City Council Agenda

CITY COUNCIL MEETING AGENDA TUESDAY, February 21, 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_oAYmIIJnQQC1HscTeYfxWw. Please see the bottom of the agenda to learn how to watch the meeting live or later. A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL E. CONSENT AGENDA All items listed on the consent agenda will be accepted by 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 – February 6, 2023 2. Recommendation for Professional Services – Solid Waste Master Plan This item would select Burns and McDonnell as the professional consultant for a Solid Waste Master Plan. F. COMMITTEE REPORTS G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Public comment can also be provided via email to publiccomment@kalispell.com, or via video conference. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalispell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. Page 1 of 3  Kalispell City Council Agenda, February 21, 2023 1. Consideration of Ordinances Related to Public Parks a. Ordinance 1899 – Second Reading - Excessive Personal Property This ordinance considers making it unlawful to place, store, or maintain personal property at public facilities outside of a special event or reservation, so as not to interfere with another’s use of public property. b. Ordinance 1900 – Second Reading - Creation of Structures This ordinance would limit the erection of structures in City Parks, not including municipal installations or installations or displays in conjunction with a special event. c. Ordinance 1901 – Second Reading - Use of Park Structure Without Permit This ordinance would set limits on the amount of time a party could occupy a covered park structure without securing a permit for its extended use. 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, and provide for a more equitable use across the public for the park amenities. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed – February 20, 2023 – Presidents’ Day Holiday Next Work Session – February 27, 2023, at 7:00 p.m. – Council Chambers Next Regular Meeting – March 6, 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 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 2 of 3 Kalispell City Council Agenda, February 21, 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 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES February 6, 2023, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East The public was able to participate in person in the council chambers or via videoconferencing. 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: Absent 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, Parks and Recreation Director Chad Fincher, Interim Finance Director Aimee Cooke, Public Works Director Susie Turner, and Police Chief Doug Overman. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as submitted. Council Member – Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Page 1 of 13  Kalispell City Council Minutes, February 6, 2023 Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilor Gabriel absent. E. CONSENT AGENDA All items listed on the consent agenda will be accepted by 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 – January 17 and 23, 2023   2. Reject Bid for Lower Zone Water Storage Tanks Roof Replacement Project This item considers rejecting the bid received for this project due to cost.  3. Award Bid for Stormwater Quality Treatment Facilities Project – Ashley Creek Drainage Basin  This item considers awarding this bid to LHC, Inc., in the amount of $971,949.60. 4. Professional Consultant Recommendation for a Stormwater Facility Plan Update This item recommends the selection of HDR as the professional consultant for this update.  5. Firefighter/Paramedic Confirmations  This item considers the confirmation of Firefighter/Paramedics Cody Butler, Jacob Brinlee, Zachary Lanz and John Mellencamp to the Fire Department. Public Comment Mayor Johnson opened public comment on the consent agenda. Seeing none, he closed public comment. 07:01:43 PM (00:03:02) Motion and Vote to approve the consent agenda as published. Council Chair - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Councilor Gabriel absent. Fire Chief Dan Pearce introduced the newly confirmed firefighters speaking about each one. Cody Butler Page 2 of 13  Kalispell City Council Minutes, February 6, 2023 Jacob Brinlee Zachary Lanz John Mellencamp Mayor Johnson pinned Firefighter badges on each of the newly confirmed Firefighters and thanked them for their service. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Mayor Johnson opened general public comment. Seeing none, he closed public comment. Public comment received via email to the Mayor and Council at publiccomment@kalispell.com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items are asked to provide public comment via email to publiccomment@kalispell.com or during the meeting verbally in council chambers or via the online meeting. Please provide your name and address for the record. 