City Council Agenda

CITY COUNCIL MEETING AGENDA Monday, November 15, 2021, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public can participate in person in the council chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_UWb9RYBQTw6kfdQS-Bvn5g Public comment can also be provided via email to publiccomment@kalispell.com. 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 1, 2021 2. Bid Rejection for Upper Zone Wells Project Staff recommends rejecting the bid received for this project. 3. Acceptance of the Walmart Community Grant for Tactical Medical Kits Staff recommends acceptance of this grant for funding Tactical Medical Kits for Officers to carry in the field. 4. Ordinance 1867 – Second Reading - Samaritan House Zone Change Staff recommends approval of an application from Samaritan House, Inc. for a zone change from P-1 (Public) to B-3 (Core Area Business) on 2.42 acres at 1110 2nd Street West. 5. Ordinance 1868 – Second Reading - Meridian Apartments Phase II Zone Change Staff recommends approval of an application from Meridian Investments, LLC for a zone change from R-4 (Residential) to B-1 (Neighborhood Business) on 1 acre located to the east of 41 Meridian Court. F. COMMITTEE REPORTS Page 1 of 3  Kalispell City Council Agenda, November 15, 2021 G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Public comment can also be provided via email to publiccomment@kalispell.com, or via video conference. 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 during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Resolution 6055 - Begg Subdivision Phase 1 Final Plat Staff recommends approval of a final plat application from Sands Surveying on behalf of Brytech Crossings 1, LLC to create a 6.31-acre lot as part of a multi- family development at 401 Two Mile Drive. 2. Impact Fee Advisory Committee Appointment Staff recommends the Mayoral appointment of Brian Plunkett to the Impact Fee Advisory Committee. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – November 22, 2021, at 7:00 p.m. – Council Chambers City Offices Closed – November 25, 26, 2021 – Thanksgiving Next Regular Meeting – December 6, 2021, 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, November 15, 2021 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 MEETING MINUTES Monday, November 1, 2021, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public was able to participate in person in the council chambers or via videoconferencing. Public comment was also available via email to publiccomment@kalispell.com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present via video conference Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Sid Daoud: Present Council Member - Tim Kluesner: Present Council Member - Ryan Hunter: Present via video conference Staff present in Council Chambers included City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Finance Director Rick Wills, and Police Chief Doug Overman. 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: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Page 1 of 7  Kalispell City Council Minutes, November 1, 2021 Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – October 18, 2021 Motion and Vote to approve the consent agenda. Council Member - Sam Nunnally: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda were asked to do so at this time. Those addressing the council were requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Public comment can also be provided via email to publiccomment@kalispell.com, or via video conference. Mayor Johnson opened general public comment. Seeing none, he closed public comment. Public comments received recently to publiccomment@kalispell.com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. 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 during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Samaritan House Zone Change and Conditional Use Permit a. Ordinance 1867 – First Reading Zone Change Page 2 of 7  Kalispell City Council Minutes, November 1, 2021 b. Conditional Use Permit Staff recommends approval of an application from Samaritan House, Inc. for a conditional use permit and zone change from P-1 (Public) to B-3 (Core Area Business) on 2.42 acres at 1110 2nd Street West. Senior Planner P.J. Sorensen presented the staff report. Public Comment Mayor Johnson opened public comment on this item. Don Reed, Public Comment Mr. Reed, neighbor to the property wants to make sure the fence is secure between their property. Seeing no further public comment, Mayor Johnson closed public comment. 00:11:53 Motion to approve Ordinance 1867, 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 assessors tracts 5DAB and 5DAA in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, previously zoned City P-1 to City B-3, core area business, in accordance with the Kalispell Growth Policy Plan-It 2035, and to provide an effective date. Councilor Daoud provided discussion on the motion. Mayor Johnson confirmed that the fencing of concern to Mr. Reed is a part of the conditions of approval. Vote on the motion. Council Member - Sid Daoud: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. 00:14:26 Motion to approve a request from Samaritan House for Conditional Use Permit KCU-21- 07, a conditional use permit for a homeless shelter with up to 27 sleeping spaces, subject to 17 conditions of approval, located at 1100 Second Street West and more particularly Page 3 of 7  Kalispell City Council Minutes, November 1, 2021 described as Assessors Tract 5DAB in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Council Member – Kyle Waterman: Motion Council Member – Sam Nunnally: 2nd 00:15:32 Councilor Waterman provided discussion in favor of the motion. 