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E1. 09-16-24 Council MinutesCITY OF KALISPELL DRAFT CITY COUNCIL MEETING MINUTES September 16, 2024, 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/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: Present 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 via video conference 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, Public Works Director Susie Turner, Police Chief Jordan Venezio, and Police Lieutenant Will Appel. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as submitted. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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 Kalispell City Council Minutes, September 16, 2024 Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote. E. CONSENT AGENDA All items on the consent agenda will be voted on with 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 — September 3, and September 9, 2024 a a 2. Ordinance 1926 — Second Reading - Gardner/Anderson Ranch Planned Unit Development �a This item considers initial zoning of B-5 (Industrial Business) for 6.5 acres at 2995 Hwy 93 South, and initial zoning of R-3 (Residential) for 30.8 acres at 330 Demersville Road along with a PUD overlay. The overlay would extend over both properties as well as 57.1 acres between United Drive and Lower Valley Road already within the city and zoned B- 5/PUD. 3. Award Bid for the Kalispell Airport Runway Lighting Replacement Project 2 a This item considers awarding Christian's Electrical, LLC this project in the amount of $394,187. 4. Award Bid for a Front -End Wheel Loader with Attachments � a This item considers awarding this bid to Torgerson's Equipment in the amount of $274,778. 5. Award Bid for a Single Axle Truck Chassis with 6-Yard Asphalt Dump Box and Plowt-,-4j a This item considers awarding this bid to Missoula IState Truck Center in the amount of $205,706.24. 6. Award Bid for a Tandem Axle Truck Chassis with 12-Yard Asphalt Dump Box and Plow Da This item considers awarding this bid to Missoula Peterbilt in the amount of $242,595. 7. Award Bid for the Wastewater Treatment Plant Fermenter Rehabilitation Project�a This item considers awarding this project to DN Tanks, LLC in the amount of $2,398,500. 8. Award Bid for the Meridian Ct. Reconstruction Project Ida This item considers awarding Cutting Edge Excavation, LLC this project in the amount of $209,999. 9. Award Bid for Police Cameras, Conducted Energy Weapons with an Integrated Software SolutionO a This item considers awarding Axon Enterprise, Inc. this bid in the amount of $180,179.41 per year. Page 2 of 9 Kalispell City Council Minutes, September 16, 2024 10. Award Bid for Three Police Interceptor Utility Vehicles with Police Equipment E a This item considers awarding this bid to Duval Ford in the amount of $200,791.47. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. Sadie Rison, Public Comment Ms. Rison spoke regarding the Meridian Court reconstruction project said the businesses and residents need advance notice of construction. 00:06:23 Arthur Fretheim, Public Comment Fretheim asked whether conducted energy weapons related to consent agenda item 9 are also referred to as tazers. 00:07:08 Motion to approve the consent agenda as submitted. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve 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. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Mallory Phillips, Public Comment Phillips with Shelter WF, spoke regarding public comment she had provided several months ago regarding an AARP Community Challenge Grant and the related design contest. She explained they had nine teams prepare to participate in design with some designing neighborhoods and others individual lots. They are having a community event on October 2, 2024, for the public to vote on their favorite housing designs, and a local author Antonia Malchik, talking about their book, "A Walking Life" focusing on accessibility. 00:09:43 Tonva Horn, Public Comment Horn, Executive Director and Co -Founder of the Flathead Warming Center introduced Luke Heffernan, Chairman of the Board of Directors who stood beside her. She said they respectively urge the Council to allow the Warming Center to continue their important work. She made three Page 3 of 9 Kalispell City Council Minutes, September 16, 2024 points related to serving the most vulnerable community members by making sure they have a warm and safe bed to sleep in. She spoke to the Center not attracting people here to live a homeless lifestyle. She spoke regarding being truthful with the City of Kalispell. She then spoke regarding being a part of the services in the Flathead Warming Center and said that addressing homelessness requires cooperation from the City of Kalispell, the County, Police and Fire, Social Services, Churches, and other nonprofits, emphasizing others are needed to collaborate on community issues, and that the Warming Center can only do so much. She said the Warming Center is a clean, safe, well -organized refuge for people in need and they will continue to do everything they can but cannot assume responsibility for community needs like law enforcement, transportation and garbage disposal. She stated that taking away the conditional use permit violates their right to help the homeless and their right to be helped. She spoke further regarding why they believe revocation of the conditional use permit is immoral and unconstitutional and that the process used would not be used for anyone else. She spoke further regarding their view of a lack of evidence, and asked that Council not revoke the conditional use permit and if revoked that the effective date be delayed. 00:12:55 Don Johnson, Public Comment Johnson of 761 7th Ave WN spoke regarding school kids skirting a bush so as not to walk next to a man on the sidewalk who had exited the Warming Center. He spoke regarding things he has witnessed in front of his home such as urinating, and sitting and smoking drugs. 00:14:45 Renee Gimler, Public Comment Gimler of 533 Wyoming Street asked that if the Council does revoke the Warming Center conditional use permit they do so immediately as she believes that would set a dangerous precedent. 