1. Resolution 6115 – C-Pace Program  This resolution considers creation of a Commercial Property Assessed Capital Enhancement Act of Montana District within the City of Kalispell. City Manager Russell provided the staff presentation. 00:13:59 Councilor Nunnally asked questions of staff. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:13:26 PM (00:14:45) Motion to approve Resolution 6115, a resolution establishing a commercial property assessed capital enhancement program in Kalispell, Montana. 07:13:57 PM (00:15:16) Councilor Daoud provided clarification on the motion. Vote on the motion. Council Member - Jessica Dahlman: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Page 3 of 13  Kalispell City Council Minutes, February 6, 2023 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 Councilor Gabriel absent. 2. Resolution 6116 – Four Mile Drive Transportation Alternative Grant Application for Multi-Use Path  This resolution considers recommending the submittal of a Montana Department of Transportation grant application for a multi-use path connection on the north side of Four Mile Drive at the west end of the Kalispell Youth Athletic Complex. City Manager Russell provided the staff presentation. 07:15:38 PM (00:16:57) Development Services Director Jarod Nygren continued the staff presentation. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:16:16 PM (00:17:34) Motion and Vote to approve Resolution 6116, a resolution to approve an application by the City of Kalispell to the Montana Department of Transportation for a grant to fund a multi- use path connection for Four Mile Drive at the Kalispell Youth Athletic Complex. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Councilor Gabriel absent. 3. Resolution 6117 – Bonds for Sewer Lift Station 9  This resolution considers issuance of bonds totaling $1,775,000 to fund the acquisition, construction, and equipping of a sewerage lift station. City Manager Russell provided the staff presentation for this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Page 4 of 13  Kalispell City Council Minutes, February 6, 2023 07:18:05 PM (00:19:24) Motion and Vote to approve Resolution 6117, a resolution relating to $1,775,000 sewerage system revenue bonds (DNRC Water Pollution Control State Revolving Loan Program), consisting of $375,000 subordinate lien taxable series 2023A Bond and $1,400,000 tax- exempt Series 2023B Bond; authorizing the issuance and fixing the terms and conditions thereof. Council Member - Sid Daoud: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Councilor Gabriel absent. 4. Consideration of Ordinances Related to Public Parks  a. Ordinance 1899 – First Reading - Excessive Personal Property This ordinance considers making it unlawful to place, store, or maintain personal property at public facilities outside of a special event or reservation, so as not to interfere with another’s use of public property. b. Ordinance 1900 – First Reading - Creation of Structures This ordinance would limit the erection of structures in City Parks, not including municipal installations or installations or displays in conjunction with a special event. c. Ordinance 1901 – First Reading - Use of Park Structure Without Permit This ordinance would set limits on the amount of time a party could occupy a covered park structure without securing a permit for its extended use. 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, and provide for a more equitable use across the public for the park amenities. City Manager Russell began the staff presentation on this item. 07:27:16 PM (00:28:35) Councilor Dahlman asked questions regarding Ordinance 1900. 07:30:26 PM (00:31:44) Councilor Dahlman asked for clarification and then said she would like to see the time limit extended on Ordinance 1901. 07:31:14 PM (00:32:32) Councilor Hunter asked questions about the current municipal code. 07:32:12 PM (00:33:31) City Attorney Preble clarified a provision of the current code. Page 5 of 13  Kalispell City Council Minutes, February 6, 2023 07:32:37 PM (00:33:56) Councilor Hunter continued questions. 07:37:00 PM (00:38:18) Councilor Daoud asked questions of staff. 07:42:38 PM (00:43:56) Chief Overman responded to questions from Councilor Daoud. 07:44:43 PM (00:46:02) Councilor Fisher provided discussion on the motion. 07:50:05 PM (00:51:23) Councilor Graham asked questions of staff. 07:53:02 PM (00:54:21) Councilor Hunter asked questions of staff. 07:54:29 PM (00:55:48) Councilor Nunnally asked questions of staff. 