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06-15-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES June 15, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Karl Gabriel: Present via video teleconferencing Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Member - Chad Graham: Present Council Member - Kvle Waterman: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst (via video teleconferencing), Planning, Building and Community Development Director Jarod Nygren, Senior Planner P.J. Sorensen, Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to move item H. Public Comment directly following the Action Items. Council Member - Sid Daoud: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Karl 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 1 of 12 Kalispell City Council Minutes, June 15, 2020 E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. Council Minutes — June 1, 2020 a UX 2. Ordinance 1842 — Second Reading — Vander Ark Zoning a This ordinance would provide initial zoning of R-3 (Residential) at 155 Three Mile Drive. 3. Award Bid for 2020 Inflow and Infiltration Mitigation Project to Planned v Engineering Construction, Inc. in the amount of $228,500 a This item would award the base bid and all additive alternatives to rehabilitate approximately 4,180 linear feet of existing sanitary sewer main. 4. Award Professional Services Agreement with Robert Peccia & Associates and HDR Engineering for the Water System Tank and Well Project -: a This item would allow the City to enter into an agreement for professional engineering services for a new well facility, transmission main and water tower. Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to aaprove the consent agenda as submitted. 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 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. F. COMMITTEE REPORTS — None. ME G. PUBLIC HEARING — Colton Lee Communities Growth Policy Amendment a Council will accept public comment regarding whether Council should adopt, adopt with revisions, or reject a proposed growth policy amendment request from Colton Lee Communities for a 3.27-acre parcel located at 216 Hutton Ranch Road. Mayor Johnson opened the public hearing and asked for public comment. Page 2 of 12 Kalispell City Council Minutes, June 15, 2020 07:03:51 PM (00:04:30) Rory Young, Public Comment Rory Young with Jackola Engineering and Architecture presented himself for council questions on behalf of the applicant. Seeing no further comments, Mayor Johnson closed the public hearing. U. PUBLIC !''l11ViAiiENT (This item moved by motion to after the action items.) at this time. Those addressing the eouneil are r-equested to give their- name and address the r-eeor-d. Please see the last page of the agenda for- the proper- manner- of Per-sons,v�,ishing to addfess the eetineil on any issue not on the agenda are asked to do so eetineil. Please life t , nts to th fee .,. „tee I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. 0 Ordinance 1843 — Second Reading — Belie Zoning a This ordinance would provide initial zoning of R-2 (Residential) at 1100 Two Mile Drive. City Manager Doug Russell provided a brief outline of this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Councilor Hunter recused himself from this item. Motion and Vote to approve the second reading of Ordinance 1843. an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoninji certain real property, more particularly described as Assessors Tract #ACB in the Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana and more particularly described on Exhibit "A", (previously Zoned Countv R-2) to Citv R-2 (Residential), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. Council Member - Kvle Waterman: 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: Abstain Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Hunter abstaining. Page 3 of 12 Kalispell City Council Minutes, June 15, 2020 2. Resolution 5976 - Airport Master Plan Amendment a This resolution would approve a master plan amendment for the Kalispell City Airport to include additional locations for hangar development and associated parking areas. City Manager Doug Russell provided the staff presentation on this item. Council auestions for staff. Public Comment Mayor Johnson opened public comment, seeing none he closed public comment. Motion and Vote to approve Resolution 5976, a resolution approvinLy the First Amendment to the Kalispell Citv Airport Master Plan that is subiect to the Lease Agreement between the City of Kalispell and the Kalispell Airport Users' Grou Council Member - Chad Graham: 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 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. 0 Resolution 5977 - Northland Phase 5 Preliminary Plat Extension a This resolution would extend the Major Preliminary Plat for Northland Phase 5 for two years. Senior Planner Jarod Nygren provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment on this item. 07:15:24 PM (00:16:03) Mike Brody, Public Comment Mike Brody, with WGM Group spoke on behalf of the applicant thanking Council and staff for their consideration of this extension. Seeing no further public comment, Mayor Johnson closed public comment. Motion and Vote to approve Resolution 5977, a resolution approving a Two -Year Extension to the Preliminary Plat of Northlands Subdivision Phase 5, located at the western Page 4 of 12 Kalispell City Council Minutes, June 15, 2020 boundary of Northland Drive in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Council Member - Tim Kluesner: Motion Council Member - Kyle Waterman: 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. 