06-15-20 City Council Meeting MinutesCITY OF
KALISPELL
CITY COUNCIL MEETING MINUTES
June 15, 2020, 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 - Karl Gabriel: Present via video teleconferencing
Council Member - Sandy Carlson: Present
Council Member - Sam Nunnally: Present
Council Member - Chad Graham: Present
Council Member - Kvle Waterman: Present
Council Member - Ryan Hunter: Present
Council Member - Tim Kluesner: Present
Council Member - Sid Daoud: Present
Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk
Aimee Brunckhorst (via video teleconferencing), Planning, Building and Community
Development Director Jarod Nygren, Senior Planner P.J. Sorensen, Police Chief Doug Overman.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion and Vote to move item H. Public Comment directly following the Action Items.
Council Member -
Sid Daoud: Motion
Council Member -
Chad Graham: 2nd
Mayor - Mark Johnson: Approve
Council Member -
Karl 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: Approve
Council Member -
Tim Kluesner: Approve
Council Member -
Sid Daoud: Approve
The motion passed unanimously on voice vote.
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Kalispell City Council Minutes, June 15, 2020
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 — June 1, 2020 a
UX
2. Ordinance 1842 — Second Reading — Vander Ark Zoning a
This ordinance would provide initial zoning of R-3 (Residential) at 155 Three Mile
Drive.
3. Award Bid for 2020 Inflow and Infiltration Mitigation Project to Planned
v
Engineering Construction, Inc. in the amount of $228,500 a
This item would award the base bid and all additive alternatives to rehabilitate
approximately 4,180 linear feet of existing sanitary sewer main.
4. Award Professional Services Agreement with Robert Peccia & Associates
and HDR Engineering for the Water System Tank and Well Project -: a
This item would allow the City to enter into an agreement for professional
engineering services for a new well facility, transmission main and water tower.
Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public
comment.
Motion and Vote to aaprove the consent agenda as submitted.
Council Member - Sam Nunnally: 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
Council Member -
Kyle Waterman: Approve
Council Member -
Ryan Hunter: Approve
Council Member -
Tim Kluesner: Approve
Council Member -
Sid Daoud: Approve
The motion passed unanimously on roll call vote.
F. COMMITTEE REPORTS — None.
ME
G. PUBLIC HEARING — Colton Lee Communities Growth Policy Amendment a
Council will accept public comment regarding whether Council should adopt, adopt with
revisions, or reject a proposed growth policy amendment request from Colton Lee
Communities for a 3.27-acre parcel located at 216 Hutton Ranch Road.
Mayor Johnson opened the public hearing and asked for public comment.
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Kalispell City Council Minutes, June 15, 2020
07:03:51 PM (00:04:30) Rory Young, Public Comment
Rory Young with Jackola Engineering and Architecture presented himself for council questions
on behalf of the applicant.
Seeing no further comments, Mayor Johnson closed the public hearing.
U. PUBLIC !''l11ViAiiENT (This item moved by motion to after the action items.)
at this time. Those addressing the eouneil are r-equested to give their- name and address
the r-eeor-d. Please see the last page of the agenda for- the proper- manner- of Per-sons,v�,ishing to addfess the eetineil on any issue not on the agenda are asked to do so
eetineil. Please life t , nts to th fee .,. „tee
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.
0
Ordinance 1843 — Second Reading — Belie Zoning a
This ordinance would provide initial zoning of R-2 (Residential) at 1100 Two
Mile Drive.
City Manager Doug Russell provided a brief outline of this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
Councilor Hunter recused himself from this item.
Motion and Vote to approve the second reading of Ordinance 1843. an ordinance to amend
Section 27.02.010, official zoning map, City of Kalispell Zoning Ordinance 1677, by zoninji
certain real property, more particularly described as Assessors Tract #ACB in the
Northeast Quarter of the Southeast Quarter of Section 11, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana and more particularly described on Exhibit "A",
(previously Zoned Countv R-2) to Citv R-2 (Residential), in accordance with the Kalispell
Growth Policy Plan — It 2035, and to provide an effective date.
