Loading...
E1. 01-23-23 Work Session MinutesCITY COUNCIL KMy OF DRAFT WORK SESSION MINUTES ALISPELL January 23, 2023, 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. Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Rvan Hunter: Present Staff present in Council Chambers included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Parks and Recreation Director Chad Fincher, Police Chief Doug Overman, and Patrol Captain Jordan Venezio. B. DISCUSSION 1. Review of Potential Ordinances Related to Public Parks City Manager Doug Russell began the presentation on this item. 07:17:51 PM (00:19:59) Councilor Dahlman began questions for staff related to arrests within the parks. City Manager Russell responded to questions. 07:19:17 PM (00:21:25) Police Chief Doug Overman spoke regarding citations issued within Depot Park. 07:19:46 PM (00:21:54) Councilor Dahlman provided discussion. City Manager Russell responded to questions. 07:22:07 PM (00:24:14) Councilor Dahlman continued questions. Page 1 of 11 Kalispell City Council Minutes, January 23, 2023 07:22:59 PM (00:25:06) Councilor Dahlman provided discussion. 07:23:15 PM (00:25:23) Councilor Hunter provided discussion. 07:32:42 PM (00:34:50) Councilor Nunnally provided discussion. 07:34:55 PM (00:37:03) Councilor Graham asked questions. City Manager Russell answered questions. Councilor Graham provided discussion. 07:40:27 PM (00:42:35) City Manager Russell responded to a question raised. 07:41:35 PM (00:43:43) Mayor Johnson asked questions. 07:42:14 PM (00:44:22) City Attorney Preble answered questions. 07:43:17 PM (00:45:25) Councilor Hunter provided discussion. 00:48:57 Councilor Daoud asked questions of staff. 07:47:22 PM (00:49:30) Police Chief Overman answered questions. 07:47:52 PM (00:50:00) Councilor Daoud provided discussion. 07:48:08 PM (00:50:16) Police Chief Overman provided information about how the police department handles situations. Councilor Daoud provided further discussion. 07:53:01 PM (00:55:02) Parks Director Chad Fincher explained when event insurance is necessary when a park permit is issued. 07:54:01 PM (00:56:09) Councilor Daoud provided further discussion. 07:55:28 PM (00:57:36) Councilor Fisher asked questions of staff. 07:55:45 PM (00:57:5D City Manager Russell responded to questions. Councilor Fisher asked questions of staff. Police Chief Overman responded to questions. 07:59:11 PM (01:01:19) Councilor Dahlman provided further discussion. 07:59:50 PM (01:01:58) Police Chief Overman responded to questions. 08:00:15 PM (01:02:23) Councilor Dahlman provided further discussion. Page 2 of 11 Kalispell City Council Minutes, January 23, 2023 08:01:18 PM (01:03:26) Councilor Fisher provided further discussion. 08:01:33 PM (01:03:41) Councilor Hunter provided further discussion. 08:02:01 PM (01:04:09) Councilor Fisher provided further discussion. 08:02:27 PM (01:04:35) Mayor Johnson provided discussion. 08:03:14 PM (01:05:22) Councilor Fisher provided discussion. 08:03:56 PM (01:06:03) Councilor Daoud provided further discussion. 08:05:04 PM (01:07:12) Mayor Johnson provided discussion. 08:06:08 PM (01:08:10 Councilor Gabriel provided discussion. Public comment received to publiccommentgkalispell.com recently on this topic can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=159076&dbid=0&repo=Kalispell C. PUBLIC COMMENT Mayor Johnson opened public comment. 08:09:58 PM (01:12:06) Tonva Horn, Public Comment Ms. Horn, Executive Director of the Flathead Warming Center spoke to how the behaviors exhibited by individuals around the gazebo that have been discussed are not acceptable and why she feels certain individuals do not seek out the Warming Center. She spoke to the extent of the problems the community is facing and her views, position, and data from the Warming Center explaining that most individuals who are homeless have been in the community for years. She spoke to being unsuccessful in getting mental health evaluations and involuntary commitments for these individuals who need treatment. She spoke regarding the extensive needs of the community and the lack of resources. She provided volunteer hour numbers and other data including the population set they are serving at the center and talked about looking for collaborative solutions. She spoke regarding the high price tag of sending people in an endless cycle through the shelter, police, emergency room, and jail with nowhere for the mentally ill to go. She spoke regarding keeping people accountable for their behavior and the need for treatment services in the jail and to needing beds available at a local mental health emergency organization and at a local detox center, and the lack of case service management services since the reimbursement rates were cut by the legislature. She continued explaining the services the community needs to deal with this issue and urged all leaders to come together to work towards a solution. 