1. Council Minutes - Regular Meeting December 3, 2001A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, DECEMBER 3, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, RANDY KENYON, DUANE LARSON,
FRED LEISTIKO, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND
ACTING CITY ATTORNEY CHARLES HARBALL WERE PRESENT. COUNCIL MEMBER
DALE HAARR WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Atkinson moved approval of the Agenda with the removal of Agenda
Item #7, Motion to Ratify Council Decision. The motion was seconded
by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting November 19, 2001
2. Approval of Claims per Payables Register - $406,872.93
3. Maycumber Request - Reduction of City Special for Street
Maintenance, Storm Sewer and Urban Forestry in excess of the
standard City residential lot.
Kenyon moved approval of the Consent Agenda. The motion was
seconded by Larson.
There was discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Joe Unterreiner, Chamber of Commerce President, presented the
Council with a letter asking members to reconsider the amendment
made to the Spring Prairie PUD at the last meeting. (Letter is
attached and by this reference is made a part of the official
record) Unterreiner also congratulated Susan Moyer and the
Community Development Department staff for their recent success in
obtaining a grant for the Second Avenue West Senior Housing
Project.
Kalispell City Council Minutes
December 3, 2001
Page 1
Liz Harris, Jobs Now President, also asked the Council to
reconsider the changes it made to the Spring Prairie PUD on
November 19th.
Mayre Flowers, CFBF, invited members to the loth Annual Meeting of
Citizens for a Better Flathead to be held at the Northridge
Lutheran Church starting at 7:00 p.m. on December 8th.
Gerry Friesen, 1005 2nd Avenue South, presented the Council with a
letter thanking the City for helping him with a broken sewer main.
(Letter is attached and by this reference is made a part of the
official record)
PUBLIC HEARING - BUDGET AMENDMENTS
Council asked for comments concerning eight areas of the budget
that need amendments.
Boharski opened the public hearing.
Proponents
None.
Opponents
None.
Boharski closed the public hearing.
RESOLUTION 4672 - BUDGET AMENDMENTS
This resolution authorizes budget amendments in the amount of
$3,930,315.
Van Natta moved Resolution 4672, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 2001-2002 budget adopted by the City Council. The motion was
seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
FIREFIGHTER/PARAMEDIC CONFIRMATION
Raymond Junk, Jr. has satisfactorily completed his one year
probation with the Kalispell Fire Department and Council
confirmation is required.
Kalispell City Council Minutes
December 3, 2001
Page 2
Larson moved Council confirmation of Raymond Junk, Jr. as a
firefighter/paramedic for the Kalispell Fire Department. The motion
was seconded by Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
ORDINANCE 1404 - INITIAL SPRING PRAIRIE PUD ZONING - DNRC SECTION
36 - 3RD READING
The DNRC has requested a zoning designation of B-5, R-5, and R-4
with a Planned Unit Development overlay on approximately 454.4
acres otherwise known as Section 36. Council, on second reading
November 19th, made amendments to the Ordinance and the City
Attorney's office has determined that a third reading is in order.
Leistiko moved third reading of Ordinance 1404, an ordinance
approving a Planned Unit Development on certain real property owned
by the Department of Natural Resources and Conservation (DNRC)
known as Section 36. The motion was seconded by Van Natta.
Kenyon said at the request of David Greer, DNRC, a meeting was held
and he summarized their conversation.
Atkinson moved to amend Ordinance 1404 by eliminating the amendment
placed on the Spring Prairie PUD November 19th making numbers 16
and 17 under Section II, Subsection 2.02(B), conditional uses. The
motion was seconded by Larson.
Atkinson said he also spoke with Greer and he found no intent on
the part of the State to have commercial development along west
Reserve Drive. He said he is therefore changing his vote and
supporting the ordinance as originally written.
Larson said he has also changed his mind, stating there are a lot
of safeguards built into the PUD and he feels all of the issues
have been adequately addressed.
Leistiko said he supported the amendment at the last meeting, but
since then, several questions and concerns have been answered and
he too will be changing his vote.
Kenyon questioned Greer as to whether all of the easements are in
place, specifically for the power line and bypass.
Kalispell City Council Minutes
December 3, 2001
Page 3
David Greer, DNRC, said they are currently negotiating an easement
with MDOT for the bypass easement. He said the Bonneville Power
Administration thinks it already has an easement, but "it's still
up in the air".
Boharski commented that in the future, all sides should be present
and all questions answered prior to a motion being made. He said
that would prevent lengthy discussions like the one this evening
and at the last meeting.
Public Comment
Marshall Noice, 647 6th Street East, urged the Council to look
carefully at the agreement and make sure the bypass easement is in
place.
Rod McIver, 975 Rose Crossing, asked the Council to not reconsider
the amendment made at the last meeting, stating DNRC should not be
given any greater latitude than a private developer.
