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03-25-24 City Council Work Session Minutes-000 CITY COUNCIL KMy OF WORK SESSION MINUTES ALISPELL March 25, 2024, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East 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 via video conference Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Absent Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present via video conference Council Member - Rv an Hunter: Absent Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Community Development Manager Katharine King, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins. C. DISCUSSION 1. Charles Hotel and Parkin'- Garage/Multi-Family G City Manager Doug Russell began the presentation. 00:03:29 Bill Goldberg, Developer for the Charles Hotel and Parking Garage project provided an overview of the project and then talked about the processes they have gone through and the current status. Mr. Goldberg needs additional time to secure all the funding needed for the project prior to starting and is requesting that the City consider payments on a quarterly basis with an extension of 60 months. 00:17:40 Councilor Graham asked about the importance of the deadlines to the City. City Manager Russell replied to Councilor Grahams question providing discussion related to the public private partnership nature of this project. He spoke to the relationship built, and the current development market. Page 1 of 9 Kalispell City Council Minutes, March 25, 2024 00:21:55 Councilor Graham provided discussion related to the current development market. He then provided discussion about the payment offered. 00:23:32 Councilor Fisher provided discussion about the importance of the project, and about the payment offered. 00:24:43 Bill Goldberg provided discussion about his reasoning for the payment offered to show his commitment to the project. 00:26:15 Councilor Dahlman asked questions about the downtown Tax Increment Finance District, and time of sunset. Manager Russell responded to questions. 00:27:23 Councilor Dahlman asked Mr. Goldberg about expectations into the future. Mr. Goldberg responded to questions. 00:30:57 Councilor Dahlman provided discussion related to the extension and the payments offered. Mr. Goldberg provided further discussion. 00:32:24 Councilor Daoud provided discussion related to the current financial market and the past discussions on the site. He would be in favor of the extension, and provided discussion related to the final product that the community will receive. 00:34:18 Mr. Goldberg provided further discussion related to the difficulties of finding capital 00:34:57 Mayor Johnson asked questions of Mr. Goldberg related to the multi -family portion of the project and the current status on housing. Mr. Goldberg responded to the Mayor's questions. 00:40:09 Mayor Johnson provided discussion related to the cyclical nature of the market. He spoke regarding the importance of the project to the community and talked about the economy. He spoke regarding the considerations and would be in favor of an extension. 00:45:03 Councilor Graham provided discussion in favor of the extension and is unsure about the financial component. 00:45:46 Mayor Johnson provided further discussion. 00.46:46 Mr. Goldberg provided further discussion about the financial component of the request. 00:47:22 Councilor Dahlman provided discussion in favor of the extension and discussion on the importance of the project. Page 2 of 9 Kalispell City Council Minutes, March 25, 2024 00:48:14 Councilor Gabriel provided discussion in favor of the extension and feels the financial component is fair. 00:49:27 City Manager Russell explained staff will work on an agreement related to this request and will bring it before Council at a future meeting. 2. Sidewalk Maintenance dla Presentation During Meeting` c,; City Manager Doug Russell began the presentation. 00:50:54 Director Susie Turner continued the presentation about the current City code. 00:51:43 Deputy Public Works Director Keith Haskins began a visual presentation regarding current codes, the scenarios for sidewalk repair/replacement and the problems that have arisen. 00:54:05 Background of City Code Deputy Public Works Director Keith Haskins began with a review of Chapter 24, Streets and Sidewalks, beginning with proposed changes to 24-6 related to right-of-way permitting and infractions. 00:57:07 Deputy Public Works Director Keith Haskins spoke further to the contents of Chapter 24 indicating the possibility of changes to 24-15. 00:59:32 Chapter 24, Article 2 — Construction and Repair of Sidewalks, Crossings and Curbs Generally Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:01:07 24-20 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:03:12 24-21 and 24-22 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01.-04:16 Mayor Johnson asked a question about how often the code was enforced. 01:04:37 24-23, 24-25 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:06:30 24-31 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:07:11 City Manager Russell spoke to the code that talks about levying costs back to the property owner if the work is not done. 01:08:08 24-33 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:08:29 Mayor Johnson asked questions about the term maintenance. Page 3 of 9 Kalispell City Council Minutes, March 25, 2024 01:10:04 24-34 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:11:04 Councilor Graham asked about maintenance issues and trees. 