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E1. 02-21-23 Council Minutes%0""k66 -Ir CITY OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES TUESDAY, February 21, 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. Please see the bottom of the agenda to learn how to watch the meeting live or later. 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. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent 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 included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Development Services Director Jarod Nygren, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member - Sam Nunnallv: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Page 1 of 8 Kalispell City Council Minutes, February 21, 2023 Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Carlson 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. Council Minutes — February 6. 2023 � a 2. Recommendation for Professional Services — Solid Waste Master Plan R a This item would select Burns and McDonnell as the professional consultant for a Solid Waste Master Plan. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 00:02:05 Motion to approve the consent agenda as submitted. Council Member — Sam Nunnally: Motion Council Member — Kari Gabriel: 2na Councilor Hunter made a friendly amendment to the motion to make several corrections to the February 6, 2023, minutes - on pate 8 vote on the main motion Ordinance 1899 to strike the word unanimously on the roll call vote, and on pate 10, the vote on the amendment to the motion to change his vote to disapprove. Vote on the motion as amended. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 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: ADDrove Council Member - Jessica Dahlman: Approve The motion passed unanimously on voice vote with Councilor Carlson absent. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. Page 2 of 8 Kalispell City Council Minutes, February 21, 2023 Public comment received via email to the Mayor and Council at publiccomment2kalispell.com, can be found at: hllps://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 publi ccomment(2kali spell. com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Consideration of Ordinances Related to Public Parks a a. Ordinance 1899 — Second 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 — Second 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. Ordinance 1901 — Second 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. 00:04:31 City Manager Doug Russell provided the staff report on this item. 07:05:18 PM (00:05:17) Councilor Hunter began questions for staff. 00:09:21 Councilor Daoud asked questions of staff. Public Comment Mayor Johnson opened public comment. 07:11:48 PM (00:11:47) Mylene Widner, Public Comment Ms. Widner with the Western Montana Mental Health Center PATH (Projects for Assisting Transitioning from Homelessness) outreach program asked for consideration for the humility of the clients that they serve and would encourage more of a humanitarian approach to addressing the needs of the residents and our homeless neighbors. She spoke to why people congregate at such locations and would ask that they not be moved into the shadows where it is harder to find them and offer assistance. She explained some of the issues that the clients that they serve are dealing with. She spoke to the need for daytime treatment centers and other services related to mental health, addiction treatment, employment, etc. She asked that the community have more consideration and treat others as your neighbors. Page 3 of 8 Kalispell City Council Minutes, February 21, 2023 07:19:21 PM (00:19:29) Cassidy Kipp, Public Comment Ms. Kipp with Community Action Partnership spoke regarding the challenge being faced and the intentional conversation and dialogue that has been happening. She voiced support for the idea of exploring the possibility of a park warden. She talked about Community Action Partnership working for many years with the Collaborative Housing Solutions Group, a multi -disciplinary team to address the needs of the community and spoke regarding the make-up of members of that group. She asked for a collaborative approach and the greater conversation that needs to happen about homelessness. She thanked council for the dialogue and viewing the issue holistically. 07:21:47 PM (00:21:46) Tucker Landerman, Public Comment Mr. Landerman, owner of T.L Slicks Barber Shop at 101 W Center Street said he is not against helping people, just against those who are dangerous and harass people. He spoke regarding still seeing drug deals and fights in the parking lot and thefts within his shop located near Depot Park. He spoke regarding a homeless man asking about straight razors and the subsequent theft of the Q-ball from the pool table and learning of the violent criminal record the person has. Mr. Landerman is in support of funding mental health and the jail and when those do not help, to have them removed. He spoke to the differences among the homeless population and those who are harassing people in the area and doing drugs in the bathrooms. He spoke in support of the ordinances but said they are not a solution and more needs done. Public comment received via email to the Mayor and Council at publi ccomment(2kali spell. com, can be found at: hllps://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell 00:29:52 Seeing no further public comment, Mayor Johnson closed public comment. 