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.
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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
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October 1, 2001
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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
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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
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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.
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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
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October 1, 2001
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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
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October 1, 2001
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