01:12:29 Councilor Daoud asked further questions about boulevard trees and related sidewalk maintenance issues. 01:13:04 Engineer Haskins responded to questions. 01:13:43 Manager Russell spoke to questions. 01:14:07 Public Works Director Susie Turner spoke to questions raised. 01:14:49 Councilor Fisher asked about the 50150 program, and then asked about liability related to sidewalk maintenance. Staff spoke to questions raised. Councilor Fisher asked about the possibility of sidewalk inventories. City Manager Russell spoke to the lack of resources to provide code enforcement. 01:17:40 Councilor Fisher provided discussion on his preferences. City Manager Russell responded further to questions. 01:19:06 Public Works -Director Susie Turner spoke to lack of funding. 01:19:28 Councilor Dahlman asked questions related to sidewalk responsibility and liability and then provided discussion. 01:20:42 City Manager Russell spoke regarding examples that are similar. 01:21:40 Councilor Dahlman provided further discussion. 01:22:00 City Manager Russell spoke to alternative funding possibilities. 01:22:46 24-34 Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:24:17 Councilor Graham asked questions and discussion about timing. 01:25:18 Councilor Fisher provided discussion related to timing. 01:26:16 Mayor Johnson asked questions related to timing. 01:27:04 Councilor Daoud asked questions about homeowner insurance. City Manager Russell spoke to the questions raised. Page 4 of 9 Kalispell City Council Minutes, March 25, 2024 01:28:35 Councilor Fisher asked questions related to work that has been completed. 01:29:23 Public Works Director Turner provided information related to the 50/50 sidewalk program and current problems. 01:30:25 Councilor Graham asked further questions about the 50/50 program. 01:30:57 24-34 Section B, C, and D Deputy Public Works Director Keith Haskins presented code changes staff would suggest. 01:32:11 Councilor Daoud asked further questions about how payment would be required. 01:33:00 Councilor Graham asked questions about other related costs. 01:33:23 Mayor Johnson asked for further clarification related to current practices. 01:34:08 Common Scenarios with Sidewalk Maintenance and Replacement Deputy Public Works Director Keith Haskins provided examples and subsequent liability. 01:37:24 Councilor Graham asked questions related to the scenarios. Staff spoke to questions raised. 01:40:05 Situation 2 — Trip and Fall — Notification Only Deputy Public Works Director Keith Haskins continued the presentation. 01:41:23 Situation 3 —Complaint Deputy Public Works Director Keith Haskins continued the presentation. 01:42-25 50/50 Program Overview Deputy Public Works Director Keith Haskins continued the presentation with the history of the 50/50 program, and then costs and scope of replacement. He then spoke regarding the steps within the program. 01:47:33 Deputy Public works Director Keith Haskins showed an example of sidewalk replacement utilizing the 50150 program. 01:49:38 50/50 Program Discussion — Successes, Limitations Deputy Public Works Director Keith Haskins continued the presentation related to successes and limitations. 01:52:19 50/50 Program Discussion - Challenges Deputy Public Works Director Keith Haskins continued the presentation related to challenges. 01:54:42 50/50 Program Discussion Ideas Deputy Public Works Director Keith Haskins continued the presentation providing ideas related to challenges and limitations. 01:56:26 Council Discussion/Staff Direction Page 5 of 9 Kalispell City Council Minutes, March 25, 2024 Deputy Public Works Director Keith Haskins continued the presentation asking specific questions and asking for council discussion and direction. 01:57:19 Mayor Johnson provided discussion. Councilor Fisher asked questions. 01:57:59 Staff answered questions about the use of 5 0115 0 funds. 01:58:33 Manager Russell spoke regarding prior discussions related to possible funding mechanisms. 01:59:29 Mayor Johnson asked for specific discussion about questions raised and provided discussion. 02:01:24 Deputy Public Works Director Keith Haskins talked about a related issue and provided discussion. 02:03:35 Councilor Dahlman asked about the ability of the homeowner hiring the contractor, and then the possibility of designating sidewalks as trails. Manager Russell responded to questions raised. 02:06:58 Councilor Dahlman asked about whether homeowners could do the work themselves. Staff responded to questions. 02:08:49 Councilor Daoud provided discussion related to the staff direction requested. 02:10:04 Mayor Johnson provided discussion related to the staff direction requested. 02:11:09 Councilor Graham provided discussion related to the staff direction requested. 02:11:29 Councilor Daoud provided further discussion related to the staff direction requested. 02:12:08 Councilor Graham provided discussion related to sidewalk infill. 02:12:45 Councilor Daoud provided further discussion related to sidewalk infill. 02:12:50 Manager Russell spoke to funding questions. Councilor Daoud provided further discussion related to infill. 02:14:31 Manager Russell summarized Council direction and spoke to next steps. 02:15:34 Councilor Fisher provided further discussion related to providing further public education and increasing 50150 funding. 