00:29:55 Motion to approve the second 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 — Sam Nunnally: Motion Council Member — Jed Fisher: 2nd 07:30:28 PM (00:30:27) Councilor Nunnally provided discussion on the motion. 07:31:38 PM (00:31:37) Councilor Daoud provided discussion on the motion. 00:34:36 Councilor Hunter provided discussion on the motion. 00:35:50 Councilor Fisher provided discussion on the motion. 07:37:18 PM (00:37:17) Councilor Hunter provided further discussion on the motion. 07:38:01 PM (00:38:09) Councilor Graham and Councilor Daoud provided discussion on the motion. 00:40:53 Councilor Gabriel provided discussion on the motion. Page 4 of 8 Kalispell City Council Minutes, February 21, 2023 07:42:07 PM (00:42:06) Councilor Dahlman provided discussion on the motion. 00:42:26 Vote on the motion. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Annrove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Nunnally, Graham, Fisher, Gabriel, Dahlman, and Mayor Johnson in favor and Councilors Hunter and Daoud opposed and Councilor Carlson absent. 07:43:12 PM (00:43:11 Motion to approve the second 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 — Kari Gabriel: Motion Council Member — Jed Fisher: 2nd 07:43:24 PM (00:43:23) Councilor Hunter provided discussion on the motion. 00:44:04 Councilor Daoud provided discussion on the motion. 00:45:43 Councilor Fisher provided discussion on the motion. 00-46-22 Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandv Carlson: Absent 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 Nunnally, Graham, Fisher, Gabriel, Page 5 of 8 Kalispell City Council Minutes, February 21, 2023 Dahlman, and Mayor Johnson in favor and Councilors Hunter and Daoud opposed and Councilor Carlson absent. 00:47:03 Motion to approve the second 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 — Kari Gabriel: 2nd 00:47:27 Councilor Daoud provided discussion on the motion. 00:48:31 Councilor Hunter provided discussion on the motion. 00:49:17 Mayor Johnson provided discussion on the motion. 00:54:38 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: Absent 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 vote with Councilor Carlson absent. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell spoke in opposition to Senate Bill 381 which will be heard on Friday and is an attempt to restrict having a government that is of the people's choosing, mandating a limit of 5 council members to serve first-class cities. He will provide testimony and explained how a local vote established the make-up of the Kalispell council. Manager Russell explained that pre-treatment regulations will likely be discussed at the February 27, 2023, work session. (See comment later in the meeting — this will be delayed as the city is still waiting for Environmental Protection Agency comments.) Manager Russell explained that the next regular meeting will include personnel related matters including collective bargaining agreements and a personnel manual update and the non -union matrix. 00:57:40 Councilor Gabriel asked for further information about Senate Bill 381. Page 6 of 8 Kalispell City Council Minutes, February 21, 2023 00:58:38 Councilor Fisher asked for further information about Senate Bill 381. 01:00:05 Councilor Nunnally spoke to the discussion that has been had over homelessness and the differences among the homeless and the need to look into what can be done. He spoke to the greatness of Jimmy Carter and his legacy encouraging volunteerism. 01:03:16 Councilor Graham spoke to wanting to strengthen the current panhandling ordinance and would like panhandling discussed at a work session. 01:05:32 Mayor Johnson and Council discussed whether to review the panhandling ordinance. 01:06:56 Mayor Johnson spoke regarding the housing report that was recently released and wanting to discuss it and asked that panhandling and the housing report be discussed at the next work session. 01:09:02 Councilor Dahlman would like tax increment financing and work force housing discussed by council. 01:12:30 Councilor Hunter spoke to his support to discuss the housing report and tax increment financing. 01:13:19 Councilor Fisher spoke to wanting to discuss panhandling. 01:14:05 Councilor Daoud spoke to the discussions that have happened regarding the ordinances that passed tonight and his views regarding state versus city rights. 01:17:49 City Manager Russell spoke to the possibility of meeting with the local municipalities in the County during a fifth Monday. 01:19:20 Mayor Johnson spoke to the possibility of a train derailment and what type of response we would be ready to provide. City Manager Russell will be meeting with the Office of Emergency Services next week on Flathead County's Pre -Disaster Mitigation Plan and the culmination of updates to the plan that have been happening with Kalispell Fire participating. 01:20:36 Mayor Johnson spoke regarding his frustrations with the State Legislator and the importance of the public contacting them. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:26 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 Page 7 of 8 Kalispell City Council Minutes, February 21, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — February 20, 2023 — Presidents' Day Holiday Next Work Session — February 27, 2023, at 7:00 p.m. — Council Chambers Next Regular Meeting — March 6, 2023, at 7:00 p.m. — Council Chambers Watch City Council sessions live or later on Charter Cable Channel 190 or online https://www.kalispell.com/480/Meeting-Videos. Page 8 of 8