. 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. Ordinance 1851 – Text Amendment – Homeless Shelters – 1st Reading This item considers a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. Page 4 of 11  Kalispell City Council Minutes, November 2, 2020 Senior Planner P.J. Sorensen delivered the staff report on this item. Public Comment Mayor Johnson opened public comment. Public comment received on this item between 10-29-20 and 11-04-20 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=134717&dbid=0&repo=Kalispell Donnell O’Flynn, Public Comment Mr. Flynn, Pastor at Christ Church Episcopal last winter, the location of the Warming Center spoke saying they were excellent tenants leaving the buildings in better condition than when they found them. They were also very affective in reaching out to the local neighborhood, rectifying any situations immediately. He spoke to the community benefits of having 40 homeless people off the streets per night. Reyna Stoken, Public Comment Ms. Stoken at 178 Hidden Waters Lane addressed her support with the Flathead Warming Center. She feels giving people a warm, safe place to stay at night is an emergency. Ms. Mowbray was not able to connect via zoom on her computer. The City Clerk read her the phone number she could use to call in to the meeting. B Bradford Fenshak, Public Comment Ms. Fenshak spoke in support of the Warming Center. Carmine Mowbray, Public Comment Ms. Mowbray was able to connect on the telephone. She owns the building at 771 North Meridian. Ms. Mowbray feels the staff report is not complete pointing to evaluation #3 related to safety. She asked about an Environmental Site Assessment on the building. She then spoke regarding #4 regarding impact to commercial properties, feeling it will have an impact. She feels nearby commercial properties such as hers will be vulnerable to vagrants. Eugene Dziza, Public Comment Mr. Dziza of Big Fork spoke in support of the proposal saying this text amendment makes sense. He asked Council to support this item. Gina Benesh, Public Comment Ms. Benesh of 67 Overlook Ridge is in favor of this text amendment. She then spoke testifying that there are homeless in this area of town and providing them shelter should then improve safety of them and the local businesses. Natasha Ostrem, Public Comment Ms. Ostrem of 10 Brewer Way feels that homeless shelters fit in with the density and the commercial use that this zoning allows. 07:47:13 PM (00:47:50) Page 5 of 11  Kalispell City Council Minutes, November 2, 2020 Motion to approve Ordinance 1851, an ordinance amending the Kalispell Zoning Ordinance 1677, by allowing Homeless Shelters to be Conditionally Permitted in the B-1, Neighborhood Business Zone, and declaring an effective date. Council Member – Kari Gabriel: Motion Council Member – Chad Graham: 2nd 07:47:50 PM (00:48:27) Councilor Daoud provided discussion on the motion. 07:48:29 PM (00:49:06) Councilor Hunter provided discussion on the motion. 07:51:14 PM (00:51:51) Councilor Graham provided discussion on the motion. 07:54:00 PM (00:54:37) Councilor Daoud confirmed information with staff. 07:54:29 PM (00:55:06) Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. Flathead Warming Center Conditional Use Permit This is a request for a permit for a 40 guests per night homeless shelter within the B-1 Zoning District, located at 889 North Meridian Road. City Manager Russell spoke regarding the timeline of this item as it relates to the text amendment. Senior Planner P.J. Sorensen delivered the staff report on this item. 08:00:47 PM (01:01:24) Councilor Graham began questions for staff. 08:01:33 PM (01:02:10) Public Comment Mayor Johnson opened public comment. Public comment received on this item between 10-29-20 and 11-04-20 can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=134717&dbid=0&repo=Kalispell Jane Emmert, Public Comment Page 6 of 11  Kalispell City Council Minutes, November 2, 2020 Ms. Emmert from Whitefish, the Director of the non-profit Assist, an affiliation of Kalispell Regional Hospital spoke to their mission of connecting people to resources in the community. She spoke to her experiences with the homeless and her strong support for the Warming Center. 01:04:55 Tonya Horn, Public Comment Ms. Horn, Executive Director of the Flathead Warming Center spoke regarding the spirit of community, and the work that the community has done to get the center to this point. She talked to the concerns of neighbors and how the Center is and will reach out and be accountable to the neighborhood. Ms. Horn spoke further about why she feels the Warming Center will be a success for the community. 