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E1. 02-10-25 Work Session MinutesCITY COUNCIL KCITY OF DRAFT WORK SESSION MINUTES ALISPELL February 10, 2025, 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/Meeiing:Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present via video conference Council Member - Sandy Carlson: Present via video conference Council Member - Sam Nunnallv: 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 Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, Water Resource Manager Joe Schrader, Wastewater Treatment Plant Manager Aaron Losing, Development Services Director Jarod Nygren, and Parks and Recreation Director Chad Fincher. C. DISCUSSION 1. Ashley Creek Use Attainabili AnalysisUAA) a Visual Presentation � a City Manager Doug Russell began a brief overview of this item. 00:01:43 Public Works Director Susie Turner began a visual presentation. See second attachment above. Bold titles correspond to presentation page titles. Director Turner began by explaining the agenda for the evening's discussion. She introduced Project Manager Rickey Schultz, with HDR Engineering who will be co -presenting. 00:03:16 Background Director Turner explained the background on this item which began in 2018. 00:05:47 Ashley Creek Site Specific Monitoring Manager Rickey Schultz with HDR Engineering explained that the UAA began with a sampling plan and quality plan which were submitted and approved by Department of Environmental Page 1 of 8 Kalispell City Council Minutes, February 10, 2025 Quality (DEQ) prior to work beginning. He then described how they gathered data and reviewed results with DEQ throughout the process. 00:07:39 Water Quality Sampling Sites Manager Schultz provided a map showing where samples were collected. 00:08:13 Sample Parameters Analyzed Manager Schultz explained the parameters they used to analyze the samples and where the samples were analyzed. 00:09:12 Water Monitoring and Parameters Manager Schultz provided images of equipment they utilized, and the information gathered with the equipment. 00:10:21 Geomorphology Study Manager Schultz explained that this type of study looks at physical features of Ashley Creek and was studied in year two. He then showed a profile graph and images and explained the results within the graph. 00:12:19 Lower Ashley Creek is NOT a Typical Western MT Wadeable Stream Manager Schultz spoke about the natural characteristics of the creek and how they change within the lower reaches. 00:13:55 What is a UAA? Manager Schultz explained that a Use Attainability Analysis is a specific Analysis that it is a structured scientific assessment of a water body's ability to achieve water quality standards to update regulations and providing further context in this application. 00:15:14 Water Quality Standards Manager Schultz spoke to the many components of water quality standards. 00:15:56 Water Classifications Manager Schultz explained this classification system for waters of the state and how Lower Ashley Creek is classified. 00:16:52 Water Uses Manager Schultz explained each classification of use has criteria set to achieve each use and provided further context. 00:17:34 Update Regulations Manager Schultz explained what needs to be demonstrated to update regulations and what studies need to be collected per Environmental Protection Agency (EPA) regulations. 00:18:59 Rulemaking Manager Schultz explained the rulemaking process. Page 2 of 8 Kalispell City Council Minutes, February 10, 2025 00:19:40 UAA Report Manager Schultz explained where we are in this process and next steps. He spoke regarding the Draft UAA report including proposed revised Ashley Creek reach definition and proposed new water quality standards. The final draft was submitted to Montana DEQ. 00:21:02 Proposed Standards Manager Schultz spoke to the proposed standards language submitted. 00:21:55 UAA Report Manager Schultz explained we are awaiting review comments and approval from DEQ. 00:22:45 Status and Next Steps Manager Schultz explained what has been completed and what is upcoming. He spoke to the collaboration that has occurred with DEQ and spoke regarding further plans for public outreach and involvement. A follow-up meeting with the Environmental Protection Agency (EPA) will also be held and explained that the EPA is the final approval authority. 00:24:16 Ultimate Goals Director Turner explained in detail the goals of the UAA which include compliance with accurate water quality standards, appropriate discharge limits, regulatory certainty, and to improve future planning and development. She spoke to the transparent and collaborative nature of the study with DEQ and the extensive testing that was completed. Upcoming meetings will occur with DEQ and EPA as well as local stakeholders and the public. 00:29:25 Council Member Nunnally spoke to growing up along Ashley Creek and the changes that have occurred over the years. He asked whether plans are in place to meet with people who live along the creek. He spoke to concerns over seeing that people with trailers along the Creek may be dumping into the Creek. Director Turner spoke regarding plans for public open houses and public participation hearings through DEQ. Council Member Nunnally thanked everyone for their work on this analysis. 