City Council Agenda

CITY COUNCIL MEETING AGENDA TUESDAY, February 18, 2025, 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 on the consent agenda will be voted on with one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – February 3, and February 10, 2025 2. Wastewater Treatment Plant Biosolids Professional Service Agreement Amendment with Advanced Engineering and Environmental Services This item considers allowing the City Manager to sign this agreement to support upgrading the biosolids dewatering equipment. 3. Ordinance 1933 – Second Reading – Immanuel Living Skybridge Zoning Text Amendment This ordinance considers amending Zoning Ordinance 1677 to allow a pedestrian skybridge in B, H, or P zones to encroach into the setback area. 4. Confirmation of Police Officers Matthew Praetzel and Connor McKinnon This item considers confirming these Officers as they have completed their one-year probationary employment period. 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 for the protocol for providing comment. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Amendments to the Glacier Gold Biosolids Management Agreement This item considers amending and extending the agreement for Glacier Gold to manage Kalispell City Council Agenda, February 18, 2025 solid waste treatment sludge. 2) Resolution 6240 –Emergency Purchase – Buffalo Hill Well Repair This resolution considers declaring an emergency to allow the City to bypass the formal bid process to acquire a contractor and equipment to expedite repairs at this well. 3) Appointment to the Tourism Business Improvement District This item considers the Mayoral appointment of Mitchell Bump. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT UPCOMING SCHEDULE City Offices Closed – February 17, 2025 – Presidents’ Day Next Work Session – February 24, 2025, at 7:00 p.m. – Council Chambers Next Regular Meeting – March 3, 2025, at 7:00 p.m. – Council Chambers PARTICIPATION Those addressing the council are asked to give their name and address for the record. See the last page of the agenda for how to address Council and limit comments to three minutes. Comments can also be emailed to publiccomment@kalispell.com. To provide public comment live, remotely, join the video conference through zoom at: https://us02web.zoom.us/webinar/register/WN_WMKsonFdRZCpWKrBkGF7gg. Raise your virtual hand to indicate you want to provide comment. Due to occasional technical difficulties, the most reliable way to participate is through in-person attendance. Electronic means are not guaranteed. Watch council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: https://www.youtube.com/@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, or cityclerk@kalispell.com. Page 2 of 3 Kalispell City Council Agenda, February 18, 2025 ADMINISTRATIVE CODE – 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 CIVIC DIALOGUE – Adopted by Resolution 5180 • 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 and guidelines established for each meeting. Page 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES February 3, 2025, 7:00 P.M. City Hall Council Chambers, 201 First Avenue East Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Development Services Director Jarod Nygren, Assistant Development Services Director P.J. Sorensen, Assistant Parks and Recreation Director Fred Bicha, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda as presented. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Member Carlson absent. Kalispell City Council Minutes, February 3, 2025 E. CONSENT AGENDA All items on the consent agenda will be voted on with one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – January 13, January 21, and January 27, 2025    2. Reimbursement for Upsizing of Lift Station and Force Main  This item considers disbursement of $282,691.36 in sewer impact fee funds to Meadows Edge LLC as City participation in the upsize of the regional lift station and force main located in the Meadows Edge, Phase 4 Development. 3. Approve Payment for City Hall Roof Replacement to Montana Roof Works  This item considers payment of $82,256.16 which includes accumulated change orders. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as provided. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Member Carlson absent. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, 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 COUNCIL ACTION 1) Ordinance 1932 – Second Reading – Municipal Code Revisions for Unsafe Structures and Penalty Application  Page 2 of 6 Kalispell City Council Minutes, February 3, 2025 This ordinance considers revisions to address the concern of security and safety of vacant buildings. City Manager Doug Russell provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:04:21 Motion to approve the second reading of Ordinance 1932, an ordinance to amend ordinance 1890, adopting new sections 10-12 and 10-13 of Kalispell Municipal Code Chapter 10 as enumerated and set forth on exhibit "A", as a portion of the fire prevention ordinance of the city of Kalispell, and applicable within the corporate boundaries of the city, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date. Council Member – Ryan Hunter: Motion Council Member – Jed Fisher: 2nd 00:05:10 Council Member Graham provided discussion in opposition of the motion. 00:06:57 Council Member Hunter provided discussion in favor of the motion. 00:07:56 Council Member Fisher provided discussion in favor of the motion. 00:08:39 Council Member Graham provided further discussion. 00:09:04 Council Member Daoud provided discussion in opposition of the motion. 00:10:57 Council Member Nunnally provided discussion in favor of the motion. 00:13:03 Council Member Gabriel provided discussion in favor of the motion. 00:14:15 Mayor Johnson provided discussion in opposition of the motion. 00:16:31 Council Member Graham provided further discussion. 00:17:56 Council Member Hunter provided further discussion. 00:19:46 Council Member Daoud provided further discussion. Vote on the motion. Council Member - Ryan Hunter: Motion Council Member - Jed Fisher: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Disapprove Page 3 of 6 Kalispell City Council Minutes, February 3, 2025 Council Member - Jed Fisher: Approve Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Approve Council Member - Ryan Hunter: Approve The motion passed on roll call vote 5 to 3 with Council Members Hunter, Fisher, Nunnally, Gabriel, and Dahlman in favor and Council Members Graham, Daoud, and Mayor Johnson opposed, and Council Member Carlson absent. 2) Ordinance 1933 – First Reading – Immanuel Living Skybridge Zoning Text Amendment  This ordinance considers amending Zoning Ordinance 1677 to allow a pedestrian skybridge in B, H, or P zones to encroach into the setback area. Assistant Development Services Director P.J. Sorensen provided the staff report. 00:26:20 Council Member Dahlman asked questions related to other locations that this might apply. 00:27:03 Council Member Hunter asked questions about other requirements and reviews. 00:27:49 Council Member Hunter asked questions related to zoning locations. Public Comment Mayor Johnson opened public comment. Seeing none, Mayor Johnson closed public comment. 00:29:55 Motion to approve the first reading of Ordinance 1933, an ordinance amending the Kalispell Zoning Ordinance 1677, to allow pedestrian skybridge connections over rights-of-way to encroach into setback areas in the City of Kalispell and declaring an effective date. Council Member – Sid Daoud: Motion Council Member – Sam Nunnally: 2nd 00:30:18 Council Member Hunter provided discussion in opposition to the motion. 00:36:27 Motion to amend the Ordinance to remove the business zone from the proposal and postpone that discussion until after a work session. Council Member – Ryan Hunter: Motion Council Member – Jessica Dahlman: 2nd 00:37:53 Council Member Dahlman provided discussion on the amendment to the motion. 