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03-04-24 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES March 4, 2024, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-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 - Sandy Carlson: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present via video conference Council Member - Ryan Hunter: Present Council Member - Sam Nunnally: Present at 7:52 p.m. after action item 2. Council Member - Kari Gabriel: Present at 7:52 o.m. after action item 2. 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, Senior Planner P.J. Sorensen, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as published. Council Member - Ryan Hunter: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Sandy Carlson: 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 voice vote. Page 1 of 13 Kalispell City Council Minutes, March 4, 2024 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 - February 20, and 26, 2024 a a 2. Award Bid for 2024 Milling; and Paving Project 4z This item considers awarding LHC, Inc. the 2024 milling and paving projects. Award Bid for 2024 Asphalt Material This item considers approving LHC, Inc. to supply asphalt for scheduled street maintenance and improvement projects in 2024. 4, Accept Round Up for Safety Grant This item accepts this grant in the amount of $4,632 for Kalispell Police Department SWAT attire. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:03:02 Motion and Vote to approve the consent agenda as published. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Sandy Carlson: 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 voice vote. F. COMMITTEE REPORTS - Landfill Report from David Prunty, Flathead County Public Works Director - a Dave Prunty, Flathead County Public Works Director provided an overview of the planning that the Solid Waste District has been doing. He reviewed a map explaining future expansion plans. (See PDF of map above.) 00:09:46 Mayor Johnson asked questions about the original unlined portion of the landfill. He then asked about water testing around the landfill. Flathead County Public Works Director Dave Prunty answered questions. 00:11:35 Councilor Hunter asked about methane capture. Page 2 of 13 Kalispell City Council Minutes, March 4, 2024 Flathead County Public Works Director Dave Prunty answered questions. 00:13:58 Councilor Hunter asked further about methane capture. Flathead County Public Works Director Dave Prunty answered questions. G. PUBLIC COMMENT Mayor Johnson opened public comment, seeing none he closed public comment. 00:15:36 Jennifer Tipton, Public Comment Ms. Tipton, with the North Shore Water Alliance provided a handout to Council that she read into the record. (attached in the link below). She then spoke with concerns related to the City of Kalispell's consumer water notice related to PFAS recently released. She also spoke with concerns regarding a Lakeside groundwater discharge permit that the Lakeside -County Water and Sewer District is applying for. 00:22:39 Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead spoke regarding a handout she passed around with the description on a bag of Glacier Gold Fertilizer and concerns she has about the Glacier Gold Sludge Agreement on the agenda. She then spoke regarding the recent consumer water notice related to PFAS and the ongoing need for further information on that. She asked numerous questions that she would like addressed at the upcoming open house scheduled for March 7, 2024, from 3pm to 7pm. Ms. Flowers then spoke regarding composting and the County's decision not to build a composting facility. She then spoke with concerns regarding plans that Lakeside -County Water and Sewer District has to use County ARPA funds to create a site to take septic waste for groundwater injection. She provided explanations related to concerns about the safety of bio solid (human waste) compost and would like the agreement with Glacier Gold to include further statements related to the safety of bio solid waste. She spoke to the interest to provide feedback on the possibility of a future city composting facility and alternatives. Ms. Flowers then spoke regarding recycling and the solid waste master planning currently happening. She talked about Citizens for a Better Flathead partnering in the past with Evergreen Disposal (now Waste Connections) to have recycling bins at various schools. She would ask the City to consider working with Wasteside Connections to partner in that way again. 00:34:41 Ron Gerson, Public Comment Mr. Gerson from 4'" Avenue East spoke regarding the EPA's Columbia Falls Aluminum Site Superfund proposal and asked the city to provide a letter in support of a stay of execution on that proposal saying he feels a review of the alternatives and public process were lacking. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment(a,kalispell.com can be seen at https:: itime.ci.kalispel1.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. Page 3 of 13 Kalispell City Council Minutes, March 4, 2024 H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Potential Resolution 6187 - Declaration of Council Vacancy a If applicable, this resolution considers council seats subject to the District Court Order for Cause DV-23-1393 in Wards 1 and 2 be declared vacant. City Managerg Russell provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:38:39 Motion to approve Resolution 6187, a resolution to declare Ward 1 and Ward 2 Council vacancies. Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnallv: Absent 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. 