0 1:23:27 Cassidy Kipp, Public Comment Ms. Kipp spoke regarding the data that is available on the local homeless population. She relayed her feelings related to homelessness growing up in the community explaining it is not a new issue but has become increasingly more noticeable and needs new solutions. She spoke to the value of a life. She then spoke to the importance of making decisions based on data. 08:24:32 PM (01:26:39) Sean O'Neil, Public Comment Page 3of11 Kalispell City Council Minutes, January 23, 2023 Mr. O'Neil, the Community Services Director for Community Action Partnership and the Chair of the Community Housing Solutions of Northwest Montana spoke to his experience with this issue in the community and how that led to creating the Local continuum of Care to End Homelessness. He defined local continuum of care and the guidelines and funding available. He spoke in opposition to the proposed ordinances saying that solutions need to be found without additional law enforcement involvement. He explained that Collaborative Housing Solutions has been looking into solutions and that they have seen impactful changes as a result of a five-year plan. They are currently finishing the strategic portion of the plan to end homelessness and talked about their goals. He told the story of a local senior who struggles with homelessness. He would ask leaders to join their conversations. 01:31:12 Loraine Clarno, Public Comment Ms. Clarno, Executive Director, and CEO of the Kalispell Chamber of Commerce spoke as a tenant in the building adjacent to Depot park and the negative behaviors they have witnessed and experienced regarding the encampment in the gazebo at Depot Park and the unsafe conditions for their staff and the public. She spoke to the responsiveness of the Kalispell Police Department, but feels they need more tools. She spoke further about the views she has heard from businesses and visitors regarding feeling unsafe in the parks and trails and coming to the Depot building. She thanked the Council for having these tough discussions and the decision to close the gazebo while solutions are being looked into. 01:35:33 Angela Parsley, Public Comment Ms. Parsley on Reserve spoke regarding the need for detoxification facilities and treatment and her experiences with homeless outreach. She spoke in opposition to the ordinances presented saying she feels they won't necessarily help and are punitive for the rest of the public. 01:38:02 Dou,-Adams, Public Comment Mr. Adams, Chairman of the Board for ImagineIF Libraries stressed on behalf of the board that the drug and alcohol problem is not just a park problem and asked that Council expand the ordinance to all public areas including those indoors as they have seen significant issues within the libraries. He spoke regarding issues that have occurred within the library. He then spoke as a private citizen in agreement with the County Commissioners recent letter. He talked about accountability and additional incarceration and jail time and in opposition to government shelters and programs saying help should be provided by family, friends, churches, and neighbors. He spoke further on his beliefs. 08:43:38 PM (01:45:46) Scott Gardner, Public Comment Mr. Gardner spoke regarding his past work experience and being a victim of theft. He feels one solution is to put homeless to work for private business through a government levy. He spoke in favor of the proposed ordinances. He spoke regarding looking for a solution from the community. He spoke further on his beliefs. 08:48:03 PM (01:50:111 Mayor Johnson spoke regarding the reduction in funding at the state level in 2017 for mental health and other services. He spoke to the bills introduced this year at the state level that would strip away local government's abilities to put in levies and asked the public to pay attention to what is going on in the state legislature as it is a big assault on local control. Page 4 of 11 Kalispell City Council Minutes, January 23, 2023 08:49:18 PM (01:51:26) Erik Boehm, Public Comment Mr. Boehm, co-owner of Wheat Montana spoke regarding his negative experiences within the bakery with individuals since the Depot Park gazebo has closed. He is not opposed to the ordinances proposed but would like an alternative solution found. He spoke further regarding his views on this community issue. He spoke further on his beliefs including his opposition to the legalization of recreational marijuana. 08:54:28 PM (01:56:36) Walter Roundtree, Public Comment Mr. Roundtree spoke regarding law enforcement as the main user of the proposed ordinances and asked Council to ensure that is the greatest part of their consideration. He spoke regarding making the parks less attractive to homeless individuals and providing another more attractive area for the transients to be. 08:57:11 PM (01:59:19) Zach Asteros, Public Comment Mr. Asteros is a new resident and spoke to his experiences in another community dealing with similar issues. He spoke to holding people accountable and the community deciding what accountable means. He spoke regarding partnerships for providing housing. 02:03:20 Dorothy Williams, Public Comment Ms. Williams spoke to vagrants having a lack of respect and spoke in opposition to any ordinance the community would need to follow and would like vagrants gone from the country. She spoke further about her beliefs. 02:06:41 Laura Reynolds, Public Comment Ms. Reynolds spoke to having difficult conversations about solving the root causes of these issues. 02:07:54 Rod Kuntz, Public Comment Mr. Kuntz spoke to the need for order and additional tools for law enforcement. He spoke in support of the ordinances presented and conversations that follow. 09:07:37 PM (02:09:45) Sean, Public Comment Sean read from the Montana Constitution and spoke to the lack of cleanliness among those that have been utilizing the Depot gazebo and demanding that the vagrants be forced to clean up the spaces, serve community service, and in support of helping them move somewhere else. He spoke further on his beliefs. 09:11:39 PM (02:13:47) Kelly Shanafelt Public Comment Ms. Shanafelt spoke saying she is a third generation Montanan and is in favor of the ordinances presented. She spoke regarding managing low-income rental housing buildings working with Community Action Partnership, and how some of the homeless people that have been housed do amazing while others abuse the housing. She spoke regarding the need for more housing and the difficulties that homeless people find in being accepted into housing. She spoke in support of having safe parks and to the lack of mental health facilities. She spoke further on her beliefs. 02:18:56 Dan Dorsett, Public Comment Mr. Dorsett of Kila said his wife manages a store in Kalispell. He spoke regarding being assaulted and badly injured by a homeless individual while a police officer and spoke further on his past experiences. He spoke to the need for additional jail space and the need for mental health Page 5 of 11 Kalispell City Council Minutes, January 23, 2023 services including those for veterans. He spoke to vagrants going into the stores and shoplifting and other issues on private property. He spoke further on his beliefs. 09:23:04 PM (02:25:12) Loren Stemick, Public Comment Mr. Stemick spoke to his past experiences as a law enforcement officer and spoke in support of the ordinances presented and would prefer that they include alleys, and other public areas. He feels additional services lead to additional homeless. He spoke in opposition to housing first solutions. He spoke to moving homeless out of the area and the complications of addiction. He spoke further on his beliefs. 09:28:44 PM (02:30:5 1) Adam Woolhousen, Public Comment Mr. Woolhousen spoke regarding the murder that happened in the Fuel Fitness parking lot that happened several years ago. He then spoke to how many people carry guns and the inherent dangers. He feels that offering donations to vagrants causes problems. He talked in opposition to allowing vagrancy. He would like vagrants shipped out of town saying he would pay a levy to pay for it. He spoke further on his beliefs. 09:31:51 PM (02:33:58) Rachel Franks, Public Comment Ms. Franks, the Manager at Starbucks across from Depot Park spoke regarding the negative experiences staff and customers are having with vagrants in their business and having to restructure the business based on those experiences. She has heard from customers who no longer want to come into the business due to fears of the vagrants. She spoke further on her experiences. 