02-24-20 City Council Work Session MinutesKALISPELL CITY COUNCIL WORK SESSION MINUTES
FEBRUARY 24, 2020
View the minutes attached to the audio of the meeting at:
http://kalispell.com/480/Meeting-Videos
A WORK SESSION OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 PM ON
MONDAY, FEBRUARY 24, 2020, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR MARK JOHNSON PRESIDED. COUNCIL MEMBERS
SANDY CARLSON, SID DAOUD, KARI GABRIEL, CHAD GRAHAM, RYAN HUNTER, TIM
KLUESNER, SAM NUNNALLY, AND KYLE WATERMAN WERE PRESENT.
Also present: City Manager Doug Russell, City Attorney Charles Harball, Fire Chief Dave Dedman,
Planning Director Jarod Nygren, and Building Official Jeff Clawson.
Mayor Johnson called the work session to order.
DISCUSSION ITEMS
1. Building and Fire Code Updates
Russell noted that the city must update their building and fire codes after the state approves them and
asked Clawson to explain the most recent building code changes.
Clawson remarked the state updates their building codes approximately every three years and the city
must adopt the updates afterwards, but cannot amend the state changes. He stated the most recent
building code update deals primarily with the Cross Laminated Timber changes which allows taller
buildings to be constructed and carbon monoxide detectors in schools, nursing homes, etc.
Dedman then referenced the fire code updates and said the city can make that code more stringent; for
example, they are looking at prohibiting propane and large charcoal grills on apartment balconies
because the heat from them can crawl up the outside wall and set off sprinkler systems.
Nygren remarked that community barbeque pits are now being recommended as recreational amenities in
new multi -family developments.
Russell remarked the building codes ordinance will come before council on March 2.
There was discussion and staff answered questions.
2. Discussion on Ordinance 1830 - Lodging in the Public Right of Way
Russell remarked that a few members of council requested that Ordinance 1830 be brought back to a
work session for a discussion regarding repealing the ordinance.
Mayor Johnson reiterated that a violation of this ordinance is a civil, not criminal, infraction, and it is up
to the judge's discretion to determine the fine, if any. Mayor Johnson then referenced an incident that
took place recently wherein someone was arrested after being cited under this ordinance, but the arrest
was for outstanding warrants.
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February 24, 2020
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Hunter described his rationale for requesting this ordinance be discussed again and read his written
remarks, highlighting information regarding the homeless population that was received last fall from
service providers and his own observations. He said he feels the homeless are being charged with crimes
of poverty.
Daoud also read prepared comments, stating that this ordinance is premature because the data is not there
to support it. He stated that passing an ordinance before something becomes a problem is a waste of time,
noting the definition of"living quarters" is very vague, and he can not support the ordinance as a believer
in small government.
Waterman remarked that he was initially worried about the unintended consequences of this ordinance
but he is grateful for the Mayor's task force and noted that data on the homeless population should be
coming forward soon. He also noted that while there are not enough beds or social services for the
homeless, he is glad there is now a crisis intervention person at the police department.
Mayor Johnson remarked this is a symptom of a bigger problem, but that this ordinance is a starting point
and there will be an ongoing discussions with state and federal officials.
There was spirited discussion.
Mayor Johnson asked for a vote to determine councils' willingness to bring the ordinance back for
repeal; two members raised their hands.
Representative Frank Garner remarked there is a lot of good work going on at shelters and food pantries
regarding homelessness locally and they are also working on things at the state level; he said he would
like to see a public/private partnership with local governments and the state on the issues.
Public Comment
A woman who did not give her name stated that she is very disappointed in what she has heard and this
could easily be repealed; she said it takes time to create an effective task force and come up with
processes and that she is disappointed in council and their positions on this issue.
Jack Aubrey commented that he was a Seattle city employee for years; he is glad this ordinance will be
upheld and remarked that 50% of the homeless population of Seattle would not stay in shelters because
they had to follow the rules. He said he is glad this ordinance gives the Police Department the ability to
be proactive rather than reactive.
Nick Ramlow, Foys Lake Road, noted it is not just jobless people who live in their cars; he started a
successful company out of his car and he has done so twice in his life.
James Glasier remarked he is disgusted by the homeless situation in town; he blames it on excessive rent
being charged by landlords and property management companies and does not agree with the ordinance
because it punishes the homeless population.
Holly Jordt, Health Department, stated their most recent mapping project shows that 36% of the
homeless population is due to housing costs and 9% is due to domestic violence. She said the "Next
Steps Housing Mapping" meeting is being held on February 28 at the Health Department from 10-12.
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February 24, 2020
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Nicole Meyer, Homeless Education Liaison for Kalispell Public Schools, said she is available to be on
either the Homeless or Affordable Housing Task Force and is pretty knowledgeable about both subjects.
Jamie Quinn, Flathead Food Bank, remarked she does not equate people being homeless and sleeping in
cars with rapists and that this ordinance does not make her feel any safer; she then reiterated her concern
with the lack of service provider representation on the task force.
CITY MANAGER/MAYOR/COUNCIL REPORTS
Russell remarked that the "ducks" issue went right from a work session to the community stepping up
and adopting them. He gave kudos to the community for their quick work.
Mayor Johnson inquired as to how many council members may be going to the Health Department
meeting on Friday and Russell said he will issue a Quorum notice just in case.
Waterman reminded people that the Health Board is where we look to for information regarding the
coronavirus.
ADJOURN
The work session was adjourned at 8:30 p.m.
Attest:
Ai e Brunckhorst, CMC
City Clerk
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Prepared by:
Judi Funk
Deputy City Clerk
Kalispell City Council Work Session Minutes
February 24, 2020
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