City Council Agenda

CITY COUNCIL MEETING AGENDA May 18, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Due to the extraordinary circumstances of the COVID-19 Pandemic and related Phase 1 Directive from the Montana Governor, the City Council and staff will distance themselves throughout the Council Chambers. Council Chambers will remain closed to the public. Persons wishing to address the council on any issue, whether or not on the agenda, are asked to provide comments via email to publiccomment@kalispell.com. These comments automatically forward to the City Council. The meeting will be streamed on the City of Kalispell website at https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL 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 – May 4, 2020 2. Interlocal Agreement with the Montana Department of Justice for Locating Communications Equipment This agreement would continue to allow communications equipment utilized by law enforcement throughout the state to remain on the Buffalo Hill Water Tower site. 3. Bullitt Sites, LLC Water Tower Lease Agreement This agreement would lease space on the Buffalo Hill Water Tower to Bullitt Sites, LLC, for radio communication equipment. F. COMMITTEE REPORTS G. PUBLIC COMMENT Page 1 of 3  Kalispell City Council Agenda, May 18, 2020 Due to the extraordinary circumstances of the COVID-19 Pandemic and related Phase 1 Directive from the Montana Governor, the City Council and staff will distance themselves throughout the Council Chambers. Council Chambers will remain closed to the public. Persons wishing to address the council on any issue, whether or not on the agenda, are asked to provide comments via email to publiccomment@kalispell.com. These comments automatically forward to the City Council. The meeting will be streamed on the City of Kalispell website at https://www.kalispell.com/480/Meeting-Videos. H. CITY MANAGER, COUNCIL, AND MAYOR REPORTS I. ADJOURNMENT NOTE: The budget work session will immediately follow the adjournment of the regularly scheduled council meeting, and will also continue at 6:00 p.m. on Tuesday, May 19, 2020. Please see separate agenda. UPCOMING SCHEDULE / FOR YOUR INFORMATION Budget Work Session – May 18, 2020, immediately following the adjournment of the regularly scheduled 7 p.m. council meeting. – Council Chambers Budget Work Session Continued – May 19, 2020, at 6:00 p.m. – Council Chambers Next Regular Meeting – June 1, 2020, at 7:00 p.m. – Council Chambers Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 2 of 3 Kalispell City Council Agenda, May 18, 2020 PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ◼ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ◼ We are responsible for respectful and courteous dialogue and participation. ◼ We respect diverse opinions as a means to find solutions based on common ground. ◼ We encourage and value broad community participation. ◼ We encourage creative approaches to engage in public participation. ◼ We value informed decision-making and take personal responsibility to educate and be educated. ◼ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ◼ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ◼ We follow the rules & guidelines established for each meeting. Page 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES May 4, 2020, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Due to the extraordinary circumstances of the COVID-19 Pandemic and related Phase 1 Directive from the Montana Governor, the City Council and staff distanced themselves throughout the Council Chambers. Persons wishing to address the council on any issue, whether or not on the agenda, were asked to provide comments via email to publiccomment@kalispell.com. These comments were automatically forwarded to the City Council. The meeting was streamed on the City of Kalispell website 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 Staff members present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Public Works Budget Resource Manager Terri Loudermilk, Senior Civil Engineer Keith Haskins, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as published. Council Member - Sam Nunnally: 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 President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Approve The motion passed on voice vote with Councilor Daoud opposed. E. CONSENT AGENDA Page 1 of 9  Kalispell City Council Minutes, May 4, 2020 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 20, 2020  2. Acceptance of the Kalispell Regional Hospital Foundation Grant This item would accept a grant in the amount of $8,310.80 for 10 new Avon First Responder Masks from the Kalispell Regional Hospital Foundation’s “First to Goal” Grant.  