01-18-22 City Council Meeting MinutesCITYOF
KALISPELL
CITY COUNCIL MEETING MINUTES
TUESDAY, January 18, 2022, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
The public was able to participate in person in the council chambers or via videoconferencing.
Public comment was also available via email to publiccommentCa),kalispell.com.
Video of this meeting with time stamped minutes can be found at:
https://www.kalispell.com/480/Meetinz-Videos.
A. CALL TO ORDER
Mayor Mark 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: Present
Council Chair - Chad Graham: Present via video conference
Council Member — Jed Fisher: Present
Council Member - Sid Daoud: Present
Council Member — Jessica Dahlman: Present
Council Member - Ryan Hunter: Present
Staff present in council chambers included City Manager Doug Russell, City Attorney Charles
Harball, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Public
Works Director Susie Turner, and Police Lieutenant Jordan Venezio.
C. PLEDGE OF ALLEGIANCE
D. AGENDA APPROVAL
Motion and Vote to approve the agenda as presented.
Council Member - Ryan Hunter: Motion
Council Member - Sam Nunnally. 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Chad Graham: Approve
Council Member - Sid Daoud: Approve
Council Member - Ryan Hunter: Approve
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Kalispell City Council Agenda, Tuesday, January 18, 2022
Council Member - Sam Nunnally: Approve
Council Member — Jed Fisher: Approve
Council Member — Jessica Dahlman: 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 — January 3, 2022 ~.a
2. Acceptance of ARPA Grants Oka
Staff recommends acceptance of four (4) ARPA Grant Awards.
Motion and Vote to approve the consent agenda as submitted.
Council Member - Sam Nunnally: Motion
Council Member - Sandy Carlson: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Chad Graham: Approve
Council Member - Sid Daoud: Approve
Council Member - Ryan Hunter: Approve
Council Member - Sam Nunnally: Approve
Council Member — Jed Fisher: Approve
Council Member — Jessica Dahlman: Approve
The motion passed unanimously on voice vote.
F. COMMITTEE REPORTS — None.
G. PUBLIC COMMENT
Mayor Johnson opened general public comment.
00:03:10 Ron Garson, Public Comment
Mr. Garson of 9 41h Ave. East referred to previous written public comment he submitted
regarding the imminent eviction of residents at the Fairbridge/Outlaw Inn and spoke regarding
the housing crisis in Kalispell. Mr. Garson asked Council to do whatever they can to alleviate the
situation for those being asked to vacate the Inn.
00:05:19 Jamie Ouinn, Public Comment
Ms. Quinn, Executive Director of the Flathead Food Bank also spoke regarding the citizens who
will need to vacate the Fairbridge/Outlaw Inn annex shortly. She spoke regarding the lack of
capacity from a social service standpoint to find housing for the people that will be homeless in
less than a month. She asked the city for assistance and a resolution. She spoke further about the
people that reside there and the situation this issue will likely cause for the community.
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Kalispell City Council Agenda, Tuesday, January 18, 2022
00:09:01 Tonva Horn, Public Comment
Ms. Horn with the Flathead Warming Center believes we are just days away from a community
emergency with the sale of the Outlaw Inn and the subsequent evictions for those staying there
that will affect 60 units with approximately 200 people. She explained the communities'
resources cannot take such a blow. She spoke further about this crisis and the emergency services
that will be affected and are already at max capacity. She reported that the Warming Center is at
max capacity with 40 individuals and every night the Warming Center is turning away 5 to 15
individuals. She spoke further about the current housing crisis. She asked the community to get
ahead of the housing crisis. She said that city representation on the Warming Center Board
would be welcomed. She asked the City Council to be a voice in the community on this issue and
speak to the parties involved at the Fairbridge/Outlaw Inn.
00:12:03 Matt Karen, Public Comment
Mr. Karen a current resident of the Outlaw Inn annex spoke regarding the situation he and other
people staying at the Outlaw Inn are facing as they have been asked to vacate. He spoke
regarding the approximately 30 kids, disabled individuals, veterans, and single mothers that live
in the annex. He explained the living situations at the location and the lack of housing that
prevent himself and others from finding an alternative.
Seeing no further public comment, Mayor Johnson closed public comment.
Public comment received recently to publiccommentaKalispell.com can be found at:
httys://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=l 51456&dbid=0&r0o=Kalispell.
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 publiccomment@kalispell.com or during the meeting verbally
in council chambers or via the online meeting. Please provide your name and address for
the record.
1. Charles Hotel Developer's Agreements and Buy/Sell Agreement Approval *1 G
This item would approve and authorize the City Manager to execute the following
documents for the Charles Hotel/Parking Structure projects:
a. Charles Hotel Project at 3rd and Main Developer's Agreement;
b. Parking Structure at 1 st St West and 1 st Ave West Developer's Agreement;
and
c. Parking Lot at Yd and Main Buy/Sell Agreement.
00:15:57 City Manager Doug Russell began the staff presentation on this item.
00:20:18 Development Services Director Jarod Nygren continued the staff presentation.
00:23:37 Councilor Hunter began questions for staff.
00:29:57 Councilor Daoud began questions for staff.
