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E1. 03-01-21 Council MinutesCITY ,� KALISPELL CITY COUNCIL MEETING MINUTES March 1, 2021, at 7:00 p.m. This meeting occurred with Council and staff present in Council Chambers with social distancing in place, as well as via video conferencing. The public was able to participate via videoconferencing at https://us02web.zoom.us/webinar/register/WN_KOQXz- heTg6uK9v9Y31XTQ. Public comment was also available via email to publi ccomment(2kali spell. com. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. 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 Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Present Council Member - Kyle Waterman: Present Council Member - Ryan Hunter: Present Council Member - Tim Kluesner: Present Council Member - Sid Daoud: Present Staff present in Council Chambers included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, and Development Services Director Jarod Nygren. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Tim Kluesner: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Page 1 of 7 Kalispell City Council Minutes, March 1, 2021 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 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. I. Council Minutes — February 16, 2021 2. Award Bid for 2021 Milling and Paving Award a bid for the 2021 milling and paving contract to LHC, Inc. Award Bid for 2021 Asphalt Materials Award bid for the 2021 asphalt materials contract to LHC, Inc. 4. Ordinance 1855 — Second Reading — Parkline Trail Park Designation This ordinance would designate the Parkline Trail as a park and establish appropriate rules and regulations. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Member - Kyle Waterman: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Aimrove Council Member - Sid Daoud: Approve The motion passed unanimously on roll call vote with Councilor Nunnally absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Persons wishing to address the council were asked to provide public comment via email to publiccommentkkalispell.com or verbally during the video conference. Mayor Johnson opened general public comment. Page 2 of 7 Kalispell City Council Minutes, March 1, 2021 Jamie Quinn, Public Comment Ms. Quinn of 1403 4th Avenue East spoke regarding her disappointment in last week's work session and feels that the social media use under discussion was not a violation of open meeting laws. She explained what she felt would be better use of the Council's time. Seeing no further public comment, Mayor Johnson closed public comment. Public comments received recently to publiccomment(cr�,kalispell. com can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse. aspx?id=141917&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 publiccomment2kalispell.com or verbally during the online meeting. Please provide your name and address for the record. 1. Resolution 6015 - Rockwood Ranch Preliminary Plat Extension This resolution considers extending the preliminary plat for Rockwood Ranch at W. Spring Creek Road and Three Mile Drive for an additional two years. Director of Development Services Jarod Nygren provided the staff report on this item. 07:07:29 PM (00:09:50 Councilor Hunter asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:10:33 Motion to approve Resolution 6015, a resolution approving a two-year extension to the preliminary plat of Rockwood Ranch, described as Tract 1 of COS 20588 in the Northwest Quarter of Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Councilor Hunter brovided discussion on the motion. Vote on the motion. 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: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Page 3 of 7 Kalispell City Council Minutes, March 1, 2021 The motion was approved 7-1 with Councilor Hunter opposed and Councilor Nunnally absent. 2. Consideration of Offer to Purchase Old School Station Lot 9 This item considers an offer from Mark and Janie Cantrell to purchase Old School Station Lot 9. Development Services Director Jarod Nygren provided the staff report on this item. 07:12:01 PM (00:14:27J Councilor Kluesner asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:16:00 Motion and Vote to proceed with the Cantrell offer to purchase Old School Station Lot 9 as presented. Council Member - Kari Gabriel: Motion Council Member - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent 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 Nunnally absent. 3. Consideration of Offer(s) to Purchase Old School Station 3A This item considers offers from Matterhorn Capital, Clifton Jones, and School District Five for Old Station Lot 3A. City Manager Russell began the staff presentation on this item. Community Development Director Jarod Nygren provided further details. Council questions for staff. Public Comment Mayor Johnson opened public comment. Micah Hill, Public Comment Mr. Hill, Superintendent of Kalispell Public Schools provided clarification that they are not running a levy, just going to voter's for approval to purchase the property. Page 4 of 7 Kalispell City Council Minutes, March 1, 2021 00:25:05 Rudy Koestner, Public Comment Mr. Koestner, a relative of the people who submitted an offer on this lot today offered his availability for questions and said that as current owner's in Old School Station, they offer great value. Seeing no further public comment, Mayor Johnson closed public comment. 