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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 Page 1 of 8 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 Page 2 of 8 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 Page 3 of 8 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. Page 4 of 8 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 Page 5 of 8 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. Page 6 of 8 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. ��.\\\'!lid• '� c � ^�FPC.�, Aim e Brunckhorst, CMC CIAL City Clerk 1692 .''•'�NrANP Minutes approved on January 4, 2021 Page 7of8 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. Page 8 of 8