City Council Agenda

CITY COUNCIL MEETING AGENDA April 15, 2024, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East See the bottom of the agenda to learn how to provide public comment and watch meetings 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 – April 1, 2024 2. Award 2024 Sidewalk and Curbing Projects This item considers awarding Sandon Construction the contract for sidewalk and curbing projects for the year. 3. Award Welcome to Kalispell Sign RFP This item considers awarding Highline Design the contract to design and install a Welcome to Kalispell sign on the bridge on the eastern edge of the Parkline Trail. 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. See the bottom of the agenda to learn the protocol for providing comment. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Charles Hotel Agreement This item requests Council approve and authorize the City Manager to execute agreement addendums for the Charles Hotel projects. 2. Ordinance 1919 – First Reading – Changes to Ch. 24, Sidewalks This item considers amendments to Kalispell Municipal Code Chapter 24, Sidewalks. Page 1 of 3  Kalispell City Council Agenda, April 15, 2024 3. Appointments to City Advisory Boards and Committees Council will consider the recommendations of the Mayor for appointments to the various boards and committees. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE Next Work Session – April 22, 2024, at 7:00 p.m. – Council Chambers Next Regular Meeting – May 6, 2024, at 7:00 p.m. – Council Chambers PARTICIPATION 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 and limit comments to three minutes. Comments can also be sent to publiccomment@kalispell.com. To provide public comment live, remotely, register for the video conference through zoom at: https://us02web.zoom.us/webinar/register/WN_QPYwhsPoRN6n_WaPSRlyWg. Raise your virtual hand to indicate you would like to provide comment. Watch City 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. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: https://www.youtube.com/@cityofkalispellmontana9632/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. 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. Page 2 of 3 Kalispell City Council Agenda, April 15, 2024 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 MEETING MINUTES April 1, 2024, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East See the bottom of the agenda to learn how to provide public comment and watch meetings live or later. 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: Absent 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, Senior Planner P.J. Sorensen, Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as submitted. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: 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: Absent Council Member - Ryan Hunter: Approve Page 1 of 6  Kalispell City Council Agenda, April 1, 2024 The motion passed unanimously on voice vote with Councilors Dahlman and 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 – March 18, and March 25, 2024   Motion to approve the consent 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Councilors Dahlman and Gabriel absent. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Mayor Johnson opened public comment. 00:02:29 Nelson, Public Comment Ms. Nelson, a resident on Liberty Street said she is seeing problems in her neighborhood around the Warming Center with people hanging out in the Meridian and Liberty intersection and at the Fairgrounds. Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION 1. Resolution 6190 – Public Participation Plan for Montana Land Use Planning Act  Page 2 of 6  Kalispell City Council Agenda, April 1, 2024 This resolution considers adopting a public participation plan related to how communication and engagement will be solicited in the adoption of a future Land Use Plan and regulations as required by State Senate Bill 382, the Montana Land Use Planning Act. City Manager Doug Russell began the presentation. 00:04:45 Senior Planner P.J. Sorensen presented a summary on this item. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion to approve Resolution 6190 a resolution of the City of Kalispell, Montana, to adopt a Land use public participation plan as required by section 76-25-106, M.C.A., of the Montana Land Use Planning Act, in order to provide continuous public participation when adopting, amending, or updating a land use plan or regulations pursuant thereto. Council Member - Sid Daoud: 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Dahlman and Gabriel absent. 2. Resolution 6191 – Request for Glacier Rail Park Targeted Economic District Funds for Rail Park Drive Public Infrastructure  This resolution considers a request from Flathead County Economic Development Authority for $135,000 in funding from the TEDD for road infrastructure. City Manager Doug Russell provided the staff report. 00:08:26 Development Services Director Jarod Nygren continued the staff report. 00:10:01 Councilor Hunter began questions asking about the TEDD balance. He continued questions asking about the original construction of the road. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:12:32 Motion to approve Resolution 6191, a resolution approving the Kalispell Urban Renewal Agency (URA) recommendation to grant funding in the amount of $135,000.00 from the Glacier Rail Park Targeted Economic Development District (TEDD) to the Flathead County Page 3 of 6  Kalispell City Council Agenda, April 1, 2024 Economic Development Authority (FCEDA) for the purpose of adding necessary public infrastructure improvements to upgrade Rail Park Drive to city standards. 00:13:33 Councilor Daoud asked questions related to sidewalk connectivity. 00:14:31 Councilor Daoud asked a question related to road connectivity. 00:15:26 Councilor Daoud asked questions about funding. 00:15:56 Councilor Hunter provided discussion on the motion. Vote on the motion. Council Member - Sandy Carlson: 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: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Councilors Dahlman and Gabriel absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • The next budget work sessions will include further discussion about Solid Waste, and tan update to the Senate Bill 382 lawsuit, MAID versus Montana. • The 4-22-24 work Session has a Streets Assessment discussion scheduled. • Budget work sessions on Tuesday and Wednesday, May 7 and 8, 2024, at 6 pm/ • May 7, 2024, is the date the County has set for redoing the election for Wards 1 and 2. 00:19:06 Councilor Daoud spoke regarding perceiving an increase in the unhoused population. He would like to know if there are any resources available to help take these people off the street. 00:20:41 Councilor Fisher agreed with Councilor Daoud saying he would like the City to look into solutions related to issues around the unhoused population such as garbage. 