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02-16-21 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES TUESDAY, February 16, 2021, at 7:00 p.m. This meeting occurred via video conferencing. Providing public comment was available via email to publiccomment(a)kalispell.com or verbally during the video conference at: https:Hus02web.zoom.us/webinar/register/WN GOV3WJKo01yXNsnx1M94FA. Video of this meeting linked to time -stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. 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: Present via video conferencing Council Member - Sandy Carlson: Present via video conferencing Council Member - Sam Nunnall : Present via video conferencin Council Member - Chad Graham: Present via video conferencing Council Member - Kyle Waterman: Present via video conferencing Council Member - Ryan Hunter: Present via video conferencing Council Member - Tim Kluesner: Present via video conferencing Council Member - Sid Daoud: Present via video conferencing Staff present in the City Hall Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Public Works Director Susie Turner, and Parks and Recreation Director Chad Fincher. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sam Nunnall : 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 Page 1 of 6 Kalispell City Council Minutes, February 16, 2021 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. 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 — February 1, 2021 2. Award Bid for Street Department Dump Truck Cab and Chassis Award a bid from Istate Truck Center in the amount of $104,978 for a new dump truck cab and chassis for the Street Division. 3. Reject Bid for a Wastewater Treatment Plant Sludge Truck Chassis Reject a bid received from Montana Peterbilt for a sludge truck cab and chassis. 4. Sprint Spectrum LP Lease Renewal Agreement to utilize the Buffalo Hill Water Tower Consider renewing a lease agreement with Sprint Spectrum LP. 5. Ordinance 1854 — Second Reading - Edge Zoning This ordinance would zone property located at 2015 and 2105 Third Avenue East B-2 (General Business). Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 00:02:42 Motion and Vote to approve the consent agenda as submitted. Council Member - Kari Gabriel: 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. Page 2 of 6 Kalispell City Council Minutes, February 16, 2021 F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none he closed public comment. Public comment received for this meeting recently to publiccomment(i�kalispell.com can be found at: https:Htime.ei.kalispell.mt.us/WebLink/Browse.aspx?id=140144&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccommentOkalis ell.com or verbally during the online meeting. Please provide your name and address for the record. 1. Ordinance 1853 —Second Reading— Accessory Dwelling Units Continued This item considers amending and adding a new section to the Kalispell Zoning Ordinance to add provisions for accessory dwelling units within certain zones. 09:04:29TAM (00:04:37) Motion and Vote to remove Ordinance 1853 from the table. Council Member -- Sid Daoud: Motion Council Member — Ryan Hunter: 2"d Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnall : Disapprove 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 motion failed 4-5 with Councilors Gabriel, Waterman, Hunter, and Daoud in favor and Councilors Carlson, Nunnally, Graham, Kluesner and Mayor Johnson opposed. 2. Ordinance 1855 -- First Reading — Kalispell Parkline Trail Designation as a Park This ordinance would designate the Parkline Trail as a park and establish appropriate rules and regulations. City Manager Russell provided an overview on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:07:42 Page 3 of 6 Kalispell City Council Minutes, February 16, 2021 Motion to approve Ordinance 1855, an ordinance establishing a city park named "Kalispell Parkline" within those boundaries of the property acquired from the Burlington Northern Santa Fe Railway in 2020, establishing the rules and regulations of the park, amending the use of alcohol in all city parks, declaring an effective date and authorizing the City Attorney to codify the same. Council Member - Kyle Waterman: Motion Council Member - Sam Nunnally: 2"d 00:08:13 Councilor Waterman provided discussion on the motion. 00:08:53 Councilor Graham provided discussion on the motion. 00:10:01 Councilor Kluesner provided discussion on the motion. 00:10:56 City Manager Russell spoke to the years that have been spent making this project a reality. 00:11:39 Mayor Johnson provided discussion on the motion. 