10-04-21 City Council Meeting MinutesCITY OF
KALISPELL
CITY COUNCIL MEETING MINUTES
Monday, October 4, 2021, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
The public was invited to attend in person in the council chambers or via videoconferencing.
Public comment was also able to be delivered via email to publiccommentakalislell.com.
Time stamped minutes attached to the video of this meeting can be found online at:
https://www.kalispell.com/480/Meetinz-Videos.
A. CALL TO ORDER
Mayor Johnson called the meeting to order at 7:00 p.m.
B. ROLL CALL
Mayor - Mark Johnson: Present
Council Member - Kari Gabriel: Present via video conference
Council Member - Sandy Carlson: Present
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Present
Council Member - Sid Daoud: Present
Council Member - Tim Kluesner: Present
Council Member - Ryan Hunter: Present via video conference
Staff present included City Manager Doug Russell, Assistant City Attorney Johnna Preble, City
Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Senior Planner P.J.
Sorensen, Finance Director Rick Wills, and Patrol Captain Brett Corbett.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion and Vote to approve the agenda as presented.
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: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
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Kalispell City Council Minutes, October 4, 2021
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
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 —September 20, 2021 a
2. Acceptance of a Communily Development Block Planning Grant on behalf of
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Samaritan House �` G
Staff is recommending acceptance of this CDBG Planning Grant of $50,000 for
Samaritan House to develop a preliminary architectural report for the expansion
of the Samaritan House facility at 1110 2nd Street West.
3. Acceptance of the Montana State Homeland Security Program Grant Award
Staff is recommending acceptance of this $40,000 grant for support of the Kalispell
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Area hazmat team. ' a
4. Acceptance of Montana Digital for the Private Fiber and Direct Internet Access
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Project 43
Staff recommends proceeding with an agreement with Montana Digital to add
private fiber and direct internet access to five City buildings.
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5. Police Officer Confirmation of Will Appel G
Staff is recommending the confirmation of Will Appel as a Kalispell Police Officer
as he has satisfactorily completed his one-year probationary period.
Public Comment
Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public
comment.
00:03:17
Motion and Vote to accept the consent agenda as submitted.
Council Member - Kyle Waterman: Motion
Council Member - Tim Kluesner: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
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Kalispell City Council Minutes, October 4, 2021
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
00:03:39 Captain Brett Corbett introduced Officer William Appel and spoke to his experience and
as a valued member of the department.
Mayor Mark Johnson pinned Officer Appel's badge and offered congratulations and thanks.
Officer William Appel spoke to the importance of the support he feels from the community.
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 and limit comments to three minutes. Public comment can also be provided via
email to 12ubliccommenakalisi2ell.com, or via video conference. If participating via video
conference, please use the raise hand feature.
Mayor Johnson opened general public comment. Seeing none, he closed public comment.
H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION
Persons wishing to address the council on individual agenda items are asked to provide
public comment via email to 12ubliccommentakaliVell.com or during the meeting verbally
in council chambers or via the online meeting. Please provide your name and address for
the record.
1. Interlocal Agreement with Flathead City -County Health Department
Staff recommends approval of a new Interlocal Agreement with the Flathead
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City -County Health Department. G
City Manager Russell began the staff presentation.
00:11:05 Councilor Waterman asked about the process the agreement has gone through.
00:12:54 Mayor Johnson asked about the appointment process.
00:13:41 Councilor Kluesner asked further questions about the board appointment process.
Public Comment
Mayor Johnson opened public comment.
00:14:11 Ronalee Skees, Public Comment
Ms. Skees a member of the Flathead City -County Health Board encouraged Council to support
the Interlocal Agreement and spoke to the many services the Health Department does for the
community.
Seeing no further public comment, Mayor Johnson closed public comment.
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Kalispell City Council Minutes, October 4, 2021
00:15:13
Motion to approve the Interlocal Agreement between Flathead County and the Cities of
Kalispell, Whitefish, and Columbia Falls.
Council Member — Kyle Waterman: Motion
Council Member — Sandy Carlson: 2"d
00:15:32 Councilor Waterman provided discussion on the motion.
00:16:41 Councilor Hunter provided discussion on the motion.
Vote on the motion.