00:21:50 Councilor Hunter spoke to why he believes the unhoused population is counted in the winter. Collaborative Housing Solutions has been working on solutions to this issue, including a plan they have recently finished. He would also like to see the City develop plans as well. He talked about the negative issues surrounding the unhoused population including increased crime, drug use, garbage, etc. He spoke regarding utilizing research and data driven tools to handle the unhoused population. Page 4 of 6  Kalispell City Council Agenda, April 1, 2024 Councilor Hunter thanked the community for passing the Emergency Responder Levy. 00:24:43 Councilor Graham asked the council for a work session regarding the Warming Center reading a statement into the record talking about the deterioration of the quality of life around the Center. He feels conditions of approval for the Warming Center are not being met explaining further why he feels that way. He provided examples of unacceptable behavior in the area and issues that businesses and homeowners in that neighborhood are experiencing. He listed five areas that he feels need to be addressed. 00:32:33 Mayor Johnson provided discussion related to issues around the Warming Center and meetings he has had with the Warming Center and business owners in the neighborhood. He would also agree that further conversations around the Warming Center should be had. He spoke further about the broader conversation around homelessness as well as the negative impacts. 00:34:06 Councilor Fisher talked about the problem being a city-wide issue not just in the neighborhood surrounding the Warming Center. Mayor Johnson provided further discussion about how he would like a work session focused. 00:35:12 Councilor Hunter spoke regarding the Warming Center conditional use permit and the Center Director asking that people contact the Center when issues arise so she can work on resolutions. He would caution against blaming the Warming Center for homeless issues speaking further while he feels that way. 00:37:32 City Manager Russell spoke to Council about clarification. 00:38:11 Councilor Graham would like to review the Warming Center conditional use permit process and would like to see law enforcement calls in the area. 00:38:56 City Manager Russell provided a summary to gain clarification related to what is being requested. The first or second work session in May might be available for this discussion. 00:43:08 Mayor Johnson talked about his tax bill received today, talking about how the state tax laws work and how the state did not adjust the mills this year based on increased assessments like they have in the past and why the extra tax bill came out for County residents. He would like the public and State elected officials to come to city budget meetings to learn how city budgets are actually handled, explaining the percentages of where taxes actually go. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:52 p.m. Page 5 of 6  Kalispell City Council Agenda, April 1, 2024 _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on, 2024 UPCOMING SCHEDULE Next Work Session – April 8, 2024, at 7:00 p.m. – Council Chambers Next Regular Meeting – April 15, 2024, at 7:00 p.m. – Council Chambers PARTICIPATION Watch City 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. Watch City Council sessions live or later on Charter Cable Ch. 190 or via the City YouTube page at: https://www.youtube.com/@cityofkalispellmontana9632/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. Page 6 of 6  MEMORANDUM To: Doug Russell, City Manager Cc: Susie Turner, PE – Public Works Director From: Patrick Jentz, PE Engineer 3 Re: Sidewalk and Curbing for the Year Ending December 31, 2024 Meeting Date: April 15th, 2024 BACKGROUND: Annually the city solicits for contractor support for sidewalk and curbing reconstruction. Project support includes furnishing materials, labor, and equipment required to remove and replace concrete pavement and curbing. Sidewalk and curbing restoration projects are located throughout the incorporated limits of the City of Kalispell and work is completed on an as needed basis with the issuance of work orders. BIDDING RESULTS: Bids were received and opened on April 4th, 2024, at 3:15 pm. The singular responsive bid that was received is summarized below. Sandon Construction Item Item Description Unit Quantity Unit Price 1 Project Mobilization LS 1 $11,000.00 2.A 4" Concrete Pavement SF 100 SF or Less $14.75 2.B 4" Concrete Pavement SF 101 SF to 240 SF $10.25 2.C 4" Concrete Pavement SF 241 SF or More $9.80 3 6" Concrete Pavement SF Any Quantity $14.50 4 8" Concrete Pavement or Valley Gutter SF Any Quantity $23.50 5.A Concrete Curb & Gutter LF 50 LF or Less $32.00 5.B Concrete Curb & Gutter LF 51 LF or More $29.00 6.A Concrete Standup Curb LF 50 LF or Less $30.00 6.B Concrete Standup Curb LF 51 LF or More $28.00 7 Concrete Valve Collar EA Any Quantity $575.00 8 Concrete Manhole Collar EA Any Quantity $750.00 9.A Concrete Removal, 4 Inches and Less SF Any Quantity $3.00 9.B Concrete Removal, More Than 4 Inches SF Any Quantity $3.75 10 Concrete Curb Removal LF Any Quantity $5.00 11 4" Irrigation Sidewalk Sleeve EA Any Quantity $75.00 12 Landscape - Reseed SF Any Quantity $4.00 13 Truncated Dome Panel EA Any Quantity $375.00 14 3/4" Crush Gravel CY Any Quantity $110.00 15 Irrigation Reset SF Any Quantity $15.00 16 Asphalt Removal SY Any Quantity $40.50 17 Inlet Apron EA Any Quantity $700.00 18 Laborer HR Any Quantity $95.00 Sandon Construction was the only bidder and is considered a responsible bidder that met the requirements to complete the projects as bid. Public Works recommends awarding the bids to Sandon Construction. 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com ACTION REQUESTED: Motion to award the Sidewalk and Curbing for the Year Ending December 31, 2024, contract to Sandon Construction. FISCAL EFFECTS: The projects, depending on their scope, will be funded by several funds within FY 24 & FY 25 budget allocations that are necessary to perform sidewalk, ADA, curb and gutter, and other related concrete work. Funds include Gas Tax - Sidewalk and Curb Construction, Water Fund – Contract Services, Storm Fund – Curb and Gutter and Stormwater Corrections, Street Fund – Pavement Repairs and Special Warranty Fund. ALTERNATIVES: As suggested and approved by the City Council. ATTACHMENTS: Sidewalk and Curbing for the Year Ending December 31, 2024, Certified Bid Form  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Development Services Director SUBJECT: Gateway Sign Final Design, Fabrication, and Installation Proposal Recommendation MEETING DATE: April 15, 2024 BACKGROUND: The Core Area Plan and the Westside/Core Area Urban Renewal Plan identified the need for “Welcome