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E1. 03-17-25 Council Minutes-dom My OF KALISPELL CITY COUNCIL DRAFT MEETING MINUTES March 17, 2025, 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 Council President Graham called the meeting to order at 7:00 p.m. B. ROLLCALL Mqyor - Mark Johnson: Absent 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 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, Assistant Development Services Director P.J. Sorensen, Public Works Director Susie Turner, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDAAPPROVAL Motion and Vote to approve the a2enda. Council Member - Sam Nunnally: Motion Council Member - Jed Fisher: 2nd Mqyor - Mark Johnson: Absent 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 Council Member - Sid Daoud: Approve - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve Kalispell City Council Minutes, March 17, 2025 The motion passed unanimously on voice vote with Mayor Johnson absent. E. CONSENTAGENDA 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. Council Minutes — March 3. 2025 �� <--j 2. Award Bid for Sidewalk and Curbing Projects ending July 31, 2026 W��- This item considers awarding this contract to Sandon Construction. 3. Reject Bids for Chipseal Projects Ending December 31, 2025 R <--J This item considers rejecting all bids received for this project and rebidding. 4. American Red Cross Month Proclamation �� <--j This item considers proclaiming March 2025 as Red Cross Month. Public Comment Council President Graham opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent a2enda as submitted. Council Member - Ryan Hunter: Motion Council Member - Sam Nunnally: 2nd Mgyor - Mark Johnson: Absent 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 voice vote with Mayor Johnson absent. 00:03:20 Council President Chad Graham read aloud the American Red Cross Proclamation. F. COMMITTEE REPORTS — None. G. PUBLIC COMMENT Council President Graham opened public comment. 00: 05:3 8 Walter Rowntree, Public Comment Rowntree thanked Council for the Kalispell Parkline Trail saying he feels it has been a great success. He then spoke regarding philosophies regarding governing versus idealism. Seeing no further comments, Council President Graham closed public comment. Page 2 of 8 Kalispell City Council Minutes, March 17, 2025 Public comment received to the Mayor and Council via email to publiccommentgkali spell. com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=O&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Ordinance 1934 — Second Reading - Vista Ridge Cottages Zoning and Planned Unit Development 2 �- This item considers zoning of RA-1 (Residential Apartment) with a Planned Unit Development overlay for 96 residential units on 15.78 acres at 489 Two Mile Drive. City Manager Doug Russell provided an overview of this item explaining that the full staff presentation was provided at the first reading of this item. Public Comment Council President Graham opened public comment. Arthur Fretheim, Public Comment Mr. Fretheim asked about the number of units that are likely to go towards local residents versus short-term rentals. 00: 10:09 Seeing no further comments, Council President closed public comment. Motion to approve the second readin2 of Ordinance 1934, an ordinance to amend section 27.02.010, official zonin2 may, city of Kalispell zonin2 ordinance 1677, by creatin2 a Planned Unit Development overlay to be known as Vista Rid2e Cotta2es PUD over certain, real property more particularly described as a tract of land located in the southeast quarter of the northwest quarter and the southwest cluarter of the northeast quarter of section 12, township 28 north, ran2e 22 west, P.M.M., Flathead County, Montana, and more particularly described as tract 2 of Certiricate of Survey no. 20690, records of Flathead County, Montana, containin2 15.78 acres, more or less, subject to and to2ether with any easements, covenants, conditions, restrictions, or a2reements of record or apparent, in accordance with the Kalispell 2rowth policy - plan it 2035, and to provide an effective date. Council Member — Kari Gabriel: Motion Council Member — Sandv Carlson: 2nd 00: 11:33 Council Member Hunter provided discussion in opposition to the motion related to floodplain area concerns. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mqyor - Mark Johnson: Absent Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Page 3 of 8 Kalispell City Council Minutes, March 17, 2025 Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Council Members Gabriel, Carlson, Nunnally, Graham, Fisher, Dahlman, and Daoud, in favor, Council Member Hunter opposed, and Mayor Johnson absent. 2) Resolution 6246 — Flathead Warming Center v. CiIy of Kalispell Settlement Agreement 4�0 This resolution considers ratifying a Settlement Agreement, authorizing the City Manager to execute a Mutual Release, rescinding Resolution 6227, and reinstating the Conditional Use Permit granted to the Flathead Warming Center. City Manager Doug Russell provided the staff report on this item. 00: 13:40 Council Member Daoud asked about the present status of this case and how quickly the court case would end if the resolution were passed tonight. 00: 15:00 Council Member Hunter asked about the apology to Tonya Horn within the settlement agreement, and then read it aloud. Public Comment Council President Graham opened public comment. 