00:15:32 Diane Gross, Public Comment Gross of 1721 South Woodland said she volunteers at the Samaritan House. She spoke about her past experiences with homelessness with five children, and why she was forced into homelessness. She spoke regarding her experiences at the Samaritan House and how the people there are good people who do not want to be homeless and their need for help and empathy to change their situations. She asked that Council not allow those who are not responsible affect how people react to all the homeless who do act responsible. She spoke further regarding compassion and urged the City to get more help for the Warming Center to improve things. 00:18:23 Sherry Thomas, Public Comment Thomas of 750 North Meridian said she is asking for empathy for people who live in that neighborhood whose children cannot play in the park and have to clean up bodily fluids. She said she understands the need for a Warming Center but does not feel anyone would want to take their kids to it. She asked Council to rescind the (conditional use permit) immediately. 00:19:32 Chuck Weverhauser, Public Comment Weyerhauser spoke regarding his involvement with the Warming Center for the past year and a half. He spoke regarding the changing nature of the country and to his view that 10-20 million Page 4 of 9 Kalispell City Council Minutes, September 16, 2024 people were brought into the country who are homeless. He then spoke to homeless living within the community for thirty years. He spoke regarding not understanding why Council is considering closing the Warming Center as he believes they have met every condition asked of them. He spoke to the work that the Warming Center has done and to future plans for additional assistance such as bringing in a doctor to help. He spoke regarding the need for a community plan to take care of these people who have mental health and drug problems. He spoke further to his views on morality. 00:22:30 Adrian Field, Public Comment Field of 131 Swan Mountain Drive spoke on behalf of the neighbors who for one reason or another do not have a place to stay on the coldest nights, and don't know where they will get their next meal. He spoke regarding his uncle's experience with a car accident at work and his possible impending homelessness. He spoke about the many reasons why people become homeless, including domestic violence victims and their need for shelter, and the many factors that contribute to homelessness. He spoke of a responsibility to teach and emulate respective and empathetic behavior to one another. 00:26:59 Loraine Maior, Public Comment Major spoke to growing up and living in Kalispell for many years and being sympathetic to people who have talked about people defecating on their lawns, but also feels there are avenues that have not been pursued to solve issues. She spoke regarding the expectation that taxes from marijuana sales would go to mental health, and police efforts, but that the Governor did not move forward with that plan. She said the mental health problem in this valley is desperate and should be the first thing to look at. She spoke to providing porta-potties or other solutions rather than shutting down the Center. She would suggest that people volunteer at the Warming Center. 00:30:08 Mallory Phillips, Public Comment Phillips of Whitefish spoke as an individual but also as someone who works in social work talking about the trauma experienced when going through hard times. Phillips asked Council to put pressure on other communities in the area such as Whitefish and Columbia Falls, and the County to form a coalition and solve the root causes of the problem. She said she feels the Warming Center should stay but the valley needs to do more so the problem is not just put on one neighborhood. She spoke regarding wanting to volunteer to be on a committee or coalition. 00:31:57 Ron Gerson, Public Comment Gerson of 4m Avenue East spoke to the vote on the Warming Center conditional use permit saying either way the vote will not actually solve the problems and spoke regarding the need to look at solutions to the overall problems. 00:33 :13 Christopher Se,-uay Public Comment 207 Northland Drive said he owns a business on Meridian and he has had to call police multiple times in the past few years because of people in the parking lot blocking the stalls, or screaming Page 5 of 9 Kalispell City Council Minutes, September 16, 2024 at the sky, and of customers and his wife concerned for their safety. He spoke regarding statistics related to drug use among the homeless and feels it's unfair to burden this area with all of the problem. He spoke to a benefactor of the Center being from another City and the need for a Warming Center in another community. He spoke to chronically underfunded mental health care and the need for a solution. He spoke to his negative views regarding other Cities and their solutions to homelessness, and the need to look at Cities that have found ways to decrease their homeless population. 00:36:35 Lars Hamlin, Public Comment Hamlin of 65 7th Avenue WN spoke to asking for more justice and mental health centers for these people that stand on the street corner and holler and yell, and to the need for the Police and the laws to help more with bad behavior and keeping people from doing the things that they do. He spoke to his neighborhood taking the brunt and would like to see a Warming Center move to Whitefish or Columbia Falls. He feels the government and Police Department should change some of the laws to make behavior better. 