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E1. 03-20-23 Council MinutesCITY OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES March 2 0, 2 02 3, 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 7:00 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: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Ryan 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, Parks and Recreation Director Chad Fincher, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sam Nunnally: Motion Council Member - Jed Fisher: 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: Approve Page 1 of 9 Kalispell City Council Minutes, March 20, 2023 Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel 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 — March 6_ and March 13. 2023 N a W a 2. Award Sidewalk and Curbing Contract 0 a This item considers awarding the annual sidewalk and curbing contract to Sandon Construction. Ordinance 1902 — Second Reading — Timberwolf Ridge Zoninu and Planned Unit Development Overlay 0 a . This ordinance considers zoning of RA-1, Residential Apartment with a Residential Planned Unit Development overlay on 20.1 acres at 605 Stillwater Road at the intersection of Stillwater Road and Timberwolf Parkway. 4. Ordinance 1903 — Second Reading — Four Mile Well Site Zoning N a This ordinance considers zoning of R-2, Residential for 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. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Chair - Chad Graham: 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: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. F. COMMITTEE REPORTS — None. Page 2 of 9 Kalispell City Council Minutes, March 20, 2023 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 publiccommentkkalispell.com, can be found at: hiips://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 publiccomment(cr�,kalispell. com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Ordinance 1904 — First Reading — Roadway Transactions N a This ordinance considers restricting unlawful transfers on roadways. City Manager Doug Russell provided the staff report for this item. 00:06:53 Councilor Hunter began questions for staff. 00:09:01 Councilor Daoud continued questions for staff. 00:11:15 Police Chief Overman answered questions posed. 00:13:17 Councilor Carlson asked a question of staff. Public Comment Mayor Johnson opened public comment on this item. Walter Rowntree, Public Comment Mr. Rowntree spoke regarding the importance of effectiveness of any ordinances passed and talked about the importance of public announcements explaining to the public the purpose and consequences of the ordinance. 00:17:54 Rudy Kessner, Public Comment Mr. Kessner spoke regarding the roadway definition and agreed with the previous speaker regarding the importance of public service announcements. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received via email to the Mayor and Council at publiccomment@kalispell.com, can be found at: hiips://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. 07:16:46 PM (00:19:24) Motion to approve the first reading of Ordinance 1904, an ordinance to restrict unlawful transfers on roadways within Kalispell City Limits, declaring an effective date, and authorizing the City Attorney to codify the same. Page 3 of 9 Kalispell City Council Minutes, March 20, 2023 Council Chair - Chad Graham: Motion Council Member - Sandy Carlson: 2nd 00:19:42 City Manager Russell provided clarification about a question posed. 00:20:02 Councilor Graham provided discussion on the motion. 00:23:21 Councilor Dahlman provided discussion on the motion. 00:24:09 Councilor Hunter provided discussion on the motion. 00:28:17 Councilor Daoud provided discussion on the motion. 00:30:48 Councilor Nunnally provided discussion on the motion. 00:34:47 Councilor Daoud provided further discussion on the motion. 00:35:31 Councilor Hunter provided further discussion on the motion. 00:35:57 Councilor Graham provided discussion on the motion. 00:38:03 Councilor Hunter provided further discussion on the motion. 00:39:59 Mayor Johnson provided discussion on the motion. 00:44:01 Vote on the motion. Council Chair - Chad Graham: 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: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Fisher, Carlson, Graham, Nunnally and Mayor Johnson in favor and Councilors Dahlman, Hunter, and Daoud opposed, and Councilor Gabriel absent. 2. Resolution 6124 — Recreation Programming and Park Reservation Fees � a This resolution considers revising the fees charged for recreational programs and park reservations. City Manager Doug Russell began the staff report for this item. Parks and Recreation Director Chad Fincher continued the staff report. Page 4 of 9 Kalispell City Council Minutes, March 20, 2023 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:47:57 Pam Carbonari, Public Comment Ms. Carbonari, Executive Director of the Kalispell Downtown Association and President of the Noon Rotary Club spoke on behalf of both organizations as they have both held events in the parks. Ms. Carbonari spoke in opposition to an increase in park reservation fees and does not feel the way the fees are broken down are appropriate and feels the fees are too large for the nonprofits that utilize park facilities for events. She questioned the reasoning for a difference in price between a weekday and weekend event and the breakdown in hours and why she was not consulted prior to this item coming forward before Council. She asked that Council postpone this item to look into the fees further. She talked about the high quality of the recreation programming provided through the city. 00-54-49 Motion to approve Resolution 6124, a resolution amending Resolution 5966, fixing park and recreation fees to be charted by the City of Kalispell Parks and Recreation Department and declaring an effective date. 00:55:42 Councilor Daoud provided discussion on the motion. 00:56:54 Councilor Fisher provided discussion on the motion. 00:58:14 Councilor Hunter asked questions of staff. Parks and Recreation Chad Fincher answered questions. 00:59:57 Councilor Hunter provided discussion on the motion. 01:01:20 City Manager Russell answered questions for staff. Councilor Hunter asked questions of staff. 01:01:56 Parks and Recreation Chad Fincher answered questions. 01:03:25 Mayor Johnson provided discussion on the motion. 01:04:46 Motion to amend the resolution to remove all mention of special event reservation fees. Council Member - Sid Daoud: Motion Council Member — Sandy Carlson: 2nd Discussion occurred as to the intent of the motion to amend and proper wording. Councilor Daoud revised his motion to amend the resolution to keep the special event reservation fees at the level they are now and not increase them. Page 5 of 9 Kalispell City Council Minutes, March 20, 2023 Councilor Carlson withdrew her second to the motion to amend and thus the motion died for lack of a second. 