07:23:58 PM (00:26:25 Motion for Council to accept the buy/sell offers based on the highest purchase price and back up offers in descending value and authorize the City Manager to proceed with actions necessary to complete these agreements under the same development terms as done with previous agreements for lots sold by the City of Kalispell in the Old School Station development. Council Member — Kyle Waterman: Motion Council Member — Kari Gabriel: 2nd 07:25:55 PM (00:28:22) Amendment and Vote to the motion that the offer for the School District be contingent upon them not being able to exempt themselves from city zoning. Council Member - Kyle Waterman: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Abstain Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent Council Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: ADDrove The amendment to the main motion passed on roll call vote with Mayor Johnson abstaining and Councilor Nunnally absent. 00:30:00 2nd Amendment and Vote to the main motion that Council authorize the City Manager to enter into buy -sell agreements based on the time received for the offers contingent upon the offers meeting terms and conditions of other lots in Old School Station. Council Member - Kyle Waterman: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Abstain Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent 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 2nd amendment to the main motion passed on roll call vote with Mayor Johnson abstaining and Councilor Nunnally absent. Page 5 of 7 Kalispell City Council Minutes, March 1, 2021 Vote on the original motion as amended. Council Member - Kvle Waterman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Abstain Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Absent 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 as amended passed on roll call vote with Mayor Johnson abstaining and Councilor Nunnally absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell spoke regarding the success tonight with Old School Station. He spoke regarding the history of the Old School Station issue, and his appreciation for the long- term vision and the trust of the Council to move this complicated item forward. 07:31:01 PM (00:33:28) Manager Russell spoke regarding further discussion at an upcoming work session regarding public policy discussion and council communication. Following last week's work session, Mr. Russell spoke with Dan Clark at the Local Government Center about working with Council on this issue at a future work session in April. Mr. Russell reported that next week's work session will kick off some of our budget meetings with discussion of possible proposals from the Parks and Recreation Department for Lawrence Park. Mr. Russell explained that during the next regular meeting Council will consider the AFSCME Agreement that was ratified last week. 00:36:49 Mr. Russell reported on projects that staff has been working on. He explained that the planned Police Department storage facility building has not gone out for bid yet, but they are anticipating that the costs will be higher than first anticipated due to materials, but are still expecting to be able to pay for that out of impact fees. Mr. Russell reported that an assessment on the wastewater treatment plant fermenter came out worse than expected and a second assessment will be needed to quantify how significant the damage is. Staff will report on that during the second work session this month as it was not budgeted for but will need to rise to the top. At the same work session staff will report on the Total Maximum Daily Load Study (TMDL) to establish criteria in Ashley Creek. 00:38:57 Councilor Waterman expressed his appreciation to be back in Council Chambers. He spoke regarding listening to last week's work session and the spirited nature of the conversation. Page 6 of 7 Kalispell City Council Minutes, March 1, 2021 He spoke regarding finding ways to all work together moving forward. He spoke regarding the Council successes tonight in Old School Station and the park designation of Kalispell Parkline. Councilor Waterman said thank you to the Chamber of Commerce for their years of hard work and sponsorships of the Parades in Kalispell. He looks forward to the opportunity of another organization possibly picking up some of those sponsorships. 00:40:54 Councilor Daoud reminded the community that though the Governor has removed the mandatory mask order, Governor Gianforte has suggested that you still wear a mask. If a business or a private entity requires that you wear a mask in their business, it is their right. He asked that community members take personal responsibility to comply with local businesses and respect their community. 00:42:03 Councilor Gabriel reported that she and Mr. Russell attended a Montana League of Cities and Towns online board meeting with Senator Tester in attendance today. Senator Tester has been working hard to get a package passed for more COVID relief to come through the state with cities able to distribute or have access. J. ADJOURNMENT Seeing no further business, Mayor Johnson adjourned the meeting at 7:41 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 2021 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 8, 2021, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 15, 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 7 of 7