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05-28-24 City Council Work Session MinutesCITY COUNCIL KCMOF WORK SESSION MINUTES ALISPELL TUESDAY May 28, 2024, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnallv: Present via video conference 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, Community Development Manager Katharine King, and Police Chief Jordan Venezio. C. DISCUSSION 1. Potential Park Development =4z City Manager Doug Russell began the presentation with the history on this item. 00:06:05 Carol Bibler, Trustee of the Bibler Family Trust Ms. Bibler began by introducing herself and Co -Trustee Larry Simpson, her husband Jim, Property Manager Randy Simon, and Guy Michaelsen and Anna O'Connell of Burger Partnership. She then explained why they chose Burger Partnership and the planning process they have gone through in considering this park development partnership. She spoke regarding visiting Parks in other areas including Manito Park in Spokane Washington. 00:08:42 Anna O'Connell, with Burger Partnership introduced herself and explained that Berger Partnership's passion is developing parks and open space. 00:09:38 Guy Michaelsen spoke regarding conversations with the Bibler's and their vision for a new park development. He presented a visual presentation beginning with park needs and opportunities. He continued by speaking regarding the current park system and the Bibler family legacy. He continued explaining the site they are considering as a donation as a park facility. He spoke regarding the desire to enhance the creek, enhance habitat, and improve water quality. He then spoke regarding the history of this project site talking about the date of the railroad track Page 1 of 8 Kalispell City Council Minutes, May 28, 2024 installation and the former dam at the location. He talked about community connectivity, and the values of the project. He continued with the park experience they would like to create. 00:17:03 Anna O'Connell with Burger Partnership spoke regarding a reinterpretation of the current Bibler garden in this space with native and demonstration gardens. 00:17:23 Mr. Michaelsen continued the presentation talking about Ashley Creek and multi- purpose spaces. They would like to work with the schools with some type of outdoor learning. He spoke regarding trails and connectivity, revealing the history of the site, and adding shade and amenities. He spoke further about the site location and orientation and the adjacent MDT parcel and a parcel owned by BNSF that the City is currently purchasing. He continued talking about the park master plan and how they are envisioning site arrivals in multiple locations. Anna O'Connell spoke regarding the Ashley Creek flood plain area, and their plans to stay out of the flood plain. 00:24:08 Mr. Michaelsen spoke regarding the vision for phase 1 located on the Bibler owned property. They are currently working on a master plan of the site which would include phases, working with the community, and analyzing cost and constructability. 00:26:57 City Manager Russell asked for Council direction and explained possible next steps including a Resolution of Intent to move forward with a Memorandum of Understanding if Council so desired. 00:27:50 Council Member Hunter thanked Carol and Jim and everyone with the Bibler Trust saying what an extraordinary gift this is. He spoke in favor of moving forward. He spoke regarding Ashley Creek and enhancement, and restoration of riparian vegetation to make sure water quality is top of mind. 00:29:10 Council Member Fisher thanked the Bibler's and spoke in support of moving forward with this partnership. 00:29:33 Council Member Graham spoke regarding the extension of the Parkline Trail with this project, and providing visual appeal as people travel down the bypass. 00:30:12 Council Member Dahlman spoke in favor of moving forward. She asked about the vision related to incorporating all three of the properties. 00:30:30 Anna O'Donnell spoke regarding how the Montana Department of Transportation property may be incorporated and well connected into the park. 00:31:10 Council Member Dahlman spoke regarding utilizing the trail along the bypass and provided discussion in favor of moving forward with the project. 00:32:40 Mr. Michaelsen spoke regarding connectivity possibilities. 00:34:09 Council Member Dahlman spoke further about trail connectivity in the area and how the plan could tie it all together. Page 2 of 8 Kalispell City Council Minutes, May 28, 2024 00:34:48 Council Member Carlson spoke in favor of the project and her excitement. 00:35:11 Council Member Dahlman spoke on the possibility of winter amenities. 00:35:50 Council Member Gabriel thanked the Bibler's and spoke regarding the increased development speed when developing a park privately. 