Motion to remove the minutes from the consent agenda to become action item 3 and seek approval of the consent agenda as amended. Council Member - Ryan Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote. F. COMMITTEE REPORTS Hillary Hanson with the Flathead City-County Health Department provided an update on the current COVID situation saying they have not had a positive test result in the County for three weeks. They are currently not monitoring anyone. The Health Department is currently focusing on the Governor’s phase 1 directive. They have been working with businesses and restaurants that include guidelines and sanitarians have been in contact with area restaurants. They have put extra time into daycares because many of the daycares closed when the schools closed. They have been working one on one with daycares to help them get up and going again safely. Key pieces during phase one – less than ten people in a group unless you can socially distance. The stay at home directive for those who are at high risk is still in place. They are also trying to ensure that people are notified about the 14-day quarantine requirements when coming into the state. Councilor Graham asked questions of Ms. Hanson. Councilor Nunnally asked questions of Ms. Hanson. Councilor Waterman asked questions of Ms. Hanson. Councilor Kluesner asked questions of Ms. Hanson. Mayor Johnson asked questions of Ms. Hanson. Councilor Hunter asked questions of Ms. Hanson. G. PUBLIC COMMENT Page 2 of 9  Kalispell City Council Minutes, May 4, 2020 Due to the extraordinary circumstances of the COVID-19 Pandemic and related Phase 1 Directive from the Montana Governor, the City Council and staff distanced themselves throughout the Council Chambers. Persons wishing to address the council on any issue, whether or not on the agenda, were asked to provide comments via email to publiccomment@kalispell.com. These comments were automatically forwarded to the City Council. The meeting was streamed on the City of Kalispell website at https://www.kalispell.com/480/Meeting-Videos. Public comment received on this item is available at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=129568&dbid=0&repo=Kalispell H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items can do so via email to publiccomment@kalispell.com. 1. Resolution 5968 – Adoption of the 2020 Water and Wastewater Rate Study, Amend the Water and Sewer Rate Schedules, and Rules and Regulations Governing Water and Sewer Service  This resolution would adopt the January 2020 Water and Sewer Rate Study as findings of fact, amend the water and wastewater rate schedules and update water and sewer regulations. City Manager Russell provided a brief history of this item as it has come before Council. 07:25:04 PM (00:24:07) Public Works Director Susie Turner provided a staff update on this item. Council questions for staff. Mayor Johnson began questions for staff. Director Susie Turner responded to questions. Councilor Waterman continued questions for staff. Councilor Hunter continued questions for staff. Councilor Graham continued questions for staff. Mayor Johnson continued questions for staff. Councilor Waterman continued questions for staff. Councilor Kluesner continued questions for staff. Mayor Johnson continued questions for staff. Councilor Graham continued questions for staff. Councilor Waterman continued questions for staff. Councilor Kluesner continued questions for staff. Public Comment Public comment received on this item is available at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=129568&dbid=0&repo=Kalispell 07:58:03 PM (00:57:07) Page 3 of 9  Kalispell City Council Minutes, May 4, 2020 Motion to approve Resolution 5968, a resolution to adopt the fees, schedules, rates, charges and classifications imposed on the customers of the City of Kalispell Water and Wastewater Utilities and therefore to also adopt certain amendments to the regulations of the City Water and Sanitary Sewer Utilities that are reflective of and consistent with the adoption of such fees, schedules, rates, charges and classifications with option Exhibit D. Council Member - Chad Graham: Motion Council Member - Sandy Carlson: 2nd Councilor Graham began discussion on the motion. 08:03:20 PM (01:02:23) Councilor Waterman continued discussion on the motion. 08:04:59 PM (01:04:02) Councilor Hunter continued discussion on the motion. 01:11:41 Amendment to the main motion to replace Exhibit D with Exhibit E. Council Member – Ryan Hunter: Motion Council Member – Kari Gabriel: 2nd Discussion on the amendment. Councilor Graham provided discussion on the amendment. 08:17:09 PM (01:16:13) Councilor Daoud made a motion to table Resolution 5968 until the public can be in the Council Chambers for the decision. Councilor Kluesner seconded the motion. After realizing a motion to table does not allow discussion, Councilor Kluesner rescinded his second on the motion. Motion failed for lack of a second. 08:20:23 PM (01:19:27) Vote on the amendment to the main motion to replace Exhibit D with E. Council President – Ryan Hunter: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council President - Chad Graham: Disapprove Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Approve The amendment to the main motion failed with Councilors Gabriel, Hunter, and Waterman in favor and Councilors Carlson, Nunnally, Graham, Kluesner, Daoud, and Mayor Johnson opposed. Page 4 of 9  Kalispell City Council Minutes, May 4, 2020 08:21:26 PM (01:20:30) Discussion on the main motion. 08:29:18 PM (01:28:22) Councilor Nunnally asked questions of staff. 08:30:18 PM (01:29:22) Councilor Graham asked questions of staff. 08:31:35 PM (01:30:39) Councilor Hunter continued discussion on the motion. 08:36:33 PM (01:35:37) City Manager Russell provided information. 08:37:28 PM (01:36:32) Councilor Daoud provided discussion on the motion. 08:38:32 PM (01:37:36) Mayor Johnson provided discussion on the motion. 