07/16/01 City Council Minutes1797
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
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P.M. MONDAY, JULY 16, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM El BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, DON COUNSELL, DPILE HAARR, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER
CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT.
Mayor Boharski called the meeting to'lorder and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved approval of the Agenda.'' The motion was seconded by
Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Regular Meeting July 2, 2001
2. Approval of Claims per Payables,Register - $508,137.70
3. Authorize Advertisement for Bid - Fire Department - Air
Compressor
Scarff moved approval of the Consent Agenda. The motion was
seconded by Counsell.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Leona Henry, 120 Crestline, asked the Council to amend the
ordinance prohibiting pygmy goats inside the City limits. She said
the ordinance needs to clarify the differences between animals and
livestock stating her pygmy goat, Oreo, is a family pet that is
less troublesome to the neighborhood than a dog. Henry submitted
petitions asking the City not to remove Oreo from her home.
(Petitions are attached and incorporaIed herein as if set forth in
full at this place) i
George Van, 258 Buffalo Hill Drive, s
Council to prohibit truck traffic
entrance to the gravel pit. He said
to construct a new entrance on the
during construction of the new Sur
attached and incorporated herein as
place)
bmitted petitions asking the
on Grandview Drive at the
�sidents would like the City
rest side of the gravel pit
yview Lane. (Petitions are
f set forth in full at this
Bill Mason, GPO, supported Henry's plea to keep her goat.
PUBLIC HEARING - 2001/2002 BUDGET
The City Council received public comments concerning the City's
proposed 2001-2002 Budget. Final Budget adoption is scheduled for
August 6.
Boharski opened the public hearing.
Kalispell City Council. Minutes
July 16, 2001
Page 1 of 5
1798
Bill Goodman, 200 1st Avenue East, said the money set aside in the
budget for the streetscape plan should not be shared with building
a new fire hall. He said if Kalispell loses the downtown, then he
suggests changing the name to Evergreen.
Ken Yachechak, 157 North Meridian, commented that using the TIF
money for the City Hall expansion is beneficial only to the City.
He said the funds were designed to improve the downtown and not for
the proposed fire hall.
John Hinchey, 534 4th Avenue East, said he has spent a lot of time
and money restoring 121 Main Street and urged Council members to
fully support the streetscape plan.
Doug Denmark, 1 Main Street, said all downtown business people
agree that improving downtown infrastructure is extremely
important. He asked the Council to use the TIF money properly or
the downtown will become a "very effective curbside to a Federal
Highway".
Archie Lorentzen, 105 Hemler Creek Road, said he owns three
buildings downtown and he supports a simple streetscape plan. He
also asked the Council to mark parking spaces so people don't take
up two with one vehicle.
Mary Johnson, 611 1st Avenue East, read a letter in support of
streetscape and submitted petitions. (Petitions are attached and
incorporated herein as if set forth in full at this place)
Jana Goodman, 200 1st Avenue East, said building community feelings
and relationships are vital to downtown and encouraged the Council
to fund streetscape.
C.M. Clark, Kalispell Hotel Complex, stated if the City wants to
continue to invite investors into the downtown area, then the
Council needs to spend the TIF money where it was meant to be
spent. He said he doesn't feel the City is supporting the downtown
businesses.
Pauline Sjordal, 234 3rd Avenue West, commented the City needs to
see more people walking in downtown Kalispell and streetscape can
accomplish that. She said if you don't maintain the downtown,
everything else will leave.
Margaret Lekander, Wheatons, stated retail is an everyday battle
for mom and pop shops and the downtown would be greatly improved
with streetscape.
Don Scharfe, 135 Main Street, said Kalispell has an opportunity to
development the downtown with TIF monies. He said big box stores
just make Kalispell like any other city and we need to save the
downtown.
Lynn Brett, 40 2nd Street East, commented she is opening a business
in downtown Kalispell and wants the City to implement streetscape.
Susan Lowe, 137 Main Street, said downtown is the life of the
community and wants the City to invest in it.
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Kalispell City Council Minutes
July 16, 2001
Page 2 of 5
1799
Paula Alley, 810 3rd Avenue East, said she has lived in Kalispell
for 27 years and the City needs to support the people it
represents.
Gordon Pirrie, 48 Main Street, said the downtown has 80,000 square
feet of vacancies now, and how much more does the City want. He
urged the Council to spend the TIF money on streetscape.
Diane Conradi, Citizens For a Better Flathead, said streetscape is
necessary to keep the downtown healthy.
Patricia Johnson, 714 4th Avenue East, said she's also in favor of
spending the TIF monies on streetscape and reminded Council members
of the petitions submitted with over 200 signatures.
