Loading...
07-06-20 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES July 6, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East 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 President - Chad Graham: Absent Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Council Member - Kyle Waterman: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning, Building and Community Development Director Jarod Nygren, Finance Director Rick Wills, City Engineer Keith Haskins, Senior Planner P.J. Sorensen, Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Kyle 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 President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Graham absent. Page 1 of 9 Kalispell City Council Minutes, July 6, 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 15, 2020 2. Award Bid for the 1 I1h Street West Sanitary Sewer Reconstruction Project This item would award this project to Sandry Construction in the amount of $479,646. 3. Annroval of HDR Engineering as the Professional Consultant for the Wastewater Treatment Plant Equalization Basin Project This item would approve negotiations with HDR Engineering to provide engineering services to construct one 75-FT diameter Equalization Basin for the Wastewater Treatment Plant. 07:02:11 PM (00:04:51) Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Member - Sam Nunnally: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Graham absent. F. COMMITTEE REPORTS G. PUBLIC HEARING — Preliminary Fiscal Year 2021 Budget Council will accept comments regarding the preliminary budget for fiscal year 2021. Mayor Johnson opened the public hearing and asked for public comment. Seeing none, he closed the public hearing. H. 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. Page 2 of 9 Kalispell City Council Minutes, July 6, 2020 07:03:51 PM (00:06:30) Shelly Strauss, Public Comment Shelly Strauss of Kalispell spoke in support of law enforcement naming the many tasks that police officers perform. 07:07:20 PM (00:09:59) Valerie McGarvey, Public Comment Ms. McGarvey of Kalispell spoke regarding an intimidation problem in this valley saying she knows of people that were planning to provide public testimony at the meeting tonight but felt intimidated by social media threats. 07:09:54 PM (00:12:34) Dennis Gomez, Public Comment Mr. Gomez of Kalispell spoke regarding protecting the Veterans Memorial. 07:11:23 PM (00:14:03) Kellev Tindall, Public Comment Ms. Tindall of Kalispell spoke regarding her experiences at the June 6, 2020 protest saying she did not feel any intimidation. She further spoke in support of Law Enforcement. 07:14:24 PM (00:17:04) BJ Cummings, Public Comment Mr. Cummings spoke regarding his perspective at the June 6 protest saying some of the attendees with guns had good intentions and some had bad intentions. He was afraid for the safety of people at the protest. 00:20:37 Holly Keefe, Public Comment Ms. Keefe of Kalispell spoke regarding her perspective at the June 6 protest saying speech and monuments were protected above feelings. 07:19:34 PM (00:22:14) John Rome, Public Comment Mr. Rome of Kalispell spoke regarding progressive movements in Montana. He spoke regarding his perspective at the June 6 protest, saying he saw a lack of safety being used around the firearms and militia type gear present. 07:24:33 PM (00:27:13) Cole Water, Public Comment Mr. Water of Kalispell spoke in support of law enforcement and then spoke of his perspective at the June 6 protest. 00:28:42 Brian Block, Public Comment Mr. Block of Creston spoke in favor of law enforcement. 00:29:14 Tracey Tuller, Public Comment Ms. Tuller of Kalispell spoke regarding organized and trained officers to help ensure safety at protest events. 00:31:31 Jason Boeras, Public Comment Mr. Boeras of Kalispell spoke regarding the right to exercise amendment rights and talked about property damage that has happened in other cities during rallies and protests. He provided his perspective of the June 6 protest. 00:35:46 Cherilyn Devries, Public Comment Ms. Devries of Kalispell with Love Lives Here spoke regarding threats and ugly jokes, etc. that Page 3 of 9 Kalispell City Council Minutes, July 6, 2020 were said on the social media Flathead 411 page prior to the protest and prior to tonight's Council meeting saying she feels these comments are squelching free speech. She spoke regarding misinformation, and her perspectives of the June 6 protest. She provided ideas for public safety at future events. 00:44:14 Holly Keefe, Public Comment Ms. Keefe spoke against socialist agendas. 00:45:07 John Anistatio, Public Comment Mr. Anistatio spoke regarding personal experiences dealing with criminals in big cities. He spoke regarding his perspectives on the June 6 protest, and spoke in favor of gun rights. 00:51:15 Dick Cordell, Public Comment Mr. Cordell spoke regarding guarding the Veterans Memorial during the June 6 protest, and his perspectives there saying he felt no one was threatened. He spoke in favor of gun rights. 00:54:03 Public Comment Closed Seeing no further public comment, Mayor Johnson closed public comment. 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. 1. Colton Lee Communities Growth Policy Amendment, Annexation, and Zoning This item considers a request from Colton Lee Communities, LLC for a growth policy amendment, annexation, and initial zoning to allow for a multi -family residential project on a 3.27-acre parcel at 216 Hutton Ranch Road. a. Resolution 5979A, B, C — Growth Policy Amendment b. Resolution 5980 — Annexation c. Ordinance 1844 — First Reading — B-2 Zoning Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. 07:58:00 PM (01:00:40) Rory Younk, Public Comment Mr. Young with Jackola Engineering spoke on behalf of the applicant. Seeing no further public comment, Mayor Johnson closed public comment. 07:58:43 PM (01:01:22) Motion and Vote to approve Resolution 5979A, a resolution adopting an amendment to the Kalispell Growth Policy — Plan It 2035 on a 3.27 acre tract of land more specifically Page 4 of 9 Kalispell City Council Minutes, July 6, 2020 described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana from "Urban Residential" to "Commercial". Council Member - Kyle Waterman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. 