J.D. Metcalf, 165 Trail Ridge Road, asked the Council to assure
that mixed professional, not mixed commercial be designated along
West Reserve Drive.
John Schwartz, FBIA, commended Greer and the DNRC on their hard
work with the planning process and asked the Council not to create
additional conditions.
Greer answered questions and gave a short history of the
neighborhood, stating as far as the PUD "we feel really good about
what we did".
Kenyon said there's been discussion that there will be no retail
along West Reserve, but according to the PUD, that isn't true.
Greer stated the only retail that would be allowed along West
Reserve are "neighborhood stores" such as small grocery stores,
which was agreed to in the neighborhood plan.
Mayre Flowers, CFBF, passed out handouts, stating this is
"precedent setting involvement" for the Council and asked several
questions concerning the various maps which Greer answered. Flowers
concluded by asking the Council not to reconsider the conditional
use requirements. (Handouts are attached and by this reference are
made a part of the official record)
Kalispell City Council Minutes
December 3, 2001
Page 4
Jeannie Holmgren, DNRC Special Uses Bureau, said the State also
looks at this area as a "gateway to the community" and she feels
the plan as written will protect the landscape.
The amendment carried upon vote with Kenyon voting against.
The main motion as amended carried upon roll call vote with
Atkinson, Counsell, Larson, Leistiko, Van Natta and Boharski
voting in favor, and Kenyon voting against.
ORDINANCE 1409 - ZONE CHANGE - FLATHEAD VALLEY ORTHOPEDIC PROFIT
SHARE - 1ST READING
Flathead Valley Orthopedic Profit Share is requesting a zone change
from B-1, Neighborhood Buffer District, to B-2, General Business
District on approximately 4.6 acres of property between the east
side of North Meridian Road and the west side of Highway 93, north
of Three Mile Drive.
Leistiko moved first reading of Ordinance 1409, an ordinance to
amend Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance, (Ordinance No. 1175), by zoning certain real
property described as Lot 5 of Hall Addition #82 in Section 6,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned City B-1, Neighborhood Buffer District) to City
B-2 (General Business District), in accordance with the City -County
Master Plan, and to provide an effective date. The motion was
seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon roll call vote.
CONDITIONAL USE PERMIT - SHINING MOUNTAIN CHURCH EXPANSION
This is a request for a conditional use permit to allow the
expansion of Shining Mountain Church onto an undeveloped area of
their property to the east of the existing church building.
Larson moved approval of the conditional use permit for Shining
Mountain Church with the attached conditions. The motion was
seconded by Counsell.
There was no discussion.
The motion carried unanimously upon vote.
Kalispell City Council Minutes
December 3, 2001
Page 5
FINAL PLAT - BUFFALO COMMONS PHASE 3, BLOCK 1 LOTS 2 AND 3
This is a request for final plat approval of a two -lot subdivision
located in the Retail/Commercial/Office pod of the Buffalo Commons
Planned Unit Development.
Atkinson moved final plat approval for Buffalo Commons Phase 3,
Block 1, Lots 2 and 3. The motion was seconded by Counsell.
There was no discussion.
The motion carried unanimously upon vote.
RESOLUTION 4673 - ACCEPTANCE OF GRANT AWARD AND ADOPTION OF
MANAGEMENT PLAN AND PROGRAM INCOME PLAN
The Montana Department of Commerce has awarded the City of
Kalispell a $500,000 Community Development Block Grant on behalf of
the Second Avenue West Senior Housing Project.
Leistiko moved Resolution 4673, a resolution authorizing acceptance
of Montana Department of Commerce Community Development Block Grant
Funds in the amount of $500,000 for the Second Avenue West Senior
Housing Project; establishing a $500,000 budget to be funded with
the award; adoption of a management plan for the project; adoption
of a program income plan for the project; and establishing an
effective date. The motion was seconded by Van Natta.
Atkinson announced since he works
the Second Avenue West Senior
abstaining from voting.
for Agency on Aging, a partner in
Housing Project, he will be
Kukulski congratulated the Community Development Department on
their hard work in obtaining the grant, commenting the application
received a "perfect score".
The motion carried unanimously upon roll call vote.
MOTION TO RATIFY COUNCIL DECISION (REMOVED FROM AGENDA)
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Kukulski thanked Senator Conrad Burns and his staff for helping to
secure a $400,000 grant for the westside bypass.
Kalispell City Council Minutes
December 3, 2001
Page 6
Following discussion, a work session was scheduled for December 6th
at 5:00 p.m. to discuss extraterritorial jurisdiction and the
December 17th public hearing before the Commissioners concerning
the possible dissolution of the Planning Board.
Leistiko congratulated the Flathead Bravettes for winning the State
Basketball Championship.
ADJOURN
The meeting was adjourned at 9:15 p.m.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
Kalispell City Council Minutes
December 3, 2001
Page 7