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04-15-24 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES April 15, 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 7:04 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present 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: 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, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, and Patrol Sergeant Dennis Petersen. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL 00:01:22 City Manager Russell asked that the consent agenda be modified to remove the welcome sign RFP as staff has requested modifications. The item can then be moved to the last item in H. 00:01:47 Motion and Vote to approve the agenda with the amendment as suggested by the City Manager to move consent item 3, "Award Welcome to Kalispell Sign RFP" to the action agenda H. as the last item. Council Member - Sam Nunnally: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Page 1 of 8 Kalispell City Council Minutes, April 15, 2024 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor 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. 1. Council Minutes - April 1, 2024 2. Award 2024 Sidewalk and Curbing Projects This item considers awarding Sandon Construction the contract for sidewalk and curbing projects for the year. 3. - Moved to H. 4. This item eensideFs awar-ding Highline Design the eentr-aet to design and install -a Weleeme to Kalispell sign en the bFidge en the eastem edge of the Par4diae Tr -ail. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 00:02:47 Motion and Vote approving the consent agenda as modified (does not include item E. 3.) Council %%ember - Ryan Hunter: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kan 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Dahlman absent. F. COMMITTEE REPORTS - None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, Mayor Johnson closed public comment. Page 2 of 8 Kalispell City Council Minutes, April 15, 2024 Public comment received to Mayor and Council via email to publiccommentAkalispell.com can be seen at https:Htime.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Charles Hotel Agreement , a This item requests Council approve and authorize the City Manager to execute agreement addendums for the Charles Hotel projects. City Manager Doug Russell provided the staff report. 00:04:12 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:04:26 Motion to authorize the City Manager to execute agreement addendums for the Eagles Lot mixed -use proiect and 3td and Main Lot. Council Member — Kari Gabriel: Motion Council Member — Sandy Carlson: 2nd 00:04:55 Councilor Hunter provided discussion in opposition to the motion. 00:07:36 Councilor Graham provided discussion in favor of the motion. Vote on the motion. 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 - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Gabriel, Carlson, Nunnally, Graham, Fisher, Daoud, and Mayor Johnson in favor, Councilor Hunter opposed, and Councilor Dahlman absent. 2. Ordinance 1919 — First Reading — Changes to Ch. 24, Sidewalks ® a This item considers amendments to Kalispell Municipal Code Chapter 24, Sidewalks. City Manager Doug Russell provided a summary of this item. Page 3 of 8 Kalispell City Council Minutes, April 15, 2024 00:09:32 Deputy Public Works Director Keith Haskins continued the presentation summarizing the changes recommended in the Ordinance. 00:13:1 5 Councilor Hunter asked a question related to the impetus for these code changes. 00:14:06 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:14:27 Motion to approve the first reading of Ordinance 1919, an ordinance amending Chapter 24, Streets and Sidewalks, Articles 1 and 2, of the Kalispell Municipal Codes, declaring an effective date and authorizing the City Attorney to codify the same. Council Member — Sandy Carlson: Motion Council Member — Sam Nunnally: 2nd 00:14:45 Councilor Hunter provided discussion in opposition to the motion. 00:17:24 Councilor Hunter moved to amend the motion to exclude code updates to 24-26, 24-28, 24- 33, 24-34 and until such time, hopefully in about a year, that we can put a measure on the ballot to fund sidewalk infrastructure. The amendment to the motion died for lack of a second. 00:18:20 Councilor Graham asked Councilor Hunter about his amendment request. 00:18:32 Councilor Hunter replied to Councilor Graham's question and elaborated on his views. 00:19:51 Vote on the motion. Council Member - Sande Carlson: Motion Council Member - Sam Nunnally: 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: Absent Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Gabriel, Carlson, Nunnally, Graham, Fisher, Daoud and Mayor Johnson in favor, Councilor Hunter opposed and Councilor Dahlman absent. 