09:34:14 PM (02:36:22) Chasey Simpson, Public Comment Ms. Simpson spoke as a prior homeless person with past drug addiction problems saying the community is blaming the whole for the actions of a few. She feels additional ordinances would only create more work for the police. She spoke regarding working together as a community mentioning empty buildings that could be utilized and food that is thrown away. She spoke to the inability of people that have issues gaining employment and the lack of affordable housing and resources. She said that many of the homeless do have jobs but do not make enough to afford housing. She spoke to the changes that have happened over her lifetime of living in Kalispell, saying that people are no longer willing to help others. 09:37:37 PM (02:39:45) Devin Decker, Public Comment Mr. Decker spoke in opposition to needle disposal bins in parks and explained why he feels that way. He feels that the vagrants in Depot Park are beyond helping. He feels the solution should be community based, not government. 09:40:37 PM (02:42:45) Sherilyn Devries, Public Comment Ms. Devries on behalf of the Montana Human Rights Network spoke to community solutions and the complex issues that are involved including job loss, rising rental rates, long term rentals being turned into vacation housing, health crises that wipe out savings, physical disabilities, and mental health issues. She spoke to the negative labels that have been used for unhoused people and spoke in opposition to the proposed ordinances. She talked about collaborating with the organizations that are already working with this population of individuals and spoke to individual experiences of specific unhoused people. She spoke further on her beliefs about how to look for solutions. Page 6 of 11 Kalispell City Council Minutes, January 23, 2023 09:43:34 PM (02:45:42) Luke Rumma,-e, Public Comment Mr. Rummage spoke in appreciation of the streaming service for Council meetings. He talked about how close many people come to being homeless. He then talked about why he attends council meetings and spoke regarding his religious faith and how solutions should come from the community. His religious faith calls him to help others by supporting programs that offer aid. He spoke further on his beliefs. 09:47:13 PM (02:49:21) Jamie Quinn, Public Comment Ms. Quinn with the Flathead Foodbank is not in support of the proposed ordinances. She spoke regarding an increase each month over the past year in clients at the food bank and provided numbers related to various categories of citizens utilizing the foodbank. She spoke to a decrease in food being donated and the increase in food prices. She talked about being 100% funded by the community. She is concerned that this problem will continue to get worse. 09:50:06 PM (02:52:14) Samantha Litle, Public Comment Ms. Litle spoke regarding an increasing concern for safety in public areas and trails and negative experiences she and her children have had with vagrants. She feels they can no longer visit public areas. She spoke further regarding seeing negative behavior from the vagrant population. She feels Council is not paying enough attention to people providing public comment. She spoke further regarding her beliefs. 09:54:02 PM (02:56:10) Valerie McGarvey, Public Comment Ms. McGarvey spoke in opposition to ordinances that she believes regulate one facet of the community saying we cannot close off public areas to people that make us uncomfortable. She spoke to having positive experiences in the library and talked about serving and donating within various nonprofit organizations. She spoke in opposition to the County Commission letter that recently came out asking that we deny services the homeless and stop helping our community. She urged the Council to do research and talk with area nonprofits. She spoke further regarding her beliefs. 09:58:21 PM (03:00:29) Kristin Ryder, Public Comment Ms. Ryder of Whitefish spoke to a study commission completed within another community and how that data was helpful to them to help the population. She talked about interviewing the homeless within another community and the variety of issues that brought them to homelessness. She would like the council to consider how to help the police with dealing with violent, mentally ill people. She spoke to negative experiences she has heard about from tenants in another community that offered housing for the homeless. She talked about the problems San Francisco has because of human feces. 10:02:02 PM (03 :04:10) Avelynn Fisley, Public Comment Ms. Fisley spoke regarding being previously homeless and receiving help from the Warming Center and Samaritan House. Saying the only reason she is no longer homeless is because she found affordable housing which is very limited. She has friends who are homeless, and they are trying their hardest. She makes minimum wage yet makes too much to get food stamps. 