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11/05/01 City Council Minutes5,3" A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 Q.M. MONDAY, NOVEMBER 5, 2001, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA, MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND ACTING CITY ATTORNEY CHARLES HARBALL WERE PRESENT. COUNCIL MEMBER DON COUNSELL WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda. 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 October 15, 2001 Special Meeting October 25, 2001 2. Approval of Claims per Payables Register - $757,798.25 3. Authority to Cancel Outstanding Checks in the Amount of $95.85 4. Postpone Action on Proposals to Buy until November 19, 2001 -- Daley Field Lots 1 and 3 Van Natta moved approval of the Consent Agenda. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Patricia Johnson, 714 4th Avenue East, presented the Council with pamphlets on streetscape projects in other cities and reiterated the overwhelming support for streetscape in Kalispell. Russell Crowder, Marion, stated the Tri-City Planning Office, the City Manager and many members of the Council are trying to kill the Wolford Development project which would bring 100 million dollars into the valley. Kalispell City Council Minutes November 5, 2001 Page 1 54 Robert Hafferman, 1337 3rd Street West, said he's concerned with the Council's haste in filing legal actions and lawsuits, particularly the recent lawsuit against the State of Montana over the building jurisdiction legislation. RESOLUTION 4666 - ANNEXATION REQUEST - WHITEFISH STAGE CONDOMINIUMS Whitefish Stage Condominiums LLC is requesting annexation of approximately 38.4 acres located on the north side of Granrud Lane and the west side of Whitefish Stage Road for a condominium development. Jay Billmayer, Billmayer Engineering, gave a brief overview of the proposed project stating it will be a 304 upper -end unit project costing approximately $175,000 to $230,000. He said the entire complex will be surrounded by a landscaped median and combination earth berm and retaining wall with primary access off Whitefish Stage and emergency access from Granrud Lane. Public Comment Jefferson Oxford, 2118 Mission. Way South, said he feels this project has been "fast tracked" and he felt the Planning Board hearing was just a formality with no one listening to the opposition. He said the development will change the fabric of the neighborhood and while the surrounding land owners expect development, no one expected a development with density this high. Oxford added the plans call for a compound -like atmosphere with a wall surrounding the complex and he doesn't feel it will fit into the neighborhood. Donald Hollister, 2143 Mission Way South, said a development of this density will adversely impact Whitefish Stage Road which is already heavily traveled and will overcrowd Edgerton School. John Garfield, 2046 Mission Way South, said this is a residential area made up of single family and duplex -type homes and doesn't feel this type of development is appropriate. He also stated the residents were not heard at the planning meeting and they feel they have been "washed out of the process". Greg Trunkle, 2100 Mission Way South, said he moved to Mission Way with the understanding the adjacent land was going to be developed into single family homes and he doesn't feel the community needs this type of development. Irene Hollister, 2143 Mission Way South, expressed concern with the traffic impact on Whitefish Stage Road. Kalispell City Council Minutes November 5, 2001 Page 2 55 Deb Burfeind, 1992 Mission Way South, stated the property is zoned for single-family homes and everyone who purchased property, out there understood that's how,the area would be developed. Brad Stodghill, 19 Mountain Park Way, said he would also prefer houses to condos and expressed concern with the traffic impact on whitefish Stage Road. Theodore Dewerd, 621 Country Way North, said he lives in an area where the smallest lot is one acre and would like to see a development consistent with that. Haarr moved Resolution 4666, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, more particularly described in -Exhibit A", to be known as Whitefish Stage Addition No. 308; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded by Kenyon. Leistiko asked about improvements to Granrud Lane and the impacts on Edgerton School. Kukulski said the developers have agreed to upgrade Granrud to urban standards. Narda Wilson, TCPO, said concerning Edgerton school, School District #5 has indicated it will accommodate additional students, although they may have to be bussed to a school other than Edgerton. Leistiko said he has heard of some federal monies available to upgrade Whitefish Stage Road and asked about the possibility of turning lanes. Wilson