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E1. 07-18-22 Council MinutesCITY ,� KALISPELL CITY COUNCIL MEETING MINUTES July 18, 2022, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public was able to participate in person in the council chambers or via videoconferencing. Public comment was also available via email to publiccomment(cr�,kalispell. 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 Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Public Works Director Susie Turner, Building Official Jeff Clawson, Street Superintendent Gene Come, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Page 1 of 9 Kalispell City Council Minutes, July 18, 2022 Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilors Gabriel, Dahlman, and Fisher 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 — July 5, 2022, and July 111 2022 5� a 0 a 2. Ordinance 1884 — Second Reading — Eagle Valley Ranch Zoning 0 a This item considers a request from Spartan Holdings on 6.78 acres for rezoning to City RA-2 within the Eagle Valley Ranch PUD overlayproperty at 3201 Highway 93 North. 3. Ordinance 1885 — Second Reading — Aspen Creek West Zoning and PUD 0 a This item considers a zone change from R-2 (Residential) to R-3 (Residential) with a Residential Planned Unit Development overlay on 20 acres of land that would include 60 residential lots. 4. Ordinance 1886 — Second Reading — Recreational Amenities Zoning Text Amendment � a This ordinance would add a process for determining fair market value of land for recreational amenities and how those funds could be used by the City. 5. Acceptance of American Rescue Plan Act Competitive Grants 0 a This item considers accepting four ARPA grants totaling $3,041,357 for water, sewer, and wastewater projects. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to annrove the consent agenda. 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 Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Page 2 of 9 Kalispell City Council Minutes, July 18, 2022 Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Gabriel, Fisher, & Dahlman absent. F. COMMITTEE REPORTS - None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Kyle Waterman, Public Comment Mr. Waterman congratulated Council and staff on the completion and grand opening of the Kalispell Parkline and Linear Trail. He spoke regarding the effort that staff, partners and the community have put into the project over the past ten years. Mr. Waterman then spoke as a member of the Kalico Art Center Board of Directors explaining that Kalico Art has closed its Main Street store front and the intention moving forward is for the Art Center to continue without walls so as to be sustainable. They hope to work on partnerships for classes and projects. Mr. Waterman also spoke regarding the mural tours that Kalico will be hosting during the Parkline Celebration on July 21, 2022. Seeing no further public comment, Mayor Johnson closed public comment. 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 publi ccomment(2kali spell. com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Resolution 6083 — Solid Waste Rate Changes N a This resolution considers a four-year step solid waste assessment increase. City Manager Doug Russell provided background on this item. Public Works Director Susie Turner provided additional information. 00:11:35 Councilor Hunter began questions for staff. 00:17:09 Councilor Daoud began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:20:41 Motion to approve Resolution 6083, a resolution to adopt the fees, schedules, rates, charges, and classifications imposed on the customers of the City of Kalispell Solid Waste Utility. 00:21:03 Councilor Nunnally provided discussion on the motion. Page 3 of 9 Kalispell City Council Minutes, July 18, 2022 00:21:37 Mayor Johnson provided discussion on the motion. Vote on the motion. Council Member - Sam Nunnally: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Gabriel, Fisher, & Dahlman absent. 2. Resolution 6084 - Hilton Garden Inn Land Sale & Appraisal � a This resolution considers authorizing the City Manager to execute all documents necessary to effectuate the sale and lease of property to Kalispell Lodging, LLC for land that lies underneath and adjacent to the Hilton Garden Inn building. City Manager Doug Russell provided the staff report on this item. 00:28:52 Councilor Nunnally began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 00:30:11 Motion to approve Resolution 6084, a resolution approving the sale of certain real property commonly known as portion A and portion B of Tract 1A of draft amended plat of Lot 2, Block 1, Airport addition to Kalispell Tract 1, COS 17045 and Parcel 1, COS 12729 and approving the lease of the real property described in attached Exhibit A. 00:30:53 Mayor Johnson asked a question. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Page 4 of 9 Kalispell City Council Minutes, July 18, 2022 Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Gabriel, Fisher, & Dahlman absent. 3. Ordinance 1888 — First Reading - Repeal Firefighter Residency Requirements a This ordinance considers confirming the city electors decision to repeal the firefighter residency requirements. City Manager Doug Russell provided background on this item. 00:33:02 Councilor Hunter began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 00-34-03 Motion to approve Ordinance 1888, an ordinance repealing Article 1, Section II.C. of Ordinance 1337, codified at KMC Section 9-1-1, relating to residency requirements of Kalispell Firefighters, declaring an effective date and authorizing the City Attorney to codify the same. 00:35:02 Councilor Graham provided discussion on the motion. Vote on the motion. 