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.
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November 5, 2001
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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.
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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.
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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.
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November 5, 2001
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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.
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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
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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
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November 5, 2001
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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
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November 5, 2001
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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
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November 5, 2001
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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.
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November 5, 2001
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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.
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November 5, 2001
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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.
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November 5, 2001
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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
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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.
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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
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November 5, 2001
Page 15