2. Potential Appointment to City Council Vacated Seats in Wards 1 and-2 If applicable and Resolution 6187 passes, this item considers appointments to fill vacant seats in Wards 1 and 2 until successors are elected and qualified. City Manager Doug Russell provided the staff report. 00:40:55 Councilor Daoud asked questions of staff related to process. 00:42:55 Councilor Fisher provided discussion. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:43:56 Motion to appoint Sam Nunnally to Ward 2 and Kari Gabriel to Ward 1, and until the election happens. Council Member - Chad Graham: Motion Council Member — Sandy Carlson: 2nd Page 4 of 13 Kalispell City Council Minutes, March 4, 2024 00:44:36 Councilor Graham provided discussion on the motion. 00:44:57 Councilor Hunter asked that the vote be taken on each Council member separately. 00:45:06 Councilor Graham made a friendly amendment to his motion to have the motion state: Motion to appoint Kari Gabriel to Ward 1. 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: Absent 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. 00:46:10 Motion to appoint Sam Nunnally as interim council member for Ward 2. 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: Absent 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. 00:52:40 Newly appointed Council members Kari Gabriel and Sam Nunnally were sworn in and then joined the Council. 3. Woodland Park Apartments Annexation and Zoning This item considers annexing property at 520 Lenwood Lane and along the east property line of 51, 55 and 75 Woodland Park Drive, with zoning of B-1, Neighborhood Business. a. Resolution 6188 - Annexation b. Ordinance 1918 — First Reading - Zoning Senior Planner P.J. Sorensen provided the staff report. 00:57:11 Mayor Johnson asked questions related to boundary lines. Page 5 of 13 Kalispell City Council Minutes, March 4, 2024 Senior Planner P.J. Sorensen answered questions. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:58:03 Motion to approve Resolution 6188, 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 a Tract of Land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 north, Range 21 west, P.M.M, Montana, Flathead County, more particularly described as Lot 12 of said block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adioining the west line of Lot 12 and the east line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per road abandonment no. 522 to be known as Woodland Park Apartments Addition no. 469, to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. 00:59:2'' Councilor Hunter 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: 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: Approve Council Meml° - The motion passed unanimously on roll call vote. 01:00:09 Motion to approve Ordinance 1918, 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 a tract of land in Block 3 of Phillip's Addition to Kalispell in the southeast quarter of Section 8, Township 28 north, Range 21 west, P.M.M, Montana, Flathead County, more particularly described as Lot 12 of said block 3 of Phillip's Addition to Kalispell and that portion of the abandoned alley adjoining the west line of Lot 12 and the east line of Lots 13-16 of said Block 3 of Phillip's Addition to Kalispell, per road abandonment no. 522 (previously zoned county R-5 (two family residential) to city B-1 (neighborhood business), in accordance with the Kalispell Growth Policy Plan — It 2035, and to provide an effective date. Council Member — Chad Graham: Motion Council Member — 2nd Mayor Johnson provided discussion on the motion. Page 6 of 13 Kalispell City Council Minutes, March 4, 2024 Vote on the motion. Council Chair - Chad Graham: 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 - 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. 4. Resolution of Intent 6189 — Land Use Public Participation Plan ;-; This item considers setting a public hearing date of March 18, 2024, to take comments on this plan. Senior Planner P.J. Sorensen provided the staff report. 01:04:32 Councilor Graham asked questions related to the growth policy and how it relates to the land use plan. He then asked questions about the public comment process related to the land use plan that is being mandated by the State. Senior Planner P.J. Sorensen answered questions. Development Services Director Jarod Nygren answered questions and clarified the process. Public Comment Mayor Johnson opened public comment. 01:09:02 Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead will be encouraging the public to participate in the hearing and spoke to her disappointment that the State legislation made this decision. She asked that the Growth Policy be brought to the Council for approval. She would like the Council to _join in on an amicus brief against the legislation. Seeing no further public comment, Mayor Johnson closed public comment. 01.-11.-59 A Resolution of Intent to enact a Land Use Public Participation Plan as required by section 76-25-106, M.C.A., of the Montana Land Use Planning Act, in order to provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant thereto, setting a public hearing and directing the city clerk to provide notice thereof. 01:12:47 Councilor Hunter provided discussion on the motion related to the state legislation. 01:14:03 Councilor Daoud provided discussion on the motion related to the state legislation. Page 7 of 13 Kalispell City Council Minutes, March 4, 2024 01:15:01 Mayor Johnson provided discussion on the motion related to the state legislation. 01:18:11 Vote on the motion. Council Member - Sid Daoud: 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: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote. 5. Sludge Management Agreement with Glacier Gold LLC CD This item considers an updated agreement for disposal of sewage sludge. 