08:51:42 PM (01:50:46) Motion to table Resolution 5968, until such time as public comment can be made in person at the podium at a council meeting. Council Member – Sid Daoud: Motion Council Member – Tim Kluesner: 2nd 08:52:34 PM (01:51:38) Vote on the motion to table Resolution 5968. Council Member – Sid Daoud: Motion Council Member – Tim Kluesner: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion failed with Councilors Gabriel, Kluesner, and Daoud in favor, and Council Members Carlson, Nunnally, Graham, Waterman, Hunter, and Mayor Johnson opposed. 08:53:15 PM (01:52:19) Vote on the main motion to approve the Resolution with Exhibit D. Council President - Chad Graham: 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 President - Chad Graham: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Kyle Waterman: Approve The main motion to approve Resolution 5968 with option on Exhibit D passed with Councilor Daoud and Kluesner opposed. Page 5 of 9  Kalispell City Council Minutes, May 4, 2020 2. Resolution 5969 – Adoption of the 2019 Water and Wastewater Impact Fee Report and Adjust Water and Wastewater Impact Fees  This resolution would adopt the October 2019 Water and Wastewater Impact Fee Report as findings of fact and adjust impact fees. City Manager Russell provided a staff update on this item. Council questions for staff. Public Comment Public comment received on this item is available at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=129568&dbid=0&repo=Kalispell 08:57:52 PM (01:56:55) Motion to approve Resolution 5969, a resolution to amend the City of Kalispell Water and Wastewater Utilities Impact Fees with option on Exhibit A pursuant to MCA 7-6-1601 through 7-6-1604 and to set an effective date. Council Member – Kyle Waterman: Motion Council Member – Sandy Carlson: 2nd Discussion on the motion. 08:59:27 PM (01:58:31) City Attorney Charles Harball provided an opinion that he does not feel that Councilor Graham would have a conflict of interest on this item. 09:01:10 PM (02:00:13) Motion and Vote to table Resolution 5969 until such time as public comment can be made in person at the podium at a Council meeting. Council Member - Sid Daoud: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion failed with Councilors Gabriel, Kluesner, and Daoud in favor, and Councilors Carlson, Nunnally, Graham, Waterman, Hunter and Mayor Johnson opposed. 02:01:09 Councilor Hunter made a motion to amend to utilize alternative B. Motion died for lack of a second. 02:01:59 Councilor Hunter made a motion to amend the impact fee rates so that tiny home ERU’s is at 0.4 instead of 0.8. Council Member – Ryan Hunter: Motion Council Member – Sid Daoud: 2nd Page 6 of 9  Kalispell City Council Minutes, May 4, 2020 Councilor Kluesner asked a question on the amendment. 02:04:09 Vote on the amendment to Resolution 5969. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Chad Graham: Disapprove Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Approve The amendment to the motion failed with Councilors Waterman, Hunter, and Daoud in favor and Councilors Gabriel, Carlson, Nunnally, Graham, Kluesner, and Mayor Johnson opposed. Vote on the main motion. Council Member - Kyle Waterman: 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 Member - Chad Graham: Approve Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Disapprove Council Member - Tim Kluesner: Disapprove Council Member - Sid Daoud: Disapprove The motion was approved with Councilors Gabriel, Carlson, Nunnally, Graham and Mayor Johnson in favor and Councilors Kluesner, Daoud, and Hunter opposed. 3. Council Minutes – April 20, 2020  This item was moved from the consent agenda. 02:05:29 Motion and Vote to correct the minutes saying that during the appointments to the Planning Board Councilor Hunter made a motion to replace Ronalee Skees with Matt Keenan. The minutes incorrectly stated replacing Joshua Borgardt with Mark Keenan. Council Member - Ryan Hunter: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Member - Chad Graham: Approve Page 7 of 9  Kalispell City Council Minutes, May 4, 2020 Council Member - Kyle Waterman: Approve Council Member - Ryan Hunter: Approve Council Member - Tim Kluesner: Approve Council Member - Sid Daoud: Approve The motion carried unanimously on voice vote. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • This Wednesday at 11:45 a.m. the Montana National Guard will conduct a fly-over in a C-130 Aircraft above Kalispell. • Conversations are currently occurring regarding whether the MT League of Cities and Towns Conference will still be able to be held here in October. • The recommended budget will be distributed this week. Budget work sessions will begin May 18, immediately following the regularly scheduled meeting, and continue Tuesday, May 19, at 6 p.m. 02:08:28 Councilor Waterman shared an update regarding the emergency shelter, explaining it has been full. Community support has been large and varied and many agencies have been working together. He spoke regarding a strong partnership with the community and the importance of continuum of care as a model for what is needed in the community for emergency sheltering. Councilor Waterman spoke regarding a request from the Food Bank for the city to provide support to ask the Civil Air Patrol to distribute food from the food bank. Councilor Waterman spoke to the reasons why the request was made. He requested that the city provide a letter of support for that request. He would hope that the city would help navigate community connections and consider staffing some type of position that could serve as facilitator. Mayor Johnson said he would support a letter in support of the Civil Air Patrol providing help to the food bank. 09:20:07 PM (02:19:10) Councilor Kluesner spoke regarding his appreciation for being back in council chambers. 