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02-06-23 City Council Meeting MinutesMY OF KALISPELL CITY COUNCIL MEETING MINUTES February 6, 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/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Absent 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 - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Parks and Recreation Director Chad Fincher, Interim Finance Director Aimee Cooke, Public Works Director Susie Turner, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member — Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Karl Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Page 1 of 13 Kalispell City Council Minutes, February 6, 2023 Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. 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 17 and 23, 2023 Wa 04P 2. Reject Bid for Lower Zone Water Storage Tanks This item considers rejecting the bid received for this project due to cost. 3. Award Bid for Stormwater Oualitv Treatment Facilities Project — Ashley Creek Drainage Basin 100 This item considers awarding this bid to LHC, Inc., in the amount of $971,949.60. 4. Professional Consultant Recommendation for a Stormwater Facility Plan Update This item recommends the selection of HDR as the professional consultant for this update. 04. 5. Firefighter/Paramedic Confirmations dia This item considers the confirmation of Firefighter/Paramedics Cody Butler, Jacob Brinlee, Zachary Lanz and John Mellencamp to the Fire Department. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 07:01:43 PM 00:03:02 Motion and Vote to approve the consent agenda as published. Council Chair - Chad Graham: Motion Council Member - Sam Nunnall : 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. Fire Chief Dan Pearce introduced the newly confirmed firefighters speaking about each one. Cody Butler Page 2of13 Kalispell City Council Minutes, February 6, 2023 Jacob Brinlee Zachary Lanz John Mellencamp Mayor Johnson pinned Firefighter badges on each of the newly confirmed Firefighters and thanked them for their service. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. Public comment received via email to the Mayor and Council at publiccomment@kalispell.com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=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. Resolution 6115 — C-Pace Program da This resolution considers creation of a Commercial Property Assessed Capital Enhancement Act of Montana District within the City of Kalispell. City Manager Russell provided the staff presentation. 00:13:59 Councilor Nunnally asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:13:26 PM (00:14:45) Motion to approve Resolution 6115, a resolution establishing a commercial property assessed capital enhancement program in Kalispell, Montana. 07:13:57 PM (00:15:16)Councilor Daoud provided clarification on the motion. Vote on the motion. Council Member - Jessica Dahlman: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Page 3 of 13 Kalispell City Council Minutes, February 6, 2023 Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 2. Resolution 6116 — Four Mile Drive Transportation Alternative Grant Application for Multi -Use Path Oa This resolution considers recommending the submittal of a Montana Department of Transportation grant application for a multi -use path connection on the north side of Four Mile Drive at the west end of the Kalispell Youth Athletic Complex. City Manager Russell provided the staff presentation. 07:15:38 PM (00:16:57) Development Services Director Jarod Nygren continued the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:16:16 PM (00:17:34) Motion and Vote to approve Resolution 6116, a resolution to approve an application by the City of Kalispell to the Montana Department of Transportation for a grant to fund a multi- use path connection for Four Mile Drive at the Kalispell Youth Athletic Complex. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 3. Resolution 6117 — Bonds for Sewer Lift Station 9 la This resolution considers issuance of bonds totaling $1,775,000 to fund the acquisition, construction, and equipping of a sewerage lift station. City Manager Russell provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 4 of 13 Kalispell City Council Minutes, February 6, 2023 07:18:05 PM (00:19:24) Motion and Vote to approve Resolution 6117, a resolution relating to $1,775,000 sewerage system revenue bonds (DNRC Water Pollution Control State Revolving Loan Program), consisting of $375,000 subordinate lien taxable series 2023A Bond and $1,400,000 tax- exempt Series 2023B Bond; authorizing the issuance and fixing the terms and conditions thereof. Council Member - Sid Daoud: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. 4. Consideration of Ordinances Related to Public Parks 04o a. Ordinance 1899 — First Reading - Excessive Personal Property This ordinance considers making it unlawful to place, store, or maintain personal property at public facilities outside of a special event or reservation, so as not to interfere with another's use of public property. b. Ordinance 1900 — First Reading - Creation of Structures This ordinance would limit the erection of structures in City Parks, not including municipal installations or installations or displays in conjunction with a special event. c. Ordinance 1901 — First Reading - Use of Park Structure Without Permit This ordinance would set limits on the amount of time a party could occupy a covered park structure without securing a permit for its extended use. This would not require anyone to move outside of the public park but would limit the ability to take all day possession of a single structure, such as a gazebo, and provide for a more equitable use across the public for the park amenities. City Manager Russell began the staff presentation on this item. 07:27:16 PM (00:28:35) Councilor Dahlman asked questions regarding Ordinance 1900. 07:30:26 PM 00:31:44) Councilor Dahlman asked for clarification and then said she would like to see the time limit extended on Ordinance 1901. 07:31:14 PM (00:32:32) Councilor Hunter asked questions about the current municipal code. 07:32:12 PM (00:33:31) City Attorney Preble clarified a provision of the current code. Page 5of13 Kalispell City Council Minutes, February 6, 2023 07:32:37 PM (00:33:56) Councilor Hunter continued questions. 07:37:00 PM (00:38:18) Councilor Daoud asked questions of staff. 07:42:38 PM (00:43:50 Chief Overman responded to questions from Councilor Daoud. 07:44:43 PM (00:46:02) Councilor Fisher provided discussion on the motion. 07:50:05 PM (00:51:23) Councilor Graham asked questions of staff. 07:53:02 PM (00:54:21) Councilor Hunter asked questions of staff. 07:54:29 PM (00:55:48) Councilor Nunnally asked questions of staff. 55:40 PM f 00:56:59) Public Comment Mayor Johnson opened public comment on this item. 07:55:48 PM (00:57:06) Josh Newsted, Public Comment Mr. Newsted of 124 Antler Peak Lane spoke in support of the proposed ordinances saying that the status quo is not working and spoke to the use of common sense to interpret these Ordinances. He spoke further regarding his views. 07:58:23 PM (00:59:42) Sean O'Neill, Public Comment Mr. O'Neill the Community Services Director with Community Action Partnership and the Chair for Collaborative Housing Solutions of Northwest Montana does not feel these ordinances will be effective and will adversely affect the general public. He spoke further regarding his views. 08:00:25 PM (01:01:44) Jamie Quinn, Public Comment Ms. Quinn spoke in opposition to these ordinances saying she feels they will be enforced unfairly, and feels this is criminalizing poverty. She spoke to all the services that are needed being underfunded. She spoke further regarding her views. Sean Pandina Public Comment Mr. Pandina spoke in opposition to the proposed ordinances saying he feels laws already exist to deal with the issues at hand and that the ordinances will create more restrictions for the general public. He talked about the need to hold criminals accountable and for disorderly conduct to be enforced. He spoke to the problems the County is experiencing hiring staff for the jail. He spoke to having criminals serve community service. He spoke further regarding his views. Public comment received via email to the Mayor and Council at publiccomment @kalispell.com, can be found at: https:lltime.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell Seeing no further public comment, Mayor Johnson closed public comment. 08:13:19 PM (01:14:38) Page 6of13 Kalispell City Council Minutes, February 6, 2023 Motion to approve the first reading of Ordinance 1899, an ordinance prohibiting the storage, placement, and maintenance of personal property in a manner that interferes with the use of public property in the City of Kalispell, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member - Chad Graham: Motion Council Member - Jed Fisher: 2°d 01:15:01 Councilor Graham provided discussion in favor of the motion. 