00:39:35 Pam Carbonari, Public Comment Carbonari of 21 Honeysuckle Road spoke to the same problems that are happening around the Warming Center happening throughout the community and believes a review would find that the highest areas of concern of call volumes regarding garbage, needles, human waste, intimidation are in or near City owned property such as the Parkline Trail, and numerous parks. She asked if Council would consider closing those public areas, saying she would hope not as that is not a solution. She spoke to her view that if the Warming Center closes problems will multiply and move to another area of the city. She spoke of the belief that the Warming Center followed city ordinance and protocol and has not broken the conditions of the permit which the city approved. She spoke regarding the significant amount of private funding that has gone into the Warming Center. She spoke to the underlying problem of chronic homelessness and the need for community conversations including the City as part of those conversations and work to increase cleanliness and the feelings of safety. She said with winter coming it is not the time to cut the minimal services we have. She spoke regarding the possibility of additional visibility of the Police during intake and release times around the Center, or neighborhood patrols, bringing back the bussing that was provided by the County, or using tax increment financing funds for things like porta-potties. She spoke regarding the Warming Center being a piece of the puzzle, and to low barrier not equating to low standards. She spoke further to finding solutions and said that cancelling the Warming Center is not the solution and will only lead to the possibility of deaths, and/or loss of limbs, and a costly lawsuit. 00:45:19 Cassi Dye, Public Comment Dye of 530 West Wyoming Street spoke as a member of the neighborhood saying she had understood that the Warming Center had 60 days to come up with measurable and actionable items communicating with the neighborhood. She said the neighborhood came with kindness and time, meeting with the mediators. She said she and her husband spent 70 hours talking with other neighbors, meeting with the mediators and thinking about solutions. She spoke regarding the buttons neighborhood members are wearing that say, "I stand with the neighbors" with points Page 6 of 9 Kalispell City Council Minutes, September 16, 2024 around the button that relay their concerns around safety, security, children's shared spaces, business impact and property values. She spoke to her belief that if the conditional use permit is revoked a precedent will be set that conditions do not need to be met. She spoke in detail regarding the meeting between the Warming Center and the neighborhood and her view that the neighbors put in time and communication and that they did not feel the Center wanted to negotiate or come up with solutions. She spoke to the public comment received and relayed some of the negative experiences people have been reporting. 00:51:30 Jack John Lavin, Public Comment Mr. Lavin of 111 Drumlin Way spoke as a member of the collaborative committee with mediator Mr. Flateau as part of the security discussions related to the Warming Center and the neighborhood meeting. He explained that the understanding at that meeting was that no public funds were to be used, and any solutions would need to be paid for by the Warming Center. He explained they did investigate private security and explained costs associated with that and with porta-potties. He explained they were advised by legal advisors not to have a second meeting. Seeing no further comments, 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/WebLinkBrowse. aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS. RECOMMENDATIONS. AND COUNCIL ACTION 1) Resolution 6227 - Potential Action on Conditional Use Permit of Flathead Warming Center � a This item resumes the agenda item that was postponed during the July 16, 2024, City Council meeting. Mayor Johnson explained that this item was postponed by motion at the July 16, 2024, Council meeting and would be taken up at the point in which it was postponed. 00:53:45 Motion to approve Resolution 6227, a resolution by the Kalispell City Council regarding the Flathead Warming Center to revoke the conditional use permit, determine findings of fact and determine an effective date. Council Member — Chad Graham: Motion Council Member — Jed Fisher: 2nd 00:54:25 Council Member Graham provided discussion on the motion. 01:03:29 Council Member Graham provided nine findings of fact related to his motion and related background. 01:13:26 Council Member Hunter asked about examples within the state of Montana related to revocation of other conditional use permits. Page 7 of 9 Kalispell City Council Minutes, September 16, 2024 01:13:51 City Attorney Preble responded to Council Member Hunter's question. 01:13:57 Council Member Hunter provided discussion related to his views on legal aspects of this motion and provided discussion on the motion. 01:34:05 Council Member Graham asked questions about Hunter's statements and then provided discussion. 01:36:58 Council Member Daoud provided discussion on the motion. 01:38:29 Council Member Fisher provided discussion on the motion. 01:43:30 Council Member Hunter provided discussion on the motion. 01:44:27 Council Member Dahlman provided discussion on the motion. 01:46:00 Council Member Nunnally provided discussion on the motion. 01:48:54 Council Member Carlson provided discussion on the motion. 01:50:00 Council Member Gabriel provided discussion on the motion. 01:53:16 Mayor Johnson provided discussion on the motion. 01:55:59 Vote on the motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove 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: Disapprove The motion passed on roll call vote with Council Members Graham, Fisher, Daoud, Nunnally, Gabriel and Mayor Johnson in favor, and Council Members Hunter, Dahlman and Carlson opposed. L CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Russell provided the following report: • Lead Service Line replacement funding will likely be discussed during the September 23, 2024, work session meeting, but if the financial information is not ready, the meeting will be delayed until October. • During the October 7, 2024, Council meeting, the Work force housing, tax increment financing program is scheduled as well as the Kalispell Golf Association lease extension. Page 8 of 9 Kalispell City Council Minutes, September 16, 2024 Manager Russell referenced deed restriction information emailed to Council members related to the land the golf course is on. 01:58:11 Council Member Hunter stated his view on the outcome of the vote regarding the Warming Center conditional use permit. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:58 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on UPCOMING SCHEDULE Next Work Session — September 23, 2024 — Council Chambers Next Regular Meeting — October 7, 2024 — Council Chambers PARTICIPATION Watch 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. 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 or cityclerk(cr�,kalispell.com. Page 9 of 9