09:20:37 PM (02:19:40) Councilor Daoud said he looks forward to opening up the chambers fully. He asked whether the work sessions will start up or not. City Manager Russell provided information about logistics. Councilor Daoud asked questions regarding the Emergency Declaration. 09:23:13 PM (02:22:16) Mayor Mark Johnson provided the following report: • Fly-over at 11:45 a.m. • Mayor Mark Johnson confirmed that parks are open, playgrounds are closed, and the dog park will open May 9, after spring maintenance occurs. Page 8 of 9  Kalispell City Council Minutes, May 4, 2020 • Re-designation of Reserve Drive as a primary route – hopefully moving us forward to the Montana Department of Transportation eventually expanding the road to four lanes. • Thank you for attending, good to be back in the Council Chambers, look forward to having the public back. Mayor Johnson thanked staff for their work technologically. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:25 p.m. ________________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2020 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – May 18, 2020, at 7:00 p.m. – Council Chambers Budget Work Session – May 18, 2020, immediately following the regular meeting – Council Chambers Budget Work Session Continuation – May 19, 2020, at 6:00 p.m. – Council Chambers Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 9 of 9  City of Kalispell Charles A. Harball Office of City Attorney Tel 406.758.7709 City Attorney 201 First Avenue East Fax 406.758.7758 P.O. Box 1997 charball@kalispell.com Kalispell, MT 59903-1997 _______________________ MEMORANDUM TO: Doug Russell, City Manager FROM: Charles Harball, City Attorney SUBJECT: Consideration and Approval of Interlocal Agreement with the Montana Department of Justice for Locating Communications Equipment MEETING DATE: May 18, 2020 – Regular Council Meeting BACKGROUND: A number of years ago the City partnered with the Montana Department of Justice through the Northern Tier program for the purchase and location of communication equipment on the Buffalo Hill Water Tower. The use of this equipment has benefitted law enforcement throughout the state, including the City of Kalispell and Flathead County, by enhancing communication capabilities. Certain components of the equipment are now becoming obsolete and need to be replaced. Funds are now available to the Department of Justice and under the current state law the Department of Justice will own and maintain all components of the system. The only consideration to be given by the City of Kalispell is to continue to allow location of the equipment at the Buffalo Hill Water Tower site, to continue to secure the site and to be responsible for the utility charges. The City has been provided with an Interlocal Agreement to this effect to consider. The agreement is fairly self-explanatory. The City benefits from the agreement by virtue of its local law enforcement access to the communication system. RECOMMENDATION: The City Council should approve and execute the Interlocal Agreement with the Montana Department of Justice. ALTERNATIVES: The Council may decline to approve the Interlocal Agreement.  MEMO TO: Doug Russell, City Manager FROM: Susie Turner, P.E., Public Works Director SUBJECT: Bullitt Sites, LLC-Water Tower Lease Agreement MEETING: May 18, 2020 BACKGROUND: Bullitt Sites, LLC, has requested a lease to utilize the Buffalo Hill Water Tower for installing, maintaining and operating radio communication equipment, antennas, appurtenance, and for land space sufficient for the installation of equipment, wires, poles, cables, conduit, and pipes. There are several private and public agencies that are currently utilizing the tower for communications. A complete list of users is summarized below. Company Contract Term Verizon Nov 2016 thru Nov 2036 Sprint May 2000 thru May 2020 Interoperability MT -911 May 2010-indefinite Interoperability MT – National Guard February 2010-indefinite City of Kalispell Radio Repeater-SCADA 1990s Public Works has worked with Bullitt Sites and has approved the layout of the easements, cables, building use, and equipment attachments to the tower. Bullitt has performed a structural review of the tower with the proposed equipment to ensure the additional equipment will not compromise the integrity of the water tower. The proposed agreement is similar to other contracts in that it protects the intended use of the tower for the Public Water Supply and has been reviewed and approved by the City Attorney’s office. FISCAL EFFECTS: The Agreement’s lease amount is $29,281.79 per year with a 3% annual increase. The Agreement will automatically be extended for four (4) additional five (5) year terms unless Bullitt Sites or the City terminates the lease under the conditions defined in the Agreement. ACTION REQUESTED: Motion to adopt the Water Tower Lease Agreement between Bullitt Sites, LLC and the City of Kalispell and authorize the City Manager to sign the agreement on behalf of the City of Kalispell. ALTERNATIVES: As suggested and approved by the City Council. ATTACHMENTS: Proposed Agreement