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E1. 03-06-23 Council MinutesCITY OF KALISPELL CITY COUNCIL MEETING DRAFT MINUTES March 6, 2023, 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. Please see the bottom of the agenda to learn how to watch the meeting live or later. 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 7:01 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Absent Council Member - Rvan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Human Resources Director Denise Michel, and Police Captain Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as submitted. Council Member — Sam Nunnally: Motion Council Member — Kari Gabriel: 2na Councilor Daoud made a friendly amendment to change the work session minutes for February 27, 2023, to reflect that Councilor Daoud was not in attendance. Vote on the motion. Page 1 of 11 Kalispell City Council Minutes, March 6, 2023 Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Aimrove Council Member - Jessica Dahlman: Absent The motion passed unanimously on voice vote with Councilor Dahlman 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. Council Minutes —February 21, and February 27, 2023 &a &a 2. Award Milling and Paving Projects for 2023 &a This item considers awarding the 2023 milling and paving contract to LHC, Inc. 3. Award Asphalt Material Contract for 2023 Wa This item considers awarding the 2023 asphalt material contract to LHC, Inc. 4. Award Conrad Mansion Roof Replacement iba This item considers awarding the Conrad Mansion roof replacement to CBX Roofs. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none he closed public comment. Motion and Vote to approve the consent agenda (see amendment to agenda approval showing a change to the work session minutes). Council Member - Sid Daoud: Motion Council Chair - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Dahlman absent. Page 2of11 Kalispell City Council Minutes, March 6, 2023 F. COMMITTEE REPORTS - None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. Public comment received via email to the Mayor and Council at publiccomment@kalispell.com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&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 during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Timberwolf Ridge Annexation. PUD and Preliminary Plat W. This item considers annexation, zoning of RA-1, Residential Apartment, with a Residential Planned Unit Development overlay, and major preliminary plat on 20.1 acres at 605 Stillwater Road at the intersection of Stillwater Road and Timberwolf Parkway. a. Resolution 6118 — Annexation b. Ordinance 1902 — First Reading — Zoning and PUD c. Resolution 6119 — Preliminary Plat Senior Planner P.J. Sorensen presented the staff report. 00:14:29 David Koel, Architect with Cushinz Terrell on behalf of the applicant Mr. Koel provided background on the project from a creative standpoint explaining the height variations and design layout they would like to build. 00:23:58 Councilor Hunter began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:26:07 Motion to approve Resolution 6118, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as parcel A of certificate of survey 16743, situated, lying and being in the southwest quarter of the southwest quarter of the northwest quarter and the northwest quarter of the northwest quarter of the southwest quarter of section 36, township 29 north, ranee 22 west, P.M.M., Flathead County, Montana, to be known as Timberwolf Ridge addition no. 462, to zone said property in accordance with the Kalispell zoning ordinance, and to declare an effective date. Council Member: Chad Graham: Motion Council Member: Jed Fisher: 2nd Page 3 of 11 Kalispell City Council Minutes, March 6, 2023 00:27:17 Vote on the motion. Council Chair - Chad Graham: Motion Council Member — Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: ADDrOve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 00:27:48 Motion to approve the first reading of Ordinance 1902, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell zoning ordinance 1677, by creating a residential planned unit development to be known as Timberwolf Ridge PUD over certain real property more particularly described as parcel A of certificate of survey 16743, lying and being in the southwest quarter of the southwest quarter of the northwest quarter and the northwest quarter of the northwest quarter of the southwest quarter of section 36, township 29 north, range 22 west, P.M.M., Flathead County, Montana in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member — Sid Daoud: Motion Council Member — Sandv Carlson: 2nd 00:28:56 Councilor Hunter provided discussion on the motion. 00:30:17 Councilor Daoud provided discussion on the motion. 00:31:30 Councilor Gabriel provided discussion on the motion. 00:32:16 Mayor Johnson provided discussion on the motion. 00:33:52 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member Council Member - Jed Fisher: Approve - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Page 4 of 11 Kalispell City Council Minutes, March 6, 2023 Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 00:34:10 Motion to approve Resolution 6119, a resolution conditionally approving the preliminary plat of Timberwolf Ridte, described as parcel A of certificate of survey 16743 situated, lying and being in the southwest quarter of the southwest quarter of the northwest quarter and the northwest quarter of the northwest quarter of the southwest quarter of section 36, township 29 north, ranee 22 west, P.M.M., Flathead County, Montana, Council Member - Kari Gabriel: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: ADDrove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 2. City of Kalispell Four Mile Well Site Wa This item considers annexation and initial zoning of R-2, Residential of city -owned property located at 850 Four Mile Drive with the intention of using the property as a well site for inclusion in the city water system infrastructure. a. Resolution 6120 — Annexation b. Ordinance 1903 — First Reading — Zoning Senior Planner P.J. Sorensen presented the staff report. 00:36:56 Councilor Daoud began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:37:42 Motion to approve Resolution 6120, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property described as Tract 1 of Certificate of Survey 12112, containing 1.52 acres, more or less, as filed in the Office of the Clerk and Recorder of Flathead County, Montana, as document No. 9505515180, to be known as Four Mile Well Site Addition 463, to zone said property in accordance with the Kalispell Zoning ordinance, and to declare an effective date. Council Member — Ryan Hunter: Motion Council Member — Jed Fisher: 2nd 00:38:37 Councilor Daoud asked a question of staff. Page 5of11 Kalispell City Council Minutes, March 6, 2023 00-19-01 Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 00:39:25 Motion and Vote to approve the first reading of Ordinance 1903, an ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoning certain real property, more particularly described as Tract 1 of Certificate of Survey 12112, containing 1.52 acres, more or less, as filed in the office of the Clerk and Recorder of Flathead County, Montana as document No. 9505515180 (previously zoned County SAG-5) to City R-2 (Residential), in accordance with the Kalispell Growth Policy Plan -It 2035, and to provide an effective date. Council Chair - Chad Graham: Motion Council Member - Sandv Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 3. Resolution 6121, Spring Creek Park Phases 2 & 3 Preliminary Plat �a This resolution considers preliminary plat approval for a major subdivision on 49.6 acres located to the southeast of the intersection of Three Mile Drive and West Springcreek Road. Senior Planner P.J. Sorensen presented the staff report. 