08:09:39 PM (01:10:16) Carmine Mowbray, Public Comment Ms. Mowbray said she wholeheartedly supports the mission of the Warming Center however she has concerns. She spoke further about her and her commercial building tenants concerns with safety, sanitation and loitering issues. She requested Council put in a condition to be able to revoke the conditional use permit if problems arise. B. Bradford Fenchak, Public Comment Ms. Fenchak spoke regarding working for Feeding the Flathead for many years and her work at the Warming Center. Gina Benesh, Public Comment Ms. Benesh at 67 Overlook Ridge spoke regarding the decline in services for the homeless population during the COVID pandemic and to the importance of services being available. She then spoke to her personal experiences being a neighbor to the Warming Center last winter saying they did a spectacular job managing the Center. She then talked regarding her positive experiences volunteering with the Center and asked for the approval of Council for this project. 08:18:57 PM (01:19:34) Luke Heffernan, Public Comment Mr. Heffernan of 185 Hidden Waters Lane said they did get an environmental survey on the building in question. The survey deemed the building adequate. He spoke regarding the need for services for the homeless including during the day. He explained that the options have disappeared due to the COVID pandemic. 08:21:21 PM (01:21:58) Stephen Snipstead, Public Comment Pastor Snipstead of 98 Northern Lights Boulevard is on the Warming Center Board of Directors and is a Pastor at Faith Lutheran Church in the neighborhood. He spoke regarding the skills and abilities of the Board, and the need for this resource in this neighborhood. 08:22:47 PM (01:23:24) Eugene Dziza, Public Comment Mr. Dziza of Bigfork addressed the proposed location speaking to the complexities of finding a good location and how this location fit the need. He then addressed the extent of the volunteers involved in this project. He asked that Council not base their decision on the speculation of what might happen and asked for Council’s support of the project. 08:26:08 PM (01:26:45) Randy Johnson, Public Comment Page 7 of 11  Kalispell City Council Minutes, November 2, 2020 Mr. Johnson of 184 Fairway Boulevard said he and wife were volunteers at the Warming Center last year. They saw firsthand the need and benefit of the Warming Center to people in the community. He asked that Council support this permit. 08:27:06 PM (01:27:43) Motion to approve a request from the Flathead Warming Center for Conditional Use Permit KCU-20-05, a conditional use permit for a homeless shelter with 9 conditions of approval within the B-1 Zoning District, located at 889 North Meridian Road, and more particularly described as Assessors Tracts 5PA, 5PB, and 5BA in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member – Sam Nunnally: Motion Council Member – Ryan Hunter: 2nd 08:28:05 PM (01:28:42) Councilor Nunnally spoke to his motion. 08:31:52 PM (01:32:29) Councilor Graham spoke to the motion. 08:35:48 PM (01:36:25) Councilor Waterman spoke to the motion. 08:36:52 PM (01:37:29) Councilor Carlson spoke to the motion. 08:37:57 PM (01:38:34) Councilor Daoud spoke to the motion. 08:38:31 PM (01:39:08) Amendment to the Main motion to remove condition #8 and advance condition #9 to be thus labeled as #8. Council Member – Sid Daoud: Motion Council Member – Ryan Hunter: 2nd 08:39:41 PM (01:40:18) Councilor Daoud spoke to the amendment. 08:40:59 PM (01:41:36) City Manager Russell spoke to questions posed by Councilor Hunter. 08:41:53 PM (01:42:30) Senior Planner Sorensen explained the staff reasoning behind condition #8. Councilor Hunter provided further discussion on the amendment to the main motion. 08:43:45 PM (01:44:22) Councilor Graham provided discussion. 08:44:37 PM (01:45:14) Mayor Johnson provided discussion on the amendment. Councilor Daoud provided further discussion. 08:47:31 PM (01:48:08) Vote on the amendment to the main motion. Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Page 8 of 11  Kalispell City Council Minutes, November 2, 2020 Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve The amendment to the main motion failed 1 to 8 with Councilor Daoud in favor. 08:47:33 PM (01:48:10) Councilor Gabriel provided discussion on the main motion. 01:51:09 Councilor Kluesner provided discussion on the motion. 08:50:45 PM (01:51:22) Mayor Johnson provided discussion on the motion. 