said there is $400,000 in federal highway funds available for maintenance of Whitefish Stage Road but that would only include asphalting and possibly some widening, not a total upgrade. She added that part of the preliminary plat approval requires a traffic study be conducted and that will determine whether turning lanes are needed. Atkinson said he Is concerned that the development abuts Country Way South but there isn't an easement for any future use of the road. Wilson stated Country Way South is actually a private road providing limited access to the adjacent properties. Kalispell City Council Minutes November S, 20CI Page 3 56 Atkinson said he's also concerned with how the property will relate to the adjacent properties and whether the wall surrounding the complex will make it look like a compound. Wilson said the perimeter landscaping is not intended to serve as a "compound" atmosphere, but rather as a buffer between the existing residences and as security for those living in the condos. Kenyon asked if the sewer and water issues have been resolved. Kukulski said sewer will be provided by the City of Kalispell via the Village County Sewer District collection system with water provided by the Evergreen Water District. Haarr spoke in favor of the resolution stating the project is contiguous to the -city and will be built according to urban standards. He said he has always pushed for density with growth and if these homes were built out singly on a five acre plot you would be looking at fifteen hundred acres of open space being "eaten up". Haarr said you have to look at the overall good to the community and he feels this is a project the city can be proud of. Van Natta said he also has concerns with Whitefish Stage Road and agrees it's in serious need of reconstruction, however, he also feels this type of development is needed in Kalispell and it will be a number of years before all of the phases are completed. At the request of Boharski, Billmayer gave an overview of the perimeter landscaping. Boharski commented that under City R-4 zoning, single family homes on 38 1/2 acres with 6,000 square foot lots equals 285 units versus the 304 that is planned now. He said under the way it's currently zoned, County R-5, 417 units are allowed. Boharski asked Jefferson Oxford if the density issue isn't possibly just a matter of perception. Oxford said the surrounding neighborhood is single family homes on a quarter to acre lots. He said if developed in the same way, you're looking at a lot less than. 304. Oxford commented what really bothers him is that when he took around petitions to be signed, most of the residents in the area weren't even aware of the proposal and he criticized the Daily Inter Lake for not mentioning it in the article about tonight's meeting. He said they got the impression at the Planning Board meeting that they only listened to them because they had to and didn't care what they had to say. Kalispell City Council Minutes November 5, 2001 Page 4 5 F. , Kenyon asked how these projects appear to spring up out of nowhere and why adjacent landowners only get two weeks notice prior to the Planning Board meeting. Wilson said when someone comes to the planning office for a subdivision approval, etc., they are told the entire process takes approximately 60 to 90 days. She said the adjoining property owners have to be notified, according to State statute, at least two weeks prior to the hearing. Wilson said they try to give the public adequate time to ask questions and prepare, but she added that the planning office received very little interest in this project until the Planning Board meeting. She said even after the Planning Board meeting, it takes another two or three weeks to come before the Council. Kukulski commented several people have raised the issue that the Planning Board didn't listen to them at the meeting. He said the meeting this evening is a perfect example of how the public should be treated and it's not necessarily how the Planning Board meetings are handled. Kukulski said that may be something the Council wants to consider when making future appointments to the board. Atkinson thanked everyone for coming but added they probably won't go away happy because he feels the project substantially meets the requirements for annexation and zoning. He said he understands the traffic concerns but said the Council has to look at the big picture and the city wants this type of good development. John Garfield asked the Council to table any decisions until the traffic study can be completed and the full impacts are known to the schools, water, sewer, police and fire concerns, etc. Greg Trunkle said he's concerned what will happen to the property if these condominiums don't sell. Renee Oxford, 2118 Mission Way South, said she helped her father notify