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09-03-19 City Council Meeting MinutesKALISPELL CITY COUNCIL MEETING MINUTES TUESDAY, September 3, 2019, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Mark Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present (arrived at 7:09 p.m.) Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Present Council President - Chad Graham: Present Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council Member - Kyle Waterman: Present Staff members present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Finance Director Rick Wills, Planning Director Tom Jentz, Senior Planner Jarod Nygren, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the alZenda as submitted. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Carlson and Gabriel absent. Page 1 of 7 Kalispell City Council Minutes, September 3, 2019 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 — August 19, 2019 a 0 2. Award Bid for Four Mile Drive Water Transmission Project a This item would award the bid for the Four Mile Drive Water Transmission Main Project to Sandry Construction in the amount of $2,085,590.00. Award Bid for Sylvan Drive Storm Sewer Rehabilitation Project, Phase II 0 a This item would award the bid for the Sylvan Drive Storm Sewer Rehabilitation Project, Phase II, to NCC Neumann Construction in the amount of $96,635.00. 0 4. Confirmation of Firefighter Wesley Barr a Wesley Barr has completed his probationary period with the Kalispell Fire Department and Council confirmation is requested. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to annrove the consent agenda as submitted. Council Member - Wayne Saverud: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandv Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Carlson and Gabriel absent. Fire Chief David Dedman introduced newly confirmed Firefighter Wesley Barr providing information about his background and achievements. The Mayor pinned Firefighter Barr with the City of Kalispell Firefighter badge. F. COMMITTEE REPORTS — None. Page 2 of 7 Kalispell City Council Minutes, September 3, 2019 0 G. PUBLIC HEARING — Wastewater Facility Plan Update a Council will accept comments regarding the Council's intent to update the wastewater facility plan. Mayor Johnson opened the public hearing and called for public comment. Seeing none, he closed the public hearing. H. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Mayor Johnson opened general public comment. Seeing none, he closed public comment. I. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Resolution 5941 — Budaet — City-Countv Health Department a This resolution would approve the levy request for the City -County Health Department for fiscal year 2019-2020. This item was tabled at the August 19 City Council meeting for discussion at the August 26 Council Work Session. Motion to take Resolution 5941 off the table. Council Member - Kyle Waterman: Motion Council Member --Phil Guiffrida: 2nd Councilor Gabriel joined the meeting. Councilor Guiffrida began questions for staff. The County Finance Director responded to questions from Council. 00:12:45 Councilor Kuntz continued questions. 07:12:44 PM (00:13:32) Vote on the motion to take the passage of Resolution 5941 off the table. Council Member - Kyle Waterman: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Page 3 of 7 Kalispell City Council Minutes, September 3, 2019 Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion to take the Resolution off the table passed unanimously on voice vote with Councilor Carlson absent. 07:12:56 PM (00:13:44) Amendment to the motion on the table to strike the number 5.99 and insert 4.90. Council Member — Rod Kuntz: Motion Council Member — Phil Guiffrida: 2nd Councilor Kuntz began discussion on the amendment to the main motion. 07:17:56 PM (00:18:44) Councilor Waterman provided discussion on the amendment. 07:19:08 PM (00:19:55) Councilor Guiffrida provided discussion on the amendment. 07:34:50 PM (00:35:37) Mayor Johnson provided discussion on the motion. Councilor Guiffrida provided further discussion on the motion. 07:45:04 PM (00:45:51) Councilor Kluesner provided discussion on the motion. 07:45:59 PM (00:46:47) Councilor Waterman provided discussion on the motion. 07:48:51 PM (00:49:38) Councilor Graham provided discussion on the motion. 07:50:53 PM (00:51:40) Councilor Kuntz provided discussion on the motion. 07:53:35 PM (00:54:22) Councilor Guiffrida provided further discussion on the motion. 07:56:37 PM (00:57:24) Councilor Kluesner provided discussion on the motion. 07:58:50 PM (00:59:37) Councilor Waterman provided discussion on the motion. 