Council Member - Kvle 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: Abstain
Council Member
- Tim Kluesner: Approve
Council Member
- Sid Daoud: Approve
The motion passed unanimously on roll call vote with Councilor Hunter abstaining.
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Kalispell City Council Minutes, June 15, 2020
2. Resolution 5976 - Airport Master Plan Amendment a
This resolution would approve a master plan amendment for the Kalispell City
Airport to include additional locations for hangar development and associated
parking areas.
City Manager Doug Russell provided the staff presentation on this item.
Council auestions for staff.
Public Comment
Mayor Johnson opened public comment, seeing none he closed public comment.
Motion and Vote to approve Resolution 5976, a resolution approvinLy the First Amendment
to the Kalispell Citv Airport Master Plan that is subiect to the Lease Agreement between
the City of Kalispell and the Kalispell Airport Users' Grou
Council Member - Chad Graham: 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
Council Member
- Kyle Waterman: Approve
Council Member
- Ryan Hunter: Approve
Council Member
- Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on roll call vote.
0
Resolution 5977 - Northland Phase 5 Preliminary Plat Extension a
This resolution would extend the Major Preliminary Plat for Northland Phase 5 for
two years.
Senior Planner Jarod Nygren provided the staff report on this item.
Council questions for staff.
Public Comment
Mayor Johnson opened public comment on this item.
07:15:24 PM (00:16:03) Mike Brody, Public Comment
Mike Brody, with WGM Group spoke on behalf of the applicant thanking Council and staff for
their consideration of this extension.
Seeing no further public comment, Mayor Johnson closed public comment.
Motion and Vote to approve Resolution 5977, a resolution approving a Two -Year
Extension to the Preliminary Plat of Northlands Subdivision Phase 5, located at the western
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Kalispell City Council Minutes, June 15, 2020
boundary of Northland Drive in Section 1, Township 28 North, Range 22 West, P.M.M.,
Flathead County,
Montana.
Council Member -
Tim Kluesner: Motion
Council Member -
Kyle Waterman: 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: Approve
Council Member -
Tim Kluesner: Approve
Council Member -
Sid Daoud: Approve
The motion passed unanimously on roll call vote.
4. Motion to Authorize Limited Exnenditure of Funds within the Fiscal Year 2021
Preliminary Budget & Call for a Public Hearing a
This is a request for authorization to expend funds from the FY2021 preliminary
budget necessary for city operations and schedule a public hearing for July 6, 2020.
City Manager Doug Russell provided the staff presentation on this item.
Council questions for staff.
Mayor Johnson clarified that the budget presented for the Police Department has not been
modified or discussed since the work session budget meetings that were presented.
07:20:52 PM (00:21:31) Councilor Daoud continued questions for staff regarding procedure.
Public Comment
Mayor Johnson opened public comment, seeing none he closed public comment.
Motion to authorize limited expenditure of funds within the fiscal year 2021 preliminary
budget necessary for day to day operations of the city and call for a public hearing on July
6, 2020.
Council Member — Tim Kluesner: Motion
Council Member — Sam Nunnall
07:23:05 PM (00:23:44) Councilor Graham provided discussion on the motion.
Councilor Nunnally provided discussion on the motion.
Councilor Waterman provided discussion on the motion.
Councilor Carlson provided discussion on the motion.
Councilor Daoud provided discussion on the motion.
Councilor Kluesner provided discussion on the motion.
Mayor Johnson provided discussion on the motion.
Vote on the motion.
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Kalispell City Council Minutes, June 15, 2020
Council Member - Tim Kluesner: Motion
Council Member - Sam Nunnally: 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: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on roll call vote.
5. Resolution 5978 — Non -union Salary Adjustment a
Approval would allow non -union employees of the city to receive an FY21 annual
compensation adjustment of 3.1 % which is consistent with the average collective
bargaining agreement wage adjustments of the unions represented by city
employees.
City Manager Doug Russell provided the staff presentation on this item.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
07:32:43 PM (00:33:22)
Motion to approve Resolution 5978, a resolution adjusting the Salary and Compensation of
the City Officials, Supervisors, and all other Nonunion Employees pursuant to Title 7,
Chapter 4, Part 42, M.C.A. commencing on the date indicated herein.