to Kalispell” signage on the bridge on the eastern area of the Parkline Trail. The Urban Renewal Agency recommended this project for Council approval at its September 20, 2023, meeting. Subsequently, City Council approved the project to be funded by the Westside/Core Area Tax Increment Finance (TIF) District. The city advertised a request for proposals (RFP) to solicit professional design, fabrication, engineering, and installation of the sign. One firm responded to the request for qualifications and a four-member committee reviewed the proposal. The committee recommends Highline Design with partners Workaday Architecture and Eclipse Engineering Kittelson & Associates to provide professional design, fabrication, engineering and installation of a Welcome to Kalispell Sign. RECOMMENDATION: It is recommended that the Council select Highline Design and allow staff to develop an agreement for services to implement the project. FISCAL EFFECTS: Up to $172,000.00 from the Westside/Core Area TIF will be utilized to complete professional design, fabrication, engineering, and installation of the sign. ALTERNATIVES: Deny the request. ATTACHMENTS: Highline Design Proposal c: Aimee Brunckhorst, Kalispell City Clerk  Development Services 201 1st Avenue East- Kalispell, Montana 5991 Phone (406) 758-7940 Report To: Doug Russell, City Manager From: Jarod Nygren, Development Services Director Subject: Charles Hotel and Parking Garage/Multi-family Extension Meeting Date: April 15, 2024 BACKGROUND: On March 25, 2024, Council held a work session regarding an extension request from the developer for the Eagles Lot mixed-use project and 3rd and Main Lot. At the work session Council indicated a desire to extend the agreements five years provided the developer is willing to pay the market value of the 3rd and Main Lot. Accordingly, in consideration of the extension request the attached agreement addendums would extend the executed agreements with stipulations that the developer pay quarterly payments to the City in the amount of $13,500.00 until such time as the purchaser comments construction of the minimum improvements. RECOMMENDATION: It is recommended that the Council move to approve and authorize the City Manager to execute agreement addendums for the Eagles Lot mixed-use project and 3rd and Main Lot.  MEMORANDUM To: Doug Russell, City Manager From: Keith Haskins, P.E., Deputy Director Public Works Re: Ordinance 1919 Amending Municipal code Chapter 24 – Streets and Sidewalks – Articles 1 and 2 Meeting Date: 4/15/2024 BACKGROUND: At the Council Work Session on March 25, 2024, Public Works staff provided an overview pertaining to public sidewalks, including discussion on Articles 1 and 2 of Chapter 24 of the Municipal Code. The presentation to the City Council covered sections within the Municipal Code which require text updates due to changes in practices, state statutes, and procedures. In addition to highlighting the Municipal Code that should be changed, staff also provided proposed amendments for discussion with Council. As a result of those discussions, Council indicated staff should bring proposed changes to a regular meeting for Council review and adoption. RECOMMENDATION: Staff recommends Council approve the proposed changes to Chapter 24 of the Municipal Code as provided in Ordinance 1919. REQUESTED ACTION: Motion and vote to approve Ordinance 1919 - amending Chapter 24 Streets and Sidewalks. ALTERNATIVES: As suggested by Council. ATTACHMENTS: 1. Ordinance 1919 - Amending Articles 1 and 2 of Chapter 24 Streets and Sidewalks with staff revisions incorporated 2. Municipal Codes (24-1; 24-6; 24-17; 24-19; 24-20; 24-21; 24-25; 24-26; 24-28; 24-33; and 24-34) with staff revisions and comments 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com  ORDINANCE NO. 1919 AN ORDINANCE AMENDING CHAPTER 24, STREETS AND SIDEWALKS, ARTICLES 1 AND 2, OF THE KALISPELL MUNICIPAL CODES, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code Chapter 24, entitled Streets and Sidewalks, the City of Kalispell regulates the use of the Streets and Sidewalks for the purpose of providing for the safe and orderly use of such facilities in the City of Kalispell; and WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate Streets and Sidewalks be reassessed and updated from time to time to ensure that the interests of the public are being properly served; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 24, Articles 1 and 2, as set forth in Exhibit “A”, attached hereto, are necessary and proper to align with State, Federal, and local law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. 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 6TH DAY OF MAY, 2024. ____________________________________ Mark Johnson Mayor ATTEST: _______________________________ Aimee Brunckhorst, CMC City Clerk  EXHIBIT “A” § 24-1 Penalty Any violation of this chapter, except as otherwise provided herein, shall be enforced as provided in Section 1-12 of this Code. § 24-6 Obstructions within City Right-of-Ways, Exceptions. A. Unlawful: No person shall place, or permit to remain, upon any street, alley, public ground or sidewalk within the City, any structure, fence, wood, lumber, sawdust, gravel, boxes, debris or any article or thing, which will obstruct or interfere with traffic and travel thereon, unless such obstruction be temporary and necessary in the transportation of goods. B. Permit; Application: Notwithstanding, the provisions of subsection A of this section, a person desiring to utilize any street, alley, public grounds or sidewalk within the City, may, prior to using said property, apply to the Public Works Department for a permit allowing the temporary use of said property. C. Review; Conditions for Issuance: The Public Works Department shall issue a permit if the following conditions are met: 1. The proposed use will not unreasonably obstruct public access and passage or otherwise constitute a health or safety hazard. 2. The City may impose reasonable conditions in the permit to assure adequate public access and unobstructed passage, the public health, safety and welfare. 3. No permit issued under this section shall extend beyond October 30th of the year in which it is issued, unless otherwise specified in the permit conditions. 4. Private use or occupancy of public places shall only be permitted during the period specified in the permit. 5. Retail merchandising or display shall not be permitted except in the Business Improvement District and only by issuance of Sidewalk Usage Permits via review and approval of the Public Works Department. 6. Each applicant for a permit, hereunder, as a condition precedent to the issuance of a permit, shall present to the Public Works Department a certificate of liability insurance executed by an insurance carrier authorized to do business in the State in an amount of not less than required by state statute. Such certificate shall verify the City’s status as an additional named insured and set forth the limits of the policy, the policy number, name of insurer, the effective and expiration dates of the policy, and an endorsement requiring at least 10 days’ written notice of cancellation to the City. 7. The Public Works Department shall issue or deny the permit within 10 business days after the submission of a complete application. D. Revocation of Permit: Any permit issued pursuant to this section shall be revocable upon a determination made by the Public Works Director that: 1. Misstatements or omissions of material fact have been submitted in the application process; 2. The permittee violates or permits the violation of any term, condition or restriction contained in the permit; 3. The use or activity permitted constitutes a public hazard or nuisance;  4. A violation of the ordinances of the City, or State or Federal law or regulation, is occasioned by the use or conduct associated with the permit; or 5. If the Public Works Director determines that an emergency exists and that discontinuance of the use or activity contemplated by the permit or other activity exempted from the permit requirement is necessary in order to protect or preserve the immediate health, safety or welfare, the use of the public property shall cease immediately upon provision of written notice to the permit holder or person using the public property. § 24-17 Duty to Keep Sidewalks Clean Generally; Snow, Ice, etc., Removal. Upon the commencement of a snow season, which shall be deemed to be between the dates of November 1st through March 31st, it shall be the duty of the occupant of any premises within the City limits, except within the City’s central business district, or in the case the same are unoccupied, then the owner or his or her agent, to keep the sidewalks in front of and adjoining his or her premises clean and safe for pedestrians. Such occupant, owner or agent shall, within 72 hours, remove snow, ice, slush, mud or other impediment to safe and convenient foot travel, and prevent the continuance and accumulation of the same. Within the City’s central business district the owners, agents, or occupants shall remove any accumulation of snow, ice, slush, mud, or other impediments to foot travel by 12:00 noon on the day that any amount accumulates. For purposes of this section, the central business district shall include all sidewalks on both sides of any street or avenue within the area bounded by 1st Avenue East (on the east), 1st Avenue West (on the west), Idaho (on the north) and 6th Street (on the south). E. (Ord. 1482A, 11-3-2003) § 24-19 Specifications, Methods and Control Generally. The construction, maintenance and repair of all streets, sidewalks, curbs, gutters and sidewalk crossings which are not otherwise covered by this chapter, and which are within public right-of- way, shall be constructed, maintained or repaired in strict accordance with the Standards for Design and Construction which shall have been prepared by the City Engineer and approved by the City Council. Such Standards for Design and Construction shall be made readily available to the public on the City website. (Ord. 878 § 1) § 24-20 Permit for Work Resulting in Obstruction to Public Travel; Liability for Damages. A. Permit Required: No work performed under the provisions of this article which shall create any obstruction to public travel shall be commenced until a permit therefor shall have been granted by the Department of Public Works and the owner of abutting property shall be liable for all damage which may arise by reason of carelessness in conducting any work upon the adjacent sidewalk, or by reason of lack of protection of the public from danger by proper guards or signals, either by night or day. B. Conformance Required; Exception: All repairs or new construction of sidewalks must be in conformity with currently adopted Standards for Design and Construction, The Americans with Disabilities Act (ADA) and the Public Rights-of-Way Access Guidelines (PROWAG).. C. Grade and Line Markings: Grades and lines necessary for the proper execution of sidewalk installation, repairs or replacement shall comply with referenced Standards in part (B). Prior  to placement of concrete, alignment and grade shall be verified by the Department of Public Works or by a Montana Licensed Professional Engineer who will certify such compliance. (R.O. 1947 § 203) § 24-21 City Council to Order Construction; Contents of Order Generally. Whenever in the judgment of the City Council a sidewalk or curb shall be constructed in front of any lot or parcel of land within the City it shall, by majority vote, order the construction of the same. The order shall be entered upon the minutes of the Council and shall name the street or avenue along which such sidewalk or curb is to be constructed. (R.O. 1947 § 182) § 24-25 City Council to Order Construction; Inspections; Unsatisfactory Work or Material. A. Supervision; Inspection: All work constructed under this article or rules or regulations authorized hereunder shall be subject to rigid supervision by Public Works or by private contract with a Professional Engineer who will certify compliance with Standards indicated in Section 24-20, Subsection B. B. Condemned Material: Material that has been delivered in connection with the provisions of this article and condemned as not complying with this article shall be removed and replaced by the contractor in accordance with this article. (R.O. 1947 § 175; amd. Ord. 846 § 1) § 24-26 City Council to Order Construction; Assessment of Costs Generally; Time Allowed for Payments; Payment by Property Owner. A. Assessment: The cost and expense of the construction of any sidewalk or curb caused to be constructed by the City Council under the provisions of this article shall be assessed against the lot or parcel of land in front of which such sidewalk or curb is constructed. Such costs and expenses shall include a reasonable sum to cover the City’s costs and charges of administration hereof; such sum shall be set at 5% of the construction cost. B. Term of Payments: The payment of assessments to defray the cost of construction of sidewalks or curbs constructed under the provisions of this article shall be spread over a term of eight years. Such payments shall be made in equal biannual installments and payments of interest shall be made on January 1st and July 1st of each year until paid in full. C. Collection; Interest: The City Treasurer shall collect the special assessment or tax levied by the City Council under the provisions of this article with interest as herein provided, such interest to run from the date of the registry of the warrant, and the City Treasurer shall at any time permit the owner of any property assessed for sidewalk