00:38:12 Council Member Graham provided discussion on the amendment to the motion. Staff provided clarification on this matter. 00:40:32 Council Member Hunter asked for clarification regarding areas that do not have setbacks. He then provided further discussion. Page 4 of 6 Kalispell City Council Minutes, February 3, 2025 00:43:33 Council Member Fisher provided discussion on the motion. 00:44:13Vote on the amendment to the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Disapprove Council Member - Kari Gabriel: Disapprove Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Disapprove Council Chair - Chad Graham: Disapprove Council Member - Jed Fisher: Disapprove Council Member - Sid Daoud: Disapprove Council Member - Jessica Dahlman: Disapprove Council Member - Ryan Hunter: Disapprove The amendment to the motion failed unanimously on roll call vote with Council Member Carlson absent. 00:44:54 Council Member Graham provided discussion on the main motion. 00:45:53 Council Member Daoud provided discussion in favor of the main motion. 00:46:36 Council Member Hunter provided discussion. 00:47:57 Vote on the motion. Council Member - Sid Daoud: Motion Council Member - Sam Nunnally: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Absent 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 I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report: • Immanuel Lutheran has gone through the City in the past to secure construction bonding and may want to do that again for upcoming plans for apartments. A Resolution of Intent will likely come before Council in March. • The next work session will include a discussion on Trails and Sidewalks and the discussions had at the Subcommittee level with another item the Ashley Creek Useability Analysis. Page 5 of 6 Kalispell City Council Minutes, February 3, 2025 • Manager Russell will be testifying on Wednesday in the Senate Local Government Committee in opposition to State legislation that if passed would sunset levies, even those which have passed as a permanent levy. He then read current code related to levies and the ballot language from the emergency responder levy recently passed. A companion bill to be heard on the same day would change how levies get approved by saying that if a majority of the qualified electors are voting it passes. 00:55:47 Council Member Daoud informed the public that an email can be sent to the Mayor and Council to provide public comments. 00:56:31 Council Member Graham provided discussion in opposition to the state legislation 00:57:54 Council Member Nunnally spoke regarding the need for legislatures to serve locally. 00:58:19 Mayor Johnson spoke regarding his frustration with the state legislatures. He requested that people ask those running for office specific questions. J. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:00 p.m. ______________________________ Aimee Brunckhorst, City Clerk Minutes approved on UPCOMING SCHEDULE Next Work Session – February 10, 2025, at 7:00 p.m. – Council Chambers City Offices Closed – February 17, 2025 – Presidents’ Day Next Regular Meeting – TUESDAY, February 18, 2025, at 7:00 p.m. – Council Chambers PARTICIPATION Watch council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: https://www.youtube.com/@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, or cityclerk@kalispell.com. Page 6 of 6  CITY COUNCIL DRAFT WORK SESSION MINUTES February 10, 2025, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present via video conference Council Member - Sandy Carlson: Present via video conference Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Present via video conference Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Deputy Public Works Director Keith Haskins, Water Resource Manager Joe Schrader, Wastewater Treatment Plant Manager Aaron Losing, Development Services Director Jarod Nygren, and Parks and Recreation Director Chad Fincher. C. DISCUSSION 1. Ashley Creek Use Attainability Analysis (UAA)  Visual Presentation  City Manager Doug Russell began a brief overview of this item. 00:01:43 Public Works Director Susie Turner began a visual presentation. See second attachment above. Bold titles correspond to presentation page titles. Director Turner began by explaining the agenda for the evening’s discussion. She introduced Project Manager Rickey Schultz, with HDR Engineering who will be co-presenting. 00:03:16 Background Director Turner explained the background on this item which began in 2018. 00:05:47 Ashley Creek Site Specific Monitoring Manager Rickey Schultz with HDR Engineering explained that the UAA began with a sampling plan and quality plan which were submitted and approved by Department of Environmental Page 1 of 8  Kalispell City Council Minutes, February 10, 2025 Quality (DEQ) prior to work beginning. He then described how they gathered data and reviewed results with DEQ throughout the process. 00:07:39 Water Quality Sampling Sites Manager Schultz provided a map showing where samples were collected. 00:08:13 Sample Parameters Analyzed Manager Schultz explained the parameters they used to analyze the samples and where the samples were analyzed. 00:09:12 Water Monitoring and Parameters Manager Schultz provided images of equipment they utilized, and the information gathered with the equipment. 00:10:21 Geomorphology Study Manager Schultz explained that this type of study looks at physical features of Ashley Creek and was studied in year two. He then showed a profile graph and images and explained the results within the graph. 00:12:19 Lower Ashley Creek is NOT a Typical Western MT Wadeable Stream Manager Schultz spoke about the natural characteristics of the creek and how they change within the lower reaches. 00:13:55 What is a UAA? Manager Schultz explained that a Use Attainability Analysis is a specific Analysis that it is a structured scientific assessment of a water body’s ability to achieve water quality standards to update regulations and providing further context in this application. 00:15:14 Water Quality Standards Manager Schultz spoke to the many components of water quality standards. 00:15:56 Water Classifications Manager Schultz explained this classification system for waters of the state and how Lower Ashley Creek is classified. 00:16:52 Water Uses Manager Schultz explained each classification of use has criteria set to achieve each use and provided further context. 00:17:34 Update Regulations Manager Schultz explained what needs to be demonstrated to update regulations and what studies need to be collected per Environmental Protection Agency (EPA) regulations. 00:18:59 Rulemaking Manager Schultz explained the rulemaking process. Page 2 of 8  Kalispell City Council Minutes, February 10, 2025 00:19:40 UAA Report Manager Schultz explained where we are in this process and next steps. He spoke regarding the Draft UAA report including proposed revised Ashley Creek reach definition and proposed new water quality standards. The final draft was submitted to Montana DEQ. 00:21:02 Proposed Standards Manager Schultz spoke to the proposed standards language submitted. 00:21:55 UAA Report Manager Schultz explained we are awaiting review comments and approval from DEQ. 00:22:45 Status and Next Steps Manager Schultz explained what has been completed and what is upcoming. He spoke to the collaboration that has occurred with DEQ and spoke regarding further plans for public outreach and involvement. A follow-up meeting with the Environmental Protection Agency (EPA) will also be held and explained that the EPA is the final approval authority. 00:24:16 Ultimate Goals Director Turner explained in detail the goals of the UAA which include compliance with accurate water quality standards, appropriate discharge limits, regulatory certainty, and to improve future planning and development. She spoke to the transparent and collaborative nature of the study with DEQ and the extensive testing that was completed. Upcoming meetings will occur with DEQ and EPA as well as local stakeholders and the public. 