4. Motion to Authorize Limited Exnenditure of Funds within the Fiscal Year 2021 Preliminary Budget & Call for a Public Hearing a This is a request for authorization to expend funds from the FY2021 preliminary budget necessary for city operations and schedule a public hearing for July 6, 2020. City Manager Doug Russell provided the staff presentation on this item. Council questions for staff. Mayor Johnson clarified that the budget presented for the Police Department has not been modified or discussed since the work session budget meetings that were presented. 07:20:52 PM (00:21:31) Councilor Daoud continued questions for staff regarding procedure. Public Comment Mayor Johnson opened public comment, seeing none he closed public comment. Motion to authorize limited expenditure of funds within the fiscal year 2021 preliminary budget necessary for day to day operations of the city and call for a public hearing on July 6, 2020. Council Member — Tim Kluesner: Motion Council Member — Sam Nunnall 07:23:05 PM (00:23:44) Councilor Graham provided discussion on the motion. Councilor Nunnally provided discussion on the motion. Councilor Waterman provided discussion on the motion. Councilor Carlson provided discussion on the motion. Councilor Daoud provided discussion on the motion. Councilor Kluesner provided discussion on the motion. Mayor Johnson provided discussion on the motion. Vote on the motion. Page 5 of 12 Kalispell City Council Minutes, June 15, 2020 Council Member - Tim Kluesner: 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 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. 5. Resolution 5978 — Non -union Salary Adjustment a Approval would allow non -union employees of the city to receive an FY21 annual compensation adjustment of 3.1 % which is consistent with the average collective bargaining agreement wage adjustments of the unions represented by city employees. City Manager Doug Russell provided the staff presentation on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:32:43 PM (00:33:22) Motion to approve Resolution 5978, a resolution adjusting the Salary and Compensation of the City Officials, Supervisors, and all other Nonunion Employees pursuant to Title 7, Chapter 4, Part 42, M.C.A. commencing on the date indicated herein. Council Member - Ryan Hunter: Motion Council Member — Kari Gabriel: 2nd 07:33:22 PM (00:34:01) Motion to amend Resolution 5978, to amend section 1 by striking "city elected officers". Councilor Graham provided discussion on the amendment. Councilor Waterman provided discussion on the amendment. Vote on the amendment. Council Member - Chad Graham: 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: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 6 of 12 Kalispell City Council Minutes, June 15, 2020 Council Member - Sid Daoud: Approve The amendment to the motion passed with Councilor Waterman opposed. Vote on the original motion as amended. Council Member - Chad Graham: 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 Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. m 6. Appointments to the Kalispell Tourism Business Improvement District a This item appoints Board of Trustee members to govern the newly renewed TBID which begins July 1, 2020. Mayor Johnson offered the following TBID appointment recommendations: ➢ Joseph Alexander for a 3-year term ➢ Bryce Baker for a 4-year term ➢ Janet Clark for a 1-year term ➢ Zac Ford for a 2-year term ➢ Dawn Hendrickson for a 3-year term ➢ Britta Joy for a 2-year term ➢ Emily Schroeder for a 4-year term Motion and Vote to approve the Mayors appointments to the Tourism Business Improvement District. 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 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. J. PUBLIC COMMENT Page 7 of 12 Kalispell City Council Minutes, June 15, 2020 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. Mayor Johnson opened public comment. Allan McGarvey, Public Continent Mr. McGarvey of Kalispell spoke in favor of supporting the Police Department. He then spoke regarding protest rallies and the recent rally that took place in Kalispell. He spoke in detail regarding the inherent dangers of civil outrage, the fears regarding public looting, alongside militarized forces not operating in strict subordination to the civil power. He would ask Council to work on solutions that work for everyone. Bill Miles, Public Comment Mr. Miles of Kalispell spoke in opposition to any consideration of defunding the Kalispell Police Department. He then spoke in favor of the people in armament that attended the Black Lives Matter Rally recently, saying they were protecting the Veterans Memorial. Mark Seraceno, Public Comment Mr. Seraceno of Kalispell spoke regarding the fear of what could happen, speaking in favor of gun rights. Dennis Gomez, Public Comment Mr. Gomez of Kalispell spoke regarding guarding the war memorial from any possible rioters, saying he had received intel that ANTIFA members were coming to Kalispell. 07:58:12 PM (00:58:51) Breit Kelley, Public Comment Mr. Kelley spoke regarding a Facebook group he started to handle concerns regarding the possibility of looting at the protest on June 6, his conversations with other groups, and conversations they had with the protesters. He spoke in further detail about his perceptions of the events that took place on June 6. John Fuller, Public Comment Mr. Fuller, Representative of House District 8 spoke regarding his views of the Constitutions, support of the police force, and support of gun rights. He mentioned an upcoming Legislative resolution — 130 on the upcoming ballot that forbids subordinate communities/authorities from making laws that would further restrict the laws of the state of Montana (regarding gun laws). 08:06:13 PM (01:06:52) Julie Martin, Public Comment Ms. Martin of Kalispell spoke in opposition to any stripping away of second amendment rights both open carry and concealed firearms, especially in defense of the community, and spoke in opposition to any defunding of the Police Department. She then spoke regarding her views of the recent Protest at Depot Park, saying it serves as a role model of the second amendment defending the rights of the first amendment. Page 8 of 12 Kalispell City Council Minutes, June 15, 2020 Slade Iverson, Public Comment Mr. Iverson spoke in support of the Police Department, provided his background, and spoke regarding his willingness to further fund the Police Department beyond taxes. Valerie McGarvey, Public Comment Ms. McGarvey of Kalispell spoke in support of the Police Department and then spoke regarding her and her families experiences protesting for the Black Lives Matter Movement on June 6, 2020. She spoke regarding feeling frightened and stressed about the presence of armed people throughout the park. She spoke regarding armed people behind them shouting to drown out the protesters, saying she did not feel like the armed individuals were protecting her but rather a counter protest. 01:16:51 Knute Kriger, Public Comment Mr. Kriger of Kalispell spoke regarding his experiences with the Protest on the 61h. He emphasized making decisions based on local facts. He spoke in support for the Police Department, and the intention of the armed people at the Protest to protect Kalispell. He spoke regarding the re -writing of history. Tara Lee, Public Comment Ms. Lee of Kalispell spoke regarding her perspective of the Protest on the 6'. She believes in the abilities of the Police Department and did not feel there needed to be excessive firearms at the event as she entrusts her life to the Police. She spoke regarding the fear her eight -year -old daughter felt, and how people whose lives have been affected by gun violence view such a display of fire power. She also spoke regarding those who did not attend the Protest for fear of so many with guns. She feels it was a power grab by those with the guns. Bonnie Zepnick, Public Comment Ms. Zepnick of Whitefish used several minutes of silence to demonstrate a small portion of the time that George Floyd was held down by a Police Officer before Mr. Floyd died. She mentioned the peaceful protests that have been happening for several weeks in Whitefish without the need for `armed peacekeepers'. Mike Thompson, Public Comment Mr. Thompson of Columbia Falls stated Veterans and Law Enforcement Officers are his heroes. He spoke in opposition to any defunding of the Police Department. He then spoke regarding his experiences in other areas in the Nation and asked that outside influences not interfere in Kalispell. He spoke in opposition to looters and in favor of the idea of Montanan's taking care of each other. Lee Handle, Public Comment Mr. Handle of Kalispell spoke regarding his Veteran status, and his experiences living in Seattle, Washington. He spoke regarding his pride of standing with the armed group at the Protest. He spoke regarding supporting the First and Second Amendment and standing with the people in the County. 08:40:00 PM (01:40:39) Tom Nesbehill, Public Comment Page 9 of 12 Kalispell City Council Minutes, June 15, 2020 Mr. Nesbehill from the Whitefish area read the "Right to Bear Arms" and spoke regarding not trying to hide weapons and using them to protect the Veterans Memorial. Butch Hutchins, Public Comment Mr. Hutchins from Columbia Falls said he had one word — respect. He spoke regarding being in legal trouble when he was younger, but still having respect for officers. He spoke about his views about recent national events, and his experiences at the protest on June 6. 08:46:24 PM (01:47:03) Spring Gibbs, Public Comment Ms. Gibbs of Kalispell spoke in favor of respecting law enforcement and the right to carry firearms. 08:48:51 PM (01:49:30) Sonya Woodworth, Public Comment Ms. Woodworth of Kalispell spoke in support of the Police Department and would like them to have more money in the budget. 01:50:26 Cindy Depinto, Public Comment Ms. Depinto of Kalispell spoke in support of the Police Department and other Law Enforcement. She feels that Officers and Firefighters should be paid more. She spoke about her views regarding recent national events, and her fears. 08:53:43 PM (01:54:22) Cathryn Kale, Public Comment Ms. Kale recited quotes and spoke in favor of the right to carry firearms, spoke regarding her views of the June 6, 2020 protest, and her pride in living in Montana and she and her family bearing arms at the protest. 