00:31:48 Councilor Dahlman began questions for staff.
00:32:25 Councilor Graham began questions for staff.
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Kalispell City Council Agenda, Tuesday, January 18, 2022
00:34:34 Councilor Hunter continued questions for staff.
Public Comment
Mayor Johnson opened the public comment on this item. Seeing none, he closed public
comment.
00:35:48
Motion to approve and authorize the City Manager to execute the Developer's Agreement
for the Hotel proiect at 3rd and Main.
Council President — Chad Graham: Motion
Council Member — Kari Gabriel: 2nd
00:36:36 Councilor Graham provided discussion on the motion.
00:39:44 Councilor Fisher asked staff how the property was originally acquired.
00:40:44 Councilor Hunter provided discussion on the motion.
00:41:10 Councilor Hunter provided discussion on a motion to amend he plans to offer on the
second motion on the memorandum.
00:51:12 City Manager Russell provided information related to Councilor Hunters discussion.
00:53:46 Councilor Hunter continued discussion.
00:54:58 City Manager Russell provided further information regarding state law related to this
item.
Development Services Director Jarod Nygren provided further information.
00:57:08 Councilor Hunter continued discussion.
00:58:07 Councilor Graham asked for a point of order.
00:58:30 Councilor Hunter continued discussion.
00:59:17 Councilor Daoud began discussion on the motion.
01:02:12 Mayor Johnson provided discussion on the motion.
01:06:34
Vote on the motion.
Council Chair - 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
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Kalispell City Council Agenda, Tuesday, January 18, 2022
Council Chair - Chad Graham: Approve
Council Member — Jessica Dahlman: Approve
Council Member - Sid Daoud: Approve
Council Member — Jed Fisher: Approve
Council Member - Ryan Hunter: Disapprove
The motion passed on roll call vote with Councilor Hunter opposed.
01:07:16
Motion to approve and authorize the City Manager to execute the Developer's Agreement
for the Parking Structure which will be located on city -owned property at 1st Street West
and 1st Avenue West.
Council Member — Sam Nunnally
Council Member — Jed Fisher: 2°d
01:07:59 Councilor Hunter provided discussion on the second motion.
01:09:29 Councilor Hunter moved to amend the motion revising section 3.2 the parking
structure development agreement so that the TIF money only reimburses for 64% of the
parking structure accounting for the public spaces and not the 90 reserved for the hotel
leaving 36% of the TIF dollars available for alternative uses with low-income housing in
mind.
01:10:10 Amendment to the motion failed for lack of a second.
Mayor Johnson provided discussion.
01:12:11 City Manager Russell provided further information.
01:14:15 Vote on the original motion.
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 Chair - Chad Graham: Approve
Council Member — Jessica Dahlman: Approve
Council Member - Sid Daoud: Approve
Council Member — Jed Fisher: Approve
Council Member - Ryan Hunter: Disapprove
The motion passed on roll call vote with Councilor Hunter opposed.
01:14:45
Motion and Vote to approve as to form and authorize the City Manager to execute the
buy/sell agreement for the parking lot, as described in the buy/sell agreement.
Council Member - Sandy Carlson: Motion
Council Member - Sam Nunnally: 2nd
Mayor - Mark Johnson: Approve
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Kalispell City Council Agenda, Tuesday, January 18, 2022
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Sam Nunnally: Approve
Council Chair - Chad Graham: Approve
Council Member — Jessica Dahlman: Approve
Council Member - Sid Daoud: Approve
Council Member — Jed Fisher: Approve
Council Member - Ryan Hunter: Disapprove
The motion passed on roll call vote with Councilor Hunter opposed.
2. Ordinance 1871 Repeal of First Responder Age Requirements — 1 st Reading''
a
This item would repeal Ordinance 1467, which requires police officers to be
between the ages of 20 and 40 when appointed, and a portion of Ordinance 1337,
which requires fire fighters to be 34 or under when appointed.
01:16:03 City Manager Russell provided the staff presentation on this item.
01:17:16
Public Comment
Mayor Johnson opened the public comment on this item. Seeing none, he closed public
comment.
01:17:33 Motion and Vote to approve the first reading of Ordinance 1871, an ordinance
repealing that portion of Ordinance 1337, codified at KMC 9-1-1(A), related to age related
hiring restrictions for firefighters employed by the City of Kalispell, repealing all of
ordinance 1467, codified at KMC Section 22-6, relating to age related hiring restrictions for
Police Officers employed by the City of Kalispell, declaring an effective date and
authorizing the City Attorney to codify the same.
Council Member - Sid Daoud: Motion
Council Member — Jed Fisher: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Chad Graham: Approve
Council Member - Sid Daoud: Approve
Council Member - Ryan Hunter: Approve
Council Member - Sam Nunnally: Approve
Council Member — Jed Fisher: Approve
Council Member — Jessica Dahlman: Approve
The motion passed unanimously on roll call vote.
3. Ordinance 1872 — Cfty Em to ee Residency R uirements — 1st Reading, a
This item would repeal Ordinance 1582, which imposes residency requirements
on City employees.