residents of the meeting this evening and said everyone in that area has worked hard for their homes and she asked the Council to consider their actions carefully. The motion carried unanimously upon roll call vote. ORDINANCE 1403 - INITIAL ZONING - WHITEFISH STAGE CONDOMINIUMS - 1ST READING Whitefish Stage Condominiums LLC is requesting initial zoning of City RA-1, Low Density Residential Apartment upon annexation. The property is currently zoned County R-5, Two Family Residential. Kalispell City Council Minutes November 5, 2001 Page 5 Leistiko moved first reading of Ordinance 1403, 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 Assessors Tract 2 in the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-5, Two Family Residential) to City RA-1 (Low Density Residential Apartment), 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. RESOLUTION 4667 - PRELIMINARY PLAT APPROVAL - WHITEFISH STAGE CONDOMINIUMS In conjunction with annexation and zoning, the developers are also requesting preliminary plat approval of a 304-unit residential subdivision to be known as Whitefish Stage Condominiums. Larson moved Resolution 4667, a resolution conditionally approving the preliminary plat of Whitefish Stage Condominiums, more particularly described as Assessor's Tract 2 in the Northeast Quarter of Section 31, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The motion was seconded by Atkinson. Kukulski suggested that the Council amend, add and remove several conditions on the resolution. The final conditions should read as follows: 1. Development of the subdivision shall be platted in substantial compliance with the approved preliminary plat which governs the number of dwellings within the subdivision, common areas and roadways within the subdivision. 2. The location and number of multi -family units within the development may be modified provided that the overall number of units does not exceed 304 dwellings. 3. That the roadways serving the subdivision shall be constructed in accordance with the adopted Design and Construction Standards for the City of Kalispell for local roads and include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot landscape boulevard with street trees placed in accordance with a plan approved by the parks and recreation director. A letter from an engineer licensed in the State of Montana certifying that the Kalispell City Council Minutes November 5, 2001 Page 6 improvements have been installed according to the required specifications shall be submitted at the time of final plat approval along with a letter from the Kalispell Public Works Department stating that the required improvements have been inspected and comply with the City standards. 4. That a Certificate of subdivision Approval be obtained from the Department of Environmental Quality and written approval by the Kalispell Public Works Department approving the water and sewage facilities for the subdivision. 5. A stormwater drainage plan which has been designed by an engineer licensed in the State of Montana shall be prepared which complies with the City's Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department. 5. That the developer shall obtain written approval for the proposed approaches onto Whitefish Stage Road by the Montana Department of Transportation, Flathead County Road Department and from the Kalispell Public Works Department for Granrud Lane and any conditions or improvements associated with the approvals be completed prior to final plat submittal. 7. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual. 8. That an overall landscape plan for the site that incorporates perimeter landscaping as well as street trees and landscaping within the common area be submitted to the Kalispell Parks and Recreation Department for review and approval. 9. The developer shall provide a plan for mail service approved by the U.S. Postal Service. 14. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 11. All utilities shall be installed underground. 12. That the fire access and suppression system comply with the Uniform Fire Code and a letter from the Kalispell Fire Department approving the access and number and placement of fire hydrants within the subdivision shall be submitted with the final plat. The fire access and suppression system shall Kalispell City Council Minutes November 5, 2001 Page 7 Me be installed and approved by the fire department prior to final plat approval. 13. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. 14. That a homeowners association be established for the maintenance of the common area based upon a pro-rata share of costs. 15. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. 16. That a conditional use permit shall be obtained granting approval of the multi -family dwellings in an RA-1, Low Density Residential Apartment, zoning district. 