00:13:03 Vote on the motion. Council Member - Kyle Waterman: Motion Council Member - Sam Nunnall : 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. I. CITY MANAGER COUNCIL AND MAYOR REPORTS (No Action' City Manager Doug Russell provided the following report: • Mr. Russell reported back to Councilor Graham that the webpage has been updated to provide additional clarity regarding where the public can access live meeting videos. • A vote on the updated fire code is coming before council at the next regular meeting. This item was discussed at a work session over a year ago, but staff was waiting for the state to adopt those fire codes first. The state still has not, but the city does not wish to wait any longer to move forward with adoption. • Council communication policies will be under discussion during the February 22, 2021 work session. Page 4 of 6 Kalispell City Council Minutes, February 16, 2021 00:14:49 Councilor Hunter requested that Council Members that had voted in favor of Ordinance 1853 at first reading explain why they voted against removing the item from the table tonight. Councilor Hunter stated he felt it was premature for the Governor to remove the mask mandate explaining why he feels that way. He requested a work session on a city-wide mask mandate and explained why. 00:18:40 Mayor Johnson asked Council Members for their desire for a work session on a city- wide mask mandate. Council members Gabriel, Carlson, and Waterman were also in favor of a work session. City Manager Russell suggested that the Council wait to see the outcome of the meeting of the Flathead City -County Board of Health during their meeting on February 18, 2021, and then discuss at the February 22, 2021 work session whether they want to add this item as an agenda item for discussion on another upcoming work session. 00:21:10 Mayor Johnson said he would like to hear from the Health Board on this before the Council discusses. He then spoke regarding the Governor's recommendations to take individual responsibility for their health and wear masks as they see fit. 00:21:56 Councilor Daoud asked a point of inquiry about the tabled item (Ordinance 1853), asking where the motion is and what the options are moving forward. 00:22:28 Mayor Johnson spoke to the practices of the past related to tabled motions and maintaining consistency with past council practices. Mayor Johnson explained that since the item did not come off the table, the Ordinance is dead and would need to be picked up as a new issue going forward. 00:24:30 City Attorney Harball explained that this item could come back up as a new Ordinance if Council so directed staff to bring it forward again. 00:25:03 Councilor Daoud asked that the accessory dwelling unit item be brought back up again at the next convenient work session. 00:25:25 Mayor Johnson asked Council for their views on another work session for this item. Councilor Waterman, Daoud, Hunter and Gabriel were in favor of another work session. 00:25:43 Councilor Kluesner asked that this item not be brought forward again until the Council was in council chambers in person. Councilor Carlson and Councilor Graham would also like this brought forward if in person. 00:26:40 Mayor Johnson spoke to the need for another work session to discuss the numerous amendments that had been brought forth previously. 00:28:34 Councilor Waterman spoke regarding the details and clarifications within the Governor's rescinding of the mask mandate including encouragement of wearing masks and Page 5 of 6 Kalispell City Council Minutes, February 16, 2021 taking responsibility. The details also included the ability of jurisdictions and businesses to require masks. 00:30.31 Mayor Johnson spoke further regarding the Governor's orders and the Center for Disease Control's recommendations. He urged everyone to stay home when feeling ill and get tested for COVID. 00:32:44 Councilor Carlson asked about in person meetings. 00:32:55 City Manager Russell spoke to the challenges of in person meetings and the quarantine process that is still in place. Mayor Johnson spoke regarding his recent experiences with quarantining. He provided discussion regarding how council meetings could take place with Council Members in person. 00:35:29 Mr. Russell stated that if Council would like to move forward with in person meetings, Mr. Russell would recommend social distancing council along the length of the dais with staff socially distanced at tables in the middle of the room. The public could then still participate online. Staff will coordinate and determine if a solution can be found to make that work for the next meeting. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:37 p.m. 40. ♦ •4 EJ =v 1892 rr-= AirAee Brunckhorst CMC c1X' City Clerk .OAP• Minutes approved on March 1, 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — February 15, 2021 — Presidents' Day Next Work Session — February 22, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 1, 2021, at 7:00 p.m. — Council Chambers Watch City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 6 of 6