Council Member - Ryan Hunter: Motion
Council Member — Kari Gabriel: 2nd
07:33:22 PM (00:34:01) Motion to amend Resolution 5978, to amend section 1 by striking
"city elected officers".
Councilor Graham provided discussion on the amendment.
Councilor Waterman provided discussion on the amendment.
Vote on the amendment.
Council Member - Chad Graham: Motion
Council Member - Kari Gabriel: 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: Disapprove
Council Member -
Ryan Hunter: Approve
Council Member -
Tim Kluesner: Approve
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Kalispell City Council Minutes, June 15, 2020
Council Member - Sid Daoud: Approve
The amendment to the motion passed with Councilor Waterman opposed.
Vote on the original motion as amended.
Council Member - Chad Graham: Motion
Council Member - Kari Gabriel: 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: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on roll call vote.
m
6. Appointments to the Kalispell Tourism Business Improvement District a
This item appoints Board of Trustee members to govern the newly renewed TBID
which begins July 1, 2020.
Mayor Johnson offered the following TBID appointment recommendations:
➢ Joseph Alexander for a 3-year term
➢ Bryce Baker for a 4-year term
➢ Janet Clark for a 1-year term
➢ Zac Ford for a 2-year term
➢ Dawn Hendrickson for a 3-year term
➢ Britta Joy for a 2-year term
➢ Emily Schroeder for a 4-year term
Motion and Vote to approve the Mayors appointments to the Tourism Business
Improvement District.
Council Member - Sam Nunnally: 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
Council Member - Kyle Waterman: -Approve
Council Member - Ryan Hunter: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Approve
The motion passed unanimously on voice vote.
J. PUBLIC COMMENT
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Kalispell City Council Minutes, June 15, 2020
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 public comment.
Allan McGarvey, Public Continent
Mr. McGarvey of Kalispell spoke in favor of supporting the Police Department. He then spoke
regarding protest rallies and the recent rally that took place in Kalispell. He spoke in detail
regarding the inherent dangers of civil outrage, the fears regarding public looting, alongside
militarized forces not operating in strict subordination to the civil power. He would ask Council
to work on solutions that work for everyone.
Bill Miles, Public Comment
Mr. Miles of Kalispell spoke in opposition to any consideration of defunding the Kalispell Police
Department. He then spoke in favor of the people in armament that attended the Black Lives
Matter Rally recently, saying they were protecting the Veterans Memorial.
Mark Seraceno, Public Comment
Mr. Seraceno of Kalispell spoke regarding the fear of what could happen, speaking in favor of
gun rights.
Dennis Gomez, Public Comment
Mr. Gomez of Kalispell spoke regarding guarding the war memorial from any possible rioters,
saying he had received intel that ANTIFA members were coming to Kalispell.
07:58:12 PM (00:58:51) Breit Kelley, Public Comment
Mr. Kelley spoke regarding a Facebook group he started to handle concerns regarding the
possibility of looting at the protest on June 6, his conversations with other groups, and
conversations they had with the protesters. He spoke in further detail about his perceptions of the
events that took place on June 6.
John Fuller, Public Comment
Mr. Fuller, Representative of House District 8 spoke regarding his views of the Constitutions,
support of the police force, and support of gun rights. He mentioned an upcoming Legislative
resolution — 130 on the upcoming ballot that forbids subordinate communities/authorities from
making laws that would further restrict the laws of the state of Montana (regarding gun laws).
08:06:13 PM (01:06:52) Julie Martin, Public Comment
Ms. Martin of Kalispell spoke in opposition to any stripping away of second amendment rights
both open carry and concealed firearms, especially in defense of the community, and spoke in
opposition to any defunding of the Police Department. She then spoke regarding her views of the
recent Protest at Depot Park, saying it serves as a role model of the second amendment defending
the rights of the first amendment.
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Kalispell City Council Minutes, June 15, 2020
Slade Iverson, Public Comment
Mr. Iverson spoke in support of the Police Department, provided his background, and spoke
regarding his willingness to further fund the Police Department beyond taxes.