Peg Allison, Clerk of District Court, said she constantly walks
around Kalispell and she hasn't been proud of the downtown for a
long time.
Jean Johnson, 787 North Main, encouraged the Council to revisit the
budget and look for ways to cut spending.
Don Bowder, 538 5th Avenue East, encouraged the use of TIF money
the way it was intended.
Marshall Noice, 647 6th Street East, said streetscape won't solve
all of the problems in downtown Kalispell, but for right now, it's
the best thing that can be done and the right project.
Boharski closed the public hearing.
CITIZENSHIP AWARDS
Police Chief Frank Garner presented citizenship awards to Michael
Anderson and Timothy Brown for outstanding bravery in subduing a
kidnapping suspect on July 5th.
FINAL PLAT APPROVAL - MONTERAY SUBDIVISION
Greg Delario has requested final plat approval for a two -lot
subdivision on the east side of 5th Avenue East south of 18th
Street East.
Larson moved final plat approval for Monteray Subdivision. The
motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1385 - ZONING TEXT AMENDMENT - PARKING STANDARDS - 2ND
READING
Northwest
Health Care/Summit has requested that
the
zoning
ordinance
be amended to allow vehicles
to park within
five
feet of
the front
and side corner lot lines in
the H-1, Health
Care,
zoning
district
as is currently allowed in
the B-1, B-2,
B-3 and B-5
zoning districts.
Council passed this
ordinance on first
reading
July 2.
Van Natta moved second reading of Ordinance 1385, an ordinance
amending Section 27.26.030(e)(2) of the Kalispell Zoning Ordinance,
(Ordinance No. 1175), by amending off street parking design to
allow parking in the front and side setbacks in the H-1, Hospital
Kalispell City Council Minutes
July 16, 2001
Page 3 of 5
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District, and declaring an effective date. The motion was seconded
by Atkinson.
There was discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1386 - ZONING TEXT AMENDMENT - NEW CATEGORY OF "RETAIL
RESTRICTED" - 2ND READING
Kalispell Building, LLC has requested an amendment to the I-1,
Light Industrial zoning district of the Kalispell Zoning Ordinance
to include a new category of uses called "retail restricted".
Council passed this ordinance on first reading July 2.
Leistiko moved second reading of Ordinance 1386, an ordinance
amending Sections 27.18.020 and 27.37 of the Kalispell Zoning
Ordinance, (Ordinance No. 1175), by including a new category under
I-1, Light Industrial, Permitted Uses, of "Retail Restricted",
developing a definition of -Retail Restricted" and declaring an
effective date. The motion was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1387 - ZONE CHANGE - EAST AND WEST SIDES OF BUFFALO HILL
DRIVE - 2ND READING
Several property owners have requested a zone change from H-1,
Health Care, to R-3, Residential, on approximately 3.10 acres
located on the east and west sides of Buffalo Hill Drive between
the hospital and the Buffalo Hill Golf Course. Council passed this
ordinance on first reading July 2.
Haarr moved second reading of Ordinance 1387, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property,
more particularly described as Assessor's Tracts 6 EC, 6EE, 6CB,
6CD, Lot 1 Harmon Addition and Lots 1-5 Highland Park, Golf Course
2nd Addition located in Section 6, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana (Previously Zoned City H-1,
Health Care) to City R-3 (Urban Single Family Residential), in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Scarff.
There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1388 - INITIAL ZONING FOR MEERKATZ ANNEXATION - 2ND
READING
Meerkatz has requested the property be zoned R-2, Single Family
Residential, upon annexation into the City. Council passed this
ordinance on first reading July 2.
Scarff moved second reading of Ordinance 1388, 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 the Amended Plat of a Portion of Lots 4 and
5, Block 4, Greenacres North-West Subdivision located in Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Kalispell City Council Minutes
July 16, 2001
Page 4 of 5
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Montana (previously zoned County R-1, One Family Limited
Residential) to City R-2, (Single Family Residential), in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded by Larson.
There was no discussion.
The motion carried unanimously upon roll call vote.
AUTHORIZATION TO PREPARE HOME AND CDBG GRANT APPLICATIONS
The Community Development Department requested authorization to
prepare HOME and CDBG grant applications in connection with a 40-
unit elderly apartment project.
There was discussion.
Larson moved Council authorize the Community Development Department
to prepare HOME and CDBG grant applications on behalf of the
elderly apartment. The motion was seconded by Scarff.
There was discussion.
Haarr asked how much money the City hopes to receive.