3. Appointments to City Advisory Boards and Committees Council will consider the recommendations of the Mayor for appointments to the various boards and committees. Page 4 of 8 Kalispell City Council Minutes, April 15, 2024 Mayor Johnson appointed the following individuals to the city advisory boards and committees. • Mark Pirrie to the Architectural Review Committee. • Everit Sliter to the Conrad Mansion Board. • George Giavasis to the Downtown Business Improvement District. • Arthur Fretheim to the Impact Fee Committee • Mark Pirrie, Joel Schoknecht, and George Giavasis to the Parking Advisory Board. • Pip Burke, Joshua Borgardt, and Shelby Odell to the Planning Commission. • Angela Mielke to the Police Commission. • Bryce Baker and Haley Wilson to the Tourism Business Improvement District. • Bette Albright, April Vomfell, and Emma Merdovic to the Urban Forestry Committee. • Cara Ryan Lemire, and Mike Brodie to the Urban Renewal Agency Board. 00:22:35 Motion and Vote to accept the recommendations and confirm the appointments made by Mayor Johnson (to the Advisory Boards and Committees). Council Member - Kan' Gabriel: 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Dahlman absent. 4. Award Welcome to Kalispell Sign RFP W4D (moved from the consent agenda by motion.) This item considers awarding Highline Design the contract to design and install a Welcome to Kalispell sign on the bridge on the eastern edge of the Parkline Trail. The City Manager provided the staff report on this item explaining the mural component was not included in the RFP request and provided other concerns about that component of the proposal. He would recommend approval of the reward up to $112,000, removing the mural item that was not included in the request for proposals. 00:25:29 Development Services Director Jarod Nygren provided further information. 00:26:22 Councilor Hunter asked questions about the design of the sign. 00:27:10 Councilor Daoud asked questions about agreement modification details. 00:28:25 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 5 of 8 Kalispell City Council Minutes, April 15, 2024 00:28:44 Motion to authorizing the City Manager to enter into a professional services agreement up to $112,000 from the West Side Core Area TIF to utilize in the design, fabrication design, and installation of the sign. Council Member — Sid Daoud: Motion Council Member — Sandy Carlson: 2nd 00:29:50 Councilor Hunter provided discussion on the motion. 00:30:01 Mayor Johnson provided discussion on the motion. 00:30:13 Councilor Graham provided discussion on the motion. 00:30:23 Councilor Fisher provided discussion on the motion. 00:30:34 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Disapprove Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion failed 4 to 4 with Councilors Nunnally, Carlson, Gabriel, and Hunter in favor and Councilors Graham, Daoud, Fisher, and Mayor Johnson opposed, and Councilor Dahlman absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager gave the following_ report: • Street Assessments will be discussed during the April 22, 2024, work session. • Revisit the Opioid Regional Governance Team on May 6, 2024, with a Memorandum of Understanding. • Budget meetings on May 7, and 8, 2024, (at 6 pm). • A work session has been tentatively scheduled for May 10, 2024 to discuss PFAS. A rule was identified last week which identified regulation and limits moving forward from the Environmental Protection Agency. Further testing results have also been received with one well outside of the limits. The regulations provide five years to come into compliance. The City has applications in with the Department of Environmental Quality for $11 million in remediation funds. At the work session we can discuss what approaches might entail. The City is asking Page 6 of 8 Kalispell City Council Minutes, April 15, 2024 for clarification on the ruling and then will issue a press release with the new information. 00:34:32 Councilor Graham asked a question about the Environmental Protection Agency ruling. 00:35:18 Councilor Gabriel asked information about other Montana cities PFAS testing. 00:36:14 Councilor Fisher asked for further information about testing by cities outside of Montana and then asked questions about personal remediation. 00:38:47 Councilor Hunter spoke regarding what information he feels should be included in a press release. He then asked about items that would qualify for state funding related to remediation. 00:40:52 Councilor Nunnally thanked the Kalispell Fire Department and Law Enforcement employees and all the other Fire Departments who worked on the large hotel fire that happened last week. 00:41:40 Councilor Hunter provided discussion related to the welcome to Kalispell sign. 00:42:16 Councilor Fisher provided discussion related to the welcome to Kalispell sign. He then also spoke regarding the mutual aid that occurred during the hotel fire last week. 00:43:10 Councilor Daoud wished Mayor Johnson an early happy birthday. He then talked about his views on income tax. 00-44.42 J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:48 p.m. Aimt Brunckhorst, CMC City Clerk Minutes approved on May 6, 2024 UPCOMING SCHEDULE Next Work Session - April 22, 2024, at 7:00 p.m. - Council Chambers Next Regular Meeting -- May 6, 2024, at 7:00 p.m. - Council Chambers Page 7 of 8 Kalispell City Council Minutes, April 15, 2024 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.N,outube.core'ru cityofkalispellmontana9632%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 8 of 8