Kalispell Councilors return to vacated seats

Kalispell City Councilors Kari Gabriel and Sam Nunnally were sworn back into office Monday night after previously stepping down following a court decision nullifying their election. 

A Flathead County District Court judge ruled in February that the election be redone for two of the four city wards after a clerical error led to some voters getting the wrong ballot. Then on March 1, Judge Robert Allison clarified how the city should proceed pointing to state law that says the seats are considered vacated until the next municipal election, and Council shall within 30 days appoint a person to hold the office until the election is held. 

Since the February ruling, city staff has been searching for how to proceed with City Manager Doug Russell calling the situation “uncharted waters.”

City staff advised Council to appoint members with enough experience to tackle its heavy workload, with projects including the approval of a far-reaching waste management plan, spending grant funds on the renewal of construction contracts for Public Works, and the development of a new planning process under the Montana Land Use Planning Act. 

“We have two highly qualified people here,” Councilor Jed Fisher said, referring to Gabriel and Nunnally. 

“I would be willing to move forward tonight,” he added, prompting a vote on each member which passed unanimously and followed by pulling the councilors out of the audience. 

Once back on the dais, Councilor Sam Nunnally defended the Election Department’s response to the fiasco. After the error came to light, county officials petitioned the court to order a redo of the election. 

“I hold the Election Department in high regard for their integrity,” he said. “With an election coming up, I hope people won't lose their faith in the process.”

Russell said that while state law says that the appointed Councilors remain in place until the next general municipal election, which doesn’t occur until November 2025, he expects in this case that a new election would take place as part of the next general election in June. 

Gabriel represents Ward 1 and Nunnally represents Ward 2. Both overcame challengers to win the election. 

COUNCIL ALSO approved a motion to establish March 18 as a public hearing for input on the public participation plan as required by the new Montana Land Use Planning Act.

Under the new law, cities with a population higher than 5,000 people in counties of more than 70,000 have until December 2026 to reform the zoning and development process so that citizens are involved with establishing a five-year growth plan for the city, and from there the permit process is carried out by administration action rather than during public meetings.

“This won’t be the last public comment,” Development Services Director Jarod Nygren said of the March hearing. “It’s the last chance to comment on the comment process.” 

Councilor Ryan Hunter emphasized the importance of public awareness for the new process. 

"I don’t entirely agree with the process, cutting out the public on the project level. I think it is important that the public pay attention. No matter how hard we try, people will show up wanting to comment on some new project- they will not have heard of this."

Councilor Sid Daoud called the act an “overreach by the state” that prevents local leaders from adjusting development based on public opinion.

“City councilors should have the ability to adjust the city by public demand,” he said. “City Council legislates while looking people in the eye.” 

Mayor Mark Johnson said the law violated every Republican platform, and that he wished the public would fill the chamber for the March 18 hearing.

“In the next [Legislative] session we need people from here going to Helena and saying, ‘Listen to the people from your hometown,’” he said. 

COUNCIL SPENT time debating the renewal of a disposal contract with Glacier Gold Compost LLC, which seeks to renew its contract at the previous rate of $238 for one ton of dewatered human waste, but on a yearly basis instead of the previous term of five years. 

Kalispell’s Wastewater Treatment Plant has been disposing of sewage sludge at Glacier Gold Compost since 1993. Without the agreement, Public Works Director Susie Turner said the city wouldn’t have any other option but to take the treated biosolids to the landfill. 

Public comment broached concerns of health effects and concern about contaminating the local water supply as a result of the biosolids being used for compost. 

Jennifer Tipton of North Shore Water Alliance cautioned against supporting Glacier Gold, citing insufficient testing and knowledge of its environmental effects, and a lack of public awareness that “biosolids” in gardening products refer to human waste.  

Tipton pointed to a Montana PBS special report from December 2023 that investigates Glacier Gold specifically among businesses nationwide that use biosolids in agricultural processes.  

In light of the recent notice of PFAS “forever chemicals” detected in the city water supply, Council debated canceling or modifying the agreement, with all members eventually conceding that there were no preferable options. The Environmental Protection Agency has detected the cancer-linked contaminants in the city’s drinking water. 

During public comment, Mayre Flowers of Citizens for a Better Flathead encouraged Council to amend the contract so it reduces the city’s commitment as it further examines options.

“To an extent, it’s an advantage to you that [Glacier Gold] wants to renew the contract annually,” she said. 

After further advice by City Attorney Johnna Preble, Council found it best to agree to the terms for another year while inquiries and testing could inform next year’s decision. 

COUNCIL ALSO approved a request from TTC Investments, LLC, Scoreboard Sports Bar LLC, and Mitch Tormohlen for the annexation of 17,400 square feet consisting of an abandoned alley right-of-way and a lot that served as overflow parking for the Scoreboard Sports Bar to be zoned B-1 Neighborhood Business, aggregating the property to the city on the west and serving as a buffer zone between high density and residential areas.

No plans have been submitted but city staff reports that an apartment complex is expected, which drew public comments of concern about the runoff of bar traffic and new tenants flooding the neighborhood. 

“This looks like a good infill project to me,” said Hunter, before Council’s unanimous approval, noting the benefit of additional housing.

Reporter Carl Foster can be reached at 758-4407 or cfoster@dailyinterlake.com.