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07/16/01 City Council Minutes1797 1 I A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 a 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. 1 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 • 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 1801 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 4(l PETITION NOT TO MOVE OREO L oo, LA-w 4- To rku, J-oki e-5 Joe-\/ c,4A- Leop, I I �Wtm 'DA"uA- (9a- -7 -7 (2,0 C r e a-0 , MT Li Ll c77 L/C -7 CK A KC-- /-c, o 1 1803 PETITION NOT TO MOVE OREO I Vil I 1 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. 1 3._ 4.� 5._ 'T 7- L i4. 1 r-:' T 1805 1 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 3 4 5 6 7 8, 9.1 n 7 A3/ PC7 2 v - �--- 'i• • 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 7.- - i�'' "'t� - a ADDRFSS 1 1 C 1807 r- I 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. pj��g I all w 4 al' I I Eel ilk 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. WTIA106119111 E. `awl) e4d-, ��Zi, 9.------- ------ �.�r.---l----�.�lw----- -!- DATE NAME 3 4} _ 2,.1, L3 1 1 6------------------------------_------------------_.._------ —