City Council Agenda

CITY COUNCIL WORK SESSION AGENDA January 23, 2023, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public can participate in person in the council chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/webinar/register/WN_EFX8ah5KT4u3tkIKYPGCYw. Please see the bottom of the agenda for instructions to watch the meeting live. A. CALL TO ORDER B. DISCUSSION 1. Review of Potential Ordinances Related to Public Parks C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Public comment can be provided in person, verbally during the online meeting, or via email to publiccomment@kalispell.com D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Regular Meeting – February 6, 2023, at 7:00 p.m. – Council Chambers Next Work Session – February 13, 2023, at 7:00 p.m. – Council Chambers To provide public comment live, remotely, please register for the video conference through zoom and use the raise hand feature to indicate you would like to provide public comment. See the top of the agenda for the zoom link. Watch City Council sessions live or later on Charter Cable Channel 190 or online 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. Accessible parking is available at the rear entrance to City Hall off of the alley, where there is an accessible entrance, and accessible restrooms nearby. Auxiliary aids are also available. For questions about disability accommodations please contact the City Clerk at 406-758-7756. Page 1 of 2 Kalispell City Council Agenda, January 23, 2023 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. c. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ◼ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ◼ We are responsible for respectful and courteous dialogue and participation. ◼ We respect diverse opinions as a means to find solutions based on common ground. ◼ We encourage and value broad community participation. ◼ We encourage creative approaches to engage in public participation. ◼ We value informed decision-making and take personal responsibility to educate and be educated. ◼ We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving. ◼ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ◼ We follow the rules & guidelines established for each meeting. Page 2 of 2  City of Kalispell 201 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Review of Potential Ordinances Related to Public Parks MEETING DATE: January 23, 2023 BACKGROUND: As was brought up at the previous work session, we have started to see a daytime encampment develop at the gazebo in Depot Park from the park’s opening hours to closing, discouraging use by the community. In this area, we have confirmed and/or cited disorderly conduct, public alcohol consumption, public nudity, public urination, and have received reports and photographic images of fecal matter. To address and investigate complaints, law enforcement has spent time at the end of the park’s closing to address and remove the material that has been left behind which has included mattresses, tarps, clothes, food, and other items. With this situation we have a health and safety issue which includes illegal activity occurring in daytime hours at a public park. Second, we have a situation where a group is essentially taking control of a public space, discouraging other members of the community from using that amenity, and generating trash accumulation that is falling on our law enforcement to clean each night to keep our parks free from debris. These activities typically require a party to have a special event permit, which provides exclusive access and a means to match services with the respective use as part of the permit approval process. In providing a process that serves the entire community, it is important to recognize and uphold individual constitutional rights. We have reviewed potential options that we feel comply with constitutional protections that can be implemented to provide a public space that serves the entire community in the fashion for which the parks were intended. Policies that have been enacted in other jurisdictions or policies that could apply here that do not infringe upon individual rights include: 1) Unlawful placement of property outside a reservation or special event permit, and/or the erection of structures on public grounds. These ordinances would make it unlawful to place or receive personal property at public facilities outside of a special event or reservation. Hence the use of public space could not include demarking an area, storing property, or erecting a structure. I am attaching two ordinances from Whitefish that are examples of this type of legislation. 2) An ordinance could be put into place making it unlawful to occupy the same park amenity without a reservation or event permit for a cumulative period of time in a calendar day. This would not require anyone to move outside of the public park but would limit the ability to take all day possession of a single structure, such as a gazebo,  within the park (we require groups to get permits when they seek to occupy our parks’ structures. Allowing this to currently occur is providing a different level of treatment.) These policies would provide a means to address conditions that are occurring and the related complaints that have come in that reference use of park facilities, trash, illegal activity, etc. These ordinances would also not infringe on constitutional rights as they are universally applied to facilitate public usage of park facilities, and an equal treatment when use of the facilities leads to restricted access and consumption of municipal resources. It would also not prohibit anyone from using the parks (they just could not use one of the park facilities all day without a permit). The sample ordinances currently in place in Whitefish are attached for discussion along with potential wording of an ordinance for setting time limitations at a park structure. RECOMMENDATION: It is recommended that council review and consider the attached ordinances and provide appropriate direction. ATTACHMENTS: Whitefish Ordinance on Excessive Personal Property Interfering with the Use of Public Property Whitefish Ordinance on Erection of Structures on Public Grounds Draft Kalispell Ordinance on use of Park Structure without a Permit  ORDINANCE NO. XXXX AN ORDINANCE AMENDING SECTION 19-20 OF THE KALISPELL CITY CODE SETTING FORTH THE RULES AND REGULATIONS OF PARK STRUCTURES, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, public areas should be accessible and usable by residents and the public at large; and WHEREAS, a cumulative 90 minute time limit on use of City park structures when a permit is not in place reduces the likelihood of criminal activity with the structures; and WHEREAS, a cumulative 90 minute time limit on use of City park structures when a permit is not in place encourages equitable use of City park structures by all members of the public; and WHEREAS, in the best interests of the public to keep City park structures available for equitable daytime use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 19-20 of the Kalispell City Code shall be and is hereby amended by adding the following paragraphs: E. Park Structures: Use of any and all City park structures by any person be limited in time to no more than 90 cumulative minutes of use within one calendar day. Any use exceeding 90 cumulative minutes within a calendar day requires that the user acquire a permit. SECTION 2. Section 19-20 (E) and (F) shall be re-lettered to (F) and (G) accordingly. SECTION 3. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF , 2023. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk