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E1. 08-19-20 Council MinutesCITY OF KALISPELL CITY COUNCIL nF " rT MEETING MINUTES August 19, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The Monday, August 17, 2020 City Council meeting was postponed until Wednesday, August 19, 2020, at 7:00 p.m. The meeting was held via video conferencing so as to provide an environment that will comply with the Governor's Phase II COVID-19 Directive. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present in Council Chambers Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present via video Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Present via video Council Member - Kyle Waterman: Present via video Council Member - Ryan Hunter: Present via video Council Member - Tim Kluesner: Present via video Council Member - Sid Daoud: Present via video Staff present included City Manager Doug Russell (via video), City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Planning, Building and Community Development Director Jarod Nygren, Senior Planner P.J. Sorensen, Finance Director Rick Wills, and City Accountant Aimee Cooke. 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 Nunnallv: Annrove Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Page 1 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member - Sid Daoud: Approve The motion passed unanimously with Councilors Gabriel and Nunnally absent. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. Council Minutes — August 3, and 4, 2020 a 2. Ordinance 1846 — Second Reading — Stillwater Crossing Planned Unit Development a This Ordinance would rezone approximately 31.45 acres currently zoned as R-3 (Residential) with a Planned Unit Development overlay and establish a zoning classification of RA -I (Residential Apartment) on 28.89 acres, and B-1 (Neighborhood Business) on 2.56 acres with a Residential Mixed -Use PUD overlay, at 430 Stillwater Road. Public Comment No public comment was received to publiccommentkkalispell.com regarding consent agenda items. Motion and Vote to approve the consent agenda as submitted. Council Member - Tim Kluesner: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnallv: Aimrove 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 unanimouslv on roll call vote with Councilors Gabriel and Nunnallv absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT General public comment received to publiccomment@kalispell.com from August 13, 2020, to August 19, 2020, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=133722&dbid=0&repo=KaliWel 1 (right click link to open link in new tab). H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Page 2 of 14 Kalispell City Council Minutes, August 19, 2020 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. Ordinance 1847 — Second Reading — Regarding the Setting of Speed Limits 7 a This Ordinance would amend Kalispell Municipal Code 17-25 regarding the process of setting speed limits within the city. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment was received on this item. 00:05:46 Motion to approve the second reading of Ordinance 1847, an ordinance amending the revised ordinances 1947 4 267 as amended in article 608 4 1-3 and codified at Chapter 17, Section 25 of the Kalispell Municipal Codes entitled Speed Limits, declaring an effective date and authorizing the City Attorney to codify the same. Council Member - Tim Kluesner: Motion Council Member — Sandy Carlson: 2nd Councilor Daoud offered discussion on the motion. Vote on the motion. Council Member - Tim Kluesner: 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: Disapprove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The motion passed on roll call vote with Councilors Daoud and Graham opposed and Councilors Gabriel and Nunnally absent. 2. Resolution 5983 - Preliminary Plat Extension — Silverbrook Phase 2 a This resolution would approve a two-year extension of the preliminary plat for Silverbrook Phase 2, a 167.07-acre property at the southwest corner of the intersection of Highway 93 North and Church Drive. Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment Page 3 of 14 Kalispell City Council Minutes, August 19, 2020 No public comment has been received on this item. 00:10:18 Motion and Vote to approve Resolution 5983, a resolution approving a two-year extension to the preliminary plat of Silverbrook Phase 2, described as tract 3 and a portion of Tracts 4 and 5 of Certificate of Survey 15896, located in the Northeast Quarter of Section 13, Township 29 North, Ranee 22 West, P.M.M., Flathead County, Montana. 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 Nunnallv: Annrove Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Abbrove The motion passed unanimously on roll call vote with Councilors Gabriel and Nunnallv absent. 3. Glacier Rail Park Final Plat Request for Resubdivision Plat Lot 4 a This request would amend the plat subdividing Lot 4 of the Glacier Rail Park into two parcels. Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment No public comment has been received on this item. Motion and Vote to approve the final plat for Glacier Rail Park. Council Member - Sid Daoud: 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 with Councilors Gabriel and Nunnallv absent. Page 4 of 14 Kalispell City Council Minutes, August 19, 2020 4. Northland Phase 5A & 5B Final Plat and Subdivision Improvement Agreement a This item would approve a final plat and agreement for 25.5 acres with 90 residential lots located along the western boundary of Northland Drive. Senior Planner P.J. Sorensen provided the staff report on this item. Council questions for staff. Public Comment No public comment has been received on this item. 00:17:55 Motion and Vote to approve the final plat and subdivision improvement agreement for Northland Phases 5A and 5B. (Councilor Kluesner accidently read the motion from the preliminary plat previously approved at another meeting. All council members understood they were voting for the final plat and agreement approval.) 