00:29:25 Council Member Nunnally spoke to growing up along Ashley Creek and the changes that have occurred over the years. He asked whether plans are in place to meet with people who live along the creek. He spoke to concerns over seeing that people with trailers along the Creek may be dumping into the Creek. Director Turner spoke regarding plans for public open houses and public participation hearings through DEQ. Council Member Nunnally thanked everyone for their work on this analysis. 00:31:54 Council Member Graham asked hypothetically what the creek flow would be like if the treatment plant did not discharge into Ashley Creek and quality upstream compared to downstream of the plant. He asked what may occur if the Analysis was not approved. Director Turner provided responses and then explained that standards are currently not clear. 00:36:25 Council Member Hunter thanked staff and consultants for their work on this project. He then asked about the timing of the public process. 00:38:07 Council Member Hunter confirmed that in addition to public comment through the City, DEQ will have a public comment and hearing process. 00:39:00 Council Member Hunter asked questions about the temperature target and considerations for the future. Page 3 of 8  Kalispell City Council Minutes, February 10, 2025 00:40:54 Council Member Hunter asked about reclassification and how other users may be affected if the new standards are approved. Director Turner spoke regarding additional important aspects of the stream corridor. 00:43:39 Council Member Hunter provided discussion regarding the conclusions reached. 00:45:48 Manager Russell talked to other users who are not regulated. 00:46:56 Council Member Hunter provided discussion about the criteria needed by DEQ to set a different standard and provided discussion about conclusions reached. 00:48:45 Council Member Hunter spoke to further questions he has regarding the report. 00:49:18 Director Turner welcomed further questions, including written questions, and spoke regarding providing further written responses to the public. 00:50:18 Council Member Dahlman asked for further details regarding the water classification definition C-2. 00:51:43 Council Member Dahlman asked how the treatment plant may affect water classification. 00:52:08 Manager Schultz spoke regarding water quantity. 00:52:42 Director Turner spoke further about how classification works. 00:52:57 Council Member Dahlman asked about hypotheticals related to water quantity. Director Turner answered questions further. 00:55:57 Public Comment Mayor Johnson called for public comment. Seeing none, he closed public comment. 00:56:16 Council Member Daoud asked about further steps in the process. 00:57:08 Council Member Gabriel asked how all stakeholders can be looped into the process including those who may be discharging trailers into Ashley Creek. She then thanked staff and consultants for their work on this and following science. 2. Sidewalk and Trails Assessment District  00:59:02 City Manager Doug Russell began the staff presentation explaining previous work session discussions on this item and then discussions had recently with the Council Sub- Committee which consisted of Council Members Hunter, Fisher, and Graham. 00:59:38 Manager Russell presented an excel spreadsheet table that lists multiple assessment rates per square foot with sample division of funds generated and allocation percentages. The columns show the amount generated and standard rates for properties for each assessment Page 4 of 8  Kalispell City Council Minutes, February 10, 2025 column. For some of the categories for each assessment rate, projects taken out of the transportation plan were identified for pricing purposes. He further explained each category and what approximately could be accomplished per rate with the allocation percentages provided for example purposes. 01:03:27 Manager Russell spoke regarding discussions during the Sub-Committee meetings focusing on the 0.01 assessment. Manager Russell pulled up another spreadsheet further working with this assessment rate. The orange color coding on the table represents programs which would need to have a set amount each year. Manager Russell explained possible refined level of service options with costs, including the items highlighted in yellow related to bike lanes and routes. 01:06:10 Council Member Hunter explained his thoughts as a Sub-Committee member and his philosophy related to trails and sidewalks being an important component of infrastructure. He provided discussion on why he believes Council should take this item to the voters and what items he feels should be included and why. He spoke about the funding levels and why he believes that 0.01 would be appropriate. He talked regarding the different categories and his view regarding the lack of efficacy of striped sharrow bike lanes and routes and what he would support in relation to bike lanes and routes. 01:11:28 Council Member Graham provided discussion regarding his view that it is not good timing to ask the voters to pass an assessment district. He spoke regarding trails and sidewalks being provided by developers. He provided further discussion regarding his perspective during Sub-Committee meetings and previous Council discussions regarding rate increases. He spoke about his views on the bike lane/routes discussion and why he does not believe they should be included. He asked the Council not to take this item to a Council vote and explained why. 01:16:30 Council Member Hunter provided response to Graham’s discussion and further discussion about his views on bike lanes and routes and what he believes is or is not effective. 01:21:18 Council Member Nunnally said he would agree to the benefits of these items but provided discussion related to the importance of the recently passed emergency responder levy and the importance of a future jail levy request from the County and how this could negatively impact the possibility of such a request. 01:23:05 Council Member Daoud spoke to hearing frequent complaints about sidewalks. He then talked regarding the number of categories included, and how none would be fully funded. He believes the majority of people are mainly concerned with sidewalks and his concerns related to timing. 01:24:59 Council Member Carlson agreed with Council Member Nunnally and being supportive of a possible future detention center/jail levy before putting anything else on the citizens. 01:25:31 Council Member Dahlman spoke to hearing many sidewalk complaints. She is in support of multi-modal transportation means but would like to see this put out to the voters if it was a fully funded, one category item. 01:26:43 Council Member Fisher provided discussion regarding his concerns about going to the voters now, and his major concerns related to maintenance of trails. He spoke to wanting to see Page 5 of 8  Kalispell City Council Minutes, February 10, 2025 the 50/50 (sidewalk) program increased. He then asked about and provided discussion regarding concerns related to safety and current funding for trail maintenance and reconstruction. 01:30:10 Council Member Nunnally spoke in agreement with maintenance concerns and the possibility of shifting funds incrementally. He spoke regarding the current political atmosphere. He does not feel Council should look at adding anything until maintaining what is already there. 01:32:13 Council Member Fisher spoke regarding public comment received at a Sub-Committee meeting relaying a lack of funds for additional assessments and taxes. While he would like to see more funding available for these items, he cannot support taking this item to the voters. 