08:18:08 PM (01:19:27) Councilor Hunter provided discussion in opposition of the motion. 08:21:35 PM (01:22:54) Councilor Hunter made a motion to amend Resolution 1899, exhibit A, Section C-1 so that it reads "deprives another the use of the same property when no roughly equivalent property is reasonably available for use in the immediate vicinity and said person or persons has refused to move said personal property to allow for another's use." The amendment died for lack of a second. Councilor Hunter provided discussion. 08:22:40 PM (01:23:59) Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike section C-2 from the ordinance. The amendment died for lack of a second. Councilor Hunter provided discussion. 08:23:30 PM (01:24:491 Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike Section C-3 from the ordinance. The amendment died for lack of a second. 08:25:10 PM (01:26:281 Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike section C-4 from the ordinance. Council Member - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd 08:25:35 PM (01:26:53) Councilor Daoud provided discussion in support of the amendment to the motion. 08:27:21 PM (01:28:39) Mayor Johnson provided discussion on the amendment. 01:31:10 Vote on the motion to amend to strike section C-4. Council Chair - Ryan Hunter: Motion Council Member - Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Page 7of13 Kalispell City Council Minutes, February 6, 2023 Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disa rove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Approve The motion to amend failed with Councilor Hunter and Daoud in favor and Councilors Carlson, Nunnally, Graham, Fisher, Dahlman, and Mayor Johnson opposed with Councilor Gabriel absent. Council took a short break. 08:31:53 PM (01:33:12) Vote on the main motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Carlson, Nunnally, Graham, Fisher, Dahlman, and Mayor Johnson in favor and Councilor Daoud and Hunter opposed. 08:32:55 PM (01:34: Motion to approve the first reading of Ordinance 1900, an ordinance to ban the erection of structures in city parks and public grounds in the City of Kalispell, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member — Chad Graham: Motion Council Member — Sandy Carlson: 2nd 08:33:31 PM 01:34:49 Councilor Graham made an amendment to the main motion to section 1 to add the words `or reservation' after the word permit. Council Member — Chad Graham: Motion Council Member — Jed Fisher: 2nd Discussion on the amendment. 08:34:59 PM 01:36:18 Vote on the amendment to the main motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Page 8of13 Kalispell City Council Minutes, February 6, 2023 Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Approve The amendment to the main motion passed with Councilors Carlson, Nunnally, Graham, Fisher, Daoud, Hunter, and Mayor Johnson in favor and Councilor Dahlman opposed with Councilor Gabriel absent. 08:35:36 PM (01:36:55) Councilor Hunter provided discussion on the original motion. 08:39:54 PM (01:41:12 Councilor Fisher provided discussion on the original motion. 08:40:45 PM 01:42:04 Councilor Daoud provided discussion on the original motion. 08:44:05 PM 01:45:24 Councilor Hunter provided discussion on the original motion. 01:45:52 Vote on the original motion as amended. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: A rove Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Graham, Carlson, Nunnally, Fisher, Dahlman, and Mayor Johnson in favor, and Councilors Hunter and Daoud opposed and Councilor Gabriel absent. 08:45:08 PM (01:46:27) Motion to approve the first reading of Ordinance 1901, an ordinance amending Section 19- 20 of the Kalispell City Code setting forth the rules and regulations of park structures, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member — Chad Graham: Motion Council Member — Jed Fisher: 2nd 08:45:46 PM (01:47:05) Councilor Dahlman amended the main motion to change the time limit from 90 minutes to 150 minutes. Council Member: Jessica Dahlman: Motion Council Member: Jed Fisher: 2nd Councilor Dahlman provided discussion on the amendment. Page 9of13 Kalispell City Council Minutes, February 6, 2023 08:46:30 PM (01:47:49) Councilor Hunter provided discussion on the amendment. 08:48:25 PM 01:49:43 Amendment to the amendment to strike the word cumulative from the Ordinance. Council Member: Sid Daoud: Motion Council Member: Jessica Dahlman: 2nd Council discussed the amendment. 08:50:34 PM (01:51:53) Vote on the motion to amend. Council Member - Sid Daoud: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Ryan Hunter: Disapprove Council Member - Sam Nunnally: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Jessica Dahlman: Disapprove The motion to amend failed with Councilor Daoud in favor and Councilors Carlson, Graham, Nunnally, Dahlman, Fisher, Hunter and Mayor Johnson opposed and Councilor Gabriel absent. 08:51:29 PM (01:52:48) Councilor Nunnally provided discussion on the motion. 08:52:13 PM (01:53:31 )_Councilor Carlson provided discussion on the motion. Mayor Johnson provided discussion on the motion. Vote on the original amendment to the motion to change the time limit to 150 minutes. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approye Council Member - Ryan Hunter: Approve The amendment passed unanimously on roll call vote with Councilor Gabriel absent. 08:55:08 PM 101:56:26'_Councilor Hunter provided discussion on the motion. Page 10 of 13 Kalispell City Council Minutes, February 6, 2023 08:56:39 PM (01:57:57) Motion to amend to add the word reservation after the word permit in section 1. Council Member — Chad Graham: Motion Council Member — Sam Nunnally, 08:57:21 PM (01:58:39) Vote on the amendment to the motion. Council Chair - Chad Graham: Motion Council Member - Sam Nunnallv: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The amendment to the motion passed unanimously on roll call vote with Councilor Gabriel absent. 08:58:00 PM (01:59:18) Vote on the original motion as amended. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilor Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Pre-treatment will not be ready to discuss at the next work session, so the discussion may be related to the budget. Details will follow. 08:58:51 PM 02:00: 101 Councilor Daoud spoke to the statement made by Police Chief Overman during the discussion on item HA and how the statement affected his vote. He then spoke regarding details within the current panhandling ordinance. He thanked the public for their patience on this issue. Page 11 of 13 Kalispell City Council Minutes, February 6, 2023 09:00:00 PM (02:01:18) Councilor Hunter announced that tomorrow at 8 a.m. and Thursday at 8 a.m. are appropriations committee hearings on HB2 at the State Legislature and this is the opportunity to ask the state to appropriately fund mental health services. On Wednesday at 3 p.m. is a Human Services Committee Hearing on HB380 which provides one time funding boost for shelters. He encouraged the public to testify in support of mental health funding. Mayor Johnson spoke regarding a website the public can visit to register to testify on a bill and that video conferencing is available. 09:00:32 PM (02:01:50) Councilor Dahlman spoke regarding the need for appropriate needle disposal. 09:02:03 PM (02:03:22) Councilor Graham spoke regarding the need for mental health funding from the State. He encouraged the public to provide comment to state legislators to support mental health funding. 09:03:28 PM (02:04:47) Councilor Nunnally spoke to his experiences on the Sheriff's Posse and as a Reserve Deputy. He spoke in favor of State HB256 which would have allowed auxiliary officers to carry firearms, but the bill did not pass. 09:05:54 PM (02:07:13) Mayor Johnson discussed the complexity of the homeless issues and the changes he has seen over time and how that has affected the issues. He spoke to the need for state funding long term for mental health, and addiction services. He spoke further on his views. 09:13:32 PM (02:14:50) J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:13 p.m. Aimee Brunckhorst, CMC 0••'pp S', City Clerk =_ CjSEAL�':m= U 1892 ?r = Minutes approved on February 21, 2023 •�PNTP Page 12 of 13 Kalispell City Council Minutes, February 6, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session — February 13, 2023, at 7:00 p.m. — Council Chambers City Offices Closed — February 20, 2023 — Presidents' Day Holiday Next Regular Meeting — Tuesday, February 21, 2023, at 7:00 p.m. — Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480/Meeting-Videos. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Accessible parking is available at the rear entrance to City Hall off of the alley, where there is an accessible entrance, and accessible restrooms nearby. Auxiliary aids are also available. For questions about disability accommodations please contact the City Clerk at 406-758-7756. Page 13 of 13