07:55:40 PM (00:56:59) Public Comment Mayor Johnson opened public comment on this item. 07:55:48 PM (00:57:06) Josh Newsted, Public Comment Mr. Newsted of 124 Antler Peak Lane spoke in support of the proposed ordinances saying that the status quo is not working and spoke to the use of common sense to interpret these Ordinances. He spoke further regarding his views. 07:58:23 PM (00:59:42) Sean O’Neill, Public Comment Mr. O’Neill the Community Services Director with Community Action Partnership and the Chair for Collaborative Housing Solutions of Northwest Montana does not feel these ordinances will be effective and will adversely affect the general public. He spoke further regarding his views. 08:00:25 PM (01:01:44) Jamie Quinn, Public Comment Ms. Quinn spoke in opposition to these ordinances saying she feels they will be enforced unfairly, and feels this is criminalizing poverty. She spoke to all the services that are needed being underfunded. She spoke further regarding her views. Sean Pandina, Public Comment Mr. Pandina spoke in opposition to the proposed ordinances saying he feels laws already exist to deal with the issues at hand and that the ordinances will create more restrictions for the general public. He talked about the need to hold criminals accountable and for disorderly conduct to be enforced. He spoke to the problems the County is experiencing hiring staff for the jail. He spoke to having criminals serve community service. He spoke further regarding his views. Public comment received via email to the Mayor and Council at publiccomment@kalispell.com, can be found at: https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell Seeing no further public comment, Mayor Johnson closed public comment. 08:13:19 PM (01:14:38) Page 6 of 13  Kalispell City Council Minutes, February 6, 2023 Motion to approve the first reading of Ordinance 1899, an ordinance prohibiting the storage, placement, and maintenance of personal property in a manner that interferes with the use of public property in the City of Kalispell, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member – Chad Graham: Motion Council Member – Jed Fisher: 2nd 01:15:01 Councilor Graham provided discussion in favor of the motion. 08:18:08 PM (01:19:27) Councilor Hunter provided discussion in opposition of the motion. 08:21:35 PM (01:22:54) Councilor Hunter made a motion to amend Resolution 1899, exhibit A, Section C-1 so that it reads “deprives another the use of the same property when no roughly equivalent property is reasonably available for use in the immediate vicinity and said person or persons has refused to move said personal property to allow for another’s use.” The amendment died for lack of a second. Councilor Hunter provided discussion. 08:22:40 PM (01:23:59) Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike section C-2 from the ordinance. The amendment died for lack of a second. Councilor Hunter provided discussion. 08:23:30 PM (01:24:49) Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike Section C-3 from the ordinance. The amendment died for lack of a second. 08:25:10 PM (01:26:28) Councilor Hunter made a motion to amend Resolution 1899, exhibit A to strike section C-4 from the ordinance. Council Member – Ryan Hunter: Motion Council Member – Sid Daoud: 2nd 08:25:35 PM (01:26:53) Councilor Daoud provided discussion in support of the amendment to the motion. 08:27:21 PM (01:28:39) Mayor Johnson provided discussion on the amendment. 01:31:10 Vote on the motion to amend to strike section C-4. Council Chair – Ryan Hunter: Motion Council Member – Sid Daoud: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Absent Page 7 of 13  Kalispell City Council Minutes, February 6, 2023 Council Member - Sandy Carlson: Disapprove Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Approve The motion to amend failed with Councilor Hunter and Daoud in favor and Councilors Carlson, Nunnally, Graham, Fisher, Dahlman, and Mayor Johnson opposed with Councilor Gabriel absent. Council took a short break. 08:31:53 PM (01:33:12) Vote on the main motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed unanimously on roll call vote with Councilors Carlson, Nunnally, Graham, Fisher, Dahlman, and Mayor Johnson in favor and Councilor Daoud and Hunter opposed. 08:32:55 PM (01:34:13) Motion to approve the first reading of Ordinance 1900, an ordinance to ban the erection of structures in city parks and public grounds in the City of Kalispell, declaring an effective date, and authorizing the City Attorney to codify the same. Council Member – Chad Graham: Motion Council Member – Sandy Carlson: 2nd 08:33:31 PM (01:34:49) Councilor Graham made an amendment to the main motion to section 1 to add the words ‘or reservation’ after the word permit. Council Member – Chad Graham: Motion Council Member – Jed Fisher: 2nd Discussion on the amendment. 08:34:59 PM (01:36:18) Vote on the amendment to the main motion. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Page 8 of 13  Kalispell City Council Minutes, February 6, 2023 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: Disapprove Council Member - Ryan Hunter: Approve The amendment to the main motion passed with Councilors Carlson, Nunnally, Graham, Fisher, Daoud, Hunter, and Mayor Johnson in favor and Councilor Dahlman opposed with Councilor Gabriel absent. 08:35:36 PM (01:36:55) Councilor Hunter provided discussion on the original motion. 08:39:54 PM (01:41:12) Councilor Fisher provided discussion on the original motion. 08:40:45 PM (01:42:04) Councilor Daoud provided discussion on the original motion. 08:44:05 PM (01:45:24) Councilor Hunter provided discussion on the original motion. 01:45:52 Vote on the original motion as amended. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Councilors Graham, Carlson, Nunnally, Fisher, Dahlman, and Mayor Johnson in favor, and Councilors Hunter and Daoud opposed and Councilor Gabriel absent. 08:45:08 PM (01:46:27) Motion to approve the first reading of Ordinance 1901, 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. Council Member – Chad Graham: Motion Council Member – Jed Fisher: 2nd 08:45:46 PM (01:47:05) Councilor Dahlman amended the main motion to change the time limit from 90 minutes to 150 minutes. Council Member: Jessica Dahlman: Motion Council Member: Jed Fisher: 2nd Page 9 of 13  Kalispell City Council Minutes, February 6, 2023 Councilor Dahlman provided discussion on the amendment. 08:46:30 PM (01:47:49) Councilor Hunter provided discussion on the amendment. 08:48:25 PM (01:49:43) Amendment to the amendment to strike the word cumulative from the Ordinance. Council Member: Sid Daoud: Motion Council Member: Jessica Dahlman: 2nd Council discussed the amendment. 08:50:34 PM (01:51:53) Vote on the motion to amend. Council Member - Sid Daoud: Motion Council Member - Jessica Dahlman: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Disapprove Council Member - Chad Graham: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Ryan Hunter: Approve Council Member - Sam Nunnally: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Jessica Dahlman: Disapprove The motion to amend failed with Councilor Daoud in favor and Councilors Carlson, Graham, Nunnally, Dahlman, Fisher, and Mayor Johnson opposed and Councilor Gabriel absent. 08:51:29 PM (01:52:48) Councilor Nunnally provided discussion on the motion. 08:52:13 PM (01:53:31) Councilor Carlson provided discussion on the motion. Mayor Johnson provided discussion on the motion. Vote on the original amendment to the motion to change the time limit to 150 minutes. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 amendment passed unanimously on roll call vote with Councilor Gabriel absent. 08:55:08 PM (01:56:26) Councilor Hunter provided discussion on the motion. Page 10 of 13  Kalispell City Council Minutes, February 6, 2023 08:56:39 PM (01:57:57) Motion to amend to add the word reservation after the word permit in section 1. Council Member – Chad Graham: Motion Council Member – Sam Nunnally: 2nd 08:57:21 PM (01:58:39) Vote on the amendment to the motion. Council Chair - Chad Graham: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 amendment to the motion passed unanimously on roll call vote with Councilor Gabriel absent. 08:58:00 PM (01:59:18) Vote on the original motion as amended. Council Chair - Chad Graham: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Absent 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 Councilor Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Pre-treatment will not be ready to discuss at the next work session, so the discussion may be related to the budget. Details will follow. 08:58:51 PM (02:00:10) Councilor Daoud spoke to the statement made by Police Chief Overman during the discussion on item H.4 and how the statement affected his vote. He then spoke regarding details within the current panhandling ordinance. He thanked the public for their patience on this issue. Page 11 of 13  Kalispell City Council Minutes, February 6, 2023 09:00:00 PM (02:01:18) Councilor Hunter announced that tomorrow at 8 a.m. and Thursday at 8 a.m. are appropriations committee hearings on HB2 at the State Legislature and this is the opportunity to ask the state to appropriately fund mental health services. On Wednesday at 3 p.m. is a Human Services Committee Hearing on HB380 which provides one time funding boost for shelters. He encouraged the public to testify in support of mental health funding. Mayor Johnson spoke regarding a website the public can visit to register to testify on a bill and that video conferencing is available. 09:00:32 PM (02:01:50) Councilor Dahlman spoke regarding the need for appropriate needle disposal. 