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E1. 07-03-23 Council MinutesCITY OF KALISPELL CITY COUNCIL `',71 �_-",' MEETING MINUTES July 3, 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 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Chad Graham: Present Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Present Council Member - Sam Nunnally: Present Council Member - Jed Fisher: Present Council Member - Jessica Dahlman: Present City staff present included City Manager Doug Russell, Chief Deputy City Attorney Andrew Clegg, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J. Sorensen, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, Pretreatment Coordinator Del Phipps, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. 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: Absent Council Member - Ryan Hunter: Approve Page 1 of 9 Kalispell City Council Minutes, July 3, 2023 Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on voice vote with Councilor Daoud 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 — June 19, and June 26, 2023 2. Award Cerium the Unified Communications as a Service Proiect This item considers awarding Cerium as the firm to proceed with this project which will replace the city employee phone system in the amount of $88,532.56 for one-time costs and a five-year subscription fee. 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 as published. Council Member - Chad Graham: 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: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on voice vote with Councilor Daoud absent. F. COMMITTEE REPORTS G. PUBLIC HEARING — Preliminary Fiscal Year 2024 Budget Mayor Johnson opened the public hearing and called for public comment. Seeing none, he closed public comment. He extended the public hearing to July 17, 2023. H. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publ i ccomment2kal i spell. com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse. aspx?id=128274&dbid=0&repo=Kalispell. Page 2 of 9 Kalispell City Council Minutes, July 3, 2023 I. 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 publ i ccommentkkali spell. com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Stillwater Bend Phase 1 Final Plat, Subdivision Improvement Agreement and Lift Station Agreement This item considers final plat approval with agreements for a subdivision containing 15 commercial lots on 25.45 acres located near the intersection of Highway 93 North and Rose Crossing. Senior Planner P.J. Sorensen provided the staff presentation. 00:06:32 Councilor Hunter asked about the warranty for the riparian plantings on the south end. Public Comment Mayor Johnson opened public comment. 00:07:56 Rory Younz, Public Comment Mr. Young, with Jackola Engineering spoke on behalf of the applicant and thanked staff for their assistance with this item. Seeing no further public comment, Mayor Johnson closed public comment. 00:08:42 Motion to approve the final plat for Stillwater Bend Phase 1, as well as the subdivision improvement agreement and lift station agreement. Councilor Hunter provided discussion on the motion. 00:10:00 Vote on the motion. 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: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnallv: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. Page 3 of 9 Kalispell City Council Minutes, July 3, 2023 2. Stillwater Crossing Phase 1 Planned Unit Development Amendment and Preliminary Plat This item considers an amended PUD and preliminary plat at 430 Stillwater Road for 24 townhomes and 120 multi -family units. a. Ordinance 1910 —First Reading -Planned Unit Development Amendment b. Resolution 6138 - Preliminary Plat Senior Planner P.J. Sorensen provided the staff presentation. 00:16:38 Councilor Hunter asked about the entrances to the apartments. Public Comment Mayor Johnson opened public comment. 00:17:20 Mike Brodie, Public Comment Mr. Brodie with WGM Group answered Councilor Hunter's question. 00:17:55 Seeing no further public comment, Mayor Johnson closed public comment. 00:18:09 Motion to approve the first reading of Ordinance 1910, an ordinance authorizing and adopting an amendment to the Stillwater Crossing Phase 1 Planned Unit Development enacted by Ordinance 1846. 00:18:50 Councilor Hunter provided discussion on the motion. 00:19:14 Mayor Johnson provided discussion on the motion. 00-19-10 Vote on the motion. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 09:26:01 AM (00:20:01) Motion and Vote to approve Resolution 6138, a resolution conditionally approving the preliminary plat of Stillwater Crossing Phase 1, described as tract 1 on certificate of survey 21158 in the south half of Section 35, Township 29 North, Ranee 22 West P.M.M., Flathead County, Montana, excepting therefrom the Subdivision Plat of Stillwater Crossing Phases 2 Page 4 of 9 Kalispell City Council Minutes, July 3, 2023 and 3, located in the southeast corner of Section 35, Township 29 North, Ranee 22 West, P.M.M., City of Kalispell, Flathead County, Montana. Council Member - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 3. Resolution 6139 - Kalispell North Town Center Phase 4 Preliminary Plat This resolution considers a major subdivision approval for 10 commercial lots, common area, and a new city street generally located south & east of Cascade Loop, west of Jefferson Boulevard and north of Lincoln Street. Senior Planner P.J. Sorensen provided the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:24:29 Motion and Vote to approve Resolution 6139, a resolution conditionally approving the preliminary plat of Kalispell North Town Center Phase 4, described as Lot 1 A of the amended plat of block 3 of Kalispell North Town Center — Phase 2 and lots 8 & 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the south half of section 19 and the north half of section 30, section 19, township 29 north, range 21 west. P.M.M., Flathead County, Montana, excluding therefrom the subdivision plat of Kalispell North Town Center Phase 3, located in the north half of section 30, township 29 north, range 21 west, P.M.M., City of Kalispell, Flathead County, Montana. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. Page 5 of 9 Kalispell City Council Minutes, July 3, 2023 4. Ordinance 1911 — First Reading — Pretreatment and Nondomestic Sewer Use This ordinance considers creation and implementation of a local pretreatment program as required by the Environmental Protection Agency to administer and enforce all national pretreatment standards and requirements. Public Works Director Susie Turner provided the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:29:18 Motion and Vote to approve the first reading of Ordinance 1911, an ordinance of the Kalispell City Council establishing Chapter 23B, Kalispell Municipal Code entitled "Wastewater Pretreatment and Nondomestic Sewer Use Regulations," establishing general wastewater pretreatment and nondomestic sewer use regulations in compliance with State and Federal Laws and particularly title 40 of the Code of Federal Regulations, part 403, establishing reporting and enforcement provisions, declaring an effective date, and directing the City Attorney to codify the same. 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 - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 5. Resolution 6140 — Local Limits Justification This resolution adopts local limits justification as a requirement for a local pretreatment program. Public Works Director Susie Turner provided the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 6140, a resolution to adopt local limit iustification pursuant to Federal and State legal requirements and setting an effective date. Council Member - Ryan Hunter: 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 Page 6 of 9 Kalispell City Council Minutes, July 3, 2023 Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Approve Council Member - Jessica Dahlman: Abbro The motion passed unanimously on roll call vote with Councilor Daoud absent. 6. Resolution 6141 — Sewer Enforcement Response Plan This resolution considers a sewer enforcement response plan as a requirement for a local pretreatment program. Public Works Director Susie Turner provided the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:31:42 Motion and Vote to approve Resolution 6141, a resolution to adopt an enforcement response plan for sewer management pursuant to Federal and State legal requirement and setting an effective date. Council Member - Sandy Carlson: 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: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: Abbrove Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. 7. Ordinance 1912 — First Reading — Municipal Code Update to Chapter 23, Sewers, Sewage Disposal and Drains Code This ordinance considers amending this code to support a local pretreatment program. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the first reading of Ordinance 1912, an ordinance amending Chapter 23 of the Kalispell Municipal Codes entitled Sewers, Sewage Disposal and Drains, declaring an effective date and authorizing the City Attorney to codify the same. Council Member - Jessica Dahlman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Page 7 of 9 Kalispell City Council Minutes, July 3, 2023 Council Member - Chad Graham: Approve Council Member - Sid Daoud: Absent Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Approve Council Member - Jed Fisher: ADDrOve Council Member - Jessica Dahlman: Approve The motion passed unanimously on roll call vote with Councilor Daoud absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Introduction of Chief Deputy City Attorney Andrew Clegg. • Acknowledgement of promotion of Police Chief Jordan Venezio. A community meet and greet will be scheduled soon. • The Department of Revenue will be holding a public meeting to explain taxation notices that they sent out recently. He encouraged the public to attend the meeting on July 12, 2023, from 3 to 6 p.m. at the Hilton Garden Inn as the letters as those numbers do not represent what is even legally possible by state code for local municipalities to tax. A good article by the Montana Free Press explaining taxes is on the city Facebook page. • The next work session will include reviewing a CPSM (Center for Public Safety Management) report to look at Law Enforcement. The fire and EMS CPSM report has been delayed to gather more information. We should be reviewing it around August. We will also discuss dedicated levies including a trails district and what an emergency CPSM levy would look like, timelines, etc. 00:39:37 Councilor Graham explained that the Mayor asked him to attend a meeting with Senator Bob Keenan about House Bill 872, which is for mental health funding. Councilor Graham had visited several mental health providers in the area to gather information and had learned they are very limited. He also talked with faith -based organizations about resources. Graham learned from the meeting with Senator Keenan that they need to wait until July 20, to put the committee together, but are gathering input from community members and stakeholders. They are trying to handle smaller tasks early updating language, etc., and then look into further mental health services. He spoke further about his discussion with Keenan. 00:43:28 Councilor Nunnally thanked Councilor Graham for attending the meeting with Senator Keenan. He then asked staff about city zoning allowances related to mental health treatment drug addiction centers. Staff responded that zoning can be very site specific. 00:44:37 Councilor Graham spoke regarding the state's desire to locate services throughout the state. 00:45:24 Mayor Johnson reminded everyone that city offices will be closed for the holiday, July 4, and reminded the public that fireworks are prohibited in the city limits. He then wished everyone a happy Independence Day. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:50 p.m. Page 8 of 9 Kalispell City Council Minutes, July 3, 2023 Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — June 26, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — July 3, 2023, at 7:00 p.m. — Council Chambers City Offices Closed — July 4, 2023 — Independence Day Holiday 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 hllps://www.kalispell.com/480/Meeting-Videos. Page 9 of 9