or curb under the provisions of this article, to pay the cost and expenses of construction with interest to the date of payment. Interest shall be set at the prime rate plus 0.5%. (R.O. 1947 §§ 188, 193, 194; amd. Ord. 846 § 2) § 24-28 City Council to Order Construction; Payment by Special Warrant; Form of Warrant. Warrant; Form: Payments for the construction of sidewalks or curbs constructed under the provisions of this article shall be made by special warrants drawn against the special sidewalk and curb fund, which warrants shall bear interest at a rate as provided by the Council, but at no  greater rate than is allowed by the laws of the State, payable annually and the Council, when it passes and adopts a resolution levying the assessment and tax under the provisions of this article, shall provide therein for the payment of the interest. Such warrants shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MONTANA No. _____$_____ THE CITY OF KALISPELL SPECIAL SIDEWALK AND CURB FUND WARRANT NO. _____$ _____ KALISPELL, MONTANA _____20_____ THE CITY OF KALISPELL WILL PAY TO _____ or bearer, out of any money in the treasury belonging to the Special Sidewalk and Curb Fund, the sum of _____Dollars, ($ _____) on account of sidewalk or curbs, or both, constructed in the city. This warrant is issued under the authority of the state statutes and under the ordinance of the City. The principal and interest of this warrant are payable at the office of the City Treasurer. This warrant bears interest at a rate of _____ percent (_____%) per annum from the date of its registration as expressed hereon, until the date called for redemption by the City Treasurer. The interest on this warrant is payable on the first day of January and the first day of July every year until the payment of this warrant is paid in full. This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the city at any time there is money to the credit of the Special Sidewalk and Curb Fund and in the manner provided for the redemption of the same. It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant have been properly done, happened and performed in the manner prescribed by the laws of the state and the resolutions and ordinances of the city, relating to the issuance thereof. THE CITY OF KALISPELL By______________________ Attest:___________________ Registered in the office of the City Treasurer of the City of Kalispell, Montana, _____day of_____20 _____. _______________________ CITY TREASURER (R.O. 1947 §§ 191, 192; amd. Ord. 846 § 3; Ord. 1161) § 24-33 Repair of Sidewalks by City. All repairs to sidewalks referred to in this article made by the City shall be paid out of City Funds. Property owners shall pay the actual construction cost plus an additional 5% to cover the cost of administration at the time of construction completion, which payment shall be placed in the original funds used. Alternatively, property owners may choose to be assessed over 8 years, and the Finance Director shall keep a separate account of the cost of such repairs and charge the abutting property therewith the amount of the cost of repairs for which each separate parcel is chargeable, to which cost he or she shall add interest at the same rate as set by the Council to be paid on construction warrants as provided herein, from the date of the incurring of such charge by the City, and 5% additional to cover cost and charges of administration. Such items shall constitute a tax against the property affected thereby, and such tax shall be collected or the property sold for delinquency as in the case of special improvement assessments. All taxes collected under the provisions of this article shall be placed in the Special Curb and Sidewalk Fund of the City. (R.O. 1947 § 198; amd. Ord. 846 § 4) § 24-34 Repair of Unsafe Sidewalks Whenever any sidewalk is not in conformance with standards referenced in Section 24-20 (B), Public Works shall notify the owner of the adjacent property that the sidewalk must be repaired or replaced, or if the adjacent property be unoccupied and the owner cannot be found within the City, then Public Works shall post a notice on such property, requiring the sidewalk to be repaired or replaced. Repair or replacement shall be in accordance with the Standards for Design and Construction and all work shall be permitted as defined in City code. If the sidewalk is not properly repaired or replaced by the property owner within 90 calendar days of the giving of the notice as herein provided, then Public Works may cause such sidewalk to be repaired by the City. The 90 calendar days for property owner completion shall only apply between May 1st and October 31st of each year and such completion date as herein determined, shall be provided on said notice. The property owner shall pay for the cost of construction as defined in Section 24-34 Repair of Unsafe Sidewalks. (R.O. 1947 §§ 197, 202, 204; amd. Ord. 1161 § I) § 24-1 Penalty Formatted: Underline Any violation of this chapter, except as otherwise provided herein, shall be enforced as provided in Section 1-12 of this Code. Formatted: Font: Not Bold § 24-6 Obstructions on Streets and Sidewalkswithin City Right-of-Ways, Exceptions. A. Unlawful: No person shall place, or permit to remain, upon any street, alley, public ground or sidewalk within the City, any structure, fence, wood, lumber, sawdust, gravel, boxes, debris or any article or thing, which will obstruct or interfere with traffic and travel thereon, unless such obstruction be temporary and necessary in the transportation of goods, or done in conformity with existing building regulations.. B. Permit; Application: Notwithstanding, the provisions of subsection A of this section, a person desiring to utilize any street, alley, public grounds or sidewalk within the City, may, prior to using said property, apply to the Public Works Department for a permit allowing the temporary use of said property. C. Review; Conditions for Issuance: The Public Works Department shall refer any application for the issuance of a permit hereunder for review to the City Manager, Police Department and Building Department to determine whether or not the permit meets the requirements of this section. The Public Works Department shall issue a permit if the following conditions are met: 1. The proposed use will not unreasonably obstruct public access and passage or otherwise constitute a health or safety hazard. 2. The City may impose reasonable conditions in the permit to assure adequate public access and unobstructed passage, the public health, safety and welfare. 3. Except for permits for temporary construction obstruction, public Formatted: Not Highlight furnishings and fences, nNo permit issued under this section shall extend beyond October 30th of the year in which it is issued., unless otherwise specified in the permit conditions. 