Susan Moyer, Community Development Director, explained the City
will apply for a $500, 000 CDBG grant and a $400, 000 HOME grant. She
said there will also be additional funds applied for through HOME
or administrative costs.
Atkinson announced he will abstain from the vote since Agency on
Aging will be partnering with the developers.
The motion carried upon vote with Counsell, Haarr, Kenyon, Larson,
Leistiko, Scarff, Van Natta and Boharski voting in favor and
Atkinson abstaining.
MAYOR COUNCIL CITY MANAGER'S REPORTS
Kukulski, referring to Oreo the pygmy goat, said staff is looking
into a way to amend the ordinance to distinguish between these new
hybrid animals such as pygmy goats and pot bellied pigs.
ADJOURN
The meeting was adjourned at 8:40 p.m.
ATTEST:
Theresa White
City Clerk
Approved August 6, 2001
Wm. E. Boharski
Mayor
Kalispell City Council Minutes
July 16, 20D
Page 5 of 5
1802 ( I r (Rib, I
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PETITION NOT TO MOVE OREO L oo,
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PETITION NOT TO MOVE OREO
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WE THE.UNDERSIGNED ARE SEEKING RELIEF FROM THE CITY OF KALISPELL IN
REGARD TO THE FILLING OF THE GRAVEL PIT ON GRANDVIEW DRIVE IN
KALISPELL. WE FEEL THAT NOW IS THE TIME FOR THE CITY TO ORDER THE
GRAVEL PIT OWNER TO CEASE USING GRANDVIEW DRIVE AS THE ENTRANCE TO
THEIR GRAVEL PIT AND TO CONSTRUCT A NEW ENTRANCE ON THE WEST SIDE
OF THE GRAVEL PIT DURING CONSTRUCTION OF THE NEW SUNNYVIEW LANE.
THE CITY HAS ALWAYS MAINTAINED THAT THE GRAVEL PIT OWNERS HAD A
RIGHT TO FILL THEIR PIT AND THAT GRANDVIEW DRIVE WAS THE ONLY
ACCESS AVAILABLE TO THEM. WITH THE CONSTRUCTION OF THE NEW
SUNNYVIEW LANE, THE OWNERS CAN NOW EASILY ACCESS THE GRAVEL PIT
FROM THE WEST.
THIS WILL GIVE US MUCH NEEDED RELIEF FROM THE DUST, NOISE AND
HARMFUL FUMES THAT THIS CONSTANT TRUCK TRAFFIC HAS BESIEGED OUR
NEIGHBORHOOD WITH. WE DEMAND RELIEF FROM THIS SITUATION AND HOPE
THAT THE CITY WILL DO WHAT'S RIGHT TO ACCOMMODATE OUR WISHES.
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WE THE UNDERSIGNED ARE SEEKING RELIEF FROM THE CITY OF KALISPELL IN
REGARD TO THE FILLING OF THE GRAVEL PIT ON GRANDVIEW DRIVE IN
KALISPELL. WE FEEL THAT NOW IS THE TIME FOR THE CITY TO ORDER THE
GRAVEL PIT OWNER TO CEASE USING GRANDVIEW DRIVE AS THE ENTRANCE TO
THEIR GRAVEL PIT AND TO CONSTRUCT A NEW ENTRANCE ON THE WEST SIDE
OF THE GRAVEL PIT DURING CONSTRUCTION OF THE NEW SUNNYVIEW LANE.
THE CITY HAS ALWAYS MAINTAINED THAT THE GRAVEL PIT OWNERS HAD A
RIGHT TO FILL THEIR PIT AND THAT GRANDVIEW DRIVE WAS THE ONLY
ACCESS AVAILABLE TO THEM. WITH THE CONSTRUCTION OF THE NEW
SUNNYVIEW LANE, THE OWNERS CAN NOW EASILY ACCESS THE GRAVEL PIT
FROM THE WEST.
THIS WILL GIVE US MUCH NEEDED RELIEF FROM THE DUST, NOISE AND
HARMFUL FUMES THAT THIS CONSTANT TRUCK TRAFFIC HAS BESIEGED OUR
NEIGHBORHOOD WITH. WE DEMAND RELIEF FROM THIS SITUATION AND HOPE
THAT THE CITY WILL DO WHAT'S RIGHT TO ACCOMMODATE OUR WISHES.
