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E1. 02-03-25 Council MinutesCITY OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES February 3, 2025, 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/Meeiing: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: Present 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, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Assistant Development Services Director P.J. Sorensen, Assistant Parks and Recreation Director Fred Bicha, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as presented. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Abbrove Council Member - Sandy Carlson: Absent 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 voice vote with Council Member Carlson absent. Kalispell City Council Minutes, February 3, 2025 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 — January 13, January 21, and January 27, 2025 � a &a &a 2. Reimbursement for Upsizing of Lift Station and Force Main a This item considers disbursement of $282,691.36 in sewer impact fee funds to Meadows Edge LLC as City participation in the upsize of the regional lift station and force main located in the Meadows Edge, Phase 4 Development. 3. Approve Payment for City Hall Roof Replacement to Montana Roof Works E a This item considers payment of $82,256.16 which includes accumulated change orders. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as provided. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Abbrove Council Member - Sandy Carlson: Absent 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 voice vote with Council Member Carlson absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, 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/WebLinkBrowse. aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Ordinance 1932 — Second Reading — Municipal Code Revisions for Unsafe Structures and Penalty Application � a Page 2 of 6 Kalispell City Council Minutes, February 3, 2025 This ordinance considers revisions to address the concern of security and safety of vacant buildings. City Manager Doug Russell provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:04:21 Motion to approve the second reading of Ordinance 1932, an ordinance to amend ordinance 1890, adopting new sections 10-12 and 10-13 of Kalispell Municipal Code Chapter 10 as enumerated and set forth on exhibit "A", as a portion of the fire prevention ordinance of the city of Kalispell, and applicable within the corporate boundaries of the city, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date. Council Member — Ryan Hunter: Motion Council Member — Jed Fisher: 2nd 00:05:10 Council Member Graham provided discussion in opposition of the motion. 00:06:57 Council Member Hunter provided discussion in favor of the motion. 00:07:56 Council Member Fisher provided discussion in favor of the motion. 00:08:39 Council Member Graham provided further discussion. 00:09:04 Council Member Daoud provided discussion in opposition of the motion. 00:10:57 Council Member Nunnally provided discussion in favor of the motion. 00:13:03 Council Member Gabriel provided discussion in favor of the motion. 00:14:15 Mayor Johnson provided discussion in opposition of the motion. 00:16:31 Council Member Graham provided further discussion. 00:17:56 Council Member Hunter provided further discussion. 00:19:46 Council Member Daoud provided further discussion. Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Disapprove Page 3 of 6 Kalispell City Council Minutes, February 3, 2025 Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disabbr( Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed on roll call vote 5 to 3 with Council Members Hunter, Fisher, Nunnally, Gabriel, and Dahlman in favor and Council Members Graham, Daoud, and Mayor Johnson opposed, and Council Member Carlson absent. 2) Ordinance 1933 —First Reading —Immanuel Living Skybridge Zoning Text Amendment a This ordinance considers amending Zoning Ordinance 1677 to allow a pedestrian skybridge in B, H, or P zones to encroach into the setback area. Assistant Development Services Director P.J. Sorensen provided the staff report. 00:26:20 Council Member Dahlman asked questions related to other locations that this might apply. 00:27:03 Council Member Hunter asked questions about other requirements and reviews. 00:27:49 Council Member Hunter asked questions related to zoning locations. Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. 00:29:55 Motion to approve the first reading of Ordinance 1933, an ordinance amending the Kalispell Zoning Ordinance 1677, to allow pedestrian skybridge connections over rights -of -way to encroach into setback areas in the City of Kalispell and declaring an effective date. Council Member — Sid Daoud: Motion Council Member — Sam Nunnally: 2nd 00:30:18 Council Member Hunter provided discussion in opposition to the motion. 00:36:27 Motion to amend the Ordinance to remove the business zone from the proposal and postpone that discussion until after a work session. Council Member — Ryan Hunter: Motion Council Member — Jessica Dahlman: 2nd 00:37:53 Council Member Dahlman provided discussion on the amendment to the motion. 00:38:12 Council Member Graham provided discussion on the amendment to the motion. Staff provided clarification on this matter. 00:40:32 Council Member Hunter asked for clarification regarding areas that do not have setbacks. He then provided further discussion. Page 4 of 6 Kalispell City Council Minutes, February 3, 2025 00:43:33 Council Member Fisher provided discussion on the motion. 00:44:13Vote on the amendment to the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 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: Disapprove Council Member - Sid Daoud: Disabbrove Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Disapprove The amendment to the motion failed unanimously on roll call vote with Council Member Carlson absent. 00:44:54 Council Member Graham provided discussion on the main motion. 00:45:53 Council Member Daoud provided discussion in favor of the main motion. 00:46:36 Council Member Hunter provided discussion. 00:47:57 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Abbr( Council Member - Sandy Carlson: Absent 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 L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Immanuel Lutheran has gone through the City in the past to secure construction bonding and may want to do that again for upcoming plans for apartments. A Resolution of Intent will likely come before Council in March. • The next work session will include a discussion on Trails and Sidewalks and the discussions had at the Subcommittee level with another item the Ashley Creek Useability Analysis. Page 5 of 6 Kalispell City Council Minutes, February 3, 2025 Manager Russell will be testifying on Wednesday in the Senate Local Government Committee in opposition to State legislation that if passed would sunset levies, even those which have passed as a permanent levy. He then read current code related to levies and the ballot language from the emergency responder levy recently passed. A companion bill to be heard on the same day would change how levies get approved by saying that if a majority of the qualified electors are voting it passes. 00:55:47 Council Member Daoud informed the public that an email can be sent to the Mayor and Council to provide public comments. 00:56:31 Council Member Graham provided discussion in opposition to the state legislation 00:57:54 Council Member Nunnally spoke regarding the need for legislatures to serve locally. 00:58:19 Mayor Johnson spoke regarding his frustration with the state legislatures. He requested that people ask those running for office specific questions. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:00 p.m. Aimee Brunckhorst, City Clerk Minutes approved on UPCOMING SCHEDULE Next Work Session — February 10, 2025, at 7:00 p.m. — Council Chambers City Offices Closed — February 17, 2025 — Presidents' Day Next Regular Meeting — TUESDAY, February 18, 2025, at 7:00 p.m. — 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/(a�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 cityclerkgkalispell. com. Page 6 of 6