01:07:42 Motion to amend to postpone this item to a future council session. Council Member — Sid Daoud: Motion Council Member — Sandy Carlson: 2nd Vote on the motion to amend. Council Member - Sid Daoud: Motion Council Member - Rvan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilors Carlson, Daoud, Dahlman, Nunnally and Hunter in favor and Councilors Fisher, Graham, and Mayor Johnson opposed, and Councilor Gabriel absent. 3. Ordinance 1905 — First Reading - Vending and Special Event Permit Fees and Defining Event Length for Special Events 0 a This ordinance considers revising the Parks and Recreation fee schedule for vending permits and special events and defining how long special event permits are valid. City Manager Doug Russell began the staff report for this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 01:10:48 Pam Carbonari, Public Comment Ms. Carbonari, Executive Director of the Kalispell Downtown Association and President of the Noon Rotary Club spoke in opposition to an increase in special event permit fees explaining that the fees currently or proposed could not come close to paying for staff time and are not a money maker for the parks, but the fees have a large impact on vendors. She also stated that the time period changes proposed is not business friendly. She does not feel the comparisons with other cities are comparable. She explained her reasoning further. Seeing no further public comment, Mayor Johnson closed public comment. 01:22:28 Motion to approve the first reading of Ordinance 1905, an ordinance amending Ordinance 1741, codified at KMC 15-12, vending in the public way, re2ardin2 vending fees and event Page 6 of 9 Kalispell City Council Minutes, March 20, 2023 length for special events, declaring an effective date and authorizing the City Attorney to codify the same. Council Member — Chad Graham: Motion Council Member — Ryan Hunter: 2nd 01:23:12 Mayor Johnson provided discussion on the motion. 01:25:03 Councilor Nunnally provided discussion on the motion. 01:27:15 Councilor Hunter provided discussion on the motion. 01:29:34 Councilor Fisher asked a question of staff. 01:30:09 Director Fincher answered a question posed. 01:31:08 Councilor Hunter provided discussion on the motion. 01:31:45 Motion to amend to replace the entire content of the proposed ordinance with the following: Ordinance 1905, an ordinance removing Ordinance 1741 and removing sections G & H of KMC 15-12 titled Vendors in the public way. Council Member - Sid Daoud: Motion Council Member — Ryan Hunter: 2nd 01:33:10 Councilor Daoud spoke to his amendment to the motion. 01:34:53 Vote on the motion to amend. Council Member - Sid Daoud: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Disapprove Council Member - Sid Daoud: Approve Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Jessica Dahlman: Disapprove The motion to amend failed with Councilor Daoud in favor and Councilors Carlson, Graham, Hunter, Nunnally, Fisher, Dahlman, and Mayor Johnson opposed and Councilor Gabriel absent. 08:32:59 PM (01:35:37 Vote on the original motion. Council Chair - Chad Graham: Motion Council Member - Ryan Hunter: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Page 7 of 9 Kalispell City Council Minutes, March 20, 2023 Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed on roll call vote with Councilors Carlson, Nunnally, Graham, Fisher, Dahlman, Hunter, and Mayor Johnson in favor and Councilor Daoud opposed and Councilor Gabriel absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Representative Zinke's office asked the city to submit facilities plans for an appropriation request. Zinke's office would like to pursue appropriation funding for improvements to a 3-block section of Two Mile Drive. • The city has been working with the railroad for a long time to purchase a segment of property in the core area to the west of Meridian. Burlington Northern has sent over a buy sell agreement for the property known as the Wye Parcel. Staff will bring this item forward for discussion at the work session on April 10. City Council will not meet March 27, 2023, as it will be spring break, and several council members and staff will be attending the National League of Cities and Towns Conference then. State Legislative Sessions Update: Tuesday, they will be hearing the bills regarding limiting one council member per ward, and the bill changing the year of elections. Staff will supply written testimony (in opposition). On April 11, they will consider a bill to limit late comer agreements to only three years and to make the bill retroactive. Since the bill would essentially kill large infrastructure improvements, the city will be providing testimony and has contacted the owners of some of the latecomer agreements in the area. Manager Russell encouraged people to contact representatives on the House Local Government Committee such as Representative Sprunger. 01:40:35 Councilor Hunter shared information regarding energy efficiency grants from the Federal Government that he feels could possibly be used for solar panels at the wastewater treatment facility and asked for a related work session. He spoke about the energy efficiency and conservation block grant program funds just under $76,000 to cover the cost of a feasibility analysis or an energy efficiency plan. Councilor Hunter also said that through the inflation reduction act local governments can apply for direct pay of clean energy investment tax credits that can be used for funding insulation implementation. He would like to discuss this further. Mayor Johnson asked that Councilor Hunter send the information to Council via email. Page 8 of 9 Kalispell City Council Minutes, March 20, 2023 01:42:24 City Manager Russell spoke saying it doesn't matter where solar panels are installed to receive a credit and spoke to the difficulties of designing a retrofit to the treatment plant. He then spoke to further details about the tax credit mentioned by Councilor Hunter. 01:43:54 Mayor Johnson reported that he spoke with Commissioner Brodehl about the County Commission's vote not to move forward with a septage plant at the proposed location. Commissioner Brodehl reported to the Mayor that they are still looking at further properties or other treatment options as they understand (as does Kalispell) the critical need for a septage plant. Mayor Johnson spoke regarding the legislation being proposed at the state level. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:43 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — March 27, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — April 3, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online hllps://www.kalispell.com/480/Meeting-Videos. Page 9 of 9