00: 15:20 Ray Younz Public Comment Young, the Program Manager for the Flathead Warming Center said he believes the right thing is for this settlement to move forward so we can all turn the page together as a community to deal with the homeless problem that we have. He then spoke regarding the number of people the Center has served over the winter season so far, and that the majority are from here. He spoke regarding the release of their Community Connection Guide and that it lists ways to contact the Center. He relayed that they have since received one complaint over a littering issue which they picked up. He thanked the Police Chief and Captain Fetveit for working together with the Center. He spoke regarding believing that the neighborhood communications have gotten stronger and are going in a positive direction. He spoke regarding conversations had with local businesses. He talked about a new Warming Center Community Care Team the Center has deployed, what they have been doing, and the successes they are seeing, and how the Warming Center clients are contributing to cleaning up trash. He provided an example of a Center client's successes over time. He spoke regarding the importance of collaboration, and said they do have a positive collaborative relationship with the Police Department. He spoke regarding the frustrations with those with severe mental illness and trying to find them the right resources, and about the clients who are asked to leave, and then spoke regarding clients who have had successes. He thanked Council and the Police for their time. He asked the public to contact the Warming Center if they have questions or want to have a conversation. He spoke regarding wanting to continue to get better and what they do. Page 4 of 8 Kalispell City Council Minutes, March 17, 2025 00:22:14 Shawn Patrick ONeill O'Neill, Resource Manager of the Flathead Warming Center spoke regarding moving forward and having hope again, and what that means for the Center and their guests, and how the Center fosters hope beyond basic needs. He then spoke regarding the Warming Centers resources and requirements with case management speaking on their Links and Roadmaps Programs which brings services such as health care providers, vocational rehabilitation, haircuts and more into the center. He provided further details about their Road Maps program management services, and about advocacy and accountability. He talked about the Center helping 23 guests over the past season getting into housing or treatment with further related goals and positive outcomes, and how the Center is always striving to do better. 00:25:42 Rebecca Smith, Public Comment Smith spoke regarding her experiences and why she was asked to leave the Samaritan House, her worries over keeping a job and not knowing where to go and then her stays with the Warming Center and the resources and help that the Flathead Warming Center provided and the hope that she felt from those resources, and the importance that staff believed in her, despite her struggles and past. She asked Council to believe and support the Warming Center as they had believed in her, and the other guests at the Center. She spoke regarding now having a home, a car, and a stable job due to the Warming Center believing in her and providing resources. 00:28:40 Jande Ouinn, Public Comment Quinn talked extensively regarding her belief that Council should not have revoked the Warming Centers conditional use permit, and that the subsequent lawsuit was a waste of time and money, and her view on the lack of corroboration and evidence of the testimony provided by the neighborhood at Council meetings. She urged Council to be thankful to Tonya and the Warming Center for agreeing to the settlement and talked regarding the treatment of Tonya Horn. Quinn spoke in detail about her negative views regarding the City and the County, her view that poverty has been criminalized, and her negative views about many of the decisions that have been made, and the many ways in which she feels governance has failed. She spoke regarding her experience going to Court and feeling community with everyone at that event, and how she hopes we can all move past this. She asked Council and the City to be a partner in providing services regarding homelessness and past requests by service providers for a partnership. 00: 3 3:46 Cassidy Kipp, Public Comment Kipp spoke on how emotional this issue has been for many. She then spoke on the issue of homelessness and solutions and then procedure and process. She talked in detail regarding how she believes the Council was not provided with good counsel related to the rules, policies and procedures related to this item, and how people were hurt by the decisions that were made. She feels the City has long been neglectful related to addressing social services and the homeless and it is a waste of money not to address them. She spoke regarding how she would like the Council and staff to reflect internally on the process. She asked Council to review the injunction ruling related to this case, and about her views related to the revocation and subsequent legal battle being a waste of time and energy and related anger. 00: 3 8:08 Kenny Nelson, Public Comment Nelson said that she had brought this forward as a neighbor of the Warming Center a year ago, and that she feels that what is happening now is what the neighborhood asked for originally, but Page 5 of 8 Kalispell City Council Minutes, March 17, 2025 that the Warming Center filed suit before they would do anything. She talked about her opinion that the Warming Center has cost the city money, and that they should have worked with the neighborhood to begin with. She spoke regarding frustration that she was not personally contacted. She spoke in detail regarding why she believes that the low barrier status of the Center is not appropriate. She spoke regarding her view that the settlement agreement should be passed, and her further views on how the case should have been handled by the Judge. She then spoke regarding her appreciation for Council and suggested that the public attend Council meetings. 