08:54:48 PM (01:55:25) Vote on the motion. Council Member - Sam Nunnally: 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The main motion passed unanimously on roll call vote. Appointment to the Tourism Business Improvement District Board This item would appoint Noelle Barr to the TBID Board. Mayor Johnson appointed Noelle Barr to the Tourism Business Improvement District Board. Motion and Vote to accept Mayor Johnson’s appointment. 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on voice vote. Page 9 of 11  Kalispell City Council Minutes, November 2, 2020 I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Government offices are closed for the election tomorrow, November 3, 2020. • He would encourage everyone to vote in the election. • Nothing is scheduled for the November 9, 2020 work session so the next Council meeting will occur November 16, 2020. 01:57:57 Councilor Nunnally spoke to the work and effort committed by the Warming Center to bring forward the proposals on tonight’s agenda. Councilor Nunnally said a very Happy Birthday to Maverick referring to a local child fighting health issues - Maverick’s Army on Facebook. 08:58:31 PM (01:59:08) Councilor Waterman thanked Joe Unterreiner for a great run as CEO of the Chamber of Commerce. Councilor Waterman spoke regarding his disappointment with the meeting that occurred earlier in the day on the Flathead City-County Health Board. (Councilor Waterman represents the city on the board.) He is frustrated they did not take any steps forward to prevent large events even after recommendations and concerns from the Health Department, Hospital, and schools. He would like to see the Board come together and work on a unified message. Responding to a question from Councilor Kluesner, Councilor Waterman spoke further about his thoughts on the pandemic. 09:01:51 PM (02:02:28) Mayor Johnson reminded everyone of Election Day tomorrow and to drop off their ballot at the Election Department instead of mailing them in. Mayor Johnson spoke to the pandemic and the need for any restrictions to be county wide. He urged everyone to wear their mask, wash your hands frequently, keep 6’ apart and keep gatherings small and properly distanced if you do have an event. He spoke to the capacity of the hospital in Kalispell and the issues with hospitals across the state reaching max capacity. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:06 p.m. ________________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2020 Page 10 of 11  Kalispell City Council Minutes, November 2, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – November 9, 2020, at 7:00 p.m. – Council Chambers Next Regular Meeting – November 16, 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 11 of 11  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 1850 Second Reading – Snowline Lane Planned Unit Development MEETING DATE: November 16, 2020 BACKGROUND: Hammerquist and Casalegno, LLC has submitted a request for a Commercial Planned Unit Development (“PUD”) overlay on two lots containing approximately 2.6 acres of land. The lots are currently vacant and zoned B-5 (Industrial-Business). The property is located at 145 and 151 Snowline Lane and can be described as Lots 4 and 5 of Lost Creek Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom that portion of Lot 5 deeded to MDOT in Bargain and Sale Deed, recorded July 12, 1999, as Doc. No. 1999-193-08510, record of Flathead County, Montana. The Kalispell City Council, at their meeting on November 2, 2020, approved the first reading of Ordinance 1850 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1850, an Ordinance to amend section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by applying a Commercial PUD Zoning Overlay subject to 16 conditions on approximately 2.6 acres of certain real property currently zoned B-5 (Industrial- Business) with a PUD placeholder, and which can be described as Lots 4 and 5 of Lost Creek Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom that portion of Lot 5 deeded to MDOT in Bargain and Sale Deed, recorded July 12, 1999, as Doc. No. 1999-193-08510, record of Flathead County, Montana, in accordance with the Kalispell Growth Policy Plan- It 2035 and provide an effective date. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1850 Link to November 2, 2020 full council materials c: Aimee Brunckhorst, Kalispell City Clerk Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 ORDINANCE NO. 1850 AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1677), BY ATTACHING A PLANNED UNIT DEVELOPMENT OVERLAY ON CERTAIN REAL PROPERTY CURRENTLY ZONED B-5 (INDUSTRIAL/BUSINESS), MORE PARTICULARLY DESCRIBED AS LOTS 4 AND 5 OF LOST CREEK SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, EXCEPTING THEREFROM THAT PORTION OF LOT 5 DEEDED TO MDOT IN BARGAIN AND SALE DEED, RECORDED JULY 12, 1999, AS DOC. NO. 1999-193-08510, RECORD OF FLATHEAD COUNTY, MONTANA, IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN-IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Hammerquist and Casalegno, LLC petitioned the City of Kalispell that a Planned Unit Development overlay be attached to the current B-5 zoning classification on the above described tract of land; and WHEREAS, the property is located at 145 and 151 Snowline Lane; and WHEREAS, the petition of Hammerquist and Casalegno, LLC was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KPUD-20-02, in which the Kalispell Planning Department evaluated the petition and recommended that a Planned Unit Development overlay be attached to the property as described above, pursuant to Kalispell City Code 27.29.020; and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on October 13, 2020, and recommended that a Planned Unit Development overlay be attached to the current City B-5 zoning, pursuant to Kalispell City Code 27.29.030; and WHEREAS, after considering all the evidence submitted on the proposal to attach a Planned Unit Development overlay to the described B-5 zoning, the City Council finds such 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. #KPUD-20-02. 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 B-5, Industrial/Business, with a Planned Unit Development overlay. SECTION 2. The Planned Unit Development proposed by Hammerquist and Casalegno, LLC upon the real property described above is hereby approved, subject to the following conditions: 1. The Planned Unit Development for Snowline Lane includes the following deviation from the Zoning Regulations: (a) Allowed Uses: Kalispell Zoning Ordinance Sec 27.15.030(2), (9), and (13) – Casinos, pre-release centers and private jail facilities, and telecommunication towers/cellular communication towers (including radio, TV, internet, phone and cable providers) are specifically excluded as allowable uses within the PUD. Accessory casinos, as provided for in the zoning ordinance, would be allowed. 2. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the project as approved by the city council. 3. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 4. A view-obscuring fence enclosing the laydown yard shall be installed by the developer. The fence shall be reviewed and approved by the City of Kalispell Architectural Review Committee. 5. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. The planned stormwater facility shall be located in an approved utility lot. 6. Prior to development, the developer shall submit a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The  taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 7. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval. 8. Improvements of Snowline Lane to city collector standards and extension of water and sewer mains are required. The road upgrade and utilities shall extend to the eastern side of the property (Lot 4) from the highway. Under the phasing plan, the proposed laydown yard on Lot 4 could develop without the full improvements; a water main extension will be necessary to the extent required for fire protection. In conjunction with any development of Lot 5 or any other use of Lot 4, the road upgrade and utility extensions shall be required. 9. A waiver of protest to creation of a Special Improvement District (“SID”) for the Snowline Lane improvements and utility extensions are a condition of approval prior to commencement of any use on either lot, including the laydown yard. The SID would only be created, if necessary, in a situation where the City needs to install water main, sewer main, or road improvements in Snowline Lane to serve any development to the east of Lot 4. 10. Any required additional right-of-way necessary for street improvements shall be dedicated to the City of Kalispell. Additionally, the existing fee interest in the right-of-way for Snowline Lane shall be dedicated to the City of Kalispell. 11. In order to align improvements with Ashley Meadows Road across Highway 93, part of the design of the Snowline Lane upgrade may need to include a dedication at the southwest corner of Lot 5 if required by the City of Kalispell. It is anticipated the dedication would only involve an area otherwise part of a landscape buffer required by entrance corridor standards. The dedication, if necessary, would be in conjunction with the improvements of Snowline Lane pursuant to the phasing plan. 12. At the time of development of Lot 5 along the highway, appropriate right-of-way improvements, including, but not necessarily limited to, a bike path and landscaping, would be required along with landscape buffering/improvements on the property to meet entrance corridor standards. 