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10-07-24 City Council Meeting MinutesCITY OF KALISPELL CITY COUNCIL MEETING MINUTES October 7, 2024, 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 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, Deputy City Attorney Andrew Clegg, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Public Works Director Susie Turner, Assistant Fire Chief Jessica Kinzer, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDAAPPROVAL Motion to amend the agenda to add an item to the end of the agenda to move the meeting to a closed meeting as provided for in Montana Code Annotated 2-3-203 replacing J. and moving the adjournment to item K. Council Chair - Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Kalispell City Council Minutes, October 7, 2024 Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Members Fisher and Carlson absent. 00:03:34 Motion to approve the agenda as amended. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Members Fisher and Carlson absent. E. CONSENT AGENDA All items on the consent agenda will be voted on with 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 — September 16, 2024 2. Award Lower Zone Storage Tank Replacement — Schedule 1: Reservoir 1 Project This item considers awarding the bid for the Lower Zone Storage Tank 1 Replacement Project to Preload, LLC in the amount of $6,424,000. Change Order 4 for the 2023 Tank and Wells Project Schedule 2 This item considers approval of a change order for this project increasing the price by $158,145 and adding an additional 14 days. 4. Confirmation of Firefighter/Paramedics Chris Albrecht and Will Watson This item considers confinnation of firefighters who have completed a one-year probationary period. Page 2 of 13 Kalispell City Council Minutes, October 7, 2024 Motion to approve 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: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Members Fisher and Carlson absent. 00:05:13 Assistant Fire Chief Jessica Kinzer presented Firefighter/Paramedics Chris Albrecht and Will Watson for confirmation after their one-year employee probation providing background regarding both individuals. 00:08:04 Mayor Johnson pinned firefighter badges onto new Firefighters Chris Albrecht and Will Watson and thanked them for their service. 00:09:54 Firefighter Chris Albrecht thanked his family and his new firefighting family and said he is excited to continue working for the City of Kalispell. 00:10:33 Firefighter Will Watson spoke regarding his positive experiences over the past year and his excitement to follow in his father's footsteps and his thankfulness for the support he has been given. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be found at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Resolution 6228 -- Kalispell Golf Association Lease This resolution considers authorizing the City Manager to enter into a lease agreement with the Kalispell Golf Association. Page 3 of 13 Kalispell City Council Minutes, October 7, 2024 City Manager Doug Russell provided the staff report. Public Comment Mayor Johnson opened public comment. 00:14:38 Theresa Williams. Public Comment Williams of 861 North Main Street lives near the golf course and spoke regarding her concerns related to the safety of North Main Street. She spoke regarding people being hit by golf balls and feels a taller fence and a net are needed. She would also like a 25-mph sign put up and spoke regarding speeding and traffic and pedestrian safety concerns. She would like these items considered prior to moving forward with the lease. Seeing no further comment, Mayor Johnson closed public comment. 00:22:32 Motion to approve Resolution 6228, a resolution approving a 30-year lease renewal between the City of Kalispell and the Kalispell Golf Association for the property commonly known as the Buffalo Hill Golf Course. Council Member — Jessica Dahlman: Motion Council Member — Kari Gabriel: 2nd 00:23:14 Council Member Graham asked staff whether the Golf Association would be responsible for handling the public comment concern related to fencing and a net. 00:23:58 Council Member Hunter asked about lease language options. 00:24:15 Council Member Graham provided discussion about the public comment received. 00:25:00 Council Member Daoud provided discussion related to the public comment received. 00:26:38 Council Member Dahlman asked questions of staff about liability. 00:27:59 Motion to amend instead of a thirty-year lease going down to ten. Council Member — Jessica Dahlman: Motion Council Member —Ryan Hunter: 2nd 00:28:22 Council Member Dahlman provided discussion on her motion to amend. 00:28:46 Council Member Hunter provided discussion on the motion to amend. 00:30:14 Council Member Dahlman provided discussion on her motion to amend. 00:30:25 Mayor Johnson asked questions about the future ability to revise the lease. 00:31:07 Council Member Hunter provided further discussion. 00:31:45 Mayor Johnson provided discussion on the motion to amend. 00:32:37 Council Member Hunter provided further discussion. 00:33:01 Council Member Dahlman provided further discussion. 00:33:30 Mayor Johnson provided further discussion. Page 4 of 13 Kalispell City Council Minutes, October 7, 2024 00:34:34 Council Member Graham provided discussion on the motion to amend. 00:35:15 Council Member Hunter provided further discussion. 00:35:49 Council Member Nunnally provided discussion on the motion to amend. 00:36:31 Council Member Daoud provided discussion on the motion to amend. 00:37:18 Vote on the motion to amend. Council Member - Jessica Dahlman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend failed on roll call vote with Council Members Dahlman and Hunter in favor and Council Members Gabriel, Nunnally, Graham, Daoud and Mayor Johnson opposed and Council Members Fisher and Carlson absent. 00:37:45 Council Member Hunter provided discussion on a motion to amend he plans to make. 00:39:04 Motion to amend to remove the final paragraph in section 4, referencing the 2014 agreement and base the lease payment to the best of our ability on market rates. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 00:40:33 Council Member Graham provided discussion on the motion to amend. 00:41:47 Mayor Johnson provided discussion on the motion to amend. 00:42:06 Council Member Hunter provided discussion on his motion to amend. 00:42:26 Council Member Daoud provided discussion on the motion to amend. 00:43:51 Council Member Hunter continued discussion. 00:44:22 Council Member Nunnally provided discussion on the motion to amend. 00:45:05 Council Member Graham provided further discussion. 00:46:46 Vote on the motion to amend. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Page 5 of 13 Kalispell City Council Minutes, October 7, 2024 Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend failed on roll call vote with Council Members Dahlman and Hunter in favor and Council Members Gabriel, Nunnally, Graham, Daoud and Mayor Johnson opposed and Council Members Fisher and Carlson absent. 00:47:03 Council Member Hunter provided discussion on a motion to amend he plans to make. 00:48:19 Motion to amend to revise the fifth sentence in parairaph 7A to say, "the costs associated with any course realignment will be split between the City and the Lessee". Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 00:49:29 Council Member Dahlman provided discussion on the amendment to the motion. 00:50:44 Mayor Johnson provided discussion on the amendment to the motion. 00:52:00 Council Member Hunter provided discussion on the amendment to the motion. 00:52:56 Council Member Daoud provided discussion on the amendment to the motion. 00:53:39 Vote on the amendment to the motion. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend failed on roll call vote with Council Members Dahlman and Hunter in favor and Council Members Gabriel, Nunnally, Graham, Daoud and Mayor Johnson opposed and Council Members Fisher and Carlson absent. 00:54:03 Council Member Hunter provided discussion on the original motion. Vote on the original motion. Council Member - Jessica Dahlman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Page 6 of 13 Kalispell City Council Minutes, October 7, 2024 Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Council Members Gabriel, Graham, Daoud, Nunnally, and Mayor Johnson in favor, Council Members Dahlman and Hunter opposed and Council Members Fisher and Carlson absent. 2) Amend Downtown and West Side/Core Area Urban Renewal Plans to include Workforce Housingas s Eligible for Tax Increment Financing These items consider amendments to the Downtown Plan and the West Side Urban Renewal -Core Area plan to include the creation of workforce housing. These ordinances were tabled indefinitely in October 2022. a. Ordinance 1927 —Amend Downtown Urban Renewal Plan b. Ordinance 1928 —Amend West Side/Core Area Urban Renewal Plan Development Services Director Jarod Nygren provided the staff report. 00:57:11 Council Member Daoud asked questions about general rules for tax increment districts. 00:58:01 Council Member Graham asked about adjustments to AMI. 00:59:53 Council Member Graham asked about passage benefits. 01:02:05 Council Member Dahlman provided discussion. 01:02:39 Mayor Johnson clarified related state law. 01:04:53 Mayor Johnson provided discussion related to state law. Public Comment Mayor Johnson opened public comment. 01:05:57 Russ Miller, Public Comment Miller of Evergreen believes most people do not understand tax increment financing and referenced a document he brought for Council. He spoke on his beliefs that tax increment financing goes bad and is often corrupt and then falls on taxpayers. Mr. Miller spoke further about his dislike for tax increment finance districts referencing a district in Missoula. 01:09:44 Kim Morisaki, Public Comment Morisaki, Executive Director for Northwest Montana Community Land Trust referenced the 54 homes they own in Kalispell. She also referenced her new business ownership at 248 2nd Avenue West, Glacier Monuments, and her need for workforce housing. She encouraged Council to Page 7 of 13 Kalispell City Council Minutes, October 7, 2024 approve this item saying it could make a huge difference in the ability to bring more affordable housing to the community. She then explained why she does not feel it matters which AMI rate is chosen if these ordinances are approved. She asked Council to think about permanent affordability in their future discussions about projects providing examples of how that could work. Seeing no further comment, Mayor Johnson closed public comment. 01:13:39 Motion to approve the first reading of Ordinance 1927, an ordinance amending the Urban Renewal District encompassing a portion of Downtown Kalispell as delineated in the Downtown Plan Amendment to the City of Kalispell Growth Policy Plan -It 2035. Council Member — Jessica Dahlman: Motion Council Member — Sid Daoud: 2nd 01:14:19 Council Member Daoud provided discussion on the motion. 01:15:39 Council Member Graham provided discussion on the motion and asked staff for clarification. 01:17:36 Council Member Hunter provided discussion on the motion. 01:18:15 Motion to amend to 60 to 140 area median income. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:19:17 Council Member Graham provided discussion on the amendment. 01:20:32 Council Member Nunnally provided discussion on the amendment. 01:20:49 Mayor Johnson provided discussion on the amendment. 01:21:02 Vote on the amendment to the motion. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend was approved unanimously on roll call vote with Council Members Fisher and Carlson absent. 01:21:20 Council Member Hunter provided discussion on a further amendment he plans to make. Page 8of13 Kalispell City Council Minutes, October 7, 2024 01:22:33 Motion to amend to require as part of the amendment to these plans that funds must j!o to rental projects that guarantee workforce affordability for a minimum of thirty years or owner housing that guarantee workforce affordability in perpetuity. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd Council Member Hunter provided discussion on the amendment to his motion. 01:23:51 Council Member Dahlman provided discussion on the amendment to the motion. 01:24:35 Mayor Johnson provided discussion on the amendment to the motion. 01:25:37 Council Member Graham provided discussion on the amendment to the motion. 01:27:52 Council Member Hunter provided discussion on the amendment. 01:29:46 Council Member Daoud provided discussion on the amendment. 01:31:41 Council Member Hunter provided discussion on the amendment. 01:32:25 Council Member Daoud provided discussion on the amendment. 01:32:48 Council Member Nunnally provided discussion on the amendment. 01:33:34 Vote on the amendment to the motion. Council Member -Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend failed on roll call vote with Council Members Dahlman and Hunter in favor and Council Members Gabriel, Nunnally, Graham, Daoud and Mayor Johnson opposed and Council Members Fisher and Carlson absent. 01:34:10 Motion to amend so that we require that funds go only to projects that can demonstrate a capacity to ensure both the targeted workforce housing affordability and that residents meet the AMI requirements. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 01:35:18 Council Member Daoud provided discussion on the amendment to the motion. 01:35:37 Council Member Hunter provided discussion on his amendment to the motion. Page 9 of 13 Kalispell City Council Minutes, October 7, 2024 01:36:06 Vote on the motion to amend. Council Member - Ryan Hunter: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend failed on roll call vote with Council Members Dahlman and Hunter in favor and Council Members Gabriel, Nunnally, Graham, Daoud and Mayor Johnson opposed and Council Members Fisher and Carlson absent. 01:36:31 Council Member Hunter provided discussion on the main motion. 01:37:09 Vote on the main motion as amended (with 60 to 140 area median income). Council Member - Jessica Dahlman: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally, : Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: ADmo Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Members Fisher and Carlson absent. 01:37:42 Motion to approve the first reading of Ordinance 1928, an ordinance amending the West Side/Core Area Urban Renewal Plan encompassing a portion of Downtown Kalispell as delineated in the West Side/Core Area Plan Amendment to the Kalispell Growth Policy 2020. Council Member — Jessica Dahlman: Motion Council Member — Kari Gabriel: 2nd 01:38:12 Motion to amend the ordinance to revise the definition of workforce housing to be 60 to 140% AMI. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd Page 10 of 13 Kalispell City Council Minutes, October 7, 2024 01:38:22 Vote on the amendment to the motion. Council Member - Ryan Hunter: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion to amend passed unanimously on roll call vote with Council Members Fisher and Carlson absent. 01:39:12 Council Member Hunter provided discussion on the motion. 01:39:32 Council Member Graham provided discussion on the motion. 01:39:45 Vote on the motion as amended. Council Member - Jessica Dahlman: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sarn Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Members Fisher and Carlson absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • During the meeting on October 28 biosolids are scheduled to be reviewed. In two weeks, Veterans Day falls on a Monday and city offices will be closed, and a group will be going to National League of Cities that week so a work session will not be scheduled the week of November 11. • During the November 4 meeting, the Montana League of Cities and Towns will be present during committee reports to update Council on their legislative resolutions. Page 11 of 13 Kalispell City Council Minutes, October 7, 2024 • The October 14 work session does not have an item ready for discussion so will not occur. • When the meeting tonight is closed for executive session, the video and audio will continue to record, Council and staff will leave the room to another location and then after the closed session, Mayor Johnson will return and adjourn the meeting. 01:42:07 Council Member Hunter spoke in appreciation for the increased policing during Kalispell Kruise events, but he is still feeling an impact at his home. He spoke regarding wanting to look at ordinances to address some of the related issues. 01:43:01 City Manager Russell explained staff can bring forth several ordinance examples for Council to consider on this issue at a future meeting. 01:43:14 Council Member Hunter mentioned the downed perimeter fence at the former Outlaw Inn and asked if there is an update related to possible action from the property owner. Development Services Director Jarod Nygren spoke to conversations with the owner who has indicated construction crews will be onsite by the end of the month. 01:44:35 Council Member Daoud spoke to his belief that the City should continue to pursue problems at the former Outlaw Inn but does not feel it should be with the creation of ordinances. He then spoke regarding workforce housing within the TIF plan and would recommend to a developer who would like to use TIF, to utilize it for infrastructure referencing his concerns regarding possible future state legislative changes. 01:46:58 Mayor Johnson asked about options to address problems at the former Outlaw Inn property. 01:48:01 J. EXECUTIVE SESSION Council and pertinent staff left the room and moved into closed executive session per Montana Code Annotated 2-3-203 to discuss litigation strategy. Mayor Johnson returned, opened the meeting from executive session and adjourned the meeting. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:59 p.m. .. pFZP0 ��'e Ai ee Brunckhorst, CMC SEAL:`� City Clerk rn �- 9 1$2 Minutes approved on October 21, 2024 •.?1VTF� : ✓'6i`�/o r•l a ®`�,\a�`e Page 12 of 13 11 Kalispell City Council Minutes, October 7, 2024 UPCOMING SCHEDULE Next Work Session — October 28, 2024 — Council Chambers Next Regular Meeting — October 21, 2024 — Council Chambers PARTICIPATION Watch 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 or live or later on YouTube at: https://www.youtube.com/ &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, or cityclerk ,kalispell.com. Page 13 of 13