09:02:03 PM (02:03:22) Councilor Graham spoke regarding the need for mental health funding from the State. He encouraged the public to provide comment to state legislators to support mental health funding. 09:03:28 PM (02:04:47) Councilor Nunnally spoke to his experiences on the Sheriff’s Posse and as a Reserve Deputy. He spoke in favor of State HB256 which would have allowed auxiliary officers to carry firearms, but the bill did not pass. 09:05:54 PM (02:07:13) Mayor Johnson discussed the complexity of the homeless issues and the changes he has seen over time and how that has affected the issues. He spoke to the need for state funding long term for mental health, and addiction services. He spoke further on his views. 09:13:32 PM (02:14:50) J. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:13 p.m. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2023 Page 12 of 13  Kalispell City Council Minutes, February 6, 2023 UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – February 13, 2023, at 7:00 p.m. – Council Chambers City Offices Closed – February 20, 2023 – Presidents’ Day Holiday Next Regular Meeting – Tuesday, February 21, 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 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 13 of 13  MEMORANDUM To: Doug Russell – City Manager From: Susie Turner, PE – Public Works Director Re: Recommendation for Engineering Consultant – Solid Waste Master Plan Meeting Date: 2/21/2023 BACKGROUND: The city advertised a request for qualifications (RFQ) for professional services to complete a Solid Waste Master Plan in December of 2022. The Master Plan will provide analysis of existing operations, conditions, and costs and provide the guidelines for future policy and strategies, expenditure estimates, and revenue and rate recommendations. The planning process will evaluate and analyze the Solid Waste Division’s operations and financial health, address and/or identify critical short-term and long-term needs, provide key information for stakeholders and city policy makers to provide direction on program decisions, and develop a plan that provides the city guidance for successful, long-term solid waste operations. The city received two statements of qualifications (SOQ) from the following local and regional engineering firms: HDR and Burns and McDonnell. REQUIRED SERVICES: The services to be provided for this project include: • Review existing services and policies. • Perform outreach observation and analysis. • Evaluate multiple collection operations and service policies for commercial and residential. • Advise on costs to perform a recycling analysis. • Development of residential and commercial strategic service priorities (short, near and long term), policies, and cost estimates. • Development of cost of service and rate analysis for current and future services. • Development of final report and presentations. RECOMMENDATION: A selection committee of five city staff from Public Works was convened to review and score the SOQs received. Based on the SOQ scoring, reference checks, and careful consideration, Burns and McDonnell was selected and is recommended based on technical references, relevant project experience, contract approach, reviewed report samples, and performance criteria. ACTION REQUESTED: Motion to select Burns and McDonnell as the professional consultant for the Solid Waste Master Plan. FISCAL EFFECTS: Funds for the professional service have been allocated in the Solid Waste Fund item: 354 – Contract and Consultant Services. ALTERNATIVES: As suggested by City Council. 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com  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: Consideration of Three Ordinances Related to Public Parks MEETING DATE: February 21, 2023 BACKGROUND: As was discussed at the work session on January 23, 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. Through discussion at the work session on potential ordinances to address the activity occurring in the parks, the following three ordinances were recommended to council for first reading at the February 6, council meeting: 1) Ordinance 1899 This ordinance would make it unlawful to place, store, or maintain personal property at public facilities outside of a special event or reservation, so as not to interfere with another’s use of public property. 2) Ordinance 1900 This ordinance would limit the erection of structures in City Parks, not including municipal installations or installations or displays in conjunction with a special event. 3) Ordinance 1901 This ordinance would set limits on the amount of time a party could occupy a covered park structure without securing a permit for its extended use. 