01:33:06 Mayor Johnson spoke to the lack of funds saved by the average American and their financial struggles. He provided discussion related to prioritizing wants and needs and how that was applied to the recently passed emergency responder levy. He spoke regarding the current political climate at the State. He provided discussion about the needs related to education funds and other important priorities and needs such as further funding for further County jail facilities. He provided discussion on why he is struggling to take this to the taxpayers at this time. 01:40:15 Council Member Nunnally thanked Sub-Committee members for their time and effort to review this. 01:40:52 Council Member Fisher said he feels Parks and Recreation does the best they can with funds provided but emphasized his view that something needs to be investigated to properly fund trail maintenance. 01:41:16 Mayor Johnson spoke further regarding trail maintenance and reconstruction. 01:41:55 Council Member Hunter asked about follow up and whether there was support for scaling down to trail maintenance and sidewalks. 01:42:11 Council Member Graham spoke to looking for funds within the current budget. 01:42:30 Mayor Johnson spoke to having related discussions during the budgeting process. 01:43:31 City Manager Russell spoke to the budget and percentage of allocation of funds and unlevied mills. Mayor Johnson provided discussion related to the political climate at the State level and how that may affect the local budget. 01:45:58 Council continued further discussion. D. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, he closed public comment. See public comment provided at the end of the meeting. Page 6 of 8  Kalispell City Council Minutes, February 10, 2025 Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Doug Russell provided the following report: • Next Monday is Presidents’ Day, so Council will meet Tuesday. • The next council meeting will include an emergency resolution to make purchases that total more than $80,000 to repair the Buffalo Hill Well, which has experienced mechanical issues, and repairs will need to be expedited. 01:48:31 Council Member Nunnally announced that the Robo Scout Squad Team will be representing Montana at the World Championships in Helena. There is also a Lego Robotics Team out of West Valley that will also be competing in the World Championships. 01:49:34 Ron Gerson, Public Comment Gerson spoke to his experiences as a Valley Neighbors Board volunteer whose mandate is to provide security to the immigrant community here. He explained that the small immigrant population in the Valley is suffering from fear, insecurity and stress and is very worried about the current political climate. He spoke to appreciation of Police Chief Venezio’s quote in a recent newspaper article regarding racial profiling. He talked regarding immigrants fears regarding what could happen in schools or while driving to work and asked everyone to take the feelings of these productive members of our community into consideration. 01:53:44 F. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:53 p.m. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on 2025 UPCOMING SCHEDULE City Offices Closed – February 17, 2025 – Presidents’ Day Holiday Next Regular Meeting – TUESDAY, February 18, 2025, at 7:00 p.m. – Council Chambers Next Work Session – February 24, 2025, at 7:00 p.m. – Council Chambers PARTICIPATION Watch City Council meetings live with the agenda and documents or later with time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: https://www.youtube.com/@cityofkalispellmontana9632/streams. Page 7 of 8  Kalispell City Council Minutes, February 10, 2025 The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. Page 8 of 8 TO: Doug Russell, City Manager FROM: Susie Turner, P.E., Public Works Director SUBJECT: Agreement Amendment -Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment-Disposal Project MEETING DATE: February 18, 2025 BACKGROUND: In August 2024, the City entered into a professional services agreement with AE2S to evaluate alternatives for biosolid disposal, design the selected project, and provide construction management services. During the December 9, 2024, work session, staff recommended, and the council agreed, to proceed with upgrading the biosolids dewatering equipment. With the project now selected, an amendment to the professional services agreement is required. REQUIRED SERVICES: The consultants will generally be tasked to support the following as part of the amended agreement: 1. Funding Procurement - support and assist with funding procurement and provide administrative support for loan programs 2. Preliminary Engineering Report - complete 3. Equipment Pre-Procurement 4. Engineering Design - create engineering designs, drawings, specifications, DEQ submissions, and construction bid documents 5. CM/GC Procurement and/or Bid Services 6. Public/Landowner Outreach - participate in City Council workshops and public meetings 7. Construction Phase Services - oversee the construction bidding process 8. I&C/SCADA Integration and Startup 9. Post-Construction Phase Services ACTION REQUESTED: Motion to approve the updated agreement with Advanced Engineering and Environmental Services for the Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment-Disposal Project and allow the City Manager to execute the professional service contract. FISCAL EFFECTS: FY 25 funding for the professional and construction expenses of this project will come from the Kalispell WWTP/Treatment Impact Fees 930-line items - $990,000. ALTERNATIVES: As suggested by the City Council. ENCLOSURE: Professional Service Agreement-Amendment Public Works Department, 201 1st Ave E, Kalispell, MT www.Kalispell.com  PROFESSIONAL SERVICES AGREEMENT Professional Services for Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment-Disposal Project. This Amendment to the Professional Services for Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment-Disposal Project Agreement (“Amendment”) is hereby executed and effective as of ________________, 2025, and is intended to modify and to replace certain terms of the Kalispell Wastewater Treatment Plant (WWTP) Biosolids Treatment-Disposal Project Agreement (“Agreement”) previously executed on or about August 5, 2024, by and between the City of Kalispell (“CITY”) and Advanced Engineering and Environmental Services, LLC (“Consultant”). RECITALS WHEREAS, the Parties entered into the Agreement on August 5, 2024. WHEREAS, the Parties desire to amend the Agreement on the terms and conditions set forth in this Amendment. WHEREAS, this Amendment is the first Amendment to the Agreement. NOW, THEREFORE, the Parties agree to amend and extend their obligations in the existing Agreement for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to keep, perform, and fulfill the promises, conditions, and agreements of the Agreement and this Amendment as enumerated below: Section 1. Amendments. a. Section 3 Scope of Work: The following Task Orders and anticipated values are shown below. These Task Orders will be developed as part of this project, with the final scope and fee to be determined as the scope of work for each element becomes clear. TASK ANTICIPATED ORDER # DESCRIPTION VALUE 1 Location Study, Site Survey and Geotechnical Report $0.00 2 Funding Procurement Support $27,000 3 Preliminary Engineering Report $150,000 4 Permitting (Air, Building, Land Application) $0.00 5 Equipment Pre-Procurement $49,900 6 Engineering Design $169,800 7 CM/GC Procurement Services $38,200 8 Public/Landowner Outreach $4,200 9 Construction Phase Services $201,000 10 I&C/SCADA Integration and Startup $20,000 11 Post-Construction Phase Services $32,000 Total Ceiling $$692,100 1  The Engineer will not begin work on any task until there is an authorization to proceed on work elements under this Agreement including the scope, cost, and time for completion in the form of an executed Task Order Section 2. No Other Changes. Except as otherwise expressly provided in this Amendment, all the terms and conditions of the Agreement remain unchanged and in full force and effect. All terms within this Amendment shall have the meanings given in the Agreement unless a different meaning clearly appears from the context. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF KALISPELL, MONTANA Advanced Engineering and Environmental Services, LLC By________________________________ By___________________________ Doug Russell, City Manager Brian R. Bergantine, Project Quality Director APPROVED AS TO FORM By________________________________ Johnna Preble, City Attorney 2  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: PJ Sorensen, Assistant Director of Development Services SUBJECT: Ordinance 1933 – Second Reading Skybridge Setbacks Zoning Text Amendment MEETING DATE: February 18, 2025 BACKGROUND: This application is a request from LPW Architecture on behalf of Immanuel Living for a zoning text amendment to allow pedestrian skybridge connections over rights-of-way to encroach into the front and side-corner setback areas. Current setback provisions do not allow any portion of the structure to encroach into the setback. If a skybridge crosses a right-of-way, it needs to be within the setback area in order to make the connection. This amendment would allow for the connection to be located within the setback area. The Kalispell City Council, at their meeting on February 3, 2025, unanimously approved the first reading of Ordinance 1933 relating to the proposed text amendment. TEXT AMENDMENT: It is recommended that the Kalispell City Council approve the second reading of Ordinance 1933, an ordinance to amend the City of Kalispell Zoning Ordinance 1677, by adding the following section: Section 27.20.125: Skybridge Setback Exception. Notwithstanding any setback specified in this ordinance, a pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends over a public or private right-of-way may encroach into the front or side corner setback area provided that all other applicable zoning and other code requirements are satisfied. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1933 January 14, 2025, Kalispell Planning Commission Minutes Staff Report Application Materials Public Comment c: Aimee Brunckhorst, Kalispell City Clerk  ORDINANCE NO. 1933 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), TO ALLOW PEDESTRIAN SKYBRIDGE CONNECTIONS OVER RIGHTS-OF-WAY TO ENCROACH INTO SETBACK AREAS IN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City Planning Commission to consider certain amendments to the Kalispell Zoning Ordinance regarding allowing pedestrian skybridge connections over rights-of-way to encroach into setback areas; and WHEREAS, the Kalispell City Planning Commission considered the request by the Kalispell Planning Department, took public comment and evaluated the request pursuant to the guidelines of KMC 27.29.020; and WHEREAS, the Kalispell City Planning Commission forwarded its recommendation to the Kalispell City Council that certain portions of text of the Kalispell Zoning Ordinance as set forth in Exhibit “A” attached hereto, regarding pedestrian skybridge setback exceptions, be amended; and WHEREAS, the City Council has reviewed the Kalispell Planning Department Report as considered by the Kalispell City Planning Commission and the transmittal from the Kalispell City Planning Commission and hereby adopts the findings made in Report #KZTA-24-01, as the Findings of Fact applicable to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is hereby amended as follows on Exhibit “A”. SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby remain unchanged. 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 18TH DAY OF FEBRUARY 2025. _____________________________________ Mark Johnson ATTEST: Mayor _________________________________ Aimee Brunckhorst, CMC City Clerk  EXHIBIT A CHAPTER 27.20 SUPPLEMENTARY REGULATIONS Section 27.20.125: Skybridge Setback Exception. Notwithstanding any setback specified in this ordinance, a pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends over a public or private right-of-way may encroach into the front or side corner setback area provided that all other applicable zoning and other code requirements are satisfied.  KALISPELL CITY PLANNING COMMISSION MINUTES OF REGULAR MEETING January 14, 2025 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning Commission CALL was called to order at 6:00 p.m. Commission members present were Chad Graham, Doug Kauffman, Shelby Odell, Joshua Borgardt, Pip Burke (Zoom), and Rory Young (Zoom). Tim Stocklin was absent. Jarod Nygren, PJ Sorensen, Kari Barnhart, Donnie McBath, and Kirstin Robinson represented the Kalispell Planning Department. Keith Haskins represented the Kalispell Public Works Department. APPROVAL OF MINUTES Kauffman moved and Borgardt seconded a motion to approve the minutes of the December 10, 2024 meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. BOARD MEMBER SEATED Young recused himself from KZTA-24-01; he is a representative of the applicant. KZTA-24-01 – ILC SKY BRIDGE File #KZTA-24-01 – A request from LPW Architecture on behalf of Immanuel Living for a zoning text amendment to allow pedestrian skybridge connections over rights-of-way to encroach into the front and side-corner setback areas. Current setback provisions do not allow any portion of the structure to encroach into the setback. If a skybridge crosses a right-of-way, it needs to be within the setback area in order to make the connection. This amendment would allow for the connection to be located within the setback area. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZTA-24-01. Staff recommends that the Kalispell City Planning Commission adopt the findings in staff report KZTA-24-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION None. PUBLIC COMMENT None. MOTION – KZTA-24-01 Odell moved and Kauffman seconded that the Kalispell City Planning Commission adopt the findings in staff report KZTA-24-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. BOARD DISCUSSION Graham stated that he liked that pedestrian and vehicular traffic would be separated. Odell concurred. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RE-SEATED Young re-seated. Kalispell City Planning Commission Minutes of the meeting of January 14, 2025 Page | 1 OLD BUSINESS Sorensen updated the board on the January 6, 2025 city council agenda items and advised that Council approved Final Plats for KNTC Phases 6&7 and Bloomstone Phases 5-6.. NEW BUSINESS Sorensen updated the board on the upcoming February 11, 2025 Planning Commission meeting and Work Session. ADJOURNMENT The meeting adjourned at approximately 6:11 PM. WORK SESSION Transitioned into work session on Visa Ridge Cottages (KA-24-10, KPUD-24-05, and KPP-24-06) and the Montana Land Use Planning Act. __________________ ___________________ Chad Graham Kirstin Robinson President Recording Secretary APPROVED as submitted/amended: Kalispell City Planning Commission Minutes of the meeting of January 14, 2025 Page | 2  SKYBRIDGE SETBACKS ZONING TEXT AMENDMENT - STAFF REPORT #KZTA-24-01 KALISPELL DEVELOPMENT SERVICES DEPARTMENT JANUARY 14, 2025 This is a report to the Kalispell City Planning Commission and the Kalispell City Council regarding a request from LPW Architecture on behalf of Immanuel Living for a text amendment to the Kalispell Zoning Ordinance to allow pedestrian skybridge connections over rights-of-way to encroach into the front and side-corner setback areas in certain zones. A public hearing has been scheduled before the Planning Commission for January 14, 2025, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Commission will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION When a skybridge connects two buildings across a street, there are potential issues related to both setbacks from the property line as well as the encroachment into the right-of-way. Current setback provisions do not allow any portion of the structure to encroach into the setback. Under the zoning ordinance, setbacks apply to any part of a structure, such as eaves or decks. Section 27.37.010(177). If a skybridge crosses a right-of-way, it needs to be within the setback area in order to make the connection. This amendment would allow for the connection to be located within the setback area if it is located in a business, health care, or public zone. The encroachment into the right-of-way is handled separately through an