13. 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 of the mains at the time the extensions are to be completed. 14. The Kalispell Fire Department shall review and approve access, placement of fire hydrants and fire flows prior to any development. Any required improvements for fire protection shall be installed pursuant to Fire Department requirements. 15. All utilities shall be installed underground. 16. All areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. SECTION 3. 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 4. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 16TH DAY OF NOVEMBER, 2020. _____________________________________ Mark Johnson ATTEST: Mayor ________________________________ Aimee Brunckhorst, CMC 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: PJ Sorensen, Senior Planner SUBJECT: Ordinance 1851 Second Reading – Zoning Text Amendment – Allow Homeless Shelters as a Conditionally Permitted Use in the B-1 zone MEETING DATE: November 16, 2020 BACKGROUND: The Flathead Warming Center has submitted a request for a zoning text amendment which would allow homeless shelters as a conditionally permitted use in the B-1 (Neighborhood Business) zone. The Kalispell City Council, at their meeting on November 2, 2020, approved the first reading of Ordinance 1851 unanimously. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1851, an ordinance to amend Section 27.12.030 and Appendix B (Table of Uses Allowed By Zone) of the City of Kalispell Zoning Ordinance 1677, by adding homeless shelters as a use which may be permitted by conditional use permit. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1851 Link to November 2, 2020 full materials c: Aimee Brunckhorst, Kalispell City Clerk  ORDINANCE NO. 1851 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ALLOWING HOMELESS SHELTERS TO BE CONDITIONALLY PERMITTED IN THE B-1, NEIGHBORHOOD BUSINESS ZONE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Flathead Warming Center has submitted a written request to amend the Kalispell Zoning Ordinance, by allowing homeless shelters to be a conditionally permitted use in the B-1 zone; and WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning Commission by the Kalispell Planning Department as a recommended text amendment to allow homeless shelters to be conditionally permitted in the B-1, Neighborhood Business, zone after making such evaluation under 27.29.020 of the Kalispell Zoning Ordinance; and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended by allowing homeless shelters to be a conditionally permitted use in the B-1, Neighborhood Business, zone; and WHEREAS, the City Council has reviewed the KPD Report and the transmittal from the Kalispell City Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-20-01 to allow homeless shelters as a conditionally permitted use in the B-1, Neighborhood Business, zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit “A”. SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.  PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF NOVEMBER, 2020. _____________________________________ Mark Johnson ATTEST: Mayor _________________________________ Aimee Brunckhorst, CMC City Clerk EXHIBIT A 27.12.30: Uses Which May Be Permitted By Conditional Use Permit. (1) Auto service station (2) Bars, taverns and clubs (3) Bed and breakfast (4) Community center (5) Day care - center (13 or more). (6) Dwellings - townhouse (3 or more attached units) - multi-family (7) Group home - 8 or fewer persons - 9 or more persons (8) Homeless Shelters (8)(9) Libraries, museums, and similar cultural facilities (9)(10) Microbreweries, wineries, distilleries, and tasting rooms (10)(11) Residential care home or facility (11)(12) Schools - K-12 (private) - post secondary (private) (12)(13) Utilities (primary distribution site) APPENDIX B, TABLE OF USES ALLOWED BY ZONE RA-1 RA-2 REVISED USE R-1 R-2 R-3 R-4 R-5 H-1 B-1 B-2 B-3 B-4 B-5 I-1 I-2 P-1 CATEGORIES Homeless C C C C C C C C C Shelters  Kalispell Building Department (406) 758-7730 P.O. Box 1997, 201 First Avenue East, Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Jeff Clawson, Building Official SUBJECT: Bid Award for City Hall Mezzanine Improvement Project MEETING DATE: November 16, 2020 BACKGROUND: The city advertised an invitation for bids for the furnishing of materials, labor, and equipment required to construct office space, a conference room, install 3 new windows in the south exterior wall, and extend the fire suppression system of the city hall mezzanine