Valerie McGarvey, Public Comment
Ms. McGarvey of Kalispell spoke in support of the Police Department and then spoke regarding
her and her families experiences protesting for the Black Lives Matter Movement on June 6,
2020. She spoke regarding feeling frightened and stressed about the presence of armed people
throughout the park. She spoke regarding armed people behind them shouting to drown out the
protesters, saying she did not feel like the armed individuals were protecting her but rather a
counter protest.
01:16:51 Knute Kriger, Public Comment
Mr. Kriger of Kalispell spoke regarding his experiences with the Protest on the 61h. He
emphasized making decisions based on local facts. He spoke in support for the Police
Department, and the intention of the armed people at the Protest to protect Kalispell. He spoke
regarding the re -writing of history.
Tara Lee, Public Comment
Ms. Lee of Kalispell spoke regarding her perspective of the Protest on the 6'. She believes in the
abilities of the Police Department and did not feel there needed to be excessive firearms at the
event as she entrusts her life to the Police. She spoke regarding the fear her eight -year -old
daughter felt, and how people whose lives have been affected by gun violence view such a
display of fire power. She also spoke regarding those who did not attend the Protest for fear of so
many with guns. She feels it was a power grab by those with the guns.
Bonnie Zepnick, Public Comment
Ms. Zepnick of Whitefish used several minutes of silence to demonstrate a small portion of the
time that George Floyd was held down by a Police Officer before Mr. Floyd died. She mentioned
the peaceful protests that have been happening for several weeks in Whitefish without the need
for `armed peacekeepers'.
Mike Thompson, Public Comment
Mr. Thompson of Columbia Falls stated Veterans and Law Enforcement Officers are his heroes.
He spoke in opposition to any defunding of the Police Department. He then spoke regarding his
experiences in other areas in the Nation and asked that outside influences not interfere in
Kalispell. He spoke in opposition to looters and in favor of the idea of Montanan's taking care of
each other.
Lee Handle, Public Comment
Mr. Handle of Kalispell spoke regarding his Veteran status, and his experiences living in Seattle,
Washington. He spoke regarding his pride of standing with the armed group at the Protest. He
spoke regarding supporting the First and Second Amendment and standing with the people in the
County.
08:40:00 PM (01:40:39)
Tom Nesbehill, Public Comment
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Kalispell City Council Minutes, June 15, 2020
Mr. Nesbehill from the Whitefish area read the "Right to Bear Arms" and spoke regarding not
trying to hide weapons and using them to protect the Veterans Memorial.
Butch Hutchins, Public Comment
Mr. Hutchins from Columbia Falls said he had one word — respect. He spoke regarding being in
legal trouble when he was younger, but still having respect for officers. He spoke about his views
about recent national events, and his experiences at the protest on June 6.
08:46:24 PM (01:47:03) Spring Gibbs, Public Comment
Ms. Gibbs of Kalispell spoke in favor of respecting law enforcement and the right to carry
firearms.
08:48:51 PM (01:49:30) Sonya Woodworth, Public Comment
Ms. Woodworth of Kalispell spoke in support of the Police Department and would like them to
have more money in the budget.
01:50:26 Cindy Depinto, Public Comment
Ms. Depinto of Kalispell spoke in support of the Police Department and other Law Enforcement.
She feels that Officers and Firefighters should be paid more. She spoke about her views
regarding recent national events, and her fears.
08:53:43 PM (01:54:22) Cathryn Kale, Public Comment
Ms. Kale recited quotes and spoke in favor of the right to carry firearms, spoke regarding her
views of the June 6, 2020 protest, and her pride in living in Montana and she and her family
bearing arms at the protest.
08:56:49 PM (01:57:28) Jonathon Day, Public Comment
Mr. Day of Kalispell spoke regarding his experiences living in Portland, Oregon and his views
and fears regarding recent national events. He spoke regarding his fears that protesters would
cause damage in Kalispell, saying he loaded his gun for the protest and wondered if he would
have to use it on someone. He spoke in opposition to any police defunding.
09:01:06 PM (02:01:45) Ulala Bobkin, Public Comment
Ms. Bobkin of Whitefish spoke in opposition to outside influences. She then spoke regarding
personal family experiences with gun violence, and in favor of gun rights. She spoke regarding
positive experiences she has had with law enforcement.
