Loading...
10/01/01 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, OCTOBER 1, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, M.ONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND ACTING CITY ATTORNEY CHARLES HARBALL WERE PRESENT. COUNCIL MEMBER DUANE LARSON WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. Councilor Scarff announced he is resigning from the Council effective immediately due to the fact that he has moved out of the City. Council members and Kukulski thanked Scarff for his service to the community. There was applause. Scarff removed himself from the proceedings. AGENDA APPROVAL Haarr moved approval of the Agenda. The motion was seconded by Counsell. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes - Special Meeting September 13, 2001 Council Minutes - Regular Meeting September 17, 2001 2. Approval of Claims per Payables Register - $622,320.88 3. Award Bid - Lawrence Park Bridge Trail Project -- Parks & Recreation Department Three bids were received for the Lawrence Park Bridge project from A-1 Paving ($322,136.85), LHC, Inc. ($343,408.24), and Sandon Construction ($385,321.36). Staff recommended the bid be awarded to A-1 Paving. Van Natta moved approval of the Consent Agenda. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. Kalispeli City Council Minutes October 1, 2001 HEAR THE PUBLIC Fred Hammel, 505 7th Avenue West, said he's against the Manager form of government and he feels the Mayor should micro -manage the City. Greg Stevens, City -County Planning Board President, criticized the Council for not honoring its agreement with the County Commissioners and including them in the review of the growth policy plan. He said if that had been done, the plan could have been completed over a year ago. Richard Nelson, 94 Northern Lights Boulevard, spoke in opposition to the proposed mall in Evergreen stating the space could be used to better advantage such as another high school. RESOLUTION 4660 - RESOLUTION REFERRING MASTER PLAN AMENDMENT REQUEST TO TRI-CITY PLANNING OFFICE This resolution refers a master plan amendment request to the Planning Office as a request to revise the proposed Growth Policy and asks for a staff recommendation by October 15th. Atkinson moved Resolution 4660, a resolution to consider the application to amend the City -County Master Plan to change the designation on approximately 144 acres of land located generally on the east side of LaSalle Road, north of East Reserve Drive and west of Granite View Subdivision as a revision to the "Draft" Growth Policy and to direct the Tri-City Planning Office to review said application and report to the Kalispell City Council no later than October 15th. The motion was seconded by Leistiko. There was discussion. Atkinson asked that LaSalle Road be changed to US Highway 2. There was no objection.. Harball also asked for a couple of textual changes. He said in the Sixth WHEREAS, the "Flathead County Board of Commissioners" should be changed to the "City -County Planning Board" and he will discuss with Attorney Bill Astle whether that WHEREAS is needed at all. He said in the last WHEREAS, the wording "be processed as a request to revise" should be changed to "reviewed within the context of", and in SECTION II, the wording "as a request to revise" should also be changed to "review within the content of". There was no objection. Kalispell City Council Minutes October 1, 2001 Page 2 of 8 Public Comment Diane Conradi, CFBF, said this is a confusing issue and i't',s important to get all of the information in order to make a good decision. She said the County called it a housekeeping matter without asking questions and someone has to look at the impacts. Ken Kalvig, Wolford Attorney, said the amendment request is being referred back to staff on the premise that zone changes cannot be made after October 1st without a growth policy plan. He said he believes there are other alternatives and asked the Council to consider those. Greg Stevens, City -County Planning Board President, asked why the request isn't being referred to the Planning Board which is the only entity that has legal standing to review it and make recommendations. He said the Council is sidestepping the Planning Board. There was discussion. Haarr said this request is very simple, it's a land use issue and the request is for a higher and better use of this area. He said B- 2 commercial zoning is better than light industrial and he has confidence the staff will recommend approval of the request. Leistiko stated he is in, favor of the staff looking at the request and giving the Council a professional opinion. Van Natta said all the Council is asking for is input from the planning staff and he supports the resolution. Boharski said the Council is facing "uncharted waters" with the October 1st date. He said there are a number of different legal