08:56:49 PM (01:57:28) Jonathon Day, Public Comment Mr. Day of Kalispell spoke regarding his experiences living in Portland, Oregon and his views and fears regarding recent national events. He spoke regarding his fears that protesters would cause damage in Kalispell, saying he loaded his gun for the protest and wondered if he would have to use it on someone. He spoke in opposition to any police defunding. 09:01:06 PM (02:01:45) Ulala Bobkin, Public Comment Ms. Bobkin of Whitefish spoke in opposition to outside influences. She then spoke regarding personal family experiences with gun violence, and in favor of gun rights. She spoke regarding positive experiences she has had with law enforcement. 09:04:25 PM (02:05:04) Jason Boris, Public Comment Mr. Boris of Kalispell spoke regarding his views on the Constitution and recited quotes. He spoke in favor of the right to bear arms and the right to defend oneself and property, and his experiences at the June 6, 2020 protest in Kalispell. 09:08:41 PM (02:09:20) Blake Sheldon, Public Comment Mr. Sheldon of Kalispell spoke in support of the Police Department and in support of the Second Amendment, open carry, and concealed carry. 09:10:01 PM (02:10:40) Tonva, Public Comment Tonya spoke regarding her experiences living in Coeur d'Alene, Idaho and her experiences Page 10 of 12 Kalispell City Council Minutes, June 15, 2020 regarding rioters there. She asked what the public can do to support Law Enforcement and the Council and spoke regarding the vast experience and training of local law enforcement. She gave her views on racism. 09:15:01 PM (02:15:401 Seeing no further public comment, Mayor Johnson closed public comment. K. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Russell provided the following report: • Mr. Russell anticipates that The League of Cities and Towns will make a decision this week regarding whether they will still hold an in -person conference in Kalispell this year. • The Work Session on June 22, 2020 will tentatively include an update on the Core Area Project including a possible street connector. That may be followed by discussion on the Flathead City -County Health Department Interlocal Agreement. 09:16:07 PM (02:16:46) Councilor Graham spoke regarding the negative effects of social media rumors. He would ask that the public contact Council or staff to verify information they see on social media as it is often incorrect. He then asked the Police Chief to let his personnel know of all the support voiced for his department. 09:18:20 PM (02:18:59) Councilor Daoud submitted the following statement approved by the Mayor into the record. "The City of Kalispell acknowledges the civil strife here and around the Country today. We wish to respectfully stand together with our black community members in support of their equal rights and against any intrusion on the same. Kalispell is a community made up of many races and we are grateful for the diversity that strengthens us. We also acknowledge that as a predominantly white community, we wish to listen and understand issues that affect our racially diverse community members so that we can insure to keep a safe and equitable environment for all." 09:19:09 PM (02:19:48) Councilor Waterman spoke regarding his experiences with the June 6, 2020 protest in Kalispell and his experiences growing up in Montana. He thanked the students that organized the protest and the Flathead Patriots Guards who attended and were civilly engaged with the students. He would like to continue to see community conversations happen regarding upholding the constitution. Councilor Waterman then spoke regarding a letter of thanks received from the Samaritan House to the Council for their support of the COVID-19 related homeless shelter that recently closed and spoke of the 70 individuals that were served. He also thanked the community for all their work on/for the shelter and related social services. 09:21:35 PM (02:22:14) Councilor Hunter agreed with the Councilors that have already spoken. He spoke regarding misunderstandings online, and his experiences at the June 6, 2020 protest. He spoke regarding his hope that future protests will be able to occur without armed people in attendance. Page 11 of 12 Kalispell City Council Minutes, June 15, 2020 Councilor Hunter thanked Councilor Waterman and others involved in the homeless shelter, saying he was impressed by the number of people that were able to be assisted into housing and employment. He would hope that resources be provided in the future to the local homeless community. 09:24:41 PM (02:25:20) Mayor Johnson provided the following report: • He thanked the public for their comments. • Mayor Johnson spoke regarding an upcoming meeting planned between Sheriff Heino, Chief Overman, Mayor Johnson, Mr. Garner, Mr. McGarvey, and Mr. Kelley. • Mayor Johnson spoke regarding the issue of homelessness and recommended a related podcast called "Solvable". • Mayor Johnson encouraged people to make a change at local levels to step forward and do what's right for the community during these disturbing times for everyone in our Country. He then spoke regarding personal family experiences around race and perceptions. L. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:30 p.m. Ainlee Brunckhorst, CMC SEAL _ City Clerk s 1892 Minutes approved on July 6, 2020 mm11iu0 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — June 22, 2020, at 7:00 p.m. — Council Chambers City Offices Closed — Friday, July 3, 2020 — Independence Day Holiday Next Regular Meeting — July 6, 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 12 of 12