encroachment permit issued through the Public Works Department if it is a public right-of-way, or through whoever owns a private right-of-way. Details of the construction of the skybridge are handled through the building permit and site review processes. A: Applicant: LPW Architecture 15 5th Street South Great Falls, MT 59401 B. Area Effected by the Proposed Changes: Any B, H or P zoned property within the jurisdictional boundaries of the City of Kalispell will be affected by the proposed changes. C. Proposed Amendment: The proposed amendment would read: Section 27.20.125: Skybridge Setback Exception. Notwithstanding any setback specified in this ordinance, a pedestrian skybridge connecting two buildings located in any B, H, or P zone which extends over a public or private right-of-way may encroach into the front or side corner setback area provided that all other applicable zoning and other code requirements are satisfied. D. Staff Discussion: There are currently two skybridges within the City of Kalispell. The first one connects two Glacier Bank buildings in the downtown area on Second Street Page 1 of 4  West just off of Main Street. Since it is located in the B-4 Central Business zone which does not have setbacks, there was not a setback issue with the connection. The second skybridge connects county office buildings across 11th Street West. As part of an overall construction project that declared an agency exemption as a county agency, zoning did not apply to the project. In neither situation was the setback an issue and it did not need to be addressed at those times. Health Department Skybridge Glacier Bank Skybridge While this proposal is not a review of a specific skybridge, the purpose behind Immanuel Living’s proposed text amendment is for a skybridge across Claremont connecting its existing facility on the west side of the road to a new addition on the east side. The setback in the H-1 (Health Care) zone is 15 feet, which would not allow the section of the skybridge from the building to the sidewalk area. In order to construct the connection, this text amendment is necessary. As noted in the application materials, “This street is quite busy with both vehicular traffic and pedestrian traffic. Many of the drivers and walkers are elderly and have mobility issues. The proposed pedestrian bridge is intended to bridge the two sides of the campus and provide safe access for residents. Many residents of Immanuel Living utilize amenities on both sides of the campus. The pedestrian bridge will provide a safe route for residents to access the amenities on either side of the campus.” Page 2 of 4  EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-304, M.C.A. 1. Is the zoning regulation made in accordance with the growth policy? Skybridges are not directly addressed in the growth policy, although Chapter 8 on Transportation lists several goals and policies which call for providing safe streets for both vehicular and pedestrian traffic. Allowing for a skybridge connection between buildings helps provide a separation between vehicles and pedestrians which in turn reduces the potential for accidents. By furthering those goals and policies, the request is consistent with the growth policy. 2. Does the zoning regulation consider the effect on motorized and nonmotorized transportation systems? The proposed amendment would have a positive effect on the transportation systems by allowing for a skybridge connection to supplement more traditional crosswalks. The separation of vehicular and pedestrian traffic in those situations creates a safer transportation system. 3. Is the zoning regulation designed to secure safety from fire and other dangers? Any development will continue to be required to meet building, fire, and health codes. Clearances and other design criteria would be reviewed as part of the building permit and site review processes in order to ensure that a skybridge is appropriately designed for a given location. 4. Is the zoning regulation designed to promote public health, public safety, and the general welfare? The general health, safety, and welfare of the public will be protected by city regulations which would apply to the development of any of the properties affected. The separation of vehicular and pedestrian traffic with a skybridge creates a safer transportation system. 5. Does the zoning regulation consider the reasonable provision of adequate light and air? The development standards within the zoning ordinance help provide for appropriate interaction between developed properties, including light and air. 6. Is the zoning regulation designed to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? The zoning ordinance creates a more predictable, orderly, and consistent development Page 3 of 4  pattern. That pattern allows for a more efficient allocation of public resources and better provision of public services. The separation of vehicular and pedestrian traffic with a skybridge creates a safer transportation system. 7. Does the zoning regulation consider the character of the district and its peculiar suitability for particular uses? Allowing for skybridge connections in business, health care, and public zones is consistent with the character of those districts, which generally have denser development along with busier streets. In those areas, the benefits of a skybridge are particularly suited to the character of the area. 8. Does the zoning regulation consider conserving the value of buildings? Building values are conserved by providing reasonable standards within zoning districts and through development standards under city regulations including building and fire codes. The potential for a skybridge connection can enhance the value of buildings by allowing for more efficient and safer use of the property. 9. Does the zoning regulation encourage the most appropriate use of land throughout the municipality and promote compatible urban growth? The amendment helps create consistency throughout comparable zones, which promotes compatible urban growth. RECOMMENDATION Staff recommends that the Kalispell City Planning Commission adopt the findings in staff report KZTA-24-01 and recommend to the Kalispell City Council that the proposed amendment be adopted as provided herein. Page 4 of 4 Date: 2 December 2024 To: City of Kalispell Re: Zoning Text Amendment Request – Immanuel Living Pedestrian Bridge To Whom it May Concern, LPW Architecture is requesting a zoning text amendment to the City of Kalispell zoning code to allow for the construction of an elevated pedestrian bridge crossing Claremont Street. The proposed project is intended to reduce potentially deadly interactions between vehicles and senior residents of Immanuel Living. The proposed project is intended to connect the east and west sides of the Immanuel Living campus that is currently separate by Claremont Street. This street is quite busy with both vehicular traffic and pedestrian traffic. Many of the drivers and walkers are elderly and have mobility issues. The proposed pedestrian bridge is intended to bridge the two sides of the campus and provide safe access for residents. Many residents of Immanuel Living utilize amenities on both sides of the campus. The pedestrian bridge will provide a safe route for residents to access the amenities on either side of the campus. A conceptual image of the project has been attached to this memo to provide context for the proposed zoning amendment and specific project driving this request. The proposed zoning text amendment is intended to support the growth policy of Kalispell. In accordance with chapter 8 of the growth policy: improving walkability in Kalispell throughout the year is a major goal. Allowing a pedestrian bridge within the H-1 zoning district will improve walkability and reduce interactions between pedestrians and vehicular traffic. Additionally, many residents in the H-1 district have mobility issues. Pedestrian bridges between buildings will improve accessibility, particularly in the winter