DATE NAME
1
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WE THE- UNDERSIGNED ARE SEEKING RELIEF FROM THE CITY OF KALISPELL IN
REGARD TO THE FILLING OF THE GRAVEL PIT ON GRANDVIEW DRIVE IN
KALISPELL. WE FEEL THAT NOW IS THE TIME FOR THE CITY TO ORDER THE
GRAVEL PIT OWNER TO CEASE USING GRANDVIEW DRIVE AS THE ENTRANCE TO
THEIR GRAVEL PIT AND TO CONSTRUCT A NEW ENTRANCE ON THE WEST SIDE
OF THE GRAVEL PIT DURING CONSTRUCTION OF THE NEW SUNNYVIEW LANE,
THE CITY HAS ALWAYS MAINTAINED THAT THE GRAVEL PIT OWNERS HAD A
RIGHT TO FILL THEIR PIT AND THAT GRANDVIEW DRIVE WAS THE ONLY
ACCESS AVAILABLE TO THEM. WITH THE CONSTRUCTION OF THE NEW
SUNNYVIEW LANE, THE OWNERS CAN NOW EASILY ACCESS THE GRAVEL PIT
FROM THE WEST.
THIS WILL GIVE US MUCH NEEDED RELIEF FROM THE DUST, NOISE AND
HARMFUL FUMES THAT THIS CONSTANT TRUCK TRAFFIC HAS BESIEGED OUR
NEIGHBORHOOD WITH. WE DEMAND RELIEF FROM THIS SITUATION AND HOPE
THAT THE CITY WILL DO WHAT'S RIGHT TO ACCOMMODATE OUR WISHES,
DATE NAME
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ADDRFSS
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1807
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WE THE UNDERSIGNED ARE SEEKING RELIEF FROM THE CITY OF KALISPELL IN
REGARD TO THE FILLING OF THE GRAVEL PIT ON GRANDVIEW DRIVE IN
KALISPELL. WE FEEL THAT NOW IS THE TIME FOR THE CITY TO ORDER THE
GRAVEL PIT OWNER TO CEASE USING GRANDVIEW DRIVE AS THE ENTRANCE TO
THEIR GRAVEL PIT AND TO CONSTRUCT A NEW ENTRANCE ON THE WEST SIDE
OF THE GRAVEL PIT DURING CONSTRUCTION OF THE NEW SUNNYVIEW LANE.
THE CITY HAS ALWAYS MAINTAINED THAT THE GRAVEL PIT OWNERS HAD A
RIGHT TO FILL THEIR PIT AND THAT GRANDVIEW DRIVE IS THE ONLY
ACCESS AVAILABLE TO THEM. WITH THE CONSTRUCTION OF THE NEW
SUNNYVIEW LANE, THE OWNERS CAN NOW EASILY ACCESS THE GRAVEL PIT
FROM THE WEST.
THIS WILL GIVE US MUCH NEEDED RELIEF FROM THE DUST, NOISE AND
HARMFUL FUMES THAT THIS CONSTANT TRUCK TRAFFIC HAS BESIEGED OUR
NEIGHBORHOOD WITH. WE DEMAND RELIEF FROM THIS SITUATION AND HOPE
THAT THE CITY WILL DO WHAT'S RIGHT TO ACCOMMODATE OUR WISHES.
DATE NAME ADDRESS
4.
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WE THE UNDERSIGNED ARE SEEKING RELIEF FROM THE CITY OF KALISPELL IN
REGARD TO THE FILLING OF THE GRAVEL PIT ON GRANDVIEW DRIVE IN
KALISPELL. WE FEEL THAT NOW IS THE TIME FOR THE CITY TO ORDER THE
GRAVEL- PIT OWNER TO CEASE USING GRANDVIEW DRIVE AS THE ENTRANCE TO
THEIR GRAVEL PIT AND TO CONSTRUCT A NEW ENTRANCE ON THE WEST SIDE
OF THE GRAVEL PIT DURING CONSTRUCTION OF THE NEW SUNNYVIEW LANE.
THE CITY HAS ALWAYS MAINTAINED THAT THE GRAVEL PIT OWNERS HAD A
RIGHT TO FILL THEIR PIT AND THAT GRANDVIEW DRIVE WAS THE ONLY
ACCESS AVAILABLE TO THEM. WITH THE CONSTRUCTION OF THE NEW
SUNNYVIEW LANE, THE OWNERS CAN NOW EASILY ACCESS THE GRAVEL PIT
FROM THE WEST.
THIS WILL GIVE US MUCH NEEDED RELIEF FROM THE DUST, NOISE AND
HARMFUL FUMES THAT THIS CONSTANT TRUCK TRAFFIC HAS BESIEGED OUR
NEIGHBORHOOD WITH. WE DEMAND RELIEF FROM THIS SITUATION AND HOPE
THAT THE CITY WILL DO WHAT'S RIGHT TO ACCOMMODATE OUR WISHES.
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