00:16:32 Councilor Carlson provided discussion thanking Chris Krager with Samaritan House for his leadership within the community. This thank you was echoed by the remainder of the Council members providing discussion. 00:16:47 Councilor Graham provided discussion in favor of the motion. 00:18:19 Councilor Daoud provided discussion in favor of the motion. 00:19:08 Councilor Hunter provided discussion in favor of the motion. 00:20:17 Mayor Johnson provided discussion in favor of the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. 2. Meridian Apartments Phase II Zone Change and Conditional Use Permit a. Ordinance 1868 – First Reading b. Conditional Use Permit Staff recommends approval of an application from Meridian Investments, LLC for a conditional use permit and zone change from R-4 (Residential) to B-1 (Neighborhood Business) on 1 acre located to the east of 41 Meridian Court. Senior Planner P.J. Sorensen presented the staff report. 00:25:36 Councilor Hunter asked questions regarding the alleyway connection. Public Comment Mayor Johnson opened public comment on this item. Doug Peppmeier, Public Comment Mr. Peppmeier with TDH Engineering presented himself to Council on behalf of the applicant in the event of questions from Council. Page 4 of 7  Kalispell City Council Minutes, November 1, 2021 Seeing no further public comment, Mayor Johnson closed public comment. 00:28:09 Motion and Vote to approve the first reading of Ordinance 1868, 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 Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana previously zoned City R-4 to City B-1 (Neighborhood Business) in accordance with the Kalispell Growth Policy Plan – IT 2035, and to provide an effective date. Council Chair - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. 00:29:52 Motion to approve a request from Meridian Investments, LLC for conditional use permit KCU-21-08, a conditional use permit for a multi-family dwelling with up to 36 units, subject to 16 conditions of approval, located on property described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file in the office of the Clerk and Recorder of Flathead County, MT. Council Member – Tim Kluesner: Motion Council Member – Chad Graham: 2nd 00:30:44 Councilor Graham provided discussion in favor of the motion. Councilor Waterman provided discussion in favor of the motion. Vote on the motion. Council Member - Tim Kluesner: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Approve Council Member - Tim Kluesner: Approve Page 5 of 7  Kalispell City Council Minutes, November 1, 2021 Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. 3. Low-Income Home Water Assistance Program Staff recommends approval of an agreement with the Montana Department of Public Health and Human Services [MT DPHHS] in which certain eligible city water account customers may apply to MT DPHHS for financial assistance with their water bills and for which the City would directly receive and account for such funding. City Attorney Charlie Harball provided the staff presentation on this item. 00:33:59 Councilor Nunnally asked questions related to the start date. 00:34:12 Councilor Waterman asked questions related to administration. Councilor Graham asked questions regarding how this will show on the budget. 00:36:26 Councilor Daoud asked questions related to where the funds are originating from. Public Comment Mayor Johnson opened public comment. Luke Rummage, Public Comment Mr. Rummage spoke in support of this item saying he feels this program is important to the people that need it. Seeing no further comments, Mayor Johnson closed public comment. 00:39:00 Motion to approve the contract with the Montana Department of Public Health and Human Services. The contract is for a period of October 1, 2021 through September 30, 2023 and will allow the city of Kalispell to receive direct payments from the Montana DPHHS to be applied to eligible household accounts. Council Member – Kyle Waterman: Motion Council Member – Sam Nunnally: 2nd 00:39:45 Councilor Waterman provided discussion in favor of the motion. 00:40:12 Councilor Hunter provided discussion in favor of the motion. 00:41:18 Councilor Daoud provided discussion in opposition to the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Page 6 of 7  Kalispell City Council Minutes, November 1, 2021 Council Chair - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Sid Daoud: Disapprove Council Member - Tim Kluesner: Approve Council Member - Ryan Hunter: Approve The motion passed with Councilor Daoud opposed. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) 00:43:50 Councilor Waterman said he will not be in attendance at the next meeting. He is however in favor of the training on the agenda. He spoke regarding his experiences on the Council and urged people to vote. 00:45:03 Councilor Daoud spoke regarding his views on the recent Washington Post article about Kalispell. He then encouraged everyone to vote during tomorrow’s election. 00:46:49 Mayor Johnson announced he has joined the Food Bank Board. Mayor Johnson spoke regarding inflation within the economy. 00:49:51 Mayor Johnson encouraged everyone to go vote in tomorrow’s municipal election. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:48 p.m. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – November 8, 2021, at 7:00 p.m. – Council Chambers City Offices Closed – November 11, 2021 – Veterans Day Next Regular Meeting – November 15, 2021, 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  MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, PE, Director of Public Works Re: Upper Zone Wells Project Meeting Date: November 15, 2021 BACKGROUND: The City of Kalispell has received sealed unit price bids for the Upper Zone Wells Project. The project is the first phase for completion of new well and pump facilities to provide source water for the Public Water Supply. The construction includes well drilling, casing and screen installation, and aquifer testing for water rights application. Bids were received and opened on November 4, 2021, at 2:00 PM. One responsive bid was received from a regional contractor: Contractor: Total Bid Price O'Keefe Drilling $578,250.00 Engineer’s Estimate $371,525.00 The contractor’s cost to complete the project exceeds the engineers cost estimate by $206,725.00. The contractor’s bid includes some uncertainty (costs) in response to the drilling and pumping specifications, access, scheduling conflicts, and the short start and completion timeline. Considering the submittal of one bid, which is over the engineers estimate and the consultant’s review with bid plan holders, Public Works recommends re-bidding the project taking into consideration the above listed items. REQUESTED ACTION: Motion to reject bids received for the Upper Zone Wells Project. FISCAL EFFECTS: None at this time. The total Wells Project construction cost will be funded by the Water Operations Fund (5210-447-430550-954), which has a current balance of $853,600. ALTERNATIVES: As suggested and approved by the City Council. ATTACHMENTS: Bid Analysis. 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com  Bid Analysis Kalispell Upper Zone Wells Project (#8054074) Owner: Kalispell MT, City of Solicitor: Robert Peccia & Associates 11/04/2021 02:00 PM MDT Engineer Estimate O'Keefe Drilling Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Bid Sheet $371,525.00 $578,250.00 1 Mobilization, Bonding and Submittals (5% Max) LS 1 $17,300.00 $17,300.00 $27,500.00 $27,500.00 2.1 Provide Access Route, Well Drilling Pad and Mud Pit (Lot 2) LS 1 $8,000.00 $8,000.00 $38,000.00 $38,000.00 2.2 Provide, Install, Grout and Remove Surface Casing - 12? OD Steel (Lot 2) Ln Ft 55 $180.00 $9,900.00 $135.00 $7,425.00 2.3 Provide and Install Well Casing- 8? OD Steel (Lot 2) Ln Ft 700 $70.00 $49,000.00 $102.75 $71,925.00 2.4 Provide and Install Telescoping SS Wire Wrapped Well Screen w/K-packer - 8? Stainless Steel (Lot 2) Ln Ft 30 $180.00 $5,400.00 $390.00 $11,700.00 2.5 Perform Well Development- 500 gpm (Lot 2) HR 40 $425.00 $17,000.00 $425.00 $17,000.00 2.6 Conduct Pump Testing - 500 gpm (includes rental of generator and pump) (Lot 2) LS 1 $25,000.00 $25,000.00 $55,000.00 $55,000.00 2.7 Perform Plumbness and Alignment Test (Lot 2) LS 1 $2,500.00 $2,500.00 $3,000.00 $3,000.00 2.8 Well Disinfection and Provide and Install Vented Water-Tight Well Cap ? 8? (Lot 2) LS 1 $2,500.00 $2,500.00 $5,200.00 $5,200.00 2.9 Well Video Inspection (Lot 2) LS 1 $2,500.00 $2,500.00 $1,500.00 $1,500.00 3.1 Provide Access Route, Well Drilling Pad and Mud Pit (Lot 3) LS 1 $3,000.00 $3,000.00 $38,000.00 $38,000.00 3.2 Provide, Install, Grout and Remove Surface Casing - 20? OD Steel (Lot 3) Ln Ft 55 $275.00 $15,125.00 $540.00 $29,700.00 3.3 Provide and Install Well Casing- 16? OD Steel (Lot 3) Ln Ft 450 $300.00 $135,000.00 $245.00 $110,250.00 3.4 Provide and Install Telescoping SS Wire Wrapped Well Screen w/K packer - 16? Stainless Steel (Lot 3) Ln Ft 30 $360.00 $10,800.00 $505.00 $15,150.00 3.5 Perform Well Development ? 1,800 gpm (Lot 3) HR 40 $425.00 $17,000.00 $425.00 $17,000.00 3.6 Conduct Pump Testing ? 1,800 gpm (includes rental of generator and pump) (Lot 3) LS 1 $43,000.00 $43,000.00 $120,000.00 $120,000.00 3.7 Perform Plumbness and Alignment Test (Lot 3) LS 1 $2,500.00 $2,500.00 $3,000.00 $3,000.00 3.8 Well Disinfection and Provide and Install Vented Water-Tight Well Cap- 16? (Lot 3) LS 1 $3,500.00 $3,500.00 $5,400.00 $5,400.00 3.9 Well Video Inspection (Lot 3) LS 1 $2,500.00 $2,500.00 $1,500.00 $1,500.00 Base Bid Total: $371,525.00 $578,250.00  POLICE DEPARTMENT 312 1 Ave East – PO Box 1997 – Kalispell, MT 59903 st ‘Striving to Exceed Expectations’ REPORT: Doug Russell, City Manager FROM: Doug Overman, Chief of Police SUBJECT: Acceptance of the Walmart Community Grant MEETING DATE: November 15, 2021 BACKGROUND: On October 26, 2021, the Kalispell Police Department submitted an application to Walmart through their Community Grant Program for funding for Tactical Medical (Tac Med) Kits for officers to carry in the field. Patrol officers carry AEDs and a very basic first aid kit. Since they are most often the first on scene at traumatic incidents, officers have been receiving more training on tools and techniques to help start lifesaving measures for traumatic injuries. We do not currently have kits for all patrol officers. The grant is for $5000 and would allow us to outfit every patrol officer with a Tac Med Kit. RECOMMENDATION: Accept the Walmart Community Grant FISCAL EFFECTS: None ALTERNATIVES: Decline the grant. DOUG OVERMAN, CHIEF OF POLICE  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 1867 – Samaritan House Zone Change (Second Reading) MEETING DATE: November 15, 2021 BACKGROUND: Samaritan House, Inc. has submitted an application for a zone change on approximately 2.42 acres of land at 1110 2nd Street West. The proposed zone change would also apply to a tract of land at the northeast corner of the intersection of South Meridian Road and 2nd Street West, which is owned by the City of Kalispell and contains approximately 0.1 acres. The existing zoning on the properties is P-1 (Public) and the proposed zoning is B-3 (Core Area Business). The property is located at 1100 2nd Street West and can be described as Assessors Tracts 5DAB (Samaritan House) and 5DAA (City of Kalispell) in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council, at their meeting on November 1, 2021, approved the first reading of Ordinance 1867 unanimously, along with the accompanying conditional use permit for a homeless