months. The new zoning will have no long-term affect to motorized transportation in the zoning district. Nonmotorized transportation systems – particularly walking – will be improved and enhanced by allowing the proposed zoning amendment. Max Grebe, President L’Heureux Page Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 1 The new zoning will secure safety from fire and other dangers by complying with the applicable sections of the International Building Code to ensure the construction spanning over the public right of way is protected from fire with the use of an automatic fire suppression systems. The new zoning will promote public health, public safety and general welfare by encouraging residents to walk between buildings. The increased walking will reduce vehicular traffic and promote walking. The new zoning will have no impact on light and air in Kalispell. The new zoning will have no impact on, transportation, water, sewerage, schools, parks, and other public requirements as the proposed change adds no additional users to the above-mentioned infrastructure. The new zoning considers the character of the district and its peculiar suitability of the property by enhancing pedestrian circulation within the zoning district. The district allows for the construction of multi-story buildings currently. Allowing pedestrian bridges between buildings will enhance the appearance of the district visually. If the new zoning is adopted, it will enhance the value of buildings throughout the district. The addition of pedestrian bridges will improve the overall look and feel of the district. The new zoning will encourage land-use throughout the municipality by encouraging walking and reducing vehicular traffic. Additionally, parking near destinations won’t be as critical as walking between buildings will be much easier for inhabitants of the zoning district. Thank you, Max Grebe, LPW Architecture Max Grebe, President L’Heureux Page Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 2 3D concept image of proposed bridge crossing Claremont. Second floor plan of proposed bridge. Max Grebe, President L’Heureux Page Werner Architects 15 Fifth Street South, Great Falls, MT 59401 406-604-4453 3  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 ZONING TEXT AMENDMENT Email: planning@kalispell.com Website: www.kalispell.com Project Name Property Address The Lofts at Buffalo Hill - Pedestrian Bridge 45 Claremont St. NAME OF APPLICANT Applicant Phone LPW Architecture 406 604 4457 Applicant Address City, State, Zip 15 5th Street South Great Falls, MT 59401 Applicant Email Address maxg@lpwarchitecture.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Immanuel Living 406 752 9622 Owner Address City, State, Zip 185 Crestline Drive Kalispell, MT 59901 Owner Email Address djolly@ilcorp.org CONSULTANT (ARCHITECT/ENGINEER) Phone LPW Architecture 406 604 4457 Address City, State, Zip 15 5th Street South Great Falls, MT 59401 Email Address maxg@lpwarchitecture.com POINT OF CONTACT FOR REVIEW COMMENTS Phone maxg@lpwarchitecture.com 406 771 0770 Address City, State, Zip 15 5th Street South Great Falls, MT 59401 Email Address maxg@lpwarchitecture.com List ALL owners (any individual or other entity with an ownership interest in the property): None  Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 What is the proposed zoning text amendment? (if modifying an existing code section, please list the specific section - for example: Section 27.07.040(3)) We request that elevated pedestrian bridges be exempt from the setback requirements outlined in Section 27.11.040 What is the purpose or intent of the proposed text amendment? The intended request of this zoning modification is to allow for the construction of a pedestrian bridge,above HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (please attach additional sheets): a. Whether the new zoning was designed in accordance with the growth policy. b. Whether the new zoning will affect motorized and nonmotorized transportation systems. c. Whether the new zoning will secure safety from fire and other dangers. d. Whether the new zoning will promote public health, public safety and general welfare. e. Whether the new zoning includes the reasonable provision of adequate light and air. f. Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. g. Whether the new zoning gives consideration to the character of the district and its peculiar suitability of the property for particular uses. h. Whether the new zoning was adopted with a view of conserving the value of buildings. i. Whether the new zoning will encourage the most appropriate use of land throughout the municipality. I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be inorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. Max Grebe | President 12-10-2024 Applicant Signature Date  Development Services Development Services 201 1st Avenue East Kalispell, MT 59901 Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Commission Hearing) A pre-application meeting with a member of the planning staff is required. Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 20MB) 3. Application fee based on the schedule in the link below, made payable to the City of https://www.kalispell.com/DocumentCenter/View/447/Planning-Fees-Schedule-2023-PDF?bidId= From: M Davis To: Kirstin Robinson Subject: EXTERNAL H-1 sky bridge zoning amendment, public comment Date: Saturday, January 4, 2025 7:51:18 AM TO: Kalispell Planning Board and Zoning Commission RE: Immanuel Living proposed sky bridge over Claremont St. and H-1 zone change Any sky bridge zoning amendment should specify a clearance height above the paved street adequate to allow fire trucks, utility bucket trucks, semi trucks (food services, moving vans, equipment shippers, etc), and other oversized vehicles to pass underneath without impeding traffic going the opposite way. Because all the streets in the hospital area are of minimum size or substandard, such as Surgical Dr., city rights-of- way are limited. The pylons in the concept drawing accompanying this zoning request appear to abut the Claremont St. ROW. This may or may not pose a hazard to those using or maintaining the adjacent sidewalk. Connectivity of city streets within the H-1 zone is marginal and dependent on Hwy 93 for N/S transit through the H- 1 zone. Any structure affecting city streets’ air space in this zone should be handled as a Conditional Use. The overall height of this specific sky bridge does not appear to interfere with flights to and from the nearby heliport. It is highly likely that the original ILH skilled nursing facility will be rebuilt in the future. The incremental development of this property on the E corner of Crestline Ave and Claremont St has impacted public/employee parking and public and emergency services access in the area. Margaret S Davis, homeowner 160 Charlotte Ave, Kalispell POB 788, Lakeside MT 59922 Sent from my iPad  POLICE DEPARTMENT 312 1 Ave East – PO Box 1997 – Kalispell, MT 59903 st ‘Striving to Exceed Expectations’ REPORT TO: Doug Russell, City Manager FROM: Jordan Venezio, Chief of Police SUBJECT: Police Officer Confirmations of Officer Connor McKinnon and Officer Matthew Praetzel MEETING DATE: February 18, 2025 BACKGROUND: Police Officers Connor McKinnon and Matthew Praetzel have completed their one-year probationary employment periods with the Kalispell Police Department. We are recommending and requesting their confirmations as Patrol Officers. Officer McKinnon came to us after serving in the United States Marine Corp. Officer McKinnon has shown himself to be a quick learner, a great teammate and hard worker. He adapts quickly and has become a reliable and valuable member of our team here at KPD. Officer Praetzel came to us from Youth with a Mission (YWAM) and has been an excellent asset to our police department. Officer Praetzel sought this profession through his desire to serve his community and to live a life with purpose. This is evident in the way he carries out his duties with strong character and