00.36:48 Mayor Johnson thanked Jim and Carol Bibler and spoke regarding the history of Kalispell and the commitment the Bibler's are making. 00:37:30 City Manager Russell spoke to this public/private partnership and his excitement to continue on with this project. He mentioned the vision of former Planning Director Tom Jentz. 00:38:45 Council Member Dahlman spoke regarding how much she loves Manito Park in Spokane and was glad to hear the Bibler's spoke with Spokane park staff when envisioning this park. 2. Discussion of Neighborhood Concerns Related to the Warming Center and its Conditional Use Permit — Follow-up Meeting a 00:40:10 City Manager Doug Russell began the presentation summarizing the previous Warming Center work session to hear from the public. He referred to letters received from the Warming Center, speaking on specific points listed within the letters. He then explained that the purpose of the meeting tonight is for Council to provide direction on how to proceed. 00:51:42 Council Member Hunter asked questions related to the legal aspects of this item. He referred to aspects within the State Created Danger Doctrine and the related legal decision. 00:53:28 City Manager Russell spoke regarding what drove this discussion and staff interpretation of case law and how it pertains to this item. 00:54:53 Council Member Hunter clarified his views on this matter. He then referred to City Code 27.33.080 and whether that code could be used after the conditional use permit (CUP) was granted and the development created. 00:57:35 City Manager Russell spoke to details within the conditional use permit process, and related code. He then talked about details within the Warming Center CUP. 00:59:38 Council Member Hunter provided discussion regarding CUP'S, the code and other uses within the District. He then spoke regarding call volumes within the District and related discussion. 01:02:45 Mayor Johnson provided discussion related to what he heard during the application process and assertions made, and how he relied on statements made. He provided discussion related to why this item was brought forward. 01:03:58 Council Member Fisher spoke regarding all the public comment received and said that he has heard the neighbor's comments, spoke to some of those details and sees the problem is overwhelming for the neighborhood. He provided discussion on the compassionate efforts made Page 3 of 8 Kalispell City Council Minutes, May 28, 2024 by the Warming Center and how it is impossible for them to handle it all and all the other services that are needed. He provided discussion encouraging the public to step up and provide aid in some way. He spoke in favor of moving forward with a hearing saying that the goals have not been adhered to and how the neighborhood and businesses have been negatively impacted. 01:09:30 Council Member Dahlman provided discussion thanking everyone for their comments and input and how difficult this item has been to consider. She does not feel that the conditional use permit should be revoked and would like further explanation about the hearing process. 01:10:37 City Manager Russell explained the due process on this item. If Council would like to move forward the next step would be a formal quasi-judicial hearing to allow the Warming Center to respond to assertions. 01:12:02 Council Member Dahlman continued questions and provided discussion that the neighborhood concerns should be addressed, and her views in opposition to revocation of the permit. She talked about her desire to give the Warming Center a chance for remediation. 01:14:30 City Manager Russell provided information about the process. 01:15:23 Council Member Hunter spoke to his views on causes related to the homeless issue city-wide and discussion about the CUP. 01:17:13 Council Member Dahlman provided discussion related to an assumption that the conditional use permit has caused a worsening of homelessness in Kalispell. 01:17:47 Council Member Graham provided discussion about why this issue was brought forward, the CUP conditions of approval and the further assertions made within the application and how he believes this item should be viewed as a land use issue. He would like to see this item moved forward to a hearing. 01:21:32 Council Member Daoud confirmed that there are no zoning designations that allow homeless shelters without conditions. He then spoke to the State Created Danger Doctrine, and his views on zoning. He provided discussion regarding how he views this item should be considered and the information that the Council has received. He spoke to his views that there is a lack of ramifications for bad actions. He does feel there is a need to take a further look at the impact of this facility in that area. 01:26:36 Council Member Carlson said she works within the neighborhood of the Warming Center and spoke regarding ramifications she has seen. She provided discussion that she sees a huge need for the Warming Center but would be in support of the hearing. 