Council Member - Kyle Waterman: Motion
Council Member - Sandy Carlson: 2nd
Manor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
2. Use Agreement with KALICO Art Center for Art Wraps on Traffic Signal Boxes
Staff recommends approval of this use agreement for installation and maintenance
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of vinyl wraps on 6 traffic signal boxes in downtown Kalispell. G
City Manager Russell began the staff presentation.
00:19:34 Mayor Johnson asked about item 4c on the agreement related to warranty timing.
Public Comment
Mayor Johnson opened public comment.
00:20:22 Jemina Watstein, Public Comment
Ms. Watstein, Executive Director with Kalico Art Center spoke to the positive experiences
related to the tunnel art that has previously been completed. She explained this project will be
done by April.
Seeing no further public comment, Mayor Johnson closed public comment.
00:21:27
Motion to approve a Use Agreement with Kalico for the installation and maintenance of
vinyl wraps on six traffic signal boxes in downtown Kalispell.
Council Member — Kyle Waterman: Motion
Council Member — Kari Gabriel: 2nd
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Kalispell City Council Minutes, October 4, 2021
00:21:49 Councilor Waterman provided discussion on the motion and a thank you to Kalico Art
Center pointing out their success on past projects and ability to bring intergenerational volunteers
together.
00:23:04 Councilor Carlson commended the artists whose art will be wrapped onto the boxes.
Vote on the motion.
Council Member - Kyle Waterman: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on voice vote.
3. Resolution 6051 — Communky Development Budget Amendment
Staff recommends approval of Resolution 6051, amending the fiscal year 2021
Community Development Miscellaneous Appropriation Budget by $44,074.
City Manager Russell began the staff presentation.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
00:24:51
Motion and Vote to approve Resolution 6051, a resolution amending the Community
Development Miscellaneous Special Revenue Fund Budget of the City of Kalispell,
Montana, as set forth in the 2020-2021 budget adopted by the City Council.
Council Member - Sid Daoud: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
4. Parkland Meadows Annexation Initial Zoning, Planned Unit Development (PUD),
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and Preliminary Plat '� G
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Kalispell City Council Minutes, October 4, 2021
Staff recommends approval of an application from G23 Properties, LLC for a
residential mixed use PUD overlay with annexation, RA-1 (residential apartment)
zoning, and major preliminary plat for 38.4 acres at the northeast corner of Airport
Road and Cemetery Road.
a. Resolution 6052 - Annexation
b. Ordinance 1864 - First Reading - Initial Zoning and PUD
c. Resolution 6053 - Preliminary
Senior Planner P.J. Sorensen provided the staff report.
00:36:36 Councilor Hunter asked about parking standards. He then asked questions regarding
density.
Public Comment
Mayor Johnson opened public comment. Seeing none, he closed public comment.
00:38:53
Motion to approve Resolution 6052, a Resolution to provide for the alteration of the
boundaries of the City of Kalispell by including therein as an annexation certain real
property described as Assessor's Tracts 13D,13E and W located in the Southwest Quarter
of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana,
and as more particularly described on Exhibit A. to be known as Parkland Meadows
addition 454, to zone said property in accordance with the Kalispell Zoning Ordinance, and
to declare an effective date.
Council Member - Kyle Waterman: Motion
Council Member - Tim Kluesner: 2nd
Council Member - Kyle Waterman: Motion
Council Member - Tim Kluesner: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Member - Chad Graham: Absent
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 with Councilors Nunnally and Graham
absent.
00:40:42
Motion to approve the first reading of Ordinance 1864, an Ordinance to amend Section
27 02 010, official zoning may, City of Kalispell Zoning Ordinance 1677, by creating a
Planned Unit Development Overlay Zone, to be known as Parkland Meadows Planned Unit
Development, over certain real property described as Assessor's Tracts 13D,13E and 6J
located in the Southwest Quarter of Section 29, Township 28 North, Range 21 West,
P M ,M , Flathead County, Montana, and as more particularly described on Exhibit A, in
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Kalispell City Council Minutes, October 4, 2021
accordance with the Kalispell Growth Policy — Plan It 2035, and to provide an effective
date.
Council Member — Kyle Waterman: Motion
Council Member — Sandy Carlson: 2nd
00:41:38 Councilor Hunter provided discussion on the motion.
00:42:10 Councilor Daoud provided discussion on the motion.
00:42:36 Mayor Johnson provided discussion on the motion.