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 Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Gabriel, Fisher, & Dahlman absent. 4. Adobtion of Buildins_ Fire and Enerav Codes — First Readiniz 149 a These ordinances consider adopting the most current building, fire and energy code revisions as adopted by the State of Montana. a. Ordinance 1889 — Building b. Ordinance 1890 — Fire Codes c. Ordinance 1891 — Energy Codes 00:36:36 City Manager Doug Russell began the staff presentation. Page 5 of 9 Kalispell City Council Minutes, July 18, 2022 00:37:00 Development Services Director Jarod Nygren continued the staff presentation. 00:38:15 Councilor Daoud asked questions for staff. 00:38:40 Building Official Jeff Clawson spoke regarding changes within the codes. 00:39:24 Councilor Graham asked questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. 00:40:27 Motion to approve the first reading of Ordinance 1889 to amend Ordinance 1839 by adopting, by reference, The "International Building Code (IBC)", 2021 Edition; The "International Existing Building Code (IEBC)", 2021 Edition; The "International Residential Code (IRC)" 2021 Edition; The "International Mechanical Code", 2021 Edition; The "International Fuel Gas Code", 2021 Edition; The "Uniform Plumbing Code", 2021 Edition; The "National Electrical Code (NEC)", 2020 Edition; And The "International Swimming Pool And Spa Code (ISPC)", 2021 Edition as well as the Associated Amendments To The Administrative Rules Of Montana [Arm] as they may pertain to those portions previously adopted by The City of Kalispell in Ordinance 1839 as the Building Codes of The City Of Kalispell and applicable to the jurisdictional area thereof; subiect to the amendments made, adopted and approved by the Building Codes Program, Commercial Measurements Bureau, Department Of Labor And Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and to establish an effective date. 00:42:45 Councilor Graham provided discussion on the motion. 00:44:50 Councilor Daoud provided discussion on the motion and the remaining motions. 00:47:04 Councilor Graham provided further discussion on the motion. Councilor Daoud provided further discussion on the motion. 00:49:26 Mayor Johnson provided discussion on the motion. Vote on the motion. Council Member - Ryan Hunter: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve Page 6 of 9 Kalispell City Council Minutes, July 18, 2022 The motion passed unanimously on roll call vote with Councilors Gabriel, Fisher, & Dahlman absent. 00:53:41 Motion to approve the first reading of Ordinance 1890, an ordinance to amend ordinance 1856, adopting, by reference, The "International Fire Code" and the Appendices, 2021 Edition (IFO, with the additions, amendments, and deletions to Kalispell Municipal Code Chapter 10 as enumerated and set forth on exhibit "A", as the fire codes of the City of Kalispell, and applicable within the Corporate Boundaries of the City, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date. Discussion on the motion. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilor Daoud opposed and Councilors Gabriel, Fisher, & Dahlman absent. 00:55:08 Motion to approve the first reading of Ordinance 1891, an ordinance to amend Ordinance 1857, adopting, by reference, the "International Energy Conservation Code", 2021 Edition, as the Energy Codes of the City of Kalispell, and applicable to the jurisdictional area thereof; subiect to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. Discussion on the motion. Vote on the motion. Council Member - Ryan Hunter: 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 Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Page 7 of 9 Kalispell City Council Minutes, July 18, 2022 Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilor Daoud opposed and Councilors Gabriel, Fisher, & Dahlman absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • League Conference Registration has opened and will occur the first week of October in Kalispell. • The National League Conference will occur in November • Manager Russell said he will check with the Council liaison on the Health Department to ask about the status of a director for the City -County Health Department. • No work session scheduled for 7-25-22. • Workforce housing inclusion in Urban Renewal Plan — state law is specific in terms of how funds can be used. • Parkline Linear Trail and Park grand opening will happen on July 21, 2022, with the main ribbon cutting at 5:30 p.m. • Manager Russell spoke regarding emails that were received with concerns. 01:00:06 Councilor Hunter asked about the number of submissions that were received for the Eagles Lot request for proposals. 01:01:17 Councilor Daoud spoke regarding his views and principles and said he appreciates the views of the other Council members. 01:02:04 Councilor Nunnally spoke regarding the history behind the need for fire codes. 01:03:10 Mayor Johnson said he would talk with Mr. Kuntz to provide us with a report on the Health Board. 01:03:42 Mayor Johnson said he will be attending a Landfill Board Meeting soon. Thoughts and prayers for the family and co-workers. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:02 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 2022 Page 8 of 9 Kalispell City Council Minutes, July 18, 2022 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting — August 1, 2022, at 7:00 p.m. — Council Chambers Next Work Session — August 8, 2022, at 7:00 p.m. — Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online hgps://www.kalispell.com/480/Meeting-Videos. Page 9 of 9