01:18:42 City Manager Russell provided the staff presentation on this item.
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Kalispell City Council Agenda, Tuesday, January 18, 2022
01:19:33 Public Comment
Mayor Johnson opened public comment on this item. Seeing none, he closed public comment.
01:19:44
Motion to approve the first reading of Ordinance 1872, an ordinance repealing ordinance
1582, codified at KMC Section 20A-1, relating to residency requirements and preferences
for employees of the City of Kalispell, declaring an effective date and authorizing the City
Attorney to codify the same.
Council Member — Sid Daoud: Motion
Council Member — Sandy Carlson: 2nd
01:20:04 Councilor Hunter provided discussion on the motion.
Vote on the motion.
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: Approve
Council Chair - Chad Graham: Approve
Council Member — Jessica Dahlman: Approve
Council Member - Sid Daoud: Approve
Council Member — Jed Fisher: Approve
Council Member - Ryan Hunter: Approve
The motion was approved unanimously on roll call vote.
Resolution 6058 - Residency Requirements for Fire Fighters — Repeal of Voter
Initiative G
This item would place the question of repeal of the voter approved residency
requirements for fire fighters on the 2022 City of Kalispell Primary Ballot.
01:22:26 City Manager Russell provided the staff presentation on this item.
Public Comment
Mayor Johnson opened the public comment on this item. Seeing none, he closed public
comment.
01:23:41 Motion and Vote to approve Resolution 6058, a resolution by the Kalispell City
Council to send the question of repeal of a previously approved voter initiative regarding
residency requirements for City of Kalispell Firefighers to the City Electors as a Ballot
measure pursuant to MCA 7-5-132(3) and approving the ballot language.
Council Member - Sid Daoud: Motion
Council Member - Ryan Hunter: 2nd
Mayor - Mark Johnson: Approve
Council Member - Kari Gabriel: Approve
Council Member - Sandy Carlson: Approve
Council Member - Chad Graham: Approve
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Kalispell City Council Agenda, Tuesday, January 18, 2022
Council Member - Sid Daoud: Approve
Council Member - Ryan Hunter: Approve
Council Member - Sam Nunnally: Approve
Council Member — Jessica Dahlman: Approve
Council Member — Jed Fisher: Approve
The motion passed unanimously on roll call vote.
I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action)
City Manager Doug Russell provided the following report:
• Mr. Russell will be in Helena this week for an MMIA meeting.
• The upcoming work session will include discussion of a banner policy.
• 5ch Monday — no meeting, Feb. 7 for regular meeting.
01:25:27 Councilor Daoud provided discussion regarding agenda items H2. through H4.
Councilor Daoud spoke regarding the housing situation that the city is feeling.
01:27:43 Councilor Hunter spoke to the concerns raised by public comment regarding the
Fairbridge Inn.
Councilor Hunter asked for a work session regarding turning the city property south of the
Legends Stadium into a city park. He also spoke regarding the possibility of purchasing
adjoining undeveloped nearby private properties.
01:30:32 City Manager Russell spoke regarding the need for an updated parkland master plan.
01:31:58 Mayor Johnson agreed to a related work session.
01:32:14 Councilor Dahlman recognized the community members that have come forward to
speak about the situation at the Outlaw/Fairbridge Inn.
01:32:50 Councilor Nunnally spoke regarding the community and the volunteers that step up and
gives time, talent, and treasure to our community. He then spoke regarding the needs of people
staying at the Outlaw/Fairbridge Inn and any discussion that could be had with those involved.
01:35:21 Councilor Carlson also spoke regarding the needs of people staying at the
Outlaw/Fairbridge Inn and whether the Council has any jurisdiction to change the situation.
City Manager Russell spoke to Councilor Carlson's questions about jurisdiction related to the
Outlaw/Fairbridge Inn.
01:39:17 Councilor Graham reiterated Councilor Carlson's feelings of helplessness related to the
Outlaw/Fairbridge Inn issue.
01:42:55 Mayor Johnson asked about looking at an update to the growth policy through a sub-
committee.
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Kalispell City Council Agenda, Tuesday, January 18, 2022
Mayor Johnson then spoke regarding the future work session discussion on design standards.
Mayor Johnson thanked Councilor Graham for running the meeting last week. He then said he
made a seating change arranging the Council members by ward.
Mayor Johnson announced he has been appointed to the board of the Montana League of Cities
and Towns.
Mayor Johnson spoke to the situation at the Fairbridge/Outlaw Inn. He spoke regarding
conversing with the members involved to apply political pressure for them to find a solution. He
said he has also been conversing with local service providers and with Senator Tester's office to
see if any resources could be found there. He thanked the public for the public comment
provided and thanked the nonprofits and service providers for all of their hard work for the
community.
J. ADJOURNMENT
Mayor Johnson adjourned the meeting at 8:47 p.m.
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UPCOMING SCHEDULE / FOR YOUR INFORMATION
City Offices Closed — January 17, 2022 — Martin Luther King Jr. Holiday
Next Work Session — January 24, 2022, at 7:00 p.m. — Council Chambers
Next Regular Meeting — February 7, 2022, 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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