4. Private use or occupancy of public places shall only be permitted during the period specified in the permit. 5. Retail merchandising or display shall not be permitted except in the Business Improvement District and only by issuance of by special  permission to be granted by the City CouncilSidewalk UseageUsage Permits via review and approval of the Public Works Department. 6. Each applicant for a permit, hereunder, as a condition precedent to the issuance of a permit, shall present to the Public Works Department a certificate of liability insurance executed by an insurance carrier authorized to do business in the State in an amount of not less than $100,000required by state statute. Such certificate shall verify the City’s status as an additional named insured and set forth the limits of the policy, the policy number, name of insurer, the effective and expiration dates of the policy, and an endorsement requiring at least 10 days’ written notice of cancellation to the City. 7. The Public Works Department shall issue or deny the permit within 10 business days after the submission of a complete application. D. Revocation of Permit: Any permit issued pursuant to this section shall be revocable upon a determination made by the City ManagerCity EngineerPublic Works Director that: 1. Misstatements or omissions of material fact have been submitted in the application process; 2. The permittee violates or permits the violation of any term, condition or restriction contained in the permit; 3. The use or activity permitted constitutes a public hazard or nuisance; 4. A violation of the ordinances of the City, or State or Federal law or regulation, is occasioned by the use or conduct associated with the permit; or 5. If the City Manager Engineer Public Works Director determines that an emergency exists and that discontinuance of the use or activity contemplated by the permit or other activity exempted from the permit requirement is necessary in order to protect or preserve the immediate health, safety or welfare, the use of the public property shall cease immediately upon provision of written notice to the permit holder or person using the public property. § 24-17Duty to Keep Sidewalks Clean Generally; Snow, Ice, etc., Removal. Upon the commencement of a snow season, which shall be deemed to be between the dates of November 1st through March 31st, it shall be the duty of the occupant of any premises within the City limits, except within the City’s central business district, or in the case the same are unoccupied, then the owner or his or her agent, to keep the sidewalks in front of and adjoining his or her premises clean and safe for pedestrians. Such occupant, owner or agent shall, within 72 hours, remove snow, ice, slush, mud or other impediment to safe and convenient foot travel, and prevent the continuance and accumulation of the same. Within the City’s central business district the owners, agents, or occupants shall remove any accumulation of snow, ice, slush, mud, or other impediments to foot travel by 12:00 noon on the day that any amount accumulates. For purposes of this section, the central business district shall include all sidewalks on both sides of any street or avenue within the area bounded by 1st Avenue East (on the east), 1st Avenue West (on the west), Idaho (on the north) and 6th Street (on the south). Except as otherwise provided herein, any person violating any of the provisions of this article shall, upon conviction thereof, be punished as provided in Section 1-9 of this Code. E. (Ord. 1482A, 11-3-2003) § 24-19 Specifications, Methods and Control Generally. The construction, maintenance and repair of all streets, sidewalks, curbs, gutters and sidewalk crossings which are not otherwise covered by this chapter, and which abut or adjoin any public street, avenue or alley of the Cityare within public right-of-way, shall be constructed, maintained or repaired in strict accordance with the rules and regulations governing such construction, maintenance and repairStandards for Design and Construction which shall have been prepared by the City Engineer and approved by the City Council. Such rules and regulations shall be kept on file in the office of the City Engineer and same shall be available for public reference and inspection at any time during regular office hoursStandards for Design and Construction shall be made readily available to the public on the City website. (Ord. 878 § 1) § 24-20 Permit for Work Resulting in Obstruction to Public Travel; Liability for Damages. A. Permit Required: No work performed under the provisions of this article which shall create any obstruction to public travel shall be commenced until a permit therefor shall have been granted by the City EngineerDepartment of Public Works and the owner of abutting property shall be liable for all damage which may arise by reason of carelessness in conducting any work upon the adjacent sidewalk, or by reason of lack of protection of the public from danger by proper guards or signals, either by night or day. B. Conformance Required; Exception: All repairs or new construction or renewals of sidewalks must be in conformity with the original plan of construction and to the established grade, excepting that where good and sufficient reason therefor is shown, if deemed expedient for the public interest, a different method of construction or a temporary grade may be authorized by special permit from the Committee on Streets and Alleys; provided, that such permit shall specify that when ordered by the City Council, such walk shall be placed at the established grade, and conformity with the original plan of constructionof sidewalks must be in conformity with currently adopted Standards for Design and Construction, The Americans with Disabilities Act (ADA) and the Public Rights-of-Way Access Guidelines (PROWAG).. C. Grade and Line Markings: Grades and lines necessary for the proper execution of sidewalk installation, repairs or renewal as herein provided shall be marked upon the ground by the City Engineer or his or her assistant, or by an engineer employed for that purpose, upon application therefor to the Committee on Streets and Alleys.replacement shall comply with referenced Standards in part (B). Prior to placement of concrete, alignment and grade shall be verified by the Department of Public Works or by a Montana Licensed Professional Engineer who will certify such compliance. (R.O. 1947 § 203) § 24-21 City Council to Order Construction; Contents of Order Generally. Whenever in the judgment of the City Council a sidewalk or curb shall be constructed in front of any lot or parcel of land within the City it shall, by majority vote, order the construction of the same. The order shall be entered upon the minutes of the Council, and shall name the street or avenue along which such sidewalk or curb is to be constructed