00:31:54 Council Member Graham asked hypothetically what the creek flow would be like if the treatment plant did not discharge into Ashley Creek and quality upstream compared to downstream of the plant. He asked what may occur if the Analysis was not approved. Director Turner provided responses and then explained that standards are currently not clear. 00:36:25 Council Member Hunter thanked staff and consultants for their work on this project. He then asked about the timing of the public process. 00:38:07 Council Member Hunter confirmed that in addition to public comment through the City, DEQ will have a public comment and hearing process. 00:39:00 Council Member Hunter asked questions about the temperature target and considerations for the future. Page 3 of 8 Kalispell City Council Minutes, February 10, 2025 00:40:54 Council Member Hunter asked about reclassification and how other users may be affected if the new standards are approved. Director Turner spoke regarding additional important aspects of the stream corridor. 00:43:39 Council Member Hunter provided discussion regarding the conclusions reached. 00:45:48 Manager Russell talked to other users who are not regulated. 00:46:56 Council Member Hunter provided discussion about the criteria needed by DEQ to set a different standard and provided discussion about conclusions reached. 00:48:45 Council Member Hunter spoke to further questions he has regarding the report. 00:49:18 Director Turner welcomed further questions, including written questions, and spoke regarding providing further written responses to the public. 00:50:18 Council Member Dahlman asked for further details regarding the water classification definition C-2. 00:51:43 Council Member Dahlman asked how the treatment plant may affect water classification. 00:52:08 Manager Schultz spoke regarding water quantity. 00:52:42 Director Turner spoke further about how classification works. 00:52:57 Council Member Dahlman asked about hypotheticals related to water quantity. Director Turner answered questions further. 00:55:57 Public Comment Mayor Johnson called for public comment. Seeing none, he closed public comment. 00:56:16 Council Member Daoud asked about further steps in the process. 00:57:08 Council Member Gabriel asked how all stakeholders can be looped into the process including those who may be discharging trailers into Ashley Creek. She then thanked staff and consultants for their work on this and following science. 2. Sidewalk and Trails Assessment District a 00:59:02 City Manager Doug Russell began the staff presentation explaining previous work session discussions on this item and then discussions had recently with the Council Sub - Committee which consisted of Council Members Hunter, Fisher, and Graham. 00:59:38 Manager Russell presented an excel spreadsheet table that lists multiple assessment rates per square foot with sample division of funds generated and allocation percentages. The columns show the amount generated and standard rates for properties for each assessment Page 4 of 8 Kalispell City Council Minutes, February 10, 2025 column. For some of the categories for each assessment rate, projects taken out of the transportation plan were identified for pricing purposes. He further explained each category and what approximately could be accomplished per rate with the allocation percentages provided for example purposes. 01:03:27 Manager Russell spoke regarding discussions during the Sub -Committee meetings focusing on the 0.01 assessment. Manager Russell pulled up another spreadsheet further working with this assessment rate. The orange color coding on the table represents programs which would need to have a set amount each year. Manager Russell explained possible refined level of service options with costs, including the items highlighted in yellow related to bike lanes and routes. 01:06:10 Council Member Hunter explained his thoughts as a Sub -Committee member and his philosophy related to trails and sidewalks being an important component of infrastructure. He provided discussion on why he believes Council should take this item to the voters and what items he feels should be included and why. He spoke about the funding levels and why he believes that 0.01 would be appropriate. He talked regarding the different categories and his view regarding the lack of efficacy of striped sharrow bike lanes and routes and what he would support in relation to bike lanes and routes. 01:11:28 Council Member Graham provided discussion regarding his view that it is not good timing to ask the voters to pass an assessment district. He spoke regarding trails and sidewalks being provided by developers. He provided further discussion regarding his perspective during Sub -Committee meetings and previous Council discussions regarding rate increases. He spoke about his views on the bike lane/routes discussion and why he does not believe they should be included. He asked the Council not to take this item to a Council vote and explained why. 01:16:30 Council Member Hunter provided response to Graham's discussion and further discussion about his views on bike lanes and routes and what he believes is or is not effective. 01:21:18 Council Member Nunnally said he would agree to the benefits of these items but provided discussion related to the importance of the recently passed emergency responder levy and the importance of a future jail levy request from the County and how this could negatively impact the possibility of such a request. 