01:18:53 Public Works Director Susie Turner provided the staff report. 01:21:50 Councilor Hunter asked about safety related to the compost. Public Works Director Susie Turner answered questions. 01:23:19 Councilor Nunnally asked questions related to the biosolids. 01:23:57 Councilor Fisher spoke to the process that is used in the process. 01:24:44 Councilor Hunter asked questions related to testing. 01:26:25 City Manager Russell spoke to the legal aspects of regulation. 01:27:08 Public Comment Mayor Johnson opened public comment. 01:27:14 Jennifer Tinton, Public Comment Ms. Tipton, Board Chair of the North Shore Water Alliance spoke encouraging Council to watch a PBS documentary related to the use of biosolids in compost and in land application related to PFAS. She then spoke to related news she has seen about contaminants within biosolids used in compost and in land applications, and her related concerns. 01:30:26 Mayre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead spoke to and asked questions related to the amount of biosolids in the larger community that are sent to the Flathead County landfill. She talked about the methane gas generating electricity at the County Landfill. She spoke to expected expanding regulations in various areas and questions that need to be asked related to Page 8 of 13 Kalispell City Council Minutes, March 4, 2024 contaminants. She asked that the agreement with Glacier Gold be modified related to requiring disclosures by Glacier Gold. 01:34:05 Martin Ruppens, Public Comment Mr. Ruppens of 745 Third Avenue East spoke to his experiences in horticulture and his use of Glacier Gold Compost and his experience that his tomato seeds do not grow with Glacier Gold and feels serious testing needs to be done on the use of biosolids in compost. 01:35:51 Seeing no further public comment, Mayor Johnson closed public comment. 01:35:59 Motion to approve the updated sludge management agreement with Glacier Gold. Council Member — Sid Daoud: Motion Council Member — Kari Gabriel: 2nd 01:36:13 Councilor Daoud provided discussion on the motion. 01:37:48 Councilor Fisher provided discussion on the motion. 01:38:10 Councilor Hunter asked questions about the process for renewal of the agreement. He then spoke to questions he has and provided discussion. 01:40:31 Motion to amend to change the agreement to be only for 1 year and that renewal of the agreement would have to come before council and in the interim more information be researched on the risks of these issues both legal and health for the community and we have more information to judge this on in a years' time. Council Member - Ryan Hunter: Motion The motion died for lack of a second. 01:41:11 City Manager Russell provided information about the form of the agreement. 01:41:40 Councilor Gabriel asked for clarification. Manager Russell provided further clarification. 01:44:55 Council would like to have the agreement brought forth for further discussion at the one-year renewal period. 01:45:34 Councilor Nunnally provided discussion on the motion. 01:45:59 Mayor Johnson provided discussion on the motion. 01:49:08 Councilor Gabriel asked a question related to limits allowed at the Landfill. 01:49:50 Public Works Director Susie Turner answered questions. 01:51:23 Councilor Hunter provided discussion related to disclosure. Page 9 of 13 Kalispell City Council Minutes, March 4, 2024 01:51:59 Councilor Dahlman provided discussion on the motion. 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: 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. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • The City Manager, Mayor and several Council members will be attending meetings at the National League of Cities next week so there will not be a council meeting March 11, 2024. • Ballots have been sent out for the dedicated emergency response levy. He would encourage everyone to get out and vote and be educated on the issue. He then provided clarification related to how impact fees can be used. 0 4 City Manager Russell spoke to an open house scheduled for this Thursday, March 7 from 3 to 7 pm at City Hall for city staff to answer questions and provide information related to the Consumer Drinking Water Notice sent out last week stating that PFAS were found in two city water wells. He spoke about the unregulated nature of PFAS and how related recommendations and information has changed over time. 01:56:34 Public Works Director Susie Turner provided background on PFAS and spoke to a work session brought to Council in 2022 regarding water and sewer emergent contaminants that included PFAS. She provided a background on these unregulated PFAS which is the general term used for thousands of chemicals. She provided information about the extensive products that have PFAS and PFOS and their prevalence in water, air, and soil. She then spoke to the unregulated nature of these chemicals. The Environmental Protection Agency is working on regulations right now, but it is unclear when those regulations will be active or what they will be. She talked about sampling that was done by the city over the years related to an EPA rule. She talked about the improvement of analysis technology in recent years. The city did voluntary sampling and did get some detections. �z Public Works Director Susie Turner explained a table she provided on the screen related to those detections and the results. The table also explained proposed regulations that could be coming. She talked about the technology currently available to detect the contaminants and how hard it is to do the analysis. She spoke further related to sampling and related results. Page 10 of 13 Kalispell City Council Minutes, March 4, 2024 02:07:49 Mayor Johnson provided feedback on the table provided related to listing the timeframes when sampling was done and no detects were found. 