Vote on the 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: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
00:43:53
Motion to approve Resolution 6053, a resolution conditionally approving the preliminary
plat for Parkland Meadows described as Assessor's Tracts 13D,13E and 6J located in the
Southwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Council Member - Sid Daoud: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
5. Starling Phases 1-8 Zone Change, and Planned Unit Development PUD Overla
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and Preliminary Plat for Phases 1-3 a
Staff recommends approval of an application from Kilday & Stratton for a
residential mixed use PUD overlay with a change in zoning to RA-1 (residential
apartment) and preliminary plat for phases 1-3 on 58-acres on the west side of
Stillwater Road to the west of Timberwolf Parkway.
a. Ordinance 1865 — First Reading — Zone Change and PUD
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Kalispell City Council Minutes, October 4, 2021
b. Resolution 6054 — Preliminary Plat
Senior Planner P.J. Sorensen provided the staff report.
00:58:11 Councilor Hunter asked questions related to the six accessory dwelling units.
00:58:52 Mayor Johnson asked about the review process.
Public Comment
Mayor Johnson opened public comment.
00:59:43 Gres Stratton, Public Comment
Mr. Stratton with Kilday and Stratton introduced his team and announced they are available for
any questions Council may have. He spoke to the previous question regarding accessory
dwelling units saying they have built ADU's extensively on other projects, but have found they
are not as popular as you may think, and are best suited for specific lots where parking is not an
issue.
Seeing no further public comment, he closed public comment.
01:01:11
Motion to approve the first reading of Ordinance 1865, an Ordinance to amend Section
27 02 010, official zoning may, City of Kalispell Zoning Ordinance 1677, by creating a
Planned Unit Development Overlay Zone, to be known as Starling Planned Unit
Development, over certain real property described as a portion of Assessor's Tracts 4A and
6, located in the East half of Section 35, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana, and as more particularly described on Exhibit A, in
accordance with the Kalispell Growth Policy Plan- It 2035, and provide an effective date.
Council Member — Kyle Waterman: Motion
Council Member — Sid Daoud: 2nd
Councilor Hunter provided discussion on the motion.
01:05:31 Councilor Waterman provided discussion on the motion.
01:05:59 Mayor Johnson provided discussion on the motion.
Vote on the motion.
Council Member - Kyle Waterman: Motion
Council Member - Sid Daoud: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
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Kalispell City Council Minutes, October 4, 2021
01:07:52
Motion to approve Resolution 6054, a resolution conditionally approving the preliminary
plat of Starling Phases 1-3 described as a portion of Assessor's Tracts 4A and 6, located in
the East half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana.
01:08:31 Councilor Daoud provided discussion on the motion.
Vote on the motion.
Council Member - Tim Kluesner: Motion
Council Member - Sid Daoud: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Approve
Council Member - Ryan Hunter: Approve
The motion passed unanimously on roll call vote.
6. Ordinance 1866 —First Reading Zoning Text Amendment Marijuana Dispensaries
Staff recommends approval of this ordinance amending the zoning code by adding
marijuana dispensaries, cultivation, and manufacturing as uses which may be
permitted within certain zones with an administrative conditional use permit subject
to certain enumerated conditions. G
City Manager Russell provided background on previous discussions.
Senior Planner P.J. Sorensen provided the staff report.
01:14:48 Councilor Daoud began questions for staff related to the displayed map.
01:17:30 Councilor Waterman continued questions for staff related to suggested buffers.
01:18:16 Councilor Kluesner continued questions related to buffers.
01:19:41 Councilor Hunter continued questions related to the recommended buffers.
01:21:02 Councilor Kluesner continued questions related to the buffers.
01:22:21 Mayor Johnson asked questions related to the state rules.
01:22:43 Johnna Preble, Assistant City Attorney spoke regarding draft rules that the state has
been working on.
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Kalispell City Council Minutes, October 4, 2021
01:23:44 Mayor Johnson continued questions related to taxing. He then asked questions related
to Federal Law.
Public Comment
Mayor Johnson opened public comment.
Rafael Moscatel. Public Comment
Mr. Moscatel spoke in opposition to the use and legalization of marijuana explaining why he
feels that way.
Seeing no further public comment, Mayor Johnson closed public comment.
01:30:46
Motion to approve the first reading of Ordinance 1866, an ordinance amending the Kalispell
Zoning Ordinance 1677, to allow marijuana dispensaries, cultivation, and manufacturing
within certain zoning districts to be an administrative conditionally permitted use in the City of
Kalispell and declaring an effective date.