shelter. RECOMMENDATION: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1867, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property described as Assessors Tracts 5DAB and 5DAA in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, previously zoned P-1 to B-3 (Core Area Business) 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 1867 The following items are linked from the November 1, 2021, Council Materials: October 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Public Comment c: Aimee Brunckhorst, Kalispell City Clerk  ORDINANCE NO. 1867 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 ASSESSORS TRACTS 5DAB AND 5DAA IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY P-1) TO CITY B-3 (CORE AREA BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Samaritan House, Inc., the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above-described tract of land be zoned B-3 on approximately 2.42 acres of land; and WHEREAS, the property is located at 1100 2nd Street West; and WHEREAS, Samaritan House’s petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-21-02, dated October 6, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-3, Core Area Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-3, Core Area Business, 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. KZC-21-02. 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-3, Core Area Business, on approximately 2.42 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 15TH DAY OF NOVEMBER, 2021. ______________________________________ 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 1868 – Meridian Apartments Phase 2 Zone Change (Second Reading) MEETING DATE: November 15, 2021 BACKGROUND: Meridian Investments, LLC, has submitted an application for a zone change on approximately 1.0 acres of land located to the east of 41 Meridian Court. The property is currently zoned R-4 (Residential), and the proposed zone change would be to B-1 (Neighborhood Business). The zone change would allow multi-family dwellings as a conditionally permitted use on the property. The property is located east of 41 Meridian Court and can be described as Lots 13A, 14A, and 15A of Bergman Tracts, 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 November 1, 2021, approved the first reading of Ordinance 1868 unanimously, along with the accompanying conditional use permit for a multi-family residential use. RECOMMENDATIONS: ZONE CHANGE: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1868, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by rezoning certain real property described as Lots 13A, 14A, and 15A of Bergman Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, from R-4 (Residential) to B-1 (Neighborhood Business) 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 1868 The following items are linked from the November 1, 2021, Council Materials: October 12, 2021, Kalispell Planning Board Minutes Staff Report Application Materials & Maps c: Aimee Brunckhorst, Kalispell City Clerk  ORDINANCE NO. 1868 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 LOTS 13A, 14A, AND 15A OF BERGMAN TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (PREVIOUSLY ZONED CITY R-4) TO CITY B-1 (NEIGHBORHOOD BUSINESS), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY PLAN – IT 2035, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Meridian Investments, LLC, the owner of the property described above, petitioned the City of Kalispell that the zoning classification attached to the above-described tract of land be zoned B-1 on approximately 1.0 acre of land; and WHEREAS, the property is located at 41 Meridian Court; and WHEREAS, Meridian Investments’ petition was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-21-03, dated October 6, 2021, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned B-1, Neighborhood Business, as requested by the petition; and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described B-1, Neighborhood Business, 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. KZC-21-03. 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 B-1, Neighborhood Business, on approximately 1.0 acre 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 15TH DAY OF NOVEMBER, 2021. ______________________________________ 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: KWP21-01 - Final Plat request for Begg Subdivision, Phase 1 MEETING DATE: November 15, 2021 BACKGROUND: Our office has received a request from Sands Surveying on behalf of Brytech Crossings 1, LLC for final plat of Phase 1 of Begg Subdivision, creating one 6.31-acre lot as part of a multi-family development. It is the first phase of a four-lot subdivision that comprises a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, 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-21-01. The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. RECOMMENDATION: It is recommended that the Kalispell City Council approve Resolution 6055, a resolution approving the final plat for Begg Subdivision Phase 1, described as Tract 1 of Certificate of Survey 21530 in the southwest quarter of the northeast quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Resolution 6055 Final plat compliance letter Staff report KWP-21-01 Application Materials c: Aimee Brunckhorst, Kalispell City Clerk  RESOLUTION NO. 6055 A RESOLUTION APPROVING THE FINAL PLAT FOR BEGG SUBDIVISION PHASE 1, DESCRIBED AS TRACT 1 OF CERTIFICATE OF SURVEY 21530 IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Sands Surveying, on behalf of Brytech Crossings 1, LLC, 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 November 13, 2019 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 ten (10) conditions, all of which have been met; and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (#KWP-21-01) 