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
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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
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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
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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.
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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.
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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)
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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
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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
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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.
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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.
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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.
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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
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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.
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