01:23:05 Council Member Daoud spoke to hearing frequent complaints about sidewalks. He then talked regarding the number of categories included, and how none would be fully funded. He believes the majority of people are mainly concerned with sidewalks and his concerns related to timing. 01:24:59 Council Member Carlson agreed with Council Member Nunnally and being supportive of a possible future detention center/jail levy before putting anything else on the citizens. 01:25:31 Council Member Dahlman spoke to hearing many sidewalk complaints. She is in support of multi -modal transportation means but would like to see this put out to the voters if it was a fully funded, one category item. 01:26:43 Council Member Fisher provided discussion regarding his concerns about going to the voters now, and his major concerns related to maintenance of trails. He spoke to wanting to see Page 5 of 8 Kalispell City Council Minutes, February 10, 2025 the 50150 (sidewalk) program increased. He then asked about and provided discussion regarding concerns related to safety and current funding for trail maintenance and reconstruction. 01:30:10 Council Member Nunnally spoke in agreement with maintenance concerns and the possibility of shifting funds incrementally. He spoke regarding the current political atmosphere. He does not feel Council should look at adding anything until maintaining what is already there. 01:32:13 Council Member Fisher spoke regarding public comment received at a Sub -Committee meeting relaying a lack of funds for additional assessments and taxes. While he would like to see more funding available for these items, he cannot support taking this item to the voters. 01:33:06 Mayor Johnson spoke to the lack of funds saved by the average American and their financial struggles. He provided discussion related to prioritizing wants and needs and how that was applied to the recently passed emergency responder levy. He spoke regarding the current political climate at the State. He provided discussion about the needs related to education funds and other important priorities and needs such as further funding for further County jail facilities. He provided discussion on why he is struggling to take this to the taxpayers at this time. 01:40:15 Council Member Nunnally thanked Sub -Committee members for their time and effort to review this. 01:40:52 Council Member Fisher said he feels Parks and Recreation does the best they can with funds provided but emphasized his view that something needs to be investigated to properly fund trail maintenance. 01:41:16 Mayor Johnson spoke further regarding trail maintenance and reconstruction. 01:41:55 Council Member Hunter asked about follow up and whether there was support for scaling down to trail maintenance and sidewalks. 01:42:11 Council Member Graham spoke to looking for funds within the current budget. 01:42:30 Mayor Johnson spoke to having related discussions during the budgeting process. 01:43:31 City Manager Russell spoke to the budget and percentage of allocation of funds and unlevied mills. Mayor Johnson provided discussion related to the political climate at the State level and how that may affect the local budget. 01:45:58 Council continued further discussion. D. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, he closed public comment. See public comment provided at the end of the meeting. Page 6 of 8 Kalispell City Council Minutes, February 10, 2025 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=128274&dbid=0&repo=Kalispell. E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Doug Russell provided the following report: • Next Monday is Presidents' Day, so Council will meet Tuesday. • The next council meeting will include an emergency resolution to make purchases that total more than $80,000 to repair the Buffalo Hill Well, which has experienced mechanical issues, and repairs will need to be expedited. 01:48:31 Council Member Nunnally announced that the Robo Scout Squad Team will be representing Montana at the World Championships in Helena. There is also a Lego Robotics Team out of West Valley that will also be competing in the World Championships. 01:49:34 Ron Gerson, Public Comment Gerson spoke to his experiences as a Valley Neighbors Board volunteer whose mandate is to provide security to the immigrant community here. He explained that the small immigrant population in the Valley is suffering from fear, insecurity and stress and is very worried about the current political climate. He spoke to appreciation of Police Chief Venezio's quote in a recent newspaper article regarding racial profiling. He talked regarding immigrants fears regarding what could happen in schools or while driving to work and asked everyone to take the feelings of these productive members of our community into consideration. 01:53:44 F. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:53 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 2025 UPCOMING SCHEDULE City Offices Closed — February 17, 2025 — Presidents' Day Holiday Next Regular Meeting — TUESDAY, February 18, 2025, at 7:00 p.m. — Council Chambers Next Work Session — February 24, 2025, at 7:00 p.m. — Council Chambers PARTICIPATION Watch City Council meetings live with the agenda and documents or later with time stamped minutes at: hllps://www.kalispell.com/48O/Meeting-Videos or live or later on YouTube at: hlt2s://www.youtube.com/2cilyofkalis]2ellmontana9632/streams. Page 7 of 8 Kalispell City Council Minutes, February 10, 2025 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 8 of 8