and shall specify the general character of material of which such sidewalk or curb shall be constructed. (R.O. 1947 § 182) § 24-25 City Council to Order Construction; Inspections; Unsatisfactory Work or Material. A. Supervision; Inspection: All work constructed under this article or rules or regulations authorized hereunder shall be subject to rigid supervision by the City Council, or its authorized representative, and before the rendering of any estimate for the payment of such work, all walks and crossings shall be carefully inspected and sounded by the City Engineer for defects and any hollow or otherwise defective blocks or work shall be cut up and replaced by the contractor at his or her own costby Public Works or by private contract with a Professional Engineer who will certify compliance with Standards indicated in Section 24-20, Subsection B. B. Condemned Material: Material that has been delivered in connection with the provisions of this article and condemned as not complying with this article shall be removed therefrom within 48 hours after having been condemned. Defective work or material may be condemned at any time, either before or within three years from the date of acceptance of work by the City Council. When such work has been condemned, it shall, within 10 days of time of condemnation by the City Council, be removed and replaced by the contractor in accordance with this article or the rules or regulations authorized hereunder. (R.O. 1947 § 175; amd. Ord. 846 § 1) § 24-26 City Council to Order Construction; Assessment of Costs Generally; Time Allowed for Payments; Payment by Property Owner. A. Assessment: The cost and expense of the construction of any sidewalk or curb caused to be constructed by the City Council under the provisions of this article shall be assessed against the lot or parcel of land in front of which such sidewalk or curb is constructed. Such costs and expenses shall include a reasonable sum to cover the City’s costs and charges of administration hereof; such sum shall be set by the City Council annually on either a square foot, lineal foot or percentage basis and same shall be included in the notice provided for by Section 24-22 of this articleat 5% of the construction cost. B. Term of Payments: The payment of assessments to defray the cost of construction of sidewalks or curbs constructed under the provisions of this article shall be spread over a term of no more than eight years unless the Council shall order a shorter period, but full payment may not be required for a term of less than five years. Such payments shall be made in equal biannual installments and payments of interest shall be made on January 1st and July 1st of each year until paid in full. Formatted: Superscript C. Collection; Interest: The City Treasurer shall collect the special assessment or tax levied by the City Council under the provisions of this article with interest as herein provided, such interest to run from the date of the registry of the warrant, and the City Treasurer shall at any time permit the owner of any property assessed for sidewalk or curb under the provisions of this article, to pay the cost and expenses of construction with interest to the date of payment. Interest shall be set at the prime rate plus 0.5%. (R.O. 1947 §§ 188, 193, 194; amd. Ord. 846 § 2) § 24-28 City Council to Order Construction; Payment by Special Warrant; Form of Warrant and Coupons. A. Warrant; Form: Payments for the construction of sidewalks or curbs Formatted: Indent: Left: 0.25", No bullets or numbering constructed under the provisions of this article shall be made by special warrants drawn against the special sidewalk and curb fund, which warrants shall bear interest at a rate as provided by the Council, but at no greater rate than is allowed by the laws of the State, payable annually and the Council, when it passes and adopts a resolution levying the assessment and tax under the provisions of this article, shall provide therein for the payment of the interest. Such warrants shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MONTANA No. _____$_____ THE CITY OF KALISPELL SPECIAL SIDEWALK AND CURB FUND WARRANT WARRANT NO. _____$ _____ KALISPELL, MONTANA _____20_____ THE CITY OF KALISPELL WILL PAY TO _____ or bearer, out of any money in the Treasury treasury belonging to the Special Sidewalk and Curb Fund, the sum of _____dollarsDollars, ($ _____) on account of sidewalk or curbs, or both, constructed in the cCity. This warrant is issued under the authority of the sState statutes and under the ordinance of the City. The principal and interest of this warrant are payable at the office of the City Treasurer. This warrant bears interest at a rate of _____ percent (_____%) per annum from the date of its registration as expressed hereon, until the date called for redemption by the City Treasurer. The interest on this warrant is payable on the first day of January and the first day of July in every year until the payment of this warrant as expressed by the interest coupons hereto attachedis paid in full. This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the City city at any time there is money to the credit of the Special Sidewalk and Curb Fund and in the manner provided for the redemption of the same. It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant have been properly done, happened and performed in the manner prescribed by the laws of the State state and the resolutions and ordinances of the Citycity, relating to the issuance thereof, and the interest coupons hereto attached are signed by the Manager and City Clerk. THE CITY OF KALISPELL By__________ ATTESTAttest:__________ Registered in the office of the City Treasurer of the City of Kalispell, Montana, _____day of_____20 _____. __________ CITY TREASURER B. Coupons; Form: The coupons attached to the warrants, provided for in this section, shall be in substantially the following form: COUPON NO. _____ Kalispell, Montana On January 1, 20 _____, the City Treasurer of Kalispell, Montana, will at his or her office in the City of Kalispell, pay to _____ or bearer, the sum of _____dollars, being the interest on the date of payment on its Special Sidewalk and Curb Fund warrant. CITY OF KALISPELL By ________________ Attest: ________________ Manager City Clerk (R.O. 1947 §§ 191, 192; amd. Ord. 846 § 3; Ord. 1161) § 24-33 Repair of Sidewalks by City. All repairs to sidewalks referred to in this article made by the City shall be paid out of the general fundStreet Funds and Gas Taxapplicable City Funds. Property owners shall pay the actual construction cost plus an additional 5% to cover the cost of administration at the time of construction completion, which payment shall be placed in the original funds used. Alternatively, property owners may choose to be assessed over 8 years, and the City Clerk Finance Director shall