07:59:36 PM (01:00:24) Vote on the amendment to the main motion. Council Member - Rod Kuntz: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Disapprove Council President - Chad Graham: Disapprove Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Disapprove The amendment to the main motion failed with Councilors Saverud, Waterman, Gabriel, Graham, and Mayor Johnson opposed. Discussion on the main motion. Vote on the main motion to approve Resolution 5941, a resolution making the annual tax levies for the City of Kalispell contribution to the City of Kalispell — Flathead County Health Department, for the Fiscal Year 2019-2020. Council Member - Kyle Waterman: Motion Council Member — Rod Kuntz: 2nd Page 4 of 7 Kalispell City Council Minutes, September 3, 2019 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Disapprove Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed on roll call vote with Councilor Kluesner opposed and Councilor Carlson absent. 2. Resolution 5942 — Immanuel Lutheran Change of Trustee - a This resolution would consent to the appointment of a successor trustee and enter into an Agreement of Removal, Appointment and Acceptance of Trustee for the Immanuel Lutheran Series 2017 Bonds. City Attorney Charlie Harball provided the staff report on this item. Council questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5942, a resolution relating to the approval of a successor trustee for conduit revenue bonds previously issued for the benefit of the Immanuel Lutheran Corporation of Kalispell, Montana. Council Member - Rod Kuntz: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson absent. 3. Ordinance 1828 - Town Pump #5 PUD Zone Map Amendment_ a This ordinance would add an additional 1.3 acres to the Town Pump #5 PUD located at Cemetery Road and Highway 93 South in order to allow Town Pump to construct a new convenience store and casino on the property. Senior Planner Jarod Nygren provided the staff presentation. Council questions for staff. Page 5 of 7 Kalispell City Council Minutes, September 3, 2019 Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the first reading of Ordinance 1828, an Ordinance to amend Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by amending Ordinance 1793, known as Kalispell Town Pump #5 PUD, by adding certain real property more particularly described as Tracts 1A and 5A of Ashley Business Park, Lot 5, Revisited, in the Southeast Quarter of the Northeast Quarter in Section 29, Township 28 North, Ranee 21 West, Flathead County, Montana, in accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective date. Council Member — Chad Graham — Motion Council Member — Kyle Waterman — 2nd Councilor Guiffrida provided discussion on the motion. Vote on the motion. Council President - Chad Graham: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Carlson absent. 4. Resolution 5943 — Updated School Zones and Speed Limits � a This resolution would update the school zone designations, speed limits and speed limit signage applicable to the Kalispell Middle School, Edgerton and the Linderman Alternative School. City Attorney Harball provided the staff report on this item. Questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve Resolution 5943, a resolution designating certain portions of Kalispell Streets abutting the School Properties of Kalispell Middle School, Egerton Elementary School and Linderman alternative school as school zones and setting appropriate speed limits thereon for vehicular traffic. Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Page 6 of 7 Kalispell City Council Minutes, September 3, 2019 Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Wayne Saverud: Approve Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Abnrove Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call voting with Councilor Carlson absent. J. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) The City Manager provided the following report: • Storm water regulations will be discussed during the next work session. • Ordinances we discussed last work session will come forth at the next regular meeting. 08:32:23 PM (01:33:10) Councilor Guiffrida requested a work session with city staff about the City -County Health Department Interlocal Agreement. 08:33:15 PM (01:34:02) Councilor Kluesner spoke regarding the recent dissolution of the nonprofit organization Citizens for a Better Flathead, and the need to find another organization that can handle the Waste Not Want Not Recycling Program that they had taken care of. 08:34:18 PM (01:35:05) Mayor Johnson thanked the Council for the conversation that occurred during the meeting. K. ADJOURNMENT 1e�r, ►p� Mayor Johnson adjourned the meeting at 8:35 p.m. =v s ti Ahliee Brunckhorst, CMC MOB City Clerk Minutes approved on September 16, 2019 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — September 9, 2019, at 7:00 p.m. — Council Chambers Next Regular Meeting — September 16, 2019, at 7:00 p.m. — Council Chambers Page 7 of 7