Council Member — Kyle Waterman: Motion
Council Member — Sid Daoud: 2nd
01:31:19 Councilor Waterman provided discussion on the motion.
Motion to amend by removing the parks from the 300-foot buffer, an amendment to section
27.35.087 by removing the word parks.
Councilor Waterman: Motion
Councilor Hunter: 2"d
01:33:05 Councilor Daoud provided discussion in favor of the motion.
01:36:04 Councilor Hunter provided discussion in favor of the motion.
01:39:23 Councilor Carlson provided discussion opposed to the motion.
01:40:12 Mayor Johnson provided discussion opposed to the motion.
01:41:36 Councilor Kluesner provided discussion opposed to the motion.
01:43:18 Councilor Gabriel provided discussion opposed to the motion.
Vote on the amendment to the motion.
Council Member - Kyle Waterman: Motion
Council Member - Sid Daoud: 2nd
Mayor - Mark Johnson: Disapprove
Council Member - Kari Gabriel: Disapprove
Council Member - Sandy Carlson: Disapprove
Council Member - Sam Nunnally: Absent
Council Chair - Chad Graham: Absent
Council Member - Kyle Waterman: Approve
Council Member - Sid Daoud: Approve
Council Member - Tim Kluesner: Disapprove
Council Member - Ryan Hunter: Approve
The motion failed with Councilors Waterman, Daoud and Hunter in favor, and Councilors
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Kalispell City Council Minutes, October 4, 2021
Gabriel, Carlson, Kluesner, and Mayor Johnson opposed, and Councilors Graham and
Nunnally absent.
01:45:51 Councilor Hunter made a motion to amend to remove the parklets at Highway 2
and Highway 93 from the parks buffer.
The amendment to the motion failed for lack of a second.
01:46:55 Mayor Johnson made a motion to amend Exhibit A and strike all reference to all
B-1, B-2, B-3, B-4, and B-5 zoning districts (only industrial zones would remain).
Council Member - Mayor Johnson: Motion
Council Member - Councilor Gabriel: 2°d
01:47:33 Mayor Johnson spoke to his motion.
01:54:18 Councilor Daoud provided discussion in opposition to the amendment and asked staff
how the amendment would show on the map.
01:58:50 Councilor Waterman provided discussion in opposition to the amendment to the
motion.
Vote on the amendment.
Mayor - Mark Johnson: Motion
Council Member - Kari Gabriel: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Absent
Council Member - Chad Graham: Absent
Council Member - Kyle Waterman: Disapprove
Council Member - Ryan Hunter: Disapprove
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Disapprove
The amendment passed with Councilors Gabriel, Carlson, Kluesner, and Mayor Johnson
in favor and Councilors Waterman, Daoud and Hunter opposed, and Councilors Nunnally
and Graham absent.
Vote on the main motion.
Council Member - Kyle Waterman: Motion
Council Member - Sid Daoud: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Disapprove
Council Member - Sam Nunnally: Absent
Council Member - Chad Graham: Absent
Council Member - Kyle Waterman: Disapprove
Council Member - Ryan Hunter: Approve
Council Member - Tim Kluesner: Approve
Council Member - Sid Daoud: Disapprove
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Kalispell City Council Minutes, October 4, 2021
The main motion as amended passed with Councilors Gabriel, Carlson, Kluesner, Hunter
and Mayor Johnson in favor, and Councilors Waterman and Daoud opposed and
Councilors Graham and Nunnally absent.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
• Montana League of Cities and Towns Conference online all this week.
• Next work session — Intersection improvements as it relates to traffic. Capital
improvements in next city budget.
02:02:15 Councilor Daoud spoke to the strong views regarding cannabis and the industry and
was glad to see the Council was able to disagree amicably.
02:03:08 Councilor Gabriel agreed with Councilor Daoud and appreciated the discussion and
input.
02:03:31 Mayor Johnson voiced his appreciation for Council dialogue. He then spoke regarding
the Rose Crossing curve changes. He then referenced the Facebook outage that occurred today.
J. ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:02 p.m.
Aim e Brunckhorst, CMC
City Clerk
Minutes approved on October 18, 2021
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Work Session — October 11, 2021, at 7:00 p.m. — Council Chambers
Next Regular Meeting — October 18, 2021, at 7:00 p.m. — Council Chambers
Watch 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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