17. The developer shall upgrade Granrud Lane to City standards in accordance with the City of Kalispell's Design and Construction Standards for street width, curbs, gutters and sidewalks within 24 months of final approval of Phase I, after which time, if the developer is unable or unwilling to complete the upgrades, a bond shall be posted in the amount of 125 percent of the remaining improvements which are then to be completed within 12 months. 18. That the developer shall obtain written permission from the village County Sewer District for use of its sewage collection system or for expansion of the district boundaries; provided, however, that any connection to or expansion of the village County Sewer District does not result in the extension of the payoff of any bonded indebtedness. 19. That a letter be obtained from the Evergreen Water and Sewer District stating that they have reviewed and approved the plans and specifications for the new water facilities serving the subdivision. 20. That the proposed common recreational facilities be accepted by the City of Kalispell as satisfying the parkland dedication requirements and that they shall be completed in Phase I of the development. 21. The developer shall demonstrate that a document has been filed with the Flathead County Clerk and Recorder's office Kalispell City Council Minutes November 5, 2001 Page 8 6 :. designating a ten foot right-of-way reserve along Whitefish Stage Road for purposes for future acquisition prior to the issuance of a building permit. 22. That preliminary approval shall be valid for a period of three years from the date of approval. Atkinson moved to amend the resolution as suggested by staff. The motion was seconded by Larson. The amendment carried unanimously upon vote. The main motion as amended carried unanimously upon roll call vote. CONDITIONAL USE PERMIT - WHITEFISH STAGE CONDOMINIUMS Whitefish Stage Condominiums LLC has also applied for a conditional use permit to allow the multi -family condominium development in an RA-1 zoning district. Haarr moved approval of the conditional use permit for Whitefish Stage Condominiums with the attached conditions. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. Kukulski said the same changes need to be made to the conditions in the CUP as were made in the resolution for preliminary plat approval. Atkinson moved to reconsider. The motion was seconded by Kenyon. The motion carried unanimously upon vote. Atkinson moved an amendment to make the conditions in the conditional use permit the same as the conditions in Resolution 4667 for preliminary plat approval. The motion was seconded by Leistiko. The motion carried unanimously upon vote. ORDINANCE 1404 - INITIAL SPRING PRAIRIE PUD ZONING - DNRC SECTION 36 - 1ST READING The Montana Department of Natural Resources and Conservation has requested an initial 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. Development themes for each Land Use Kalispell City Council Minutes November 5, 2001 Page 9 6Z POD being annexed into the City include a Mixed Commercial, Mixed Professional and Mined Residential. Larson moved first 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 26. The motion was seconded by Atkinson. Kukulski explained a couple of changes have been made to the PUD, most notably, a one year extension in developing Phase I of the tech park (Mixed Commercial POD). He said the original PUD called for one year which has now been changed to two years. Harball said based on discussions, a change has also been made to the bonding requirements. He said initially the PUD required bonding for the entire project, but to no one's surprise, that wasn't feasible. Harball said the PUD now specifies bonding requirements to guarantee completion of the required infrastructure to be accomplished via the subdivision approval process for each phase. Kenyon said he's concerned with the time limit for establishing a tech park in the Mixed Commercial POD and the language "fails to proceed". He asked at what point can the property be developed for the other permitted uses, which cover a wide range. Harball said it's partly a matter of trust. He said a commitment may be made long before the subdivision approval process, which could then lengthen the time line. Kukulski said there's specific language in the agreement that if after twelve months, if a tech park isn't established, then the City can get involved in marketing the tech park concept. He said after two years, if the tech park still hasn't come to fruition, then the other uses can be considered. Kenyon said he still wants to know who is going to make the decision of "fails to proceed". David Greer, DNRC, said there is already a proposal from Hampstead Partners for a GO -acre phased subdivision and he feels when. the State enters into an agreement with Hampstead that would trigger the initiation of a technology park in that section. He stated the Mixed Commercial POD is only 81 acres and if a 6o acre commitment is made from Hampstead, that's over 50 percent of the area. Greer said the State is committed to developing a tech park and they think they will be successful. Kalispell City Council Minutes November 5, 2001 Page 10 63 Kenyon asked if DNRC would be willing to make retail facilities/ enterprises and tourist accommodations conditional uses instead of permitted uses in that POD. "absolutely Greer said not" because the neighborhood plan already adopted for that area includes those uses. He said the State is under a mandate that they need to generate income from that property, and they have already agreed to hold the property for two years to develop a tech park. Greer said if you look at other zoning classifications within the City, these are pretty restrictive uses. Kenyon commented this area is the last nice entrance to Kalispell and he would hate to see an RV park there. Atkinson stated the DNRC is charged with getting the highest and best use out of this land and they didn't have to speak to the City at all. He said he feels DNRC has gone out of its way to be a partner with the City and he's pleased that Hampstead Partners is interested. Atkinson said there are risks with any development. Public Comment Mayre Flowers, CFBF, encouraged the Council to get a written tax appraisal from the Department of Revenue and also asked the Council to make the uses of retail facilities/enterprises and tourist accommodations conditional uses for the Mixed Commercial POD. Haarr commented he feels the "foregoing" is a bias against retail and is just another "log thrown out in the road to see if we can't stop progress". He said free enterprise is what made this country great and unless there is some value created in enterprise, there are no taxes. The motion carried unanimously upon roll call vote. ORDINANCE 1405 - ZONING TEXT AMENDMENT - MULTI -FAMILY DWELLINGS AS A PERMITTED USE IN B-2 ZONING DISTRICT - 1ST READING Richard Dasen has requested an amendment to the Kalispell Zoning Ordinance to allow multi -family dwellings as a permitted use in the B-2, General Business District. Haarr moved first reading of Ordinance 1405, an ordinance amending Sections 27.14.020 and 27.14.030 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending permitted uses in the B-2, General Business District to include accessory apartments and multi -family dwellings and removing accessory apartments from conditionally permitted uses, and declaring an effective date. The motion was seconded by Larson. Kalispell City Council Minutes November 5, 2001 Page 11 M Leistiko said there was discussion at the Planning Board meeting about making this a conditional use instead of a permitted use and asked for comment. Wilson said even though there wasn't a clear consensus from the staff, it's her opinion it should be a permitted use. She said following discussion, the Planning Board voted 5 to 2 to make it a permitted use. Van Natta, Planning Board member, said he voted in opposition to the permitted use only because he didn't feel the entire B-2 zone should be changed for one piece of property. He said he would rather see the zoning designation changed for that location. Atkinson said he's not against the project, but maybe it should be a conditional use. Larson stated, however, as a permitted use it appears to follow Atkinson's concept of "live, work and play" all in the same area. Leistiko said he tends to agree with Van Natta, that the easiest way to handle this is to change the zoning in that location. Haarr said once again, this is something that could help the downtown, and once again the Council is trying to throw a log in its path. Van Natta said after listening to the discussion, he doesn't have any objection to the motion. John Burton, project surveyor, said the Tri-City Planning Office gave them three options for the project: permitted use; conditional use or zone change. He said they applied for the permitted use at the staff's recommendation. The motion carried unanimously upon roll call vote. ORDINANCE 1406 - ZONING TEXT AMENDMENT - BUILDING HEIGHT LIMITS - 1ST READING The proposed changes in building height limits would allow a maximum of 40 feet in the commercial, industrial and public zones and would allow a maximum of 60 feet with a conditional use permit. Haarr moved first reading of Ordinance 1406, an ordinance amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the maximum height limit of various zoning districts as shown on Exhibit "A" and declaring an effective date. The motion was seconded by Larson. Kalispell City Council Minutes November 5, 2001 pdgb la There was no discussion. 