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 Nunnallv: Aimrove 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 with Councilors Gabriel and Nunnally absent. 5. Resolution 5984 — Budset — Tourism Business Improvement District (TBID Work Plan and Budget a This resolution approves the annual work plan and budget for the TBID for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Council questions for staff. Public Comment No public comment has been received on this item. Motion to approve Resolution 5984, a resolution approving the Work Plan and Budget for the Fiscal Year 2020-2021 for the Kalispell Tourism Business Improvement District as recommended by its Board of Directors. Council Member — Chad Graham: Motion Page 5 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member — Ryan Hunter: 2nd Councilor Daoud provided discussion on the motion. Vote on the motion. Council Member - Chad Graham: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilors Gabriel and Nunnallv absent. 6. Resolution 5985 — Budget — Downtown Business Improvement District (BID) m Work Plan and Budget a This resolution approves the annual work plan and budget for the BID for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Council questions for staff. Public Comment No public comment has been received on this item. 00-24-46 Motion to approve Resolution 5985, a resolution approving the Work Plan and Budget for the Fiscal Year 2020-2021 for the Kalispell Business Improvement District as recommended by its Board of Directors. 00:25:16 Councilor Waterman provided discussion on the motion. Councilor Daoud provided discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Page 6 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilors Gabriel and Nunnallv. Ox 7. Resolution 5986 — Budget — Mill Levy ,- a This resolution sets the annual mill levy for the City of Kalispell for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Council questions for staff and discussion. Public Comment No public comment has been received on this item. 00:40:00 Motion and Vote to approve Resolution 5986, a resolution making the Annual Tax Levies for the Citv of Kalispell, Montana, for the fiscal vear 2020-2021. 00:40:34 Council discussion on the motion. Vote on the motion. 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 Nunnallv: Aimrove 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 with Councilors Gabriel and Nunnally absent. .'0 Resolution 5987 — Budget — Annual Appropriations a This resolution sets the annual appropriations for the City of Kalispell for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Council questions for staff. Public Comment Page 7 of 14 Kalispell City Council Minutes, August 19, 2020 Public comment sent to publiccomment cgkalispell.com on this item can be found at: hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=133723&dbid=0&repo=Kalispell (right click link to open link in new tab). 00:53:09 Motion to approve Resolution 5987, a resolution setting the annual Appropriations for the City of Kalispell, Montana, for Special Revenue Funds, Debt Service Funds, Capital Proiect Funds and Proprietary Enterprise Funds as set forth in the 2020-2021 Budget adopted by the City Council. Council Member — Chad Graham: Motion Council Member — Kyle Waterman: 2nd Discussion on the motion. 00:54:34 Councilor Hunter provided discussion on the amendment below. 00:56:50 Amendment to the motion to revise the budget to allocate up to $12,500 from the general fund for consulting services to prepare an affordable housing plan and needs assessment. Council Member — Ryan Hunter: Motion Council Member — Tim Kluesner: 2nd 00:57:31 Discussion on the amendment to the motion. 01:17:45 Vote on the amendment to the motion. Council Member - Ryan Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove The amendment to the motion failed on roll call vote with Councilors Waterman, Kluesner, and Hunter in favor, and Councilors Carlson, Graham, Daoud and Mayor Johnson opposed, and Councilors Gabriel and Nunnally opposed. Vote on the main motion. Council Member - Chad Graham: 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 Page 8 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimouslv on roll call vote with Councilors Gabriel and Nunnally absent. IM 9. Resolution 5988 — Storm Sewer Maintenance District Assessment a This resolution considers the storm sewer maintenance assessment and sets the levy for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment has been received on this item. 01:20:35 Motion and Vote to approve Resolution 5988, a resolution lewin2 assessments for the cost of Storm Sewer Maintenance for the Fiscal Year 2020-2021. Council Member - Kyle Waterman: Motion Council Member - Rvan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote. 10. Resolution 5989 — Urban Forestry Maintenance District Assessment a This resolution considers the urban forestry maintenance assessment and sets the levy for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment has been received on this item. 01:22:34 Motion and Vote to approve Resolution 5989, a resolution Lewin2 an Assessment for the Cost of Urban Forestry Maintenance for the City for the fiscal year 2020-2021. Council Member - Tim Kluesner: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Page 9 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member - Sandy Carlson: Approve Council Member - Sam Nunnallv: ADDrove 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 with Councilor Gabriel and Nunnally absent. 