00: 4 1: 10 Tonva Horn, Public Comment Horn, Executive Director of the Flathead Warming Center spoke regarding her frustration with the previous speaker's statements, and the things she believes were not fair. She then read a prepared statement talking about turning a page together, and how the past year has been hard for everyone. She quoted past public comment she has provided related to not being in opposition to the neighbors and how they do not defend anyone who has engaged in criminal activity and feeling like she is and has been blamed for criminal activity. She talked in detail regarding her feelings related to how much their hearts have been hurting and how hard this issue has been and that no one is winning with this situation. She spoke regarding feeling hurt related to the Warming Center not being heard, and to some of the neighbors feeling like they were not heard, and about the frustrations they have heard, and that the Warming Center is listening and does care. She asked that people talk with them and reach out to visit the Center and to the hope and transformation she sees their every day. She provided the different ways in which people can reach the Center, and that if there are ways in which they can address the communities concerns they will, and that the public contact the City for areas in which the Center cannot address. She talked about turning the page for hope and grace and moving forward together, saying we can all do better. She spoke regarding the service programs they and other nonprofit organizations and community partners are offering, and all the people, partners and organizations that want to do better together to provide opportunities for those in the homeless to rebuild their lives and asked everyone to j oin them. 00:48:07 Luke Heffernan, Public Comment Heffernan thanked Council for their service and that he believes the Council has the best interest for the City of Kalispell in mind. He said they all agree that this settlement is what is best for the City. He spoke to learning things through this process and that we can learn and grow and do better. He talked about how hard the year has been and looking forward to moving on. 00:50:00 Public Comment Closed Seeing no further comments, Council President Graham closed public comment. 00: 50:09 Motion to accept Resolution 6246, a resolution ratifyin2 the Settlement A2reement between the Flathead Warmin2 Center and the City of Kalispell, authorizin2 the City Mana2er to execute the Mutual Release, rescindin2 Resolution 6227, reinstatin2 the Conditional Use Permit 2ranted to the Flathead Warmin2 Center, and declaring an effective date. Council Member — Sam Nunnally Council Member — Sandv Carlson 00:50:52 Council Member Nunnally provided discussion in favor of the motion. Page 6 of 8 Kalispell City Council Minutes, March 17, 2025 00:51:33 Council President Graham provided discussion in favor of the motion. 00:54:15 Council Member Hunter provided discussion in favor of the motion. 00:59:18 Council Member Daoud provided discussion in favor of the motion. 0 1: 0 1: 14 Vote on the motion. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mgyor - Mark Johnson: Absent 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 with Mayor Johnson absent. 1. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • We are entering into budget season. May 6 and 7h will be budget work sessions, with multiple budget discussions throughout the year. He spoke regarding past conversations to bring forth Code enforcement and potential program and revisions, which staff plan to bring forward during the 3-24-25 work session. • Review of impact fees for Fire and Police are being discussed internally, will be brought to the Impact Fee Advisory Committee, and then brought forth for Council discussion in August. 01:02:52 Council Member Daoud spoke regarding the final days of the legislation session, and that there is a lot going on that could affect the City. He spoke regarding another bill trying to move City Council elections to the same year as the partisan elections. He spoke regarding how City elections get drowned out by partisan elections and how hard it is to reach people during those time frames. He spoke regarding reaching out to legislators to let them know your views, and why he believes the bill should not be passed. 01:05:31 Council Member Gabriel asked a question on behalf of a constituent about who to speak with when they find people and trash along the Parkline Trail when riding his bicycle in the morning, learning that depending on what they are finding, they should start with the Parks Department. J. ADJOURNMENT Council President Graham adjourned the meeting at 8:06 p.m. Page 7 of 8 Kalispell City Council Minutes, March 17, 2025 Aimee Brunckhorst, City Clerk Minutes approved on UPCOMING SCHEDULE Next Work Session — March 24, 2025, at 7:00 p.m. — Council Chambers Next Regular Meeting — April 7, 2025, at 7:00 p.m. — 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 or live or later on YouTube at: https://www.youtube.com/g ,,,cilyofkalispellmontana9632/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, or cilyclerkgkali spell. com. Page 8 of 8