01:27:42 Council Member Gabriel spoke to the impact that she has seen the Warming Center has had on her neighborhood and to the businesses in the area. She said she believes that Council should move forward with a hearing and referred to the comments made by the neighbors. 01:29:53 Council Member Nunnally provided discussion as to why he believes a hearing should be held. He cited stories he has heard from other social service agencies that some homeless people are attracted to the area because of the services. He believes Council should move forward with a hearing. Page 4 of 8 Kalispell City Council Minutes, May 28, 2024 01:32:18 Council Member Hunter provided discussion about his experiences working in the neighborhood. He provided discussion related to what he believes the negative consequences will be if the Warming Center is closed. He asked what conditions could be put on the CUP that would be appropriate and have meaningful impact on the issue, and how he believes solutions should be sought. 01:36:29 Council Member Graham provided discussion related to why he brought this item forward. Council Member Graham and Hunter provided discussion on this item. 01:40:37 Mayor Johnson provided discussion about his views on zoning, and the initial application process, and his views on the importance of having the Warming Center respond to the concerns and assertions made by the community around the Center. 01:43:25 City Manager Russell spoke to the need for specific concerns that would then be sent to the Warming Center for them to respond. He explained the subsequent hearing would be an opportunity for the Warming Center to officially respond and would not be open to public comment. Comment would be taken prior to any action taken. 01:44:26 Council Member Fisher asked about timelines. 01:44:32 City Manager Russell suggested July 1, 2024, as the initial hearing date with action possibly at the July 15, 2024, meeting. 01:45:03 Council Member Graham spoke to concerns he would like addressed by the Warming Center related to comments received, and information and data presented. 01:56:56 City Attorney Johnna Preble clarified the assertions made. 01:58:31 Mayor Johnson provided discussion related to comments received and assertions within the CUP application. 01:59:47 City Attorney Johnna Preble further clarified the assertions made 02:00:58 Council Member Daoud asked for clarification related to loitering. 02:02:00 Council Member Gabriel asked about trash. 02:02:18 City Manager Russell read the definition of neighborhood within the City zoning code. D. PUBLIC COMMENT Mayor Johnson opened public comment. 02:06:37 Rod Tinseth. Public Comment Mr. Tinseth a neighbor to the Warming Center spoke to a letter received from the Warming Center prior to the opening and a meeting held by the Center that they attended. He spoke to how he, his wife, and his property have been negatively affected by the location of the Warming Center. Page 5 of 8 Kalispell City Council Minutes, May 28, 2024 02:10:19 Mandy Gerth. Public Comment Ms. Gerth, the Homeless Education Liaison for Kalispell Public Schools and the Director of the Heart Program clarified she was speaking on behalf of herself. She spoke to statistics related to homeless children and their experiences. She feels that the City should be responsible for trash, and 24/7, 365 days a year bathroom facilities, and potable water. She does not feel part of the solution is removing the Warming Center, and provided reasons why she feels that way, and alternative solutions. 02:18:40 Renee Dimler, Public Comment Ms. Dimler mentioned a petition she has sent into the City asking for the conditional use permit for the Warming Center to be revoked. She then spoke regarding her and her family's negative experiences living in the neighborhood since the Warming Center has moved into the neighborhood. She spoke regarding her views on low barrier shelters, and her concerns related to the possibility of expansion of the Center. She spoke regarding proposed action she feels should be taken beginning with rescinding the conditional use permit. 02:25:47 Luke Heffernen, Public Comment Mr. Heffernan, co-founder of the Warming Center said he spoke with many of the neighbors prior to the Center opening. He spoke in apology to the neighborhood concerns, but said he feels he is also hearing biases. He read a letter explaining why the Warming Center was opened, views on homelessness, the services the Center provides and the way they provide those services. He spoke to his view that there is a lot of misinformation about the Warming Center. He talked about wanting to address the concerns of the neighborhood. 