08:00:28 PM (01:03:08) Motion to approve Resolution 5980, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an Annexation certain real property described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Colton Lee Communities addition No. 448, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. Council Member - Ryan Hunter: 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 President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. 08:01:49 PM (01:04:29) Motion to approve the first reading of Ordinance 1844, an ordinance to amend Section 27.02.010, official zoning map, 1677, by zoning certain real property, more particularly described as Tract 1 of Certificate of Survey 21115 in the North half of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County SAG-10) to City B-2 (General Business), in accordance with the Kalispell Growth Policy Plan -It 2035, and to provide an effective date. Council Member - Ryan Hunter: Motion Council Member - Sam Nunnallv: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Page 5 of 9 Kalispell City Council Minutes, July 6, 2020 Council Member - Sam Nunnally: Approve Council President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. 2. Chrysalis Group Home Conditional Use Permit This item considers a request from Chrysalis Group Home for a conditional use permit to operate a youth group home for eight or fewer residents at 1005 81n Avenue East. Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. 08:10:33 PM (01:13:13) Cory Hickman, Public Comment Mr. Hickman spoke on behalf of the applicant. 08:11:10 PM (01:13:50) Tracev Tuller, Public Comment Ms. Tuller spoke in favor of the group home. 08:12:07 PM (01:14:47) Valerie McGarvey, Public Comment Ms. McGarvey spoke in favor of the group home. 01-15:38 Motion and Vote to approve a request from Chrysalis Schools of Montana for Conditional Use Permit KCU-20-03, a conditional use permit for a youth group home for eight or fewer girls with five conditions of approval within the R-3 zoning district, located at 1005 8t' Ave. East and more particularly described as the north '/z of lot 11 and west 30 feet of the north '/z of lot 12, block 2561 Kalispell Addition 8. Council Member - Sid Daoud: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. Page 6 of 9 Kalispell City Council Minutes, July 6, 2020 3. Resolution 5981 — Hedges Elementary School Zone and Speed Designation This item would update the school zone boundaries and speed limits around Hedges School to meet current standards. City Manager Russell provided the staff report on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 08:16:32 PM (01:19:12) Motion and Vote to approve Resolution 5981, a resolution desi2natin2 certain portions of Kalispell Streets abutting the School Properties of Hedges Elementary School as School Zones and setting appropriate speed limits thereon for Vehicular Traffic. Council Member - Tim Kluesner: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Absent Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Russell provided the following report: • The Montana League of Cities and Towns 2020 meeting has been moved to an online forum. Kalispell will host the meeting in 2022. • The July 13 work session includes an update on Woodland Park, and a follow up discussion to respond to questions posed by Council during the budget work sessions. The July 27 work session will likely be a discussion regarding the core area street connector. 08:19:14 PM (01:21:54) Councilor Hunter spoke regarding community spread of COVID-19, asking that as cases continue to climb, that we require masks in council chambers for future meetings. He would also like to see the city make a public statement encouraging the wearing of masks. Councilor Hunter thanked the people that provided public comment. He then asked Chief Overman questions regarding the June 6, 2020 protest. He spoke regarding his perspectives at the June 6, 2020 protest, and his views of national and local events. He encouraged all parties to work together to find respectful and safe solutions to differences. Page 7 of 9 Kalispell City Council Minutes, July 6, 2020 Councilor Hunter asked Manager Russell for clarifications of actions that have been taken by staff under the COVID Emergency Declaration and the timeframe of the declaration. He would ask that a work session be held if the Emergency Ordinance were to be brought before council again. 08:32:12 PM (01:34:52) Councilor Waterman spoke regarding following health department recommendations. He also spoke regarding the desire to see the Interlocal Agreement with the City -County Health Department and the local cities move forward. Councilor Waterman then spoke regarding feeling heartened by the amount of people that would like to be involved with city governance. He spoke regarding responsibilities. 08:34:30 PM (01:37:09) Councilor Kluesner spoke regarding the Flathead 411 Facebook page and how he feels social media rips the community apart. 08:35:46 PM (01:38:26) Councilor Daoud spoke regarding the recent vandalism to the Black Lives Matter billboard providing a statement on the matter. Councilor Daoud would ask that the City Manager add a discussion regarding No Knock warrants to a future work session. 08:37:45 PM (01:40:25) Mayor Johnson provided the following report: • The Homeless Task Force has been meeting and should be providing a work session report to the Council. • Mayor Johnson spoke regarding meeting with community members and the Police Chief to work through solutions. He complimented those that came to provide public comment even when outnumbered. • Flathead 411 is not a news source. Rumors on these sites have been incorrect. Mayor Johnson feels social media causes a breakdown of respect for one another as citizens saying hate speech is not free speech. He spoke further regarding exercising rights in a respective manner. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:45 p.m. \\�01u1 III 1$//!/�ii jS *Aiee Brunckhorst, CMC SEAS' - City Clerk 1892 �otVCA� Minutes approved on July 20, 2020 �innm� Page 8 of 9 Kalispell City Council Minutes, July 6, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — July 3, 2020 — Independence Day Holiday Next Work Session July 13, 2020, at 7:00 p.m. — Council Chambers Next Regular Meeting — July 20, 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 9 of 9