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E1. 09-16-19 MinutesKALISPELL CITY COUNCIL nR OFT MEETING MINUTES September 16, 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 Council Member - Sandy Carlson: Present 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, Planning Director Tom Jentz, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Phil Guiffrida: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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. Page 1 of 7 Kalispell City Council Minutes, September 16, 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 — September 3, 2019 -� a 2. Ordinance 1828 — Second Readiniz - Town Pumn 45 PUD Zone Man Amendment This ordinance would add an additional 1.3 acres to the Town Pump 95 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. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council President - Chad Graham: Motion Council Member - Kyle Waterman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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 unanimouslv on roll call vote. F. COMMITTEE REPORTS — None. G. 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. H. REPORTS. RECOMMENDATIONS. AND SUBSEOUENT 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. 1. Ordinance 1829 — First Reading - Prohibiting Parking within the Sidewalk a Page 2 of 7 Kalispell City Council Minutes, September 16, 2019 This Ordinance would make the obstruction of a city sidewalk with a motor vehicle a civil infraction. City Managerg Russell provided the staff report on this item. City Attorney Charles Harball provided further detail on this item. Councilor Waterman began questions for staff. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. Motion and Vote to approve Ordinance 1829, an Ordinance amending R.O 1947, Section 320 and Ordinance 706 section 1 codified in the Kalispell Municipal Codes at 17-57 entitled "Blocking Alleys or Driveways", declaring an effective date and authorizing the City Attorney to codify the same. Council Member - Tim Kluesner: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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. 2. Ordinance 1830 — First Reading - Prohibiting Lodaina in the Public Riaht-of- W aY This Ordinance would restrict the use of the public right-of-way for lodging within motor vehicles. City Manager Doug Russell provided an introduction to this item. City Attorney Charles Harball provided further detail on this item. Council Guiffrida began questions for staff asking Planning Director Tom Jentz about the current zoning process has regarding this prohibition. Public Comment Mayor Johnson opened public comment. Ryan Hunter, Public Comment Mr. Hunter announced he is a candidate for City Council, then spoke in opposition to the passage of this Ordinance citing the vulnerability of the homeless population and the possible unintended consequences that could occur if this Ordinance is passed. Page 3 of 7 Kalispell City Council Minutes, September 16, 2019 07:17:25 PM (00:18:25) Caity Pitcher, Public Comment Ms. Katie with Sparrows Nest spoke in opposition to the Ordinance speaking of teenagers residing in vehicles asking what resources would be offered after an infraction is written. 07:19:39 PM (00:20:40) Nichole Heyer, Public Comment Ms. Heyer of 106 Taylor Road, the Homeless Education Liaison for the Schools and the Director of the Heart Locker spoke in opposition to the Ordinance. She spoke regarding the difficulties that children and families living within vehicles are experiencing. 00:25:11 Hilary Shaw, Public Comment Ms. Shaw with the Abbie Shelter spoke in opposition to the Ordinance speaking about possible unintended consequences if this should pass, and spoke about the message this Ordinance would send to the homeless population and the damage that could be caused to the homeless population. 00:28:42 Jamie Quinn, Public Comment Ms. Quinn, the Executive Director of the Food Bank spoke in opposition to this Ordinance, speaking regarding the lack of affordable housing, and the reasoning and demographics of the population that may need to live in a vehicle. 07:32:04 PM (00:33:05) Sid Daoud, Public Comment Mr. Daoud of 1942 Teal Drive spoke in opposition to the Ordinance saying that he feels this Ordinance targets people. Seeing no further comments, he closed public comment. 07:33:51 PM (00:34: Motion and Vote to approve the first reading of Ordinance 1830, an Ordinance restricting the use of the Public Right -of -Way for lodtin2 within motor vehicles, declaring an effective date and authorizing the City Attorney to codify the same. Council Member — Phil Guiffrida: Motion Council Member — Chad Graham: 2nd 07:34:22 PM (00:35:23ICouncilor Guiffrida began discussion on the motion. Councilor Graham continued discussion on the motion. 00:46:53 Councilor Waterman continued discussion on the motion. 00:47:53 Councilor Kuntz continued discussion on the motion. 07:51:01 PM (00:52:011 Councilor Kluesner continued discussion on the motion. Councilor Guiffrida provided further discussion. 07:56:37 PM (00:57:38) Councilor Graham provided further discussion. 07:58:05 PM (00:59:06) Councilor Gabriel continued discussion. 08:00:01 PM (01:01:02) Mayor Johnson continued discussion. Councilor Gabriel continued discussion. Councilor Kluesner continued discussion. Councilor Waterman continued discussion. Councilor Guiffrida continued discussion. 08:05:31 PM (01:06:32) Councilor Kuntz continued discussion. 08:06:52 PM (01:07:53) Councilor Gabriel continued discussion. Page 4 of 7 Kalispell City Council Minutes, September 16, 2019 Councilor Graham continued discussion. Councilor Kuntz continued discussion. Councilor Gabriel continued discussion. Councilor Saverud continued discussion. Mayor Johnson continued discussion. Councilor Gabriel continued discussion. Vote on the motion. Council Member - Phil Guiffrida: Motion Council President - Chad Graham: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Disapprove Council Member - Wayne Saverud: Disapprove Council President - Chad Graham: Approve Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Disapprove The motion passed 5-4 on roll call vote with Councilors Saverud, Waterman, Carlson, and Gabriel opposed. 3. Resolution 5944 — Procedures for Disposition of Unclaimed Personal Propert This resolution establishes procedures for the disposition of unclaimed personal property coming into the possession of the Kalispell Police Department. City Manager Doug Russell provided a summary of this item. City Attorney Charles Harball provided further detail on this item. Public Comment Mayor Johnson opened public comment. Seeing none he closed public comment. Motion and Vote to approve Resolution 5944, a resolution to establish procedures for the Disposition of unclaimed personal property items that come into possession of the Kalispell Police Department as authorized by Section 7-8-105 of the Montana Code Annotated Council Member - Phil Guiffrida: Motion Council Member - Rod Kuntz: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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 Page 5 of 7 Kalispell City Council Minutes, September 16, 2019 Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote. m 4. Montana Municipal Interlocal Authority (MMIA) Board Appointment � a This item recommends the appointment of Doug Russell to the MMIA Board. City Manager Doug Russell provided the staff report on this item. Councilor Guiffrida began questions for staff. Motion and Vote to appoint Doug Russell to the Montana Municipal Interlocal Authoritv. Council Member - Wayne Saverud: Motion Council Member - Phil Guiffrida: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve 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. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Next Work Session: Stormwater Discussion • Manager Russell asked Chief Overman to speak regarding a vest the Police Department would like to try out. 08:27:42 PM (01:28:42) Police Chief Overman showed an example of a load bearing vest the Police Department would like to try versus a traditional waist belt. They are looking at vests that still look approachable, but would reduce the weight they must carry around their waist. 08:32:11 PM (01:33:12) Councilor Kluesner asked for a work session regarding homelessness, home affordability, etc. Councilor Waterman would also like to see a work session on homelessness and mental health issues within the community. J. ADJOURNMENT The Mayor adjourned the meeting at 8:33 p.m. Aimee Brunckhorst, CMC City Clerk Page 6 of 7 Kalispell City Council Minutes, September 16, 2019 Minutes approved on October 7, 2019 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — September 23, 2019, at 7:00 p.m. — Council Chambers Next Regular Meeting — October 7, 2019, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 7 of 7