02:37:02 Ruth Provert, Public Comment Ms. Provert of Oh Street West spoke to the good intentions of everyone involved. She then spoke to her views related to people's motivations and her views on terrorists coming into the Country through the northern border. 02:39:31 Jane Emmert. Public Comment Ms. Emmert spoke to her negative experiences in her neighborhood that is not near the Warming Center saying the problems are all across the valley. She said she is the recently retired Director of the Assist Program and her experiences working with individuals with mental health issues and addictions. She talked about her views on how broken the social service system is and how difficult it is to navigate. She spoke regarding her concerns for people who need a place to stay safe and warm in the winter. She talked about increased problems across the County, and across the Nation. She feels the problem should be addressed with increased mental health and social services. 02:45:37 Colton, Public Comment Colton, a student in the community spoke to his experiences with a cousin being homeless. He spoke to talking with others who are experiencing unstable housing, increased housing prices, and the services he believes are needed within the community. He talked about the solutions he believes are needed, and his views that closing the Warming Center would increase the homeless on the street. 02:50:47 Jenna Corton, Public Comment Ms. Corton spoke to her experiences volunteering at the Warming Center and her views that Page 6 of 8 Kalispell City Council Minutes, May 28, 2024 many are mentally ill. She feels additional resources are needed for the mentally ill, and for the housing shortage She talked about her experiences 02:52:00 Ron Gerson, Public Comment Mr. Gerson spoke to his views that the Warming Center is not part of the problem, but part of the solution. 02:52:49 Dr. Daniel Munsing, Public Comment Dr. Munsing referred to providing health care while serving at the Warming Center. He would recommend that the City consider all options. 02:54:58 Shawn Pandina, Public Comment Mr. Pandina, of 5`h Avenue West, a candidate running in House District Seven spoke regarding conversations he has had with Kalispell residents and how those conversations change depending on the area of town he is visiting with people in the northwest side of Kalispell asking what will be done about the homeless. He spoke to his views that the CUP is a contract. 02:57:22 Daryl Aspee, Public Comment Mr. Aspee spoke to the problems within the neighborhood near the Warming Center, and his views regarding the lack of accountability. 02:59:36 Jamie Quinn, Public Comment Ms. Quinn began by thanking the Bibler family and trust for their contributions to the community. She then talked about her views that the Warming Center conditional use permit should not be revoked. She listed services that the Warming Center provides. She talked about the need for additional mental health services, and the need for a larger jail. She spoke regarding survival needs for those that are homeless. Seeing no further comment, Mayor Johnson closed public comment E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Doug Russell provided the following report: • Notice will go out and staff will plan on the Warming Center hearing on July 1. • Next work session will be an update on PFAS. 03:06:32 Council Member Hunter spoke to a request from Mountain Climber to present before Council and would support them providing that presentation. Staff will reach out to Mountain Climber to ask if they could present on July 1. 03:07:07 Mayor Johnson spoke regarding a Flathead County Landfill rate increase and said the public hearing will be the first part of the July. He talked about the recommendation that was provided by their staff to the Landfill Board that he sits on. F. ADJOURNMENT Mayor Johnson adjourned the meeting at 10:08 p.m. Page 7 of 8 Kalispell City Council Minutes, May 28, 2024 Airbee Brunckhorst, CMC City Clerk Minutes approved on July 1, 2024 UPCOMING SCHEDULE City Offices Closed — May 27, 2024 — Memorial Day Holiday Next Regular Meeting — June 3, 2024, at 7:00 p.m. — Council Chambers Next Work Session Meeting — June 10, 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:iiwww.kalispell.com/480/Meeting-Videos. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: hctps:__ www. outube.coml rci oflcalis ellmontana9632!streams. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. 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