09:04:25 PM (02:05:04) Jason Boris, Public Comment
Mr. Boris of Kalispell spoke regarding his views on the Constitution and recited quotes. He
spoke in favor of the right to bear arms and the right to defend oneself and property, and his
experiences at the June 6, 2020 protest in Kalispell.
09:08:41 PM (02:09:20) Blake Sheldon, Public Comment
Mr. Sheldon of Kalispell spoke in support of the Police Department and in support of the Second
Amendment, open carry, and concealed carry.
09:10:01 PM (02:10:40) Tonva, Public Comment
Tonya spoke regarding her experiences living in Coeur d'Alene, Idaho and her experiences
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Kalispell City Council Minutes, June 15, 2020
regarding rioters there. She asked what the public can do to support Law Enforcement and the
Council and spoke regarding the vast experience and training of local law enforcement. She gave
her views on racism.
09:15:01 PM (02:15:401 Seeing no further public comment, Mayor Johnson closed public
comment.
K. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Russell provided the following report:
• Mr. Russell anticipates that The League of Cities and Towns will make a decision this
week regarding whether they will still hold an in -person conference in Kalispell this year.
• The Work Session on June 22, 2020 will tentatively include an update on the Core Area
Project including a possible street connector. That may be followed by discussion on the
Flathead City -County Health Department Interlocal Agreement.
09:16:07 PM (02:16:46) Councilor Graham spoke regarding the negative effects of social media
rumors. He would ask that the public contact Council or staff to verify information they see on
social media as it is often incorrect. He then asked the Police Chief to let his personnel know of
all the support voiced for his department.
09:18:20 PM (02:18:59) Councilor Daoud submitted the following statement approved by the
Mayor into the record. "The City of Kalispell acknowledges the civil strife here and around the
Country today. We wish to respectfully stand together with our black community members in
support of their equal rights and against any intrusion on the same. Kalispell is a community
made up of many races and we are grateful for the diversity that strengthens us. We also
acknowledge that as a predominantly white community, we wish to listen and understand issues
that affect our racially diverse community members so that we can insure to keep a safe and
equitable environment for all."
09:19:09 PM (02:19:48) Councilor Waterman spoke regarding his experiences with the June 6,
2020 protest in Kalispell and his experiences growing up in Montana. He thanked the students
that organized the protest and the Flathead Patriots Guards who attended and were civilly
engaged with the students. He would like to continue to see community conversations happen
regarding upholding the constitution.
Councilor Waterman then spoke regarding a letter of thanks received from the Samaritan House
to the Council for their support of the COVID-19 related homeless shelter that recently closed
and spoke of the 70 individuals that were served. He also thanked the community for all their
work on/for the shelter and related social services.
09:21:35 PM (02:22:14)
Councilor Hunter agreed with the Councilors that have already spoken. He spoke regarding
misunderstandings online, and his experiences at the June 6, 2020 protest. He spoke regarding
his hope that future protests will be able to occur without armed people in attendance.
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Councilor Hunter thanked Councilor Waterman and others involved in the homeless shelter,
saying he was impressed by the number of people that were able to be assisted into housing and
employment. He would hope that resources be provided in the future to the local homeless
community.
09:24:41 PM (02:25:20)
Mayor Johnson provided the following report:
• He thanked the public for their comments.
• Mayor Johnson spoke regarding an upcoming meeting planned between Sheriff Heino,
Chief Overman, Mayor Johnson, Mr. Garner, Mr. McGarvey, and Mr. Kelley.
• Mayor Johnson spoke regarding the issue of homelessness and recommended a related
podcast called "Solvable".
• Mayor Johnson encouraged people to make a change at local levels to step forward and
do what's right for the community during these disturbing times for everyone in our
Country. He then spoke regarding personal family experiences around race and
perceptions.
L. ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:30 p.m.
Ainlee Brunckhorst, CMC
SEAL _ City Clerk
s 1892
Minutes approved on July 6, 2020
mm11iu0
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session — June 22, 2020, at 7:00 p.m. — Council Chambers
City Offices Closed — Friday, July 3, 2020 — Independence Day Holiday
Next Regular Meeting — July 6, 2020, 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.
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