00:49:33 Councilor Hunter began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 6 of 11 Kalispell City Council Minutes, March 6, 2023 00-50-03 Motion to approve Resolution 6121, a resolution conditionally approving the preliminary plat of Phases 2 and 3 of Sprint Creek Park, described as Tract 1 of certificate of survey 20588, a tract of land, situated, lyin2 and being in the northwest quarter of Section 11, Township 28 North, Ranee 22 West, P.M.M., Flathead County, Montana. Council Chair — Chad Graham: Motion Council Member — Kari Gabriel: 2nd 00:50:43 Councilor Graham provided discussion on the motion. 00:51:34 Councilor Hunter provided discussion on the motion. 00:52:33 Mayor Johnson provided discussion on the motion. 00:52:49 Councilor Carlson provided discussion on the motion. 00:53:16 Councilor Hunter provided further discussion on the motion. 00:53:45 Councilor Gabriel provided discussion on the motion. 00:54:21 Mayor Johnson provided discussion on the motion. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 4. Collective Bargaining Agreement with AFSCME Local 256 10a This item considers approving a collective bargaining agreement between the City and the American Federation of State, County, and Municipal Employees Local 256. City Manager Doug Russell provided the staff presentation for this item and included the staff presentation for the next two items. 01:02:06 Councilor Hunter began questions for staff. Page 7 of 11 Kalispell City Council Minutes, March 6, 2023 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:03:43 Motion and Vote to approve the proposed collective bmainin2 agreement between the City and the American Federation of State, County, and Municipal Employees Local 256. Council Chair - Chad Graham: Motion Council Member - Sam Nunnally: Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: ADDrove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 5. Collective Bargaining Agreement with the Kalispell Police Association &a This item considers approving a collective bargaining agreement between the City and the Kalispell Police Association. City Manager Doug Russell provided the staff presentation for this item with item 4. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:04:47 Motion and Vote to approve the collective bargaining agreement between the City and the Kalispell Police Association. Council Member - Sam Nunnallv: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Abbrove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimouslv on roll call vote with Councilor Dahlman absent. 6. Resolution 6122 — Non -Union Salary Adjustment &a This resolution adjusts the wages of employees not represented by the bargaining units, using a market -based review system for each position. Page 8 of 11 Kalispell City Council Minutes, March 6, 2023 City Manager Doug Russell provided the staff presentation for this item with item 4. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:05:38 Motion to approve Resolution 6122, a resolution adiustin2 the salary and compensation of the city officials, supervisors, and all other nonunion employees pursuant to Title 7, Chapter 4, Part 42, M.C.A. commencing on the date indicated herein. Council Member — Sid Daoud: Motion Council Member — Kari Gabriel: 2nd City Manager Russell explained a specific provision within the resolution that allows for flexibility within individual position classification review. 08:08:46 PM (01:07:25) Councilor Daoud provided discussion on the motion related to city officials. 01:07:51 Councilor Fisher asked questions related to the discussion. 01:08:41 Councilor Hunter asked questions related to the discussion. 01:09:45 City Manager Russell answered questions raised. 01:11:25 Councilor Carlson provided discussion. 01:12:11 Council would like to see a comparison of city official compensation. Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Annrove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. 7. Resolution 6123 — Amendment to Personnel Handbook — FMLA W. This resolution considers amending the personnel handbook as it relates to the Family and Medical Leave Act policy. City Manager Doug Russell provided the staff presentation for this item. Page 9 of 11 Kalispell City Council Minutes, March 6, 2023 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01 -14-20 Motion and Vote to approve Resolution 6123, a resolution amending Resolution 5917, the City of Kalispell Personnel Policies Handbook, by revising Section 60-9, Family and Medical Leave. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Dahlman absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • A sample ordinance on transactions in the right of way, as well as a first look at budgeting by reviewing recreation fees and planning fees will be on the next work session. State Legislation Update: It is transmittal week. We are continuing to track legislation and current legislation that has been concerning and we will be providing testimony on bills related to election laws. 01:17:17 Councilor Daoud spoke regarding experiences he has been having testifying and following the Helena Legislation and the large amount of bills attempting to limit local control. He would urge legislators and people who can reach out to them about these bills, to review by imagining how they would read replacing state government with federal government and local government with state government. Councilor Daoud said he has noticed some public commenters changing their wording from unhoused or homeless to vagrants and would caution people on the use of dehumanizing language. 01:19:08 Councilor Hunter provided discussion about previous experiences in another city and views that some of the developments in the city do not create inviting public spaces beyond the development itself and would like further discussion on his views when next reviewing the growth policy and the zoning code. 01:22:51 Councilor Gabriel spoke regarding her and Councilor Dahlman visiting with State Representative Sprunger saying Sprunger was very receptive to conversations about legislation Page 10 of 11 Kalispell City Council Minutes, March 6, 2023 that will be coming through the House Local Government Committee for which she is a member and encouraged others to talk with Representative Sprunger as well. 01:23:47 Mayor Johnson spoke regarding the scope and scale of the City of Kalispell annexation boundaries and future discussions in relation to the boundaries. Mayor Johnson spoke to the frustrations seen with Helena legislation this year and the importance of voting. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:28 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 13, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 20, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480/Meeting-Videos. Page 11 of 11