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
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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