5, The motion carried unanimously upon roll call vote. ORDINANCE 1407 - CELLULAR TOWERS - 1ST READING TriStar Communications is requesting Council take action on a proposal for a text amendment to the Kalispell Zoning Regulations that would allow for the installation of cellular towers in the B- 5, I-1, and 1-2 zoning districts. Leistiko moved first reading of Ordinance 1407, an ordinance amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing the installation of cellular towers in the B-5, Commercial/Industrial, I-1, Light industrial and I-2, Heavy Industrial Zones as conditionally permitted uses, subject to performance standards, and declaring an effective date. The motion was seconded by Haarr. Van Natta questioned why the setback requirements were deleted from the conditions. Wilson said there are several setback options the Council can consider, including a setback equal to the height of the tower. She said if the Council would like, she could research the different options and present them to the Council prior to the second reading. J.R. Reger, TriStar Communications, said this amendment would eliminate the proliferation of towers and promotes co -location. He said he would be opposed to stringent setbacks because most of the lots in the B-5 zones are "cookie cutter" lots. He said for example, one of the lots he's looking at is fifty feet by one hundred and fifty feet which could make it difficult to comply with a setback condition. The motion carried unanimously upon roll call vote. RESOLUTION 4668 - CLEAN-UP ANNEXATION - CITY SERVICE TRACT NO. 8PA This tract, located on the east side of 3rd Avenue East across from the Southfield Park development, was originally part of a 1997 annexation but was accidentally left out of the final paperwork. This resolution is essentially a housekeeping item to correct that omission. Larson moved Resolution 4668, a resolution amending Resolution No. 4345, City Service, Inc./Montana Gold Bullet, Inc. Addition No. 282, by correcting the legal description contained in said Kalispell City Council Minutes November 5, 2001 Page 13 Me resolution, and declaring an effective date. The motion was seconded by Van Natta. There was no discussion. The motion carried upon roll call vote with Atkinson, Kenyon, Larson, Leistiko, Van Natta and Boharski voting in favor. Haarr was temporarily absent. ORDINANCE 1408 - ZONE CHANGE REQUEST - FLATHEAD CITY -COUNTY HEALTH DEPARTMENT The Health Department has requested a zone change from R-4, Two Family Residential to R-5, a Residential/ Professional Office zone to allow the site for the new health department building to be used for professional or governmental offices as a permitted use. Van Natta moved first reading of Ordinance 1408, 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 13 through 24, Block 132, Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned City R-4, Two Family Residential) to City R-5 (Residential/Professional Office), 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. ORDINANCE 1402 - ORDINANCE MODIFYING DOWNTOWN URBAN RENEWAL PLAN - 2ND READING This ordinance allows the City to use Urban Renewal Funds to help with the costs of building the new Health Department Facility. Another Urban Renewal Project proposal to relocate the Fire Hall and remodel City Hall was eliminated from the ordinance at the Council meeting October 15th. Larson moved second reading of Ordinance 1402, an ordinance relating to the modification of the Kalispell Montana Downtown Urban Renewal Plan (The Urban Renewal Plan) to approve certain projects as urban renewal projects. The motion was seconded by Leistiko. Haarr asked that the wording be changed to state that the City will assist with a "sum not to exceed $500,000". There was no objection. Kalispell City Council Minutes November 5, 2001 Page 14 6 7., The motion carried upon roll call vote with Atkinson, Haarr, Kenyon, Larson, Leistiko and Van Natta voting in favor, and Boharski voting against. COUNCIL REQUEST FOR ATTORNEY GENERAL OPINION ON GROWTH POLICY PLAN The City Attorney's Office would like to request an opinion from the Montana Attorney General regarding the effect of legislation on the existing Master Plan and future Growth Policy. Larson moved the Council direct of City Attorney's office to request an opinion from the Montana Attorney General regarding the effect of the 1999 legislation amending Title 76 of the Montana Code as it relates to the existing master plan and future growth policy. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski reminded Council members to turn in the City Attorney profiles and said the decision has been made not to conduct a citizen survey. ADJOURN The meeting was adjourned at 10:58 p.m. ATTEST: Theresa White City Clerk Approved November 19, 2001 WM. E. Boharski Mayor Kalispell City Council Minutes November 5, 2001 Page 15