keep a separate account of the cost of such repairs and charge the abutting property therewith, and shall certify to the City Treasurer a list of all property chargeable with repairs of sidewalks, with the amount of the cost of repairs for which each separate parcel is chargeable, to which cost he or she shall add interest at the same rate as set by the Council to be paid on construction warrants as provided herein, from the date of the incurring of such charge by the City, and 510% additional to cover cost and charges of administration. Such items shall constitute a tax against the property affected thereby, and such tax shall be collected or the property sold for delinquency as in the case of special improvement assessments. All taxes collected under the provisions of this article shall be placed in the general fundSpecial Curb and Sidewalk Fund of the City. (R.O. 1947 § 198; amd. Ord. 846 § 4) § 24-34 Repair of Unsafe Sidewalks or Crossings. A. Notification to Owner: Whenever any sidewalk or sidewalk crossing is in Formatted: Indent: Left: 0.25", No bullets or numbering unsafe condition for pedestriansnot in conformance with standards referenced in Section 24-20 (B), it shall be the duty of the City Engineer to place a suitable obstruction on either side of that part of the sidewalk which is in unsafe condition, andPublic Works shall notify the owner or occupant of the abutting adjacent property that such athe sidewalk must be repaired or replaced, or if the adjacentabutting property be unoccupied and the owner cannot be found within the City, then the City EngineerPublic Works shall  post a notice on such property, requiring such the sidewalk to be repaired or replaced. Repair or replacement shall be in accordance with the Standards for Design and Construction and all work shall be appropriatelypermitted as defined in City code. If such the sidewalk is not properly repaired or replaced by the property owner within 24 hours90 calendar days of the giving of the notice as herein provided, then the City Engineer shall report the facts to the City Manager, and the City CouncilPublic Works may cause such sidewalk to be repaired by the City. The 90 calendar days for property owner completion shall only apply between May 1st and October 31st of each year Formatted: Superscript and such completion date as herein determined, shall be provided on said Formatted: Superscript notice. The property owner shall be pay for the cost of construction as defined in Section 24-34 Repair of Unsafe Sidewalks. B. Interference With Obstruction: Any person who takes down or removes, or in any manner interferes with any obstruction placed on any sidewalk, as provided for in this section, shall be punished as provided in Section 1-9 of this Code. C. Repair by City: Any owner, agent, lessee or tenant of property adjacent to any sidewalk which is unfit or unsafe for public travel may have the same repaired, renewed or cleaned up by the Street Department upon application to the City Engineer, and making a cash deposit, with the City Engineer. D. Statement: Upon completion of the work, an itemized statement shall be furnished, showing the full cost of all labor and materials used in such work, and if the deposit be made in excess of such cost, then the excess shall be refunded; if the amount deposited be insufficient to pay such cost, then the deficit shall be paid forthwith by the owner, lessee or tenant of abutting property. (R.O. 1947 §§ 197, 202, 204; amd. Ord. 1161 § I)  Clerk’s Office 201 1st Avenue East, PO Box 1997 Kalispell, MT 59903 Phone: (406) 758-7756 cityclerk@kalispell.com www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager MEETING DATE: April 15, 2024 RE: Annual Board and Committee Appointments BACKGROUND: Staggered terms on the various City of Kalispell citizen advisory boards and committees will expire April 30, 2024. Several boards also have ongoing vacancies. Notice of board openings was provided through the city website, social media, and press media outlets. All applicants, whether reapplying or new, were asked to fill out an online, fillable application form. The Mayor, with the consent and advice of the Council, shall make board appointments. Please see the following board list, with hyperlinks to each board’s webpage. Please refer to the webpage for descriptions regarding the purpose, membership requirements and term lengths of the individual boards, and their current board members. Membership requirements have been verified for all applicants. Staff will continue to recruit and accept applications throughout the year for all boards and committees who have ongoing vacancies or positions that are not appointed by the Mayor at this time. Architectural Review Committee – 2 city terms expiring, four-year term: Mark Pirrie - reapplying Conrad Mansion Board - 1 city term expiring, four-year term: Everit Sliter – reapplying Downtown Business Improvement District – 2 terms expiring, four-year term: George Giavasis - reapplying Economic Revolving Loan Fund Committee – 3 terms expiring, three-year term: None Impact Fee Committee – 1 term expiring, three vacancies, three-year terms: Arthur Fretheim – new applicant Parking Advisory Board – 3 terms expiring, one vacancy, four-year term: Mark Pirrie – reapplying Joel Schoknecht – reapplying George Giavasis - reapplying Planning Commission – 3 city terms expiring, two-year terms: Pip Burke – reapplying Joshua Borgardt – reapplying Shelby Odell – new applicant Police Commission - 1 term expiring, three-year term: Angela Mielke – reapplying Montana Danford-Komenda – new applicant Technical Advisory Committee – 1 expiring, two-year term: None Tourism Business Improvement District – 1 term expiring for a medium property, 1 vacancy for a small property, four-year term: Bryce Baker (medium) - reapplying Haley Wilson (small) – new applicant Urban Forestry Committee - 3 expiring, two-year terms: Bette Albright - reapplying April Vomfell – reapplying Emma Merdovic – new applicant Arthur Fretheim – new applicant Urban Renewal Agency Board – 2 terms expiring, four-year terms: Cara Ryan Lemire – reapplying Mike Brodie – new applicant RECOMMENDATION: Mayor Johnson offers recommendations for appointments to all of the boards listed above, followed by a member of the council making one motion to accept the recommendations and confirm the appointments. ALTERNATIVES: Mayor Johnson offers recommendations for each board separately, followed by individual council motions to accept the recommendation and confirm the appointments. If the Mayor’s recommendation is rejected by the majority of council, “the Mayor shall entertain a motion from any other council member recommending another applicant for the position…” (Ordinance 1733). ATTACHMENTS: Advisory Board Applications Conrad Mansion Board Planning Commission Planning Commission TBID Urban Forestry