11. Resolution 5990 — Solid Waste Maintenance District Assessment - a This resolution levies the assessment for removing solid waste from city streets and alleys for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Council questions for staff. Public Comment No public comment has been received on this item. 01:26:09 Motion to approve Resolution 5990, a resolution to Levy the Cost of removal of Garbage or other offensive matter from Streets, Alleys or on any premises as a Special Tax against Property from which such matter was deposited, and the Disposition thereof. Council Member — Chad Graham: Motion Council Member — Kyle Waterman: 2na 01:26:51 Discussion on the motion. 01:30:01 Vote on the motion. Council Member - Chad Graham: 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 with Councilor Gabriel and Nunnally absent. 12. Resolution 5991 — Street Maintenance District Assessment - a Page 10 of 14 Kalispell City Council Minutes, August 19, 2020 This resolution levies the assessment for maintaining the streets and avenues for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment has been received on this item. 01 -31 -33 Motion and Vote to approve Resolution 5991, a resolution lewin2 an assessment for the cost of Special Maintenance for the purpose of maintaining the Streets and Avenues of the City of Kalispell for the Fiscal Year 2020-2021. 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 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 unanimouslv on roll call vote with Councilor Gabriel and Nunnallv absent. 13. Resolution 5992 — Light Maintenance District Assessment a This resolution levies the assessment for maintaining the street lighting in the city for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment has been received on this item. Motion and Vote to approve Resolution 5992, a resolution lewin2 an assessment for the Cost of Li2htin2 the Streets and Alleys in the City Special Li2htin2 District for the Fiscal Year 2020-2021. 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: Approve Page 11 of 14 Kalispell City Council Minutes, August 19, 2020 Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilors Gabriel and Nunnally absent. 14. Resolution 5993 — Tourism Business Improvement District (TBID) Appropriations NZA .a This resolution approves the annual appropriations for the TBID for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. 01:35:34 Councilor Kluesner asked questions of staff. Public Comment No public comment has been received on this item. 01:36:11 Motion and Vote to approve Resolution 5993, a resolution setting the Annual Appropriation for the Tourism Business Improvement District of the City of Kalispell, Montana, as set forth in the 2020-2021 Budget adopted by the City Council. Council Member - Sid Daoud: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Gabriel and Nunnally absent. 15. Resolution 5994 — Downtown Business Improvement District (BID) Appropriations a This resolution approves the annual appropriations for the BID for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Public Comment No public comment has been received on this item. UNW9.90 Motion and Vote to approve Resolution 5994, a resolution making the Annual Tax Levy for the Business Improvement District (BID) of Kalispell, Montana, for the fiscal year 2020- 2021 and levying an assessment for the BID for Fiscal 2020-2021. Page 12 of 14 Kalispell City Council Minutes, August 19, 2020 (Councilor Kluesner accidently read the prior motion. Council members understood they were voting on the BID.) Council Member - Tim Kluesner: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Annrove The motion passed unanimously on roll call vote. MP 16. Resolution 5995 — Budget — Flathead Ci . -County Health Department 7 a This resolution approves the levy request for the City -County Health Department for fiscal year 2021. City Manager Doug Russell provided the staff report on this item. Councilor Daoud asked questions of staff. Public Comment No public comment has been received on this item. 01:41:22 Motion to approve Resolution 5995, a resolution making the Annual Tax Levies for the City of Kalispell contribution for the City of Kalispell — Flathead County Health Department, for the fiscal year 2020-2021. Council Member — Kyle Waterman: Motion Council Member — Chad Graham: 2nd 01:41:54 Councilor Waterman provided discussion on the motion. Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 13 of 14 Kalispell City Council Minutes, August 19, 2020 The motion passed unanimously on roll call vote with Councilors Gabriel and Nunnally absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Appreciation for the teamwork between Council and staff throughout the entire budget process that starts in May. The August 24, 2020 work session will include a discussion on the 911 Special District Election, a discussion on the Core Area Street Connector now that the Finding of No Significant Impact has been received by the Federal Railroad Administration, and a request from Montana Base Camp for a Planned Unit Development Amendment. Councilor Waterman spoke regarding the public comment and conversations regarding Firefighters and conversations in 2018 about the review. He requested that Council discuss that study again. He spoke regarding the stress front line workers are under, and said he is thankful we have two additional firefighters in this year's budget. Councilor Kluesner confirmed with staff that people who send public comment via email to the Council do receive an auto message that the comment has been received and is appreciated and will be taken into consideration. Councilor Daoud requested that the Council talk about Council meeting logistics regarding online versus in person at the next work session. Mayor Johnson approved Councilor Daoud's request. J. ADJOURNMENT Mayor Mark Johnson adjourned the meeting at 8:53 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — August 24, 2020, at 7:00 p.m. — Council Chambers City Offices Closed — September 7, 2020 — Labor Day Next Regular Meeting — TUESDAY, September 8, 2020, at 7:00 p.m. — Council Chambers Page 14 of 14