02:16:50 Mayor Johnson provided discussion related to the lack of bidders. Page 6 of 9 Kalispell City Council Minutes, March 25, 2024 02:17:15 Public Works Director Susie Turner spoke to the possibility of in-house sidewalk work. 02:18:33 Mayor Johnson provided further discussion about costs. 02:19:24 Councilor Daoud provided further discussion about costs. 02:19:55 Public Works Director Turner spoke to the lack of completion of all jobs. 02:20:32 Development Services Director Jarod Nygren spoke to competitive grants that may be available that staff will look into. D. PUBLIC COMMENT Mayor Johnson opened public comment. 02:21:12 Bill Goldberg. Public Comment Mr. Goldberg spoke to new development projects and gaps in sidewalks between developments, and the possibility of developers being required through the PUD approval process to provide that infill. He spoke of the difficulties finding contractors willing to bid on annual sidewalk projects being connected to the requirement to provide prevailing wage. 02:25:47 Shane Jacobs, Public Comment Mr. Jacobs, business owner at 36 2°d Street East spoke as an Architect and frustrations he has had with the 50"50 program and the challenges he has had with the Montana Code Annotated prevailing wage requirements. He also spoke to frustrations that can happen with a private developer working on a project and then a contractor hired by the City working on the sidewalks. 02:27:51 Gene Webel, Public Comment Mr. Webel of 1122 41h Street West spoke in favor of an extension for the Charles Hotel Development and the vision of the future for Kalispell. He then spoke to the problems with the lack of sidewalk infill, providing his neighborhood as an example, and the inclusion of being able to safely walk to downtown as one of the values and safety considerations within the downtown plan. 02:30:11 Gracelyn Abel, Public Comment Ms. Abel of 1122 41h Street West spoke to injuries she and family members have sustained on the sidewalks and would support better sidewalk maintenance and infill. She then spoke in support of the extension for the Charles Hotel Development, the parking garage and residents above and further downtown development. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at https:,.-,,,time.ci.kalispell:mt.us/WebLink/Browse.aspx?id=I 28274&dbid=O&repo=Kalispell. E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Doug Russell provided the following report: Page 7 of 9 Kalispell City Council Minutes, March 25, 2024 • The dedicated emergency responder levy passed. The County Commission will certify the results on April 2, 2024. The work to implement recommendations has begun with hiring July 1, 2024, or sooner. More to come during the budget discussions. The City appreciates the community's participation in that vote. • Work Sesson April 8 — further Solid Waste discussion and then an update on the MAID versus Montana lawsuit related to House Bill 382. • April 22, 2024 Work Session -- Street Assessment options. • City Manager Russell provided an update on the Y Tract Project and the approved purchase and frustrations with the lack of response in working with BNSF Railway Company to purchase the property. • Meeting with the County later this week related to establishment of the agreement for the Opioid Governance Structure. • Anticipate receiving a Federal appropriation on the Two Mile Drive Project but do not know when the funds will be received, but anticipate working on that in 2025. 0'):"7, Councilor Fisher spoke to public comment received from a business owner in south Kalispell related to trash, weeds, and other unsightly issues on the Highway 93 corridor south of the courthouse. He asked what it would take for a business owner to emulate actions taken by the Downtown Business Association in his area. 02:38:36 City Manager Russell spoke to how Business Improvement Districts can be initiated by an individual or group, and how the Downtown District is run. He spoke to some of the issues mentioned being outside of the scope of code violations and reminded citizens to call in with specific complaints and provide addresses to be reviewed for possible nuisance abatement. 02:40:52 Mayor Johnson thanked the public for voting in the emergency responder levy. He spoke to the awareness of the public related to emergency response realities and would hope that resources will also be committed on the County and the State level. He spoke to the County Judicial System and incarceration issues and the need for further resources and further consequences for criminals. He spoke to cuts made on the State level in the past, reducing mental health services and the problems that have arisen. He would ask the public to talk with County and State elected officials and ask what is being done by them to make the streets safer. F. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:46 pm Aimle Brunckhorst, CMC City Clerk Minutes approved on April 1, 2024 Page 8 of 9 Kalispell City Council Minutes, March 25, 2024 UPCOMING SCHEDULE Next Regular Meeting — April 1, 2024, at 7:00 p.m. — Council Chambers Next Work Session — April 8, 2024, at 7:00 p.m. — Council Chambers PARTICIPATION Watch City Council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: https://www.youtube.com/(a)cityofkalispellmontana9632/streams. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. Page 9 of 9