10:03:10 PM (03:05:18) Cindy Depinto, Public Comment Ms. Depinto spoke to the community being in danger from the situations under discussion and why she believes that. She spoke in favor of the ordinances being considered as a good starting Page 7 of 11 Kalispell City Council Minutes, January 23, 2023 point. She talked about picking up needles and disposing of them. She believes that building shelters makes the homeless come to the community. 10:04:53 PM (03:07:00) Zach Block, Public Comment Mr. Block spoke to the lack of solutions and the need for a healthy society and the need for mental health facilities for people that need to be committed. He spoke to the lack of solutions, but said we should not put up with it, yet solutions need to keep public liberties in mind and our souls intact. He spoke to holding people accountable as a community. He spoke further about his beliefs. 10:08:00 PM (03:10:08) Kyle Waterman, Public Comment Mr. Waterman encouraged Council to look further than what is on the agenda tonight and lean into the broader conversation. He spoke to state funding issues and resources that the legislature needs to look at and reminded everyone that the state legislature is in session right now. He said that group homes, community centers and even some nursing homes are in danger of closing for lack of funding from Medicaid reimbursement. He talked about his community involvement and would encourage everyone to get involved in community solutions and partnerships. He spoke to solutions happening through resources such as Collaborative Housing Solutions. He spoke further on his beliefs. 10:11:47 PM (03:13:55) Nino Gabaldon, Public Comment Mr. Gabaldon with New Now Village, a supportive housing community spoke to humanizing the issue and the difficulty of these situations. He spoke in support of the Housing First solution and dealing with basic needs so as to be able to work on further issues. He relayed a personal story about mental health and to the mental health needs of members in a community. He talked about the importance of continuum of care and talked about New Now Village partnering with other organizations in the community. He spoke further on his beliefs. 10:14:26 PM (03:16:34) Victoria Gabaldon, Public Comment Ms. Gabaldon with the New Now Village mentioned the closure several years ago of the Blue and White Motel and the Outlaw Inn and how that has affected the rate of homelessness. She spoke to the needs of the community and treating everyone with equality and wanting to do more for those in need. She talked about the need for a day center to offer support and the importance to this issue of somewhere for homeless to be in the daytime. She suggested a day center in the empty portion of the mall, and the need for public restrooms. She spoke regarding the importance of giving everyone a chance. She spoke further on her beliefs. 03 :19:46 Tucker Landerman, Public Comment Mr. Landerman, owner of T.L Slicks Barber Shop and Shave Parlor across from Depot Park first spoke of his charitable contributions. He then spoke to the negative events and trash he has witnessed in the area including in alley ways and on private property. He spoke regarding himself, and his customers being approached by transients and entering his business to loiter and attempt to steal. He spoke to his refusal of accepting the vagrants and their behavior. 10:20:37 PM (03:22:45) Brendan Hass, Public Comment Mr. Vlass, an employee at TL Slicks Barber Shop spoke regarding the importance of tools to allow law enforcement to stand up to this type of behavior. He spoke in support of the proposed ordinances saying they provide confidence in knowing there is a little more regulation going on Page 8 of 11 Kalispell City Council Minutes, January 23, 2023 in our public areas. He spoke regarding saying no to this behavior. He spoke further regarding his beliefs. 03:25:08 Nicholas Ramlow, Public Comment Mr. Ramlow spoke to the community being responsible for the culture in the parks and in opposition to government solutions. He asked the community to step up to change the culture in the parks. He spoke further regarding his beliefs and to his past comments to the Council. 10:26:23 PM (03:28:3 11 Bill Goldberg, Public Comment Mr. Goldberg owner of the KM Building in downtown spoke to living in Whitefish previously and feeling that the ordinances presented were helpful there. He talked to security issues he has experienced at the KM Building and how he has changed how he manages the building. He talked to criminal activity he has seen in the building and the need to prosecute violators to the fullest extent of the law. He said he realizes this is a multi -faceted problem. He spoke to his frustrations with what he feels is a lack of accountability and the lack of fear for the law and the importance of improving the safety of the community. He spoke further regarding his beliefs. 