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03-18-24 City Council Meeting MinutesCITY 7��� KALISPELL CITY COUNCIL MEETING MINUTES March 18, 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:i',Iwww.kalispell.com/480/,Nleetin2-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 - Karl Gabriel: Present Council \Iember - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Absent Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, 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 - Sam Nunnally: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Absent Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve Page 1 of 7 Kalispell City Council Minutes, March 18, 2024 The motion passed unanimously on voice vote with Councilors Graham and 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 - March 4, 2024 2. Ordinance 1918 - Second Reading Woodland Park Apartments Zoning This item considers zoning property B-1, Neighborhood Business at 520 Lenwood Lane and along the east property line of 51, 55 and 75 Woodland Park Drive. 3. Confirmation of Police Officers Daniels, Miller and Garner This item considers confirming Officers Tyler Daniels, Seth Garner, and Michael Miller as they have completed their one-year probationary period. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote approving the consent 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 - Sam Nunnally: Approve Council Chair - Chad Graham: Absent Council Member - Jed Fisher: Annrove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimouslv on roll call vote with Councilors Graham and Dahlman absent. 00:02:33 Police Chief Jordan Venezio introduced the newly confirmed Officers providing information and acclamation about them and thanked their families for their support at home. 00:05:39 Mayor Johnson pinned badges on the newly confirmed Officers and said a few words to each. 00:07:12 Previous Police Chief and current Montana representative for House District 7 Frank Garner pinned the badge onto his son, Officer Seth Garner and congratulated him. 00:08:37 Officer Seth Garner thanked the community saying it is his honor to work here and spoke regarding his experiences. Page 2 of 7 Kalispell City Council Minutes, March 18, 2024 00:09:11 Officer Michael Miller spoke to his experiences with his transfer into Kalispell Police and his excitement for continuing to grow into this position. 00:09:55 Officer Tyler Daniels thanked the City saying it is an honor, and privilege to serve Kalispell. F. COMMITTEE REPORTS — None. G. PUBLIC HEARING — Land Use Public Participation Plan MG Council will accept comments on a public participation plan related to how communication and engagement will be solicited in the adoption of a future Land Use Plan and regulations as required by State Senate Bill 382, the Montana Land Use Planning Act. Senior Planner P.J. Sorensen provided a staff report. 00:17:34 Mayor Johnson opened the public hearing and called for public comment. Jack Hart, Public Comment Mr. Hart of 133 First Avenue East said he would encourage full engagement in creation of the land use plan. He then spoke in favor of Senate Bill 382 and asked that Council not file an amicus brief in the lawsuit related to the bill and spoke regarding his thoughts on housing. Mavre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead said she feels Senate Bill 382 takes away local control and voice providing further reasoning for her view. She would be in favor of Council filing an amicus brief in the lawsuit related to the bill. She would ask that the public participation plan be more robust, asking that stakeholder meetings be open to the public, and offer additional listening and questioning sessions. She would like to see data available to understand where infrastructure will allow growth, asking people what they would like to know about the growth policy, etc., and then provide ways to help the public understand. She referred positively to the Whitefish public participation plan other than final land use plan approval being made by Whitefish staff instead of Council. Seeing no further public comment Mayor Johnson closed public comment and closed the public hearing. H. PUBLIC COMMENT Mayor Johnson opened public comment, seeing none he closed public comment. Mavre Flowers, Public Comment Ms. Flowers with Citizens for a Better Flathead spoke regarding her request and Council discussion at the last meeting to write a letter to the Environmental Protection Agency about a pause on the Columbia Falls Aluminum Superfund Site decision. She spoke to a letter received soon after from the EPA that was cc'd to Council. She reported that the Coalition for a Clean CFAC met with representatives of the EPA and Department of Environmental Quality who seemed very receptive to the discussion, as was the Coalition to the governmental representatives. She reported further on that meeting and a subsequent hearing they attended at the legislature as the Environmental Quality Council had scheduled a hearing on the CFAC Page 3 of 7 Kalispell City Council Minutes, March 18, 2024 clean-up and status. Everyone was heard at that hearing as well. She would continue to urge the Mayor to move forward with a letter to the EPA urging the pause. 00:35:32 The County Commission revised their meeting agenda today for their meeting tomorrow placing a proposal for an interlocal agreement (with Lakeside County Water & Sewer District) providing $21 million in ARPA funds to address the septic waste issue within the County. The Lakeside District has not received any permits related to taking the septage waste from the County. Citizens for a Better Flathead feel a pause should be taken before granting that interlocal, not feeling it is appropriate without the permits in place. She spoke regarding a company that may have an alternative way of dealing with that waste and would like the County and the cities to look into that. If the County is not interested, she would ask the City of Kalispell to look into it. 00:41:35 Ms. Flowers spoke to the history of several recycling bins purchased by the City that were placed at schools in the past, with the schools offering accompanying education and would encourage the City to partner with schools again. She will also be attending the County Solid Waste Board to consider a partnership to encourage waste reduction in the community. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at https:.': time. ci.kalispell. mt. us/ WebLink/Browse. aspx?id= 128274&dbid=0&repo=Kalispe_11. I. REPORTS,_ RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Appointment to the Tourism Business Improvement District WG This item considers the appointment of Brandon Brookshire to the TBID. Mayor Johnson appointed Brandon Brookshire to the Tourism Business Improvement District. 00:42:55 Motion and Vote to accept the Mayors appointment recommendation to the Tourism Business Improvement District. Council Member - Karl Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kan Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Absent 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 Councilors Graham and Dahlman absent. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) Page 4 of 7 Kalispell City Council Minutes, March 18, 2024 City Manager Doug Russell provided the following staff report: • A request from the Tourism Business Improvement District has been received to increase their per night lodging assessment from $2 to $4. Council indicated they would like a related committee report from the TBID. 00:44:50 • At the March 25, 2024, work session, council will hear an update from the developers of the Charles Hotel and parking garage; as well as looking at current code related to sidewalk maintenance. • Last week while in Washington DC for the National League of Cities, the City Manager, Mayor, and Council members Carlson and Gabriel had a drop -in meeting with the Environmental Protection Agency (EPA) which led to a direct meeting with the Policy Director at the EPA offices for a discussion regarding PFAS. Manager Russell referenced a November 2022 work session about emerging contaminants and the ongoing lack of guidance or rules on PFAS. At the meeting last week with the EPA, they indicated they are weeks away from issuing regulations related to PFA testing. They said PFA noncompliance will be based on a testing trendline and not based on a specific date in time. The City needs to keep testing to determine a trend line over time and keep looking to the EPA for more guidance. The EPA said they are making recommendations based on 20°'0 of a person's lifetime exposure to be from water. PFAS are also currently unregulated in food and bottled water. • The application to install solar parking lot lighting and driver/pedestrian feedback signs with a Federal Energy Grant was denied as they won't fund conservation installations, only retrofits. The program staff for the program are recommending the purchase of Hybrid vehicles with the $75,000 allocated to Kalispell. 00:51:25 Councilor Hunter asked whether we would be looking at hybrid vehicles that plug in. He then said that hybrid vehicles sometimes do not improve fuel efficiency. He would like to see the funds used to create a plan for a solar panel system with the hope that future funds would be available for implementation. City Manager Russell provided information about the discussion on the Energy Grant. 00:54:42 Mayor Johnson provided discussion about the funds stating his preference for the hybrid vehicles. 00:56:11 Councilor Nunnally provided discussion about the funds agreeing with the Mayor. 0 The final day to vote on the Emergency Responder Levy is tomorrow. 00:56:14 Councilor Hunter asked whether stakeholder meetings related to the Land Use Plan would be noticed. 00:56-27 Development Services Director provided information about how stakeholder and other meetings will take place. Page 5 of 7 Kalispell City Council Minutes, March 18, 2024 00:57:18 Councilor Hunter asked about the possibility of meeting with the company mentioned in public comment from Mayre Flowers related to biosolids. Councilor Hunter spoke to the value of the annual trips by staff and Council to Washington DC to meet with representatives and agencies. 00:58:00 Councilor Hunter spoke to the PFAS concerns within the community. He asked whether the City could look into funds to purchase filters for people's homes on a first come first served basis. 00:59:39 City Manager Doug Russell provided discussion on Councilor Hunter's request. 01:02:07 Councilor Nunnally spoke to the value of the Washington DC meetings and then asked about the benefits of the National League Conference. City Manager Russell spoke about his experiences at the National League Conference. 01:04:20 Councilor Carlson said she was grateful for the opportunity to go to the National League Conference and the value of private meetings with representatives in person and get their perspectives. 01:05:07 Mayor Johnson said the individual meetings with representatives and government agencies is very important. He spoke regarding his perspective on the conference. 01:07:31 Councilor Nunnally thanked Manager Russell, Chief Venezio, and Parks staff related to their response to a social media post about a mess within Woodland Park and the related clean up. 01:08:42 Councilor Gabriel spoke to PFAS and what filters would be appropriate. 01:09:13 Councilor Hunter spoke to filters he has done research on. City staff mentioned that the EPA lists appropriate filters. 01:10:24 Mayor Johnson referenced a Supreme Court case today about suppression of the first amendment and then referred to Senate Bill 382 and his views about 382 stripping first amendment rights. He spoke further about the importance of public comments on individual projects. Mayor Johnson referenced another Supreme Court case related to freedom of speech stating that politicians can be sued if they block negative comments on social media. He spoke further about Federal legislation and his views on the process and the importance of public comment. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:14 p.m. Page 6 of 7 Kalispell City Council Minutes, March 18, 2024 Aim& Brunckhorst, CMC City Clerk Minutes approved on April 1, 2024 UPCOMING SCHEDULE Next Work Session — March 25, 2024, at 7:00 p.m. — Council Chambers Next Regular Meeting — April 1, 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: https://www.youtube.com/ _,cityofkalisnellmontana9632 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 7 of 7