09/13/01 SP City Council MinutesA SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 5:00
P.M. THURSDAY, SEPTEMBER 13, 2001, IN THE COUNCIL CHAMBERS AT
CITY HALL IN KALISPELL, MONTANA. COUNCIL PRESIDENT DUANE LARSON
PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, RANDY
KENYON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY
MANAGER CHRIS KUKULSKI WERE PRESENT. MAYOR WILLIAM E. BOHARSKI
AND COUNCIL MEMBER DALE HAARR WERE ABSENT.
President Larson called the meeting to order.
AGENDA APPROVAL
Atkinson moved approval of the agenda. The motion was seconded
by Leistiko.
There was no discussion.
The motion carried unanimously upon vote.
CANCEL THE PUBLIC HEARING SCHEDULED FOR SEPTEMBER 17, 2001 ON THE
Kenyon moved to cancel the public hearing scheduled for September
17, 2001 on the Master Plan Amendment request by Wolford
Development. The motion was seconded by Counsell.
There was discussion.
Kukulski explained the City has acquired the services of local
attorney Bill Astle to assist the City with this master plan
amendment request. He said following discussions, it became
apparent the City may want to shift direction in how it
approaches this project. Kukulski said he met with Mayor Boharski
and Council members Atkinson, Larson and Kenyon and the result
was the Special Meeting being called for this evening. He said a
new growth policy plan is on the desk of the County Commissioners
and the question was raised as to why a twenty year old plan
should be amended when the new one "is ready to go". Kukulski
said if the decision is to work with the new growth policy plan,
then you shouldn't have a public hearing to amend the old master
plan. He said a work session is scheduled for September 20th in
which the Council will have an opportunity to discuss the issue
with legal counsel. He added, "in no way, shape or form is this
an attempt or an interest in trying to delay the inevitable,
which is to make a tough decision". Kukulski said the attorneys
are advising that this is a "cleaner way" to approach the request
and there's nothing preventing the Council from rescheduling a
public hearing at a future date.
Scarff asked why the Council wouldn't have the public hearing
stating isn't it kind of late to cancel it.
Atkinson said from the meeting yesterday, it was determined it's
in the best interest of the City to look at the new growth policy
plan and the public hearing is to amend the old master plan. He
said legal counsel feels there wouldn't be any purpose in holding
a public hearing on amending the old plan if the Council is going
to work with the new one.
Scarf said the new plan isn't in place yet, so how can you
"speak to it".
Kukulski said the Council is still going to have to address
whether that area should be a business zone rather than
agricultural, however, legal counsel feels it would be better to
address the issue in approving a new growth policy versus
amending the old one.
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Special Meeting - September 13, 2001
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Leistiko said the Council should look at the up-to-date plan,and
he feels the public would agree.
Kukulski asked Bill Astle to comment.
Astle stated he has only been involved for a little over twenty
four hours and he doesn't want to second guess opinions already
received. He said what he feels is overwhelming to everyone, is
the legislative intent that as of October 1, 2001, master plans
are "old hat". He said after that r3a1-P. ri t-i P.c: ;;nr3 rniinti Pc are
pretty well frozen as to what they can do with zoning,
subdivision activities, etc. until a new growth plan is adopted.
Astle said he thinks amending a plan that will be dead in a
couple of weeks is not the appropriate way to follow the
legislative process that has been set down. He said the growth
plan is "a whole new breed in Montana and I think it is not
appropriate, on the eve of that effective date, to try to be
rushing in with the magnitude of this particular application".
Astle said he's suggesting the application be switched into the
process of being incorporated into the adoption of the growth
policy plan at which time it can be addressed as to whether it's
something the governing bodies want or not.