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-21-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Sands Surveying, on behalf of Brytech Crossings 1, LLC, the owners of the certain real property described as Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Begg Subdivision Phase 1 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 15TH DAY OF NOVEMBER, 2021. _________________________________ 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 November 5, 2021 Doug Russell, City Manager City of Kalispell 201 1st Avenue East Kalispell, MT 59901 Re: KWP-21-01 - Final Plat for Begg Subdivision, Phase 1 Dear Doug: Our office has received a request from Sands Surveying on behalf of Brytech Crossings 1, LLC for final plat of Phase 1 of Begg Subdivision, creating one 6.31-acre lot as part of a multi-family development. It is the first phase of a four-lot subdivision that comprises a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. The preliminary plat was waived on November 13, 2019, 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-21-01. The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, 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 preliminary plat. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. Staff Response: This condition has been met. It has been submitted for approval prior to the expiration of the preliminary plat waiver. 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 has been met. The applicant submitted approvals from DEQ dated June 26, 2020, as well as design approval from the City of Kalispell dated March 6, 2020. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. Staff Response: This condition has been met. The work has been completed. Letters from the Public Works Department dated October 26, 2021, and from the Parks Department dated October 27, 2021, are attached accepting the improvements. 5) 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 has been met. The letter from Public Works dated October 26, 2021, accepted the improvements. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. Staff Response: This condition does not apply to Phase 1 of the subdivision. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The applicant submitted a letter from the Public Works Department dated September 17, 2021, which approved the location of the easmeents. 8) The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." _____________________ Developer's Signature  Staff Response: This condition has been met. The note appears on the final plat. 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. Staff Response: This condition has been met. The property line was placed to account for required setbacks. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Staff Response: This condition has been met. The note was placed on the final plat. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on November 13, 2019. 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 a consent to plat was submitted with the application. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance RA-2 Zoning designation, which governs the dimensional requirements of the lots within the subdivision as well as the uses. In addition, it meets the conditions of the related conditional use permit issued for the development on March 5, 2018. 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 Begg Subdivision, Phase 1. Attachments: - Staff Report KWP-21-01 - 2 Mylars of final plat - Copy of final plat - Applicant responses and application dated 10/26/21 - Waiver of Preliminary Plat dated 11/13/19 - DEQ approval letter dated 6/26/20 - City of Kalispell Public Works engineering design approval letter dated 3/6/20 - City of Kalispell Public Works infrastructure acceptance letter dated 10/26/21 - City of Kalispell Public Works easement acceptance letter dated 9/17/21 - City of Kalispell Parks landscaping letter dated 10/27/21 - Fidelity National Title Report FT1585-213156 dated 7/14/20 - Consent to Platting from First Interstate Bank dated 9/16/21 - Tax Certification dated 7/28/21 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk  BEGG SUBDIVISION (A/K/A CROSSINGS AT TWO MILE/LANDINGS AT TWO MILE) REQUEST FOR FINAL PLAT STAFF REPORT #KWP-21-01 KALISPELL PLANNING DEPARTMENT NOVEMBER 10, 2021 This is a report to the Kalispell City Council detailing findings of fact for a four-lot residential/apartment subdivision. Preliminary plat approval for this minor subdivision was waived on November 13, 2019, with 10 conditions of approval. BACKGROUND INFORMATION Brytech Crossing 1, LLC, has submitted an application for final plat based on a waiver of preliminary plat for a four-lot subdivision. The subdivision is part of the financing for a 324-unit apartment complex which received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. As a waiver of preliminary plat, the request proceeds to City Council at the time of final plat along with a supporting staff report. A: Applicant: Brytech Crossing 1, LLC 9708 N. Nevada St, Ste 1 Spokane, WA 99218 B: Location: The property is located at 401 Two Mile Drive and can be described at Tract 1 of Certificate of Survey 21530 in the Southwest Quarter of the Northeast Quarter of Section 12, Township 28 North, Range 22 West, P.M.,M., City of Kalispell, Flathead County, Montana. 1 C: Existing Land Use and Zoning: The subject property is currently under development with an apartment complex. The first of three phases is being completed with the second phase to start in the near future. The zoning of the property is RA-2 (Residential Apartment/Office), which is “a district to provide areas for residential development including multi-family housing and compatible non-residential uses of high land use intensity. This district would typically serve as a buffer zone between other commercial districts and adjacent residential areas. The location of this district depends on proximity to major streets, arterials, and business districts. This district shall be located within or adjacent to business corridors, shopping islands or the Central Business District. This zoning district would typically be found in areas designated as urban mixed use, high density residential and commercial on the Kalispell Growth Policy Future Land Use Map.” D. Size: The subject property is approximately 15.0 acres, including a 0.03 acre utility lot owned by the City. E: Adjacent Zoning: North: City RA-1 East: City RA-1/R-4 South: City RA-1 West: County R-1 F: Adjacent Land Uses: North: Multi-family residential East: Single-family and townhome residential South: Multi-family residential West: Undeveloped/large-tract single-family residential 2 G: General Land Use Character: The area is primarily a residential area with established single-family, townhome, and multi-family developments on three sides. The area begins to transition to the west of the property into single-family urban development on the south side of Two Mile and mostly undeveloped land on the north side of Two Mile. About ¼ mile to the west is the Highway 93 Bypass, although there is no access to the bypass from Two Mile. 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. The subdivision will require an extension of existing water and sewer services to serve the remaining phases. 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 Peterson/Glacier High School Fire: City of Kalispell Police: City of Kalispell 3  REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT This report is based on a request for final plat for Phase 1 of the Begg Subdivision, which is a four-lot subdivision that received a waiver of preliminary plat in November of 2019. The 324- unit apartment complex being developed on the property received a conditional use permit in March of 2018. The project was broken into three phases which generally follow the proposed lot lines. The first phase is nearly complete, and the developer is preparing to begin phase two. The original site plan and phasing is shown below, as well as the proposed final plat. 4 5 A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. Buildings within the subdivision are and will be constructed in accordance with the International Fire Code and have access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants are and will be required to be placed in compliance with the requirements of the Uniform Fire Code and approved by the Fire Chief. Flooding: A portion of the subject property was located within the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C1805J, effective date November 4, 2015). The developer received a floodplain development permit for placement of fill and went through the Letter of Map Revision based on Fill (“LOMR-F”) process with FEMA, which removed the property from the special flood hazard area. FEMA approved the removal in February 2020. Access: The development will have three access points. The primary access will be from Two Mile Drive. Teton Street will also be extended through the property from east to west, providing access from the existing Teton Street as well as a connection to any potential future development to the west. A Traffic Impact Study (“TIS”) was completed in accordance with the CUP. The recommendations in the TIS will be complied with prior to the issuance of a building permit for each phase. 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. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat with slopes near the perimeter that are a result of the fill placed on the property in conjunction with the floodplain work (LOMR-F). There are not any topographic or slopes that would impact this development. A Geotech report was prepared for the property as part of the building permit submittal. No significant issues impacting development were noted. The recommendations in the report should be followed as the site is developed. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. Since the floodplain has been addressed, no other surface water creates concerns regarding this development. Drainage: Curbs and gutters has/will be installed and a storm management plan has been developed to address the runoff from the site. The project includes an on-site stormwater system. The system requires a maintenance plan and a waiver of right to protest the creation of a Special Improvement District (“SID”) for stormwater maintenance should 6  be included on the final plat as part of those maintenance provisions. The SID would only be implemented in the event that stormwater facilities are not maintained in a manner consistent with the approved drainage plan. Also, the developer is required to submit for to the Kalispell Public Works Department an erosion/sediment control plan for review and approval per requirements of the city’s Municipal Separate Storm Sewer System permit with the State of Montana. These plans provide for managing storm water on the site and include stabilizing the construction site through an approved revegetation plan after site grading is completed. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell from an existing water main that the developer would extend throughout the subdivision. The water system for the subdivision was reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction and the Fire Code. There is adequate capacity within the city’s water system to accommodate this development. Water rights associated with the property shall be transferred to the City of Kalispell along with the final plat of the next phase. Sewer: Sewer service will be provided by the City of Kalispell with an extension of existing sanitary sewer mains that the developer would extend into the subdivision. The new extension includes a lift station included within a utility lot that is part of Phase 1. The sewer system for the subdivision was reviewed and approved by the Kalispell Public Works Department as part of the development of the subdivision for compliance with the City of Kalispell Standards for Design and Construction. There is adequate capacity within the city’s sewer system to accommodate this development. Access and Roads: The property is accessed by Two Mile Drive and Teton Street. The frontage of Two Mile was improved to urban standards as part of Phase 1 and Teton Street will be extended with Phase 2. Schools: The property is within the boundaries of School District #5 (Peterson and Glacier High School). On average, based on 324 units, it would be anticipated that there would be about 162 students 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. As part of the review of the engineering plans for the subdivision, fire 7  protection, including access, fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.1 miles away providing good response time. Parks and Recreation: For multi-family developments, the zoning ordinance requires a minimum of 500 square feet of land or the equivalent value in improvements providing recreational benefit to the residents. Phase 1 includes a clubhouse in addition to outdoor park areas and provides the required recreational amenities. Recreational amenities for each phase will be reviewed as part of the building permit and site review process. 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 approximately 0.9 miles from the site. E. Effects on Agriculture and agricultural water user facilities: This property under development as multi-family housing. The NRCS classification from 2007 shows the property as prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan-It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy – Encourage urban growth only on agriculture lands entirely within the city’s annexation policy boundary. By providing a growth area boundary, the city can encourage the extension of city water and sewer service, as well as other city services, which enables more growth to come into the City of Kalispell with higher density. By allowing higher density development within the city’s growth policy area, it could reasonably be expected that more farmlands could be conserved due to the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. In this particular case, the land is already located within the city limits and partially developed. 8  F: Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map designates the subject property as High Density Residential. Areas designated as High Density Residential are served by urban infrastructure and services and are generally developed at densities of 20 to 40 dwelling units per acre, with a mix of uses including multi- family developments. The overall density is about 21.6 units per acre and does not exceed the density limits of the land use designation. The proposed subdivision can be found to be in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: The request complies with the RA-2 zoning regulations, including minimum lot size and width requirements. Minimum lot size in the zone is 6000 square feet plus 1500 square feet per unit. Phase 1 contains 108 units, which would be a minimum lot size of 3.79 acres. The lot size is 6.31 acres, well over the minimum size required. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KWP-21-01 as findings of fact for the proposed subdivision and approve the final plat for Begg Subdivision, Phase 1. 9  Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning November 13, 2019 Sands Surveying ATTN: Eric Mulcahy 2 Village Loop Kalispell, MT 59901 Re: Waiver of Preliminary Plat Approval – Crossings at Springcreek Dear Eric: This letter is in response to your request for waiver of preliminary plat for a four lot minor subdivision. The subdivision will subdivide a 15-acre lot into four lots ranging from .75 and 6.4-acres in size. The property to be subdivided is zoned RA-2 (Residential Apartment/Office). The property is generally located at the 500 Block on the north side of Two Mile Drive and immediately west of Glacier Street, Yellowstone Street and Teton Street. The subject property can be legally described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided under Section 28.2.08 of the Kalispell Subdivision Regulations. Specifically, it meets the following criteria if the applicants agree to these terms: (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. Due to the relatively minor impacts that this subdivision poses, and the fact that the impacts associated with the development were addressed through approval of conditional use permit (KCU-17-10), this office grants preliminary plat approval subject to the following conditions: Prior to final plat 1) That the final plat is in substantial compliance with the preliminary plat that was waived. 2) This waiver of preliminary plat approval is valid for three years and will expire on November 14, 2022. 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. 4) Two Mile Drive adjacent to the subdivision shall be upgraded to an urban standard in accordance with the City of Kalispell Construction and Design Standards prior to final plat of Phase 1. Upgrades include curb and gutter, sidewalk, street trees and boulevard. 5) 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. 6) Prior to final plat of Lots 2-4, Teton Street shall be constructed in accordance with KCU-17-10. 7) All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 8) The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." _____________________ Developer's Signature 9) The proposed Lot lines shall meet the required setbacks from the proposed apartment buildings. 10) The City of Kalispell shall verify that parking and stormwater requirements are met prior to individual lots being sold. A note shall be placed on final plat stating such. Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute approval of the site plan for the proposed lot. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter, please contact me. Sincerely, Tom Jentz Director March 6th, 2020 Ryan Andrade, PE Project Engineer Whipple Consulting Engineers 21 South Pine Road Spokane Valle, WA 99206 Re: Crossings at Spring Creek Conditional Engineering Approval Dear Mr. Andrade, The drawings submitted on March 3rd, 2020 for the above project are hereby approved contingent on the following items:  The owner must sign and return the waiver of right to protest an SID for stormwater maintenance if the owner does not maintain the property or reconstruction of failed stormwater facilities.  The owner must sign and return the agreement to retain a professional engineer to witness and verify construction is in compliance with the approved design and City Standards (see Appendix J of the City Standards).  The property owner adjacent to the utility lot in the development is responsible for maintaining the grass and/or landscape area on the city utility lot that is not fenced in. The following deviations are hereby approved only for this project. Several Site and project specific factors were taken into account with this project. The same deviation requests may not be approved on future projects:  The request to deviate form 7.1.5G.I.a to allow the water quality unit to be located downstream of underground detention facilities.  The request to deviate from 7.1.5G.VI.a.i.A to not require a 2 foot sump at all access ports. Five reviews were done at a cost of $180 each. Please submit the review fee of $900 to the City of Kalispell Building Department with the other building permit fees. 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 –Phone (406)758-7720 – Fax (406)758-7831 www.kalispell.com Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. Please contact Mark Crowley at (406)249-2485 to set up a pre-construction meeting prior to beginning construction. A Right-of-Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Patrick Jentz, PE Engineer 2 cc: Emily Gillespie, PE – MDEQ Keith Haskins, PE – City Engineer Mark Crowley, – Construction Manager 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 –Phone (406)758-7720 – Fax (406)758-7831 www.kalispell.com  Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 October 27, 2021 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Crossings a Spring Creek Dear PJ: This letter is to serve as approval on the landscaping within the boulevard along 2 Mile Drive for the Crossings at Spring Creek, per plans submitted by Whipple Consulting Engineers dated January 20, 2020. Tree plantings are required to maintain a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. It should be noted that the trees and landscaping are under a 2- warranty period, and should they die within this time frame, the developer/owner will be responsible for replacement. If you have any concerns or questions, please give me a call. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation  City Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager MEETING DATE: November 15, 2021 SUBJECT: Impact Fee Advisory Committee Appointments BACKGROUND: The purpose of the Impact Fee Advisory Committee is to review and monitor the process of calculating, assessing, and spending impact fees and shall make recommendations to City Council. The Impact Fee Committee shall consist of a maximum of seven members. Members must be either property owners, residents, or actively engaged in business or employment within the Kalispell city limits. The Committee currently has three vacancies and one applicant. RECOMMENDATION: Mayor Johnson appoint Brian Plunkett to the Impact Fee Advisory Committee for a term expiring April 30, 2024, followed by a motion from Council confirming approval of the appointment. ATTACHMENTS: Brian Plunkett Application  SAVE TO YOUR COMPUTER PRIOR TO FILLING OUT CITY OF KALISPELL APPLICATION FOR ADVISORY BOARDS, COMMITTEES & COMMISSIONS BOARD, COMMITTEE, COMMISSION APPLYING FOR: Impact Fee Committee NAME: Brian Plunkett STREET ADDRESS: 211 Garland St. CITY: Kalispell CONTACT PHONE #: 406250416 E-MAIL: b.plunkett@flathead.coop PLEASE PROVIDE THE FOLLOWING INFORMATION (attach a separate sheet if necessary) Current Occupation: Engineering Manager Current Employer: Flathead Electric Cooperative Organization(s) of which you are currently a board member: N/A Why are you interested in serving this board, committee, or commission: Growth in Kalispell is inevitable. I believe it’s imperative to the community to assess the impact of growth and neutralize the capital impact on existing infrastructure. Detail any education, knowledge, or experience you have which would be beneficial to this board, committee or commission: I have a Bachelors Degree in Electrical and Electronic Engineering Technology and am currently licensed as a Profession Engineer in the state of Montana. I have twenty two years’ of experience in the electric utility industry with a strong background in system planning, capital/expense budget oversight, and administrative policy procurement. 1024/2021 DATE: __________________________ SIGNATURE: _______________________________________ ** Please return your completed application to the Kalispell City Clerk, P.O. Box 1997, Kalispell, MT 59903. Applications may also be sent by email to cityclerk@kalispell.com, or submitted in person at 201 1st Avenue East. Auto Email to City Clerk