area. Three bids were received and opened on November 6, 2020: Camas Creek Construction $141,350.00 Crew General Contracting $145,320.00 Swank Enterprises $188,000.00 RECOMMENDATION: Award the bid to Camas Creek Construction in the amount of $141,350. FISCAL EFFECTS: The $141,350.00 construction cost will be funded out of account number 2394-420-420530-920. ALTERNATIVES: As suggested and approved by City Council. ATTACHMENT: None TO: Doug Russell, City Manager FROM: Susie Turner, P.E., Public Works Director SUBJECT: Approving the Sale of City Property, Lot 48 of Aspen Creek Subdivision, to RPA for Reconciliation of the Excess Property Purchased for the Westside Sewer Interceptor. MEETING DATE: November 16, 2020 BACKGROUND: This fall, the City completed construction of the Westside Sewer Interceptor (WSI), an 8.25-mile-long sewer interceptor along the west side of Kalispell. The WSI will service future growth and development in the west and north areas of Kalispell for a 20 plus year planning horizon. RPA was the City’s Consultant for the project planning, design, property acquisition, and construction management. Design activities commenced in 2014 with a preferred Route Assessment Study to examine and determine potential pipe alignments. Once a preferred route was determined, land negotiations were initiated by RPA on behalf of the City, and properties purchased. Lot 48 is within Aspen Creek Subdivision and shares its southern boundary with a county subdivision. The initial Route Assessment routed the WSI (north to south) within the roadway of the county subdivision to and through Lot 48. Ultimately, easements were not able to be acquired for a complete routing based on the initial assessment. The City therefore altered the routing of the WSI and has no further municipal use for Lot 48. RPA is offering to pay the total cost of $71,212.62, incurred by the City, for Lot 48 and the associated consultant fees. This cost includes $65,227.62 the City paid for the lot as well as $5,985 for the associated consultant fees. Additionally, RPA will pay for all closing costs associated with this property sale. RECOMMENDATION: Staff recommends the City Council pass Resolution 6005, a resolution approving the sale of certain real property commonly known as Lot 48 of Aspen Creek Subdivision according to the plat or map of record in the office of Clerk and Recorder for Flathead County, Montana and previously acquired by the city for the purposes of utility location. ACTION REQUESTED: Motion to approve the passing of Resolution 6005, accepting the offer and approve the sale of Lot 48 of Aspen Creek Subdivision to RPA. FISCAL EFFECTS: The City will receive $71,212.62, for the sale of this property, and reimburse the Sewer System Impact Fees Fund: Revenue Collection 5311-343330. ALTERNATIVES: As suggested by the City Council. ATTACHMENT: Resolution 6005, and Map of Lot 48 Public Works Department, 201 1st Ave E, Kalispell, MT www.Kalispell.com  RESOLUTION NO. 6005 A RESOLUTION APPROVING THE SALE OF CERTAIN REAL PROPERTY COMMONLY KNOWN AS LOT 48 OF ASPEN CREEK SUBDIVISION ACCORDING TO THE PLAT OR MAP OF RECORD IN THE OFFICE OF CLERK AND RECORDER FOR FLATHEAD COUNTY, MONTANA AND PREVIOUSLY ACQUIRED BY THE CITY FOR THE PURPOSES OF UTILITY LOCATION. WHEREAS, the City of Kalispell acquired Lot 48 of Aspen Creek Subdivision of record in the Office of Clerk and Recorder of Flathead County, Montana for the purposes of locating a portion of the West Side Interceptor [WSI] Sewer facilities; and WHEREAS, thereafter it became necessary to change the route of the WSI which then no longer necessitated the City’s ownership of the above described property; and WHEREAS, for the reason that the property purchase was ultimately unnecessary, the City’s consultant for the project, Robert Peccia and Associates, agreed to purchase the above described property from the City for the price the City paid for it plus all consulting fees it paid associated to the purchase for a total sales price of $71,212.62; and WHEREAS, pursuant to MCA §7-8-4201, a 2/3rd vote of the Council is required to approve of the sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the City shall sell Lot 48, Aspen Creek Subdivision, according to the map or plat of record in the Office of the Clerk and Recorder for Flathead County, Montana, to Robert Peccia and Associates, for the total sum of $71,212.62. PASSED AND APPROVED BY THE CITY COUNCIL BY A 2/3RD MARGIN AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF November, 2020. __________________________________ Mark Johnson Mayor ATTEST: ______________________ Aimee Brunckhorst, CMC City Clerk