opinions and he doesn't know of another approach that will potentially keep the City out of Court, even though there's no guarantee this one will. The motion carried unanimously upon roll call vote. RESOLUTION 4661 - ANNEXATION REQUEST- MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION The DNRC has requested annexation of approximately 454.4 acres otherwise known as Section 36. Atkinson moved Resolution 4661, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein, as an annexation, approximately 454.4 acres located on the Kalispell City Council Minutes October 1, 2001 Page 3 of 8 E west side of Highway 93 North bordered by Four Mile Drive on the South, West Reserve Drive on the north and Stillwater Road on the west, to be known as the Section 36 Addition No. 306; and to declare an effective date. The motion was seconded by Van Natta. There was discussion. Haarr asked if the deeding of property to widen West Reserve and right-of-way on the west side have been taken into consideration and if not, could they be added to the recommendations. Narda Wilson, TCPO, said those issues should be addressed during the subdivision review process. She said everyone recognizes the that West Reserve will eventually need to be upgraded. Wilson said there is a lot of subdivision activity in the area and with the ballfields, there is a need for a pedestrian walkway along the west side of Highway 93. Harball asked for two textual changes. He said the east 3,250 feet of Four Mile Drive needs to be included in the description, and the third WHEREAS should include in the second line; "that the territory be zoned in accordance with the Planned Unit Development and annexed into the City of Kalispell". There was no objection. Boharski asked about the Memorandum of Understanding signed earlier on this property. David Greer, DNRC, said the Memorandum states that all developed uses and underlying property will be taxed. He said is also requires that all of the infrastructure extensions are the responsibility of the lessees. Public Comment Mayre Flowers, CFBF, gave Council members a copy of the City's Extension of Services Plan and asked the Council to make sure infrastructure responsibilities are spelled out and how the tax rate will be set. The motion carried unanimously upon roll call vote. RESOLUTION 4662 - RESOLUTION OF INTENTION AND NOTICE OF PUBLIC HEARING - DNRC PLANNED UNIT DEVELOPMENT The Montana Department of Natural Resources and Conservation is requesting an initial zoning designation on Section 36 of B-5, R-5, and R-4 with a Planned Unit Development overlay. The PUD addresses Kalispell City Council Minutes October 1, 2001 Page 4 of 8 the development of four land use areas identified on the section of land which is designated as a specific development pod. A public hearing was scheduled for October 15th. Haarr moved Resolution 4662, a resolution of intention to approve, modify or deny a Planned Unit Development Agreement on certain real property owned by the Department of Natural Resources and Conservation (DNRC) known as Section 36. The motion was seconded by Counsell. Public Comment Mayre Flowers, CFBF, said as earlier directed, the Tri-City Planning Office has until October 15th to provide input on the proposed master plan amendment. She said the two projects are related because there are clauses in the PUD that provide for the property to revert to commercial if a technical park cannot be established. Flowers said because of this, she would like the public hearing on the PUD to be delayed until the public has a chance to hear the planning staff's comments on the master plan amendment request. David Greer, DNRC, said a public hearing was held by the Planning Board on September 11th and a positive recommendation was given. He said nothing new is being proposed and a delay would be unnecessary. There was discussion. Kenyon asked if there would be any problems with delaying the public hearing. Kukulski said the staff is reviewing the PUD and he doesn't see any reason to delay it. He said the development of a technology park has been at the top of the City's list and there isn't any need to stop the process at this time. The motion carried unanimously upon roll call vote. RESOLUTION 4663 - ANNEXATION - GLACIER VILLAGE GREENS PHASES VI AND VII A petition for annexation by Glacier Village Greens, Inc. was submitted with the final plats as a requirement for the recording of Glacier Village Greens Phases VI and VII. Van Natta moved Resolution 4663, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including Kalispell City Council Minutes October 1, 2001 Page 5 of 8 therein as an annexation of certain real property, more particularly described as the subdivision plats of Glacier Village Greens Phases VI and VII located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Glacier Village Greens Phases VI and VII Addition No. 307; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Counsell. Narda Wilson, TCPO, asked for a textual change under the third WHEREAS, stating it should read, "the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be zoned City R-4, Two Family Residential, upon annexation into the City of Kalispell". There was no objection. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1400 - INITIAL ZONING OF R-4 - GLACIER VILLAGE GREENS PHASES VI AND VII - 1ST READING The properties are currently zoned County R-5 with a minimum lot size requirement of 5,400 square feet. The proposed City R-4 allows duplexes and single family residences as permitted uses with a minimum lot size of 6,000 square feet. Haarr moved first reading of Ordinance 1400, 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 subdivision plats of Glacier Village Greens Phases VI and VII located in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-5 (Two Family Residential) to City R-4 (Two Family Residential), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. FINAL PLAT APPROVAL - KALISPELL REGIONAL MEDICAL CENTER This is a request for final plat approval of Kalispell Regional Medical Center, a two --lot subdivision for the hospital which is . located in part of the Buffalo Commons Phase V Subdivision. Kalispell City Council Minutes October 1, 2001 Page 6 of 8 Haarr moved final plat approval for Kalispell Regional Medical Center. The motion was seconded,by Van Natta. There was no discussion. The motion carried unanimously upon vote. ORDINANCE 1401 - SECOND AMENDMENT TO THE COVENANTS OF THE BUFFALO COMMONS PLANNED UNIT DEVELOPMENT - 1ST READING Kalispell Regional Medical Centex is requesting an amendment to the PUD to allow a maximum building height limit of GO feet. Haarr moved first reading of Ordinance 1401, an ordinance amending Ordinance No. 1226 (Planned Unit Development, Buffalo Commons) by amending the height limit for the Medical/Professional Facilities Pod, and declaring an effective date. The motion was seconded by Leistiko. There was discussion. Haarr commented this is a move in the right direction and if sixty feet isn't enough, then eighty, feet should be approved. Counsell asked if this raises the heights in other areas within the PUD. P.J. Sorensen, Zoning Administrator, said the amendment is just for the medical pod within the PUD, but the staff has prepared a more comprehensive proposal on height limits that will be coming before the Council soon. The motion carried unanimously upon roll call vote. HDR ENGINEERING CONTRACT AMENDMENT - FACILITY PLAN 2000 Staff asked Council to approve an amendment to the contract with HDR Engineering for the City's utility facility planning study. The total amount of the amendment is $21,647.50. Leistiko moved the Council authorize the City Manager to sign Amendment #1 to the contract with HDR Engineering, Inc. for the Facility Plan 2000. The motion was seconded by Van Natta. There was discussion. Haarr asked where the money will be coming from. Jim Hansz, Public Works Director, said funds were budgeted in the project for software and other items which actually cost less than Kalispell City Council Minutes October 1, 2001 Page 7 of 8 ON anticipated. He said because of that, there is a small surplus in which to pay for the contract change. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Mike Baker, Parks & Recreation Director, explained the Lawrence Park Bridge/Trail project and answered Council questions. Kukulski reminded the Council that the Montana League of Cities and Towns Convention is in Great Falls this week and several staff members will be attending. Kukulski gave the Council an outline on the procedure for filling the City Attorney' s position and asked for any comments members may have. He said he plans on sending out surveys in the Daily Inter Lake for a citizen perspective on what they want in a City Attorney. Haarr said he' s concerned with the citizen survey because of all of the jobs in the City, the City Attorney's is probably the most technical and most people wouldn't be able to provide any information with confidence. He said he thinks it's a waste of money. Kukulski said the survey will have specific questions, such as what qualities they are looking for in a City Attorney and how could the new City Attorney make the City more effective. Haarr said the paper could just do a news story and ask for citizen comments, but he still feels a survey is a waste of money. Kukulski said it was just a suggestion, and whatever direction the Council wants to go he will follow. He asked the Council to review the outline and it will be scheduled it for a work session. ADJOURN The meeting was adjourned at 8:55 p.m. ATTEST - T resa White City Clerk Approved October 15, 2001 Wm. E. Boharski Mayor 1 Kalispell City Council Minutes October 1, 2001 Page 8 of 8