integrity. We are grateful to have added Officer Praetzel to our ranks. RECOMMENDATION: It is recommended that the Council confirm both Officer Connor McKinnon and Officer Matthew Praetzel as Police Officers with the Kalispell Police Department. JORDAN VENEZIO, CHIEF OF POLICE  201 1st Ave E Post Office Box 1997 Kalispell, MT 59903 Telephone: (406) 758-7720 www.Kalispell.com To: Doug Russell, City Manager From: Susie Turner, Public Works Director Re: Sludge Management Agreement-Glacier Gold LLC Meeting Date: February 18, 2025 Enclosed: Sludge Management Agreement Amendment and Extension BACKGROUND: The City and Glacier Gold Compost have a Sludge Management Agreement for disposing of Kalispell’s biosolids (sludge). This agreement has been in place since 1993 and was most recently renegotiated in 2024. The updated 2024 agreement includes a one-year term, with the option to extend for up to four additional one-year terms if both parties agree. Glacier Gold has decided to close its Olney, Montana composting site but has negotiated terms with the City to keep the facility operating until the Wastewater Treatment Plant (WWTP) completes its dewatering equipment upgrade. Once the upgrade is complete, the City will haul biosolids exclusively to the Flathead County Landfill. The proposed amended agreement includes Glacier Gold providing sludge management services until the long-term biosolids project is completed in 2026. Below is a summary of the amendments to the current agreement: • Charges/Adjustments: The City currently pays $238 per dry ton of sludge delivered to the Glacier Gold Compost Facility. This rate will increase to $370 per dry ton on July 1, 2025, and remain in effect through the agreement term. • Term: The agreement will be extended from April 1, 2025, through September 30, 2026. • Termination: City staff must provide Glacier Gold with 60 days' notice if the City chooses to terminate the agreement before September 30, 2026. RECOMMENDATION: Approve the amended Sludge Management Agreement with Glacier Gold. ACTION REQUESTED: Motion to approve the amended Sludge Management Agreement with Glacier Gold. FISCAL EFFECTS: There are no additional fiscal effects in FY25. The Wastewater Treatment Plant Fund Line Item - Contract Services (354) will have a proposed budget increase in FY26 to accommodate the amended disposal rate. ALTERNATIVES: As suggested by City Council. To: Doug Russell, City Manager From: Susie Turner, Public Works Director Re: Buffalo Hill Well Emergency Purchase Request Meeting Date: February 18, 2025 Enclosed: Buffalo Hill Well Replacement - Resolution 6240 Background: The Buffalo Hill Well has developed significant operational deficiencies. To fully assess the well’s construction and determine the necessary repairs, the motor and pump components may need to be removed using a large crane as soon as possible. Staff recommends procuring a contractor to remove the well components, purchase the required parts, and install them to restore the well to operation. Initial discussions with contractors estimate the cost of a complete component replacement at $185,000, excluding labor, equipment, and construction costs. The total estimated project cost is $250,000 but could reach as high as $325,000. Time is of the essence to complete the replacement and return the well to service before the high summer demand. Currently, the Buffalo Hill Well is the City’s largest water producer for the lower pressure zone. With one of the lower-zone storage tanks currently out of commission for construction, maintaining the Buffalo Hill Well is critical to ensuring water delivery to Kalispell’s customers. There is a relatively short period before peak summer demand emerges, and a lengthy formalized bid process could prevent the City from restoring the well to service in a timely manner. State law (M.C.A. §7-5-4303) allows a City to bypass the formal bid process if an emergency is declared and approved by three-fourths of the members present, ensuring the best service to the public. Request: Staff requests that the Council approve Resolution 6240 to declare this project an emergency, enabling an expedited procurement process. Attachment: Resolution #6240  RESOLUTION NO. 6240 A RESOLUTION DECLARING AN EMERGENCY AND AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PROCEED, WITHOUT ADVERTISEMENT OR BIDDING, WITH THE IMMEDIATE ACQUISITION OF A CONTRACTOR AND EQUIPMENT FOR REPAIRS AT THE BUFFALO HILL WELL SOURCE. WHEREAS, in February 2025, the Buffalo Hill Well started to develop significant operational deficiencies; and WHEREAS, the Buffalo Hill Well is the City’s largest water producer for the lower pressure zone. With one of the lower-zone storage tanks currently out of commission for construction, maintaining the Buffalo Hill Well is critical to ensuring water delivery to Kalispell’s customers; and WHEREAS, a relatively short period of time exists before peak summer demand emerges, and a lengthy formalized bid process could prevent the City from restoring the well to service in a timely manner. Without this high-production well in operation during peak demand—and with one of the lower-zone tanks under construction—there is a risk to public health and safety; and WHEREAS, the estimated cost as determined by the Public Works Department is over $80,000, which typically would require advertisement and competitive bidding under Section 7-5-4302, MCA; and WHEREAS, Section 7-5-4303, MCA authorizes a City to proceed without observing Section 7-5-4302, MCA when an emergency exists and three-fourths of Council present at a meeting authorize a procedure which best meets the emergency and serves the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. Buffalo Hill Well is critical to ensuring water delivery to Kalispell’s customers. Without this high-production well in operation during peak demand and with one of the lower-zone tanks under construction, there is a risk to public health and safety and constitutes an emergency under Section 7-5-4303, MCA, thereby abrogating the City's responsibility to advertise and bid acquisition of equipment for short-term treatment. SECTION 2. That the Public Works Department, under the direction of the City Manager, is authorized and directed to proceed and solicit proposals from qualified contractors to acquire a contractor and install water well components to bring Buffalo Hill Well into service, ensuring the best service to the public. PASSED AND APPROVED BY THREE-QUARTERS OF THE MEMBERS OF THE CITY COUNCIL PRESENT AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, ON THE 18TH DAY OF FEBRUARY, 2025. ______________________________________ Mark Johnson Mayor ATTEST: ________________________________ Aimee Brunckhorst, CMC City Clerk  City Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager SUBJECT: Appointment to the Tourism Business Improvement District Board MEETING DATE: February 18, 2025 BACKGROUND: The Tourism Business Improvement District was originally created in 2010 with Resolution 5425 with the regulations of the district created with Ordinance 1675. In 2019, Resolution 5954 was passed renewing the TBID for an additional 10 years beginning July 1, 2020. Ordinance 1833 was then passed to establish the regulations for the new TBID. The district is governed by a Board of Trustees to which the Mayor, with the approval of the City Council, appoints seven members of property within the district. After initial appointment, members are appointed for a term of office of 4 years. The board member representing a large category property recently resigned, and a new applicant with the same property, the Hilton Garden Inn, has applied for the position that has a term expiration of April 30, 2027. RECOMMENDATION: Mayor Johnson offer a recommendation to appoint Mitchell Bump to the Tourism Business Improvement District with a term expiring April 30, 2027. Council can then follow with a motion to accept the recommendation and confirm the appointment. ATTACHMENT: Board Application from Mitchell Bump