10:33:30 PM (03:35:38) Larry Lautaret, Public Comment Pastor Lautaret spoke to the need for solutions to the criminal aspect of the issue. He spoke to his experience as a pastor and his admiration of the police department. He spoke to the lack of room within the jail, prosecuting offenders, and the need for mandatory, minimal housing without free hand-outs. He spoke about collaborative solutions and spoke in support of some of the nonprofit services offered. He talked about individual responsibility and immediate consequences for criminal acts and restitution. He spoke in favor of the ordinances proposed. He spoke further regarding his beliefs. 10:42:45 PM (03:44:53) Shannon McNamee, Public Comment Ms. McNamee who runs a business in the loading dock building across from Depot Park spoke to her negative experiences over the past several years with vagrants within the building and changes they have had to make to try to keep staff safe. She spoke to investing in additional jail space and the need for additional addiction services if people in need choose that option. She spoke further regarding her beliefs and frustrations. 03:48:25 Pam Carbonari, Public Comment Ms. Carbonari spoke to the lack of mental health solutions and drug addiction resources within the county. She feels the state legislators should be hearing about this mental health and drug addiction crisis and lack of space in the jail and ask them to use the state surplus to help with these issues. She spoke in opposition to state legislation that takes away local control and asking the state legislators to help with solutions such as opening back up mental health facilities. She spoke in favor of the ordinances presented. 10:52:49 PM (03:54:57) Marty Flores, Public Comment Mr. Flores, a business owner near Depot Park spoke in support of the proposed ordinances and would support public spaces being included within the ordinance and supports extending the ordinance to 3 hours versus 90 minutes. He would ask Council to consider how regulation will occur and where these people will go next if these ordinances are passed. 10:55:24 PM (03:57:32) Mandy Gerth, Public Comment Ms. Gerth spoke in opposition to the ordinances presented. She spoke to jails being very Page 9 of 11 Kalispell City Council Minutes, January 23, 2023 expensive. She spoke to the need for humanity towards those unhoused in the community. She spoke to the generosity of area residents and to the wealth of community partners and the need for collaborations. She feels law enforcement should be better funded as it relates to community support specialists. 10:57:25 PM (03:59:33) Tristan Johnson, Public Comment Mr. Johnson spoke in opposition to the ordinances presented as he feels it will impact everyone. He feels additional trash cans could be helpful on trails and parks and speaking with organizations that work with the homeless to see what they think will help. He spoke further regarding his beliefs. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to publi ccomment(2kali spell. com can be found at: hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell 04:01:44 Mayor Johnson thanked the public for coming to the meeting and providing input. He then provided discussion. Mayor Johnson explained that the ordinances discussed tonight will be brought forward for a vote at the regular council meeting in two weeks. He let the public know that the County Commission meets next tomorrow, January 24, 2023, at 8:45 a.m. if individuals would like to provide testimony to the County Commission. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Russell explained that due to being a fifth Monday, Council will not meet next week. 11:02:40 PM (04:04:48) Mayor Johnson asked the public to pay attention to the state legislation being presented in Helena, discussing his beliefs in further detail. E. ADJOURNMENT Mayor Johnson adjourned the meeting at 11:03 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 Page 10 of 11 Kalispell City Council Minutes, January 23, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting — February 6, 2023, at 7:00 p.m. — Council Chambers Next Work Session — February 13, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online at https://www.kalispell.com/480/Meeting-Videos. Page 11 of 11