Public Comment
Ken Kalvig, Wolford Development Attorney, said he has spoken with
Bucky Wolford and Scott Williamson and they both strongly object
to pulling the public hearing. He said there is no reason why the
public cannot be heard and he feels there would be valuable
things come out of that hearing. Kalvig said Wolford wants to
emphasize they are willing to work with the City, but they are
getting increasingly concerned and frustrated that's not being
reciprocated. He said by the Council canceling the public
hearing, it's sending a message the City is not working with the
developer. He said it's time the City starts giving consideration
to the developer. Kalvig said no one knows for sure what the
October 1st date means and he urged the Council to act prior to
that date. He said it's very troubling that people want to focus
on the new growth policy and it's inappropriate to look at a new
document that's not adopted. He said the master plan is still the
guide for this county today and will be the guide on September
30th, and arguably on October 1st. He said if the City plans on
wrapping Wolford's project into an attempt to getting the new
growth plan done, it's not just a matter of changing the color on
the map, it also involves reexamining the text and he doesn't see
that getting done in 30, 60 or 90 days. Kalvig said in the
meantime, here Wolford sits with nothing happening. He said until
the "witching hour strikes", the master plan is still in effect
and the City still has the opportunity to amend it.
Lee Kauffman, Kauffman, Vidal and Hileman, said he represents
Darlene Jump, the landowner who has entered into an option to
sell this property to Bucky Wolford. He said Wolford has worked
very carefully with the Jump family to design this project to
meet certain criteria which they felt was important to the
Flathead and the City of Kalispell. Kauffman said all of the
steps taken and money spent were in conformance with the practice
and procedures required under the current and existing master
plan changes and zoning changes. He said the Council now wants to
change direction and incorporate the request into the new growth
plan. He said this isn't a simple change because it's his
understanding that there are substantial "textual, procedural and
theoretical differences in opinion between members of the County
Commissioners and what has been proposed to them". Kauffman said
it's his opinion that if the Council unduly delays, interferes
with and causes problems to a party, who in good faith, has
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Special Meeting - September 13, 2001
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followed existing procedures and laws that are binding at this
time, then the City is "truly in a liability position". He
encouraged the Council to conduct the public hearing and proceed
in a normal fashion.
Greg Stevens, City -County Planning Board President, said it's
going to be a long time before there's a new growth policy for
this jurisdiction. He said the plan could have been in place now,
if it hadn't been for the City Council cutting out the Planning
Board and the Commissioners from working on any changes. Stevens
said now the Council's trying to "blackmail the County into
signing off on that growth policy with the wolford project and T
can tell you that blackmail is not going to work". He said the
growth policy is going to be reexamined with the interest of the
County residents in mind and it's going to take a lot of work and
a lot of time.
Jean Johnson, Stokes & Associates, speaking as a co-author of the
growth plan, said adoption of the plan will realistically take a
year to a year and a half. He said wolford came to town, bought a
master plan, and worked off that plan. Johnson said it's not fair
to change now.
Diane Conradi, Citizens for a Better Flathead, said the Council
has a responsibility to make sure that this growth is consistent
with what the City and the jurisdictional area wants. She said
under neither plan, is this area targeted for this level of
commercial development, so either way the Council has to make the
same decision. Conradi encouraged the Council to take the time to
get the information it needs to make a good decision and that
includes canceling the public hearing. She said the purpose of a
growth plan is to direct development, not for the development.
There was further discussion.
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Van Natta said he also feels we're a long way from having a new
growth policy because of the differences between the City and the
County and the City and the Planning Board. He said he'll vote
against the motion because after the hearing, the Council can
decide if it has received all of the information it needs to make
a decision.
Leistiko said the Council needs to hear from the public, but it
also needs to decide what's more important, Kalispell's future or
Wolford Development's desires. He said he doesn't see any problem
with postponing the public hearing.
Counsell said he agrees with Van Natta, stating there's a master
plan in place right now and there's no reason not to hear from
the public.
Kukulski encouraged the Council to listen to its legal Counsel
and give his advice strong consideration.
Atkinson moved to amend the motion by eliminating the word
"cancel" and inserting "postpone until October 1, 2001". The
motion was seconded by Leistiko.
There was discussion.
Larson said it will have to be readvertised and he doesn't know
if we have enough time.
Kukulski said he would suggest not setting a certain date because
it wouldn't look good if we had to postpone it again.
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Leistiko said the wording "cancel just cancels the public
hearing set for September 17th and doesn't cancel it forever.'
Atkinson withdrew the amendment. The second concurred.
The motion carried upon a roll call vote with Atkinson, Kenyon,
Leistiko and Larson voting in favor, and Counsell, Scarff and Van
Natta voting against.
ADJOURN
The meeting was adjourned at 6:30 p.m.
H. M. Duane Larson
Mayor Council President
ATTEST:
Theresa White
City Clerk
Approved October 1, 2001
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