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, and provide for a more equitable use across the public for the park amenities. These policies would provide a means to address conditions that are occurring related to the use of park facilities, trash, illegal activity, etc. These ordinances would be 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. They would also not prohibit anyone from using the parks (they just could not use one of the park facilities all day without a permit or reservation). Ordinance 1899 passed first reading at the February 6, 2023, council meeting with no amendments on a 6-2 vote with one absent. Ordinance 1900 passed first reading at the February 6, 2023, council meeting on a 6-2 vote with one absent with an amendment to add “or reservations” to Section 1, 19-38. Ordinance 1901 passed first reading at the February 6, 2023, council meeting on a unanimous vote with one absent with an amendment to add “or reservations” to the second whereas after the word permit, and an amendment to change the time limit to 150 minutes wherever 90 minutes is listed throughout the Ordinance. RECOMMENDATION: It is recommended that council take the following actions in three separate motions: 1) It is recommended that Council approve the second reading of Ordinance No 1899, an Ordinance Prohibiting the Storage, Placement, and Maintenance of Personal Property in a Manner that Interferes with the Use of Public Property in the City of Kalispell, Declaring an Effective Date, and Authorizing the City Attorney to Codify the Same 2) It is recommended that Council approve the second reading of Ordinance No 1900, an Ordinance to Ban the Erection of Structures in City Parks and Public Grounds in the City of Kalispell, Declaring an Effective Date, and Authorizing the City Attorney to Codify the Same. 3) It is recommended that Council approve the second reading of Ordinance No 1901, 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. ATTACHMENTS: Ordinance No 1899 Ordinance No 1900 (revised since first reading to reflect approved amendments) Ordinance No 1901 (revised since first reading to reflect approved amendments)  ORDINANCE NO. 1899 AN ORDINANCE PROHIBITING THE STORAGE, PLACEMENT, AND MAINTENANCE OF PERSONAL PROPERTY IN A MANNER THAT INTERFERES WITH THE USE OF PUBLIC PROPERTY IN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell’s property such as parks, streets, sidewalks, benches, and public gathering spaces are valuable amenities that are used and enjoyed by residents and visitors alike; and WHEREAS, in recent years, individuals have used the City's property to store personal items and garbage thus interfering with other’s rights to access and use such public property; and WHEREAS, the City has received numerous complaints from businesses, residents, and visitors about individuals storing personal items on public property; and WHEREAS, it is in the best interests of the City, its residents, and its visitors to ensure that public property and spaces are kept sanitary and free from items that impede use of public property; and WHEREAS, it is in the best interests of the City of Kalispell and its inhabitants to prohibit the storage, placement, and maintenance of personal property in a manner that interferes with the use of public property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. A new Section is hereby added to Chapter 19 of the Kalispell City Code as set forth in Exhibit A attached hereto. SECTION 2. If any section, subsection, sentence, clause, phrase, or word in this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. SECTION 3. This Ordinance shall take effect thirty (30) days after its final adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21ST DAY OF FEBRUARY, 2023. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk  EXHIBIT A Chapter 19, Section 37 - Excessive Personal Property Interfering with the Use of Public Property A. PURPOSE: Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public property for the storage of excessive personal property interferes with the rights of other members of the public to use public areas for their intended purposes, including those with accessibility issues, and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in a clean, sanitary, and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses. B. DEFINITIONS: As used in this chapter, the terms are defined as follows: EXCESSIVE: More than what a reasonable person would carry with them as the most rudimentary precaution or for the enjoyment or use of the public property or an amount of property that will interfere with another’s use of public property. PERSON: Any natural person or individual, group, business, business trust, company, corporation, partnership, entity, association, club, or organization composed of two or more individuals. PERSONAL PROPERTY: Any and all tangible things or property, including, without limitation, goods, materials, products, and merchandise or food of any kind. PUBLIC PROPERTY: That portion of any public