02:08:26 Councilor Hunter asked questions that were brought up in public comment. 02:08:59 Public Works Director Susie Turner said there is no relation to the construction being done near Flathead Valley Community College and this topic. She then spoke to the way water blending is working within the city water system with multiple wells all leading to the same water piping and storage facilities. She explained the complexity of sampling for PFAS, and the plans to continue sampling to get additional data. 02.12:04 Councilor Hunter asked questions related to funding if the city will need to take action. Public Works Director Susie Turner answered questions about funding and explained that the city is moving forward to apply for those funds. 02:12:58 Councilor Hunter provided discussion about news he has seen related to PFAS, and potential future legal ramifications against manufacturers. Manager Russell spoke to the city being aware of and researching possible legal outlets. 02:13:54 Councilor Fisher provided discussion and asked questions related to timing of testing and subsequent results. 02:15:15 Councilor Graham asked questions about testing in other municipalities. 02:15:20 Public Works Director Susie Turner talked about rules regarding UCMR testing. 02:15:49 Water Superintendent Joe Schrader provided information related to EPA requirements for smaller municipalities like Columbia Falls and Evergreen and sampling that has and has not taken place. 02:17:11 Councilor Hunter asked questions about how potential development in lower valley might impact city water service. 02:18.30 Public Works Director Susie Turner spoke to Hunter's questions and then reminded the public that we will be having an open house in council chambers on March 7, 2024, from 3 pm to 7 pm to talk through the information with the public. 02:20:17 City Manager Russell spoke regarding the police and fire impact fees that will be reviewed this year during the budget process. 02:20:57 Councilor Daoud thanked staff for the presentation on PFAS. He talked about previous discussions with Council on PFAS and his appreciation of staff related to voluntary testing. Councilor Daoud spoke regarding the extensive legal restrictions related to how impact fees can be used. Page 11 of 13 Kalispell City Council Minutes, March 4, 2024 02:22:41 Councilor Daoud spoke to the differences and his views between state and local legislation practices and the ability for people to directly interact and work with elected officials at the local level. 02:23:52 Councilor Hunter spoke to ideas he has recently heard regarding recycling in the valley. 02:24:52 Councilor Hunter talked about the Columbia Falls Aluminum Company Superfund site proposed EPA actions and concerns related to the nearby river and groundwater. He would be in support of a letter similar to what the County sent. 02:25:34 Councilor Nunnally stated his confidence in the integrity of the Flathead County Election Department and the upstanding way they handled the ward boundary issue that caused the need for another election for Ward 1 and 2. He hopes the public will keep faith in the Election Department moving forward. 02:26:27_Councilor Nunnally thanked Police Chief Venezio for a presentation he provided last week on the emergency responder levy. He then spoke with appreciation of other city staff in their work on educating the public about the emergency responder levy. 02:27:01 City Manager Russell spoke to the emergency responder levy committee that has been preparing messaging points and educational materials and his appreciation of the committee. 02:27:53 Councilor Dahlman would also be in support of a Columbia Falls Aluminum Company Superfund site letter. 02:28:11 Mayor Johnson would also be in support of a Columbia Falls Aluminum Company Superfund site letter to the EPA similar to that provided by Flathead County. City Manager Russell spoke to the process of drafting a letter to the EPA on the Columbia Falls Aluminum Company Superfund site. 02:29:36 Mayor Johnson would like an update related to the lawsuit MAID vs Montana related to land use state legislation and a general discussion about the possibility of an amicus brief. He spoke further about his frustrations related to the legislation and the lack of local control. 02:30:33 Mayor Johnson spoke regarding talking over the weekend with a Fire Union representative who came to his door to talk about the emergency responder levy. Mayor Johnson then spoke to the levy. 02:32:44 Mayor Johnson provided condolences to Flathead County Commissioner Brad Able on the untimely death of his wife to cancer asking the public to keep him in their thoughts. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:35 p.m. Page 12 of 13 Kalispell City Council Minutes, March 4, 2024 Aim e Brunckhorst, CMC = hr``'SEAI-c City Clerk V . �J 892 : r-� Q-: Minutes approved on March 18, 2024 ill UPCOMING SCHEDULE Next Regular Meeting — March 18, 2024, at 7:00 p.m. — Council Chambers Next Work Session — March 25, 2024, at 7:00 p.m. — Council Chambers PARTICIPATION Watch City Council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480,,Meeting-Videos. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: ht s://www. routube.com/(a)cit ofkalis ellmontana9632/streams. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. Page 13 of 13