12-21-20 City Council Meeting MinutesCITY OF
KALISPELL
CITY COUNCIL MEETING MINUTES
December 21, 2020, at 7:00 p.m.
This meeting occurred via video conferencing to provide an environment that complied with the
Governor's Phase II COVID-19 Directive. Public comment was provided via email to
publiccommentAkalispell.com or verbally during the video conference by registering at:
https: ,us02web.zoom.us/webinar/register/WN IbJhw AWSImzhFvNwhkul g.
A. CALL TO ORDER
Mayor Johnson called the meeting to order at 7 p.m.
B. ROLL CALL
Ma or - Mark Johnson: Present in Council Chambers
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Present via online video
Council Member - Sam Nunnally: Present via online video
Council Member - Chad Graham: Present via online video
Council Member - Kyle Waterman: Present after item H. via online video
Council Member - Ryan Hunter: Present via online video
Council Member - Tim Kluesner: Present via online video
Council Member - Sid Daoud: Present via online video
Staff present in the City Hall Council Chambers included City Manager Doug Russell, City
Attorney Charles Harball, City Clerk Aimee Brunckhorst, Director of Development Services
Jarod Nygren, Public Works Director Susie Turner, and Senior Engineer Keith Haskins.
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: Absent
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Member - Chad Graham: Approve
Council Member - Kyle Waterman: Absent
Council Member - Ryan Hunter: Approve
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Kalispell City Council Minutes, December 21, 2020
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on voice vote with Councilor Gabriel and Waterman
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.
1. Council Minutes — December 7, 2020
Motion and Vote to approve the consent agenda as published.
Council Member - Tim Kluesner: Motion
Council Member - Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Member - Chad Graham: Approve
Council Member - Kyle Waterman: Absent
Council Member - Ryan Hunter: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on voice vote with Councilor Gabriel and
Waterman absent.
F. COMMITTEE REPORTS — None.
G. PUBLIC COMMENT
Persons wishing to address the council were asked to provide public comment via email to
publiccommenKDkalispell.com or verbally during the video conference.
Mayor Johnson opened public comment.
Paul Bardos, Public Comment
Mr. Bardos asked whether he should provide comment on action item 1 now or after the item
comes under review. Mayor Johnson requested that Mr. Bardos provide his comments during the
action item.
General public comment received to the email publiccomment@kalispell.com between
December 10, 2020, and December 31, 2020 can be found at:
https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=138289&dbid=0&repo=Kalispell.
Seeing no further public comment, Mayor Johnson closed public comment.
H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION
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Kalispell City Council Minutes, December 21, 2020
Persons wishing to address the council on individual agenda items are asked to provide
public comment via email to publiccommentCa) kalispell.com or verbally during the online
meeting.
1. Resolution 6008 — City Council Decision on Woodland Apartments LLC Appeal
of Site Review Committee Determination
This resolution sets forth the City Council's findings of fact and rationale for its
decision on Woodland Apartments, LLC appeal from a Site Development Review
Committee determination.
City Attorney Charlie Harball provided the staff report on this item.
Mayor Johnson opened public comment.
Paul Bardos, Public Comment
Mr. Bardos spoke to his reasoning for the appeal.
Seeing no further public comment, Mayor Johnson closed public comment.
00:23:38
Motion to approve Resolution 6008, a resolution of decision on appeal by Woodland
Apartments LLC from a Site Review Committee determination pursuant to KMC
27.20.120(4).
Council Member — Chad Graham: Motion
Council Member — Tim Kluesner: 2°d
00:24:24 Councilor Daoud began discussion on the motion.
00:25:56 Councilor Hunter provided discussion on the motion.
00:27:12Amendment to the main motion to add lap ua a to Para ra h 1 on the 3rI a e of
the Resolution. The new language is provided in blue.
The appellant, Woodland Apartments LLC, asserts that the Findings of Fact, as expressed by
the staff report KCU-19-03 and adopted by the City Planning and Zoning Board and by the City
Council is inconsistent with the evidence presented The appellant points to the comments made
by_a plan_ nines staff_ member during the hearing that the development would have minimal traffic
impacts as well as a comment in the staff report that the width andgualit}, of the roads serving
the property were adequate to carry the increased traffic predicted to accompany the Woodland
Apartments development. Theise statement , however, must be considered in context with all
other evidence presented and available in the matter. Public comment, including neighbors of
the property, expressed concern about how the increased traffic would negatively impact these
roadways which are currently constructed as a rural cross-section, lacking curb, gutter,
boulevard or sidewalk Taken in context the staff member durin the hearin was seenste
have-beew addressing this public comment as a reassurance to the concerned, public that the
timing of traffic and proximity of the ingress and egress to Woodland Avenue would reduce
traffic impacts on the neighborhood. In the staff report, staff speaks to the adequacy of the width
and quality of the roads to accommodate traffic loads, but (delete "Further, " and continue with
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Kalispell City Council Minutes, December 21, 2020
the remainder of the next paragraph)
Council Member — Ryan Hunter: Motion
Council Member — Kyle Waterman: 2nd
Discussion on the amendment to the main motion.
City Attorney Harball answered questions from Council regarding this amendment.
00:37:56
Vote on the amendment to the main motion.
Council Member - Ryan Hunter: Motion
Council Member - Kyle Waterman: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Disapprove
Council Member - Sam Nunnall : Disppyrove
Council Member - Chad Graham: Disapprove
Council Member - Kyle Waterman: Approve
Council Member - Ryan Hunter: Approve
Council Member - Tim Kluesner: Disapprove
Council Member - Sid Daoud: Approve
The amendment failed with Councilor Hunter, Waterman, and Daoud in favor and
Councilors Nunnally, Carlson, Graham, Kluesner, and Mayor Johnson opposed, and
Councilor Gabriel absent.
00:38:27 Councilor Hunter explained his reasoning for a second amendment to the main motion.
00:39:33 Amendment to the main motion to add language to Section 1 on page 6 of the
Resolution. The new language is provided in blue.
That the appeal of Woodland Apartments LLC to overrule Condition 4 o('the Site Review
Committee's conditional approval, which pertains to the Appellant's
compliance with Condition 7 of the Me- _ A " " '-' dedicativ a approximately 2 Sweet
along Shady Glen and a triangle containing approximately 135 square feet in the northwest
corner of the property alone Woodland Park Drive to the City, is hereby denied
Council Member — Ryan Hunter: Motion
Council Member — Kyle Waterman: 2°d
00:40:24 Discussion on the second amendment to the main motion.
00:41:04 City Attorney Harball answered questions from the Mayor regarding this amendment.
00:43:31 Councilor Hunter spoke regarding changing his amendment to the main motion. Mayor
Johnson asked that Council act on the amendment to the main motion already on the floor.
Mayor Johnson provided discussion on the amendment.
Vote on the amendment to the main motion.
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Kalispell City Council Minutes, December 21, 2020
Council Member - Ryan Hunter: Motion
Council Member - Kyle Waterman: 2nd
Mayor - Mark Johnson: Disapprove
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Disapprove
Council Member - Sam Nunnally: Disapprove
Council Member - Chad Graham: Disapprove
Council Member - Kyle Waterman: Disapprove
Council Member - Ryan Hunter: Disapprove
Council Member - Tim Kluesner: Disapprove
Council Member - Sid Daoud: Disapprove
The amendment to the main motion failed unanimously with Councilor Gabriel absent.
00:45:43 Councilor Hunter requested clarification from staff and then provided discussion.
00:49:27 Councilor Waterman provided discussion on the main motion.
00:50:23 Mayor Johnson provided discussion on the main motion.
00:53:24
Vote on the main motion.
Council Member - Chad Graham: Motion
Council Member - Tim Kluesner: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Member - Chad Graham: Approve
Council Member - Kyle Waterman: Approve
Council Member - Ryan Hunter: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The main motion passed unanimously on roll call vote with Councilor Gabriel absent.
2. Award the Water System Telemetry and Supervisory Control and Data Acquisition
Upgrade Project to Neely Electric, Inc.
This item awards a bid to Neely Electric, Inc. in the amount of $141,237 to update
the SCADA and telemetry systems for Kalispell's public water facilities.
City Manager Doug Russell provided a brief overview of this project.
Public Works Director Susie Turner provided further detail on this item.
01:00:06 Councilor Daoud began questions for staff.
01:02:56 Motion and Vote to award the water system supervisory control and data
acquisition and telemetry project to Neely Electric, Inc.
Council Member - Kyle Waterman: Motion
Council Member - Sam Nunnallv: 2nd
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Kalispell City Council Minutes, December 21, 2020
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
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 absent.
Appointment to the Tourism Business Improvement District Board
This item considers the appointment of a large property representative to the TBID.
Mayor Johnson recommended the appointment of Robert Hall from the Holiday Inn and Suites as
his appointment to the TBID.
01:04:32 Motion and Vote to accept the _nomination from Mayor Johnson of Robert Hall to
fill the appointment on the Tourism Business Improvement District.
Council Member - Sam Nunnally: Motion
Council Member - Sid Daoud: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
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 with Councilor Gabriel absent.
4. Recommendation to the County Commission for Appointment to the 911
Operations Board
This item recommends to the County Commission the appointment of Kalispell
Police Chief Doug Overman or his designee to the County 911 Operations Board.
Mayor Johnson explained why this item is before Council and recommended Police Chief Doug
Overman or his designee for the 911 Operations Board.
01:05:57 Motion to accept the recommendation of Doug Overman or his designee to the 911
Operations Board.
Council Member — Sam Nunnally
Council Member — Sandy Carlson
01:06:14 Councilor Daoud asked questions on this item.
Vote on the motion.
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Kalispell City Council Minutes, December 21, 2020
Council Member - Sam Nunnally: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Absent
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 was approved unanimously on voice vote with Councilor Gabriel absent.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
• City offices will be closed this Friday (December 25) and next Friday (January 1)
for holidays. There will not be a work session next Monday.
01:09:28 Councilor Nunnally spoke to his first year on the council saying it has been a learning
experience and thanking everyone. He then wished everyone a Merry Christmas and Happy New
Year.
01:09:58 Councilor Daoud also voiced his appreciation for his first year on the council.
01:11:00 Councilor Hunter also offered his thanks to everyone saying it has been a learning
experience and a challenging year.
01:11:27 Councilor Carlson spoke in appreciation as well and wished everyone a Merry
Christmas.
01:11:59 Councilor Waterman also thanked staff and the public for their patience with all the
changes that have happened this year within the community.
01:12:44 Mayor Johnson looked back on 2020 saying that we have all been through a lot of
challenges. The Kalispell community is a wonderful community, speaking further about the
hurdles. He thanked council and staff for working hard during a very trying year. He wished
everyone a Merry Christmas and reminded everyone about what the season is about.
Merry Christmas wishes were shared all around!
J. ADJOURNMENT
The meeting was adjourned at 8:15 p.m.
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Kalispell City Council Minutes, December 21, 2020
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session Cancelled — . — Council Chambers
Next Regular Meeting — January 4, 2021, at 7:00 p.m. — Council Chambers
Watch regular City Council sessions live on Charter Cable Channel 190 or online at the
Meetings on Demand tab at www.kalispell.com.
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