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06/24/02 SP City Council MinutesA SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 24, 2002, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, BOB HAFFERMAN, RANDY KENYON, DUANE LARSON, HANK OLSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER FRED LEISTIKO WAS ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Frank Garner, Tri- City Director Tom Jentz and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. Mayor Kennedy asked any Council members who have not seen the number of people in the lobby and outside City Hall to take a quick look. Several Council members left the chambers for several minutes and then returned. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Atkinson announced that he recently had back surgery and may not make it through the entire meeting. PUBLIC HEARING MASTER PLAN AMENDMENT REQUEST - WOLFORD DEVELOPMENT MONTANA, LLC Kukulski gave a background report stating Wolford originally applied for a master plan amendment on July 9, 2001, and on August 14, 2001 the City -County Planning Board held a public hearing and forwarded a recommendation for approval to the City Council. He said the Council then scheduled a public hearing for September 17, 2001 but that hearing was canceled on the advice of legal counsel. Kukulski went on to say that on April 15, 2002, Wolford Development submitted an Annexation/Initial Zoning and Initial Master Plan Designation request to the City of Kalispell. He said on May 14, 2002 the City Planning Board held a public hearing and then on May 28, 2002, the board forwarded a recommendation for approval on a five to one vote. He said that brings us to this evening and the public hearing before the Council. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 1 Wilson showed Council a site plan stating the project, known as Glacier Mall Mixed Use Development, is proposed on approximately 232 acres with the entire site encompassing 247 acres near the northeast corner of LaSalle Road and East Reserve Drive. She said the proposal would amend the master plan for the area from Light Industrial, Agricultural and Residential to Commercial on 170 acres, High Density Residential on 56 acres and Public on 6 acres. Wilson said the City Planning Board's findings also recommended the City Council adopt goals and policies for the plan amendment that would address annexation and an appropriate zoning designation. She said included in the policies would be the development of the north/south connector, with limited accesses, substantial landscaping and buffering along with a traffic analysis as part of the Planned Unit Development to mitigate on -site and off -site impacts. Wilson said in addition, it's recommended that all of the water storm drainage, sewer, roadways and other facilities be designed and installed in accordance with the requirements of the State of Montana, City of Kalispell and Federal regulating agencies. Wilson closed by reminding the Council and the public that this is the first step and if the master plan amendment is approved the next step in the process would be additional public hearings with annexation and the planned unit development. James L. "Bucky" Wolford, Wolford Development Montana, introduced his project team: Clint Wolford, project manager; Ken Kalvig, legal counsel; Mike Fraser, Thomas Dean and Hoskins Engineering; John Parsons, local land use consultant; Roger Noble, senior hydrologist with Land and Water Consulting, Inc.; and