area or public areas within the City that are owned, managed, controlled, or maintained by the City, including, without limitation, any park, parking lot, street, alley, median strip, space, ground, building, structure, sidewalk, avenue, highway, curb, bikeway, or any right-of-way or other public way in the City, improved or unimproved. STORE: To put aside or accumulate for use when needed, or to put for safekeeping, and/or to place or leave or lay away in a location for preservation or later use or disposal, separate and apart from being carried, kept, or stored upon one's person. C. PROHIBITED CONDUCT: It is unlawful for a person or persons to place, store, or maintain excessive personal property on public property and in a manner that: 1. Deprives another the use of the same property; 2. Creates a health or sanitation issue;  3. Creates an obstruction; or 4. Causes a public area to be uninviting to others. D. VIOLATION – PENALTY. Any violation of the restrictions set forth in this section may be treated as a municipal infraction as provided in section 1-12 of this code, and the person violating the restrictions set forth in this section may be assessed a civil penalty as provided in section 1-12 of this code. E. ABANDONED PERSONAL PROPERTY. Abandoned personal property stored on public property shall be tagged with a date, time, and location, removed to a City owned facility, and held by the City for a period of 30 days or as required by State law during which time the owner may reclaim the personal property. Abandoned personal property that has not been reclaimed within this time frame shall be disposed of by the City.  ORDINANCE NO. 1900 AN ORDINANCE TO BAN THE ERECTION OF STRUCTURES IN CITY PARKS AND PUBLIC GROUNDS IN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell consists of just over 12.7 miles of land which is home to approximately 26,000 residents and is a year-round tourist destination; and WHEREAS, the City’s various parks are popular recreational facilities that are heavily used by residents, workers, and visitors; and WHEREAS, because the Parks and Recreation Department’s resources are limited, special efforts must be undertaken to maintain the City’s parks and facilitate their shared use; and WHEREAS, the unauthorized use of equipment, displays, and structures within the City's parks and public grounds can cause damage and pose safety hazards; and WHEREAS, the City has a significant interest in maintaining its parks and public grounds in an attractive and intact condition, readily available to all residents, workers, and visitors who wish to use and enjoy them; and WHEREAS, the intensity and variety of City park use necessitates further regulation to mitigate safety hazards and to ensure that City’s parks and public grounds will provide meaningful recreational opportunities for all members of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1: A new Section is hereby added to Chapter 19 of the Kalispell City Code as follows: 19-38 ERECTION OF STRUCTURES. No person shall, in any park or other public grounds, erect, maintain, use or occupy any tent, lodge, shelter, structure or unattended installation or display. The following are exempt from this prohibition: (1) City structures and installations; and (2) other installations or displays authorized in conjunction with a special event when a permit or reservation has been issued by the City. SECTION 2. In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect. SECTION 3. This Ordinance shall take effect thirty (30) days after its final adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21ST DAY OF FEBRUARY, 2023. ________________________________ Mark Johnson Mayor ATTEST: ______________________________ Aimee Brunckhorst, CMC City Clerk  ORDINANCE NO. 1901 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 150 minute time limit on use of covered City park structures when a permit or reservation is not in place reduces the likelihood of criminal activity within the covered structures; and WHEREAS, a cumulative 150 minute time limit on use of covered City park structures when a permit or reservation is not in place encourages equitable use of covered City park structures by all members of the public; and WHEREAS, in the best interests of the public to keep covered 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 covered City park structures by any person be limited in time to no more than 150 cumulative minutes of use within one calendar day. Any use of a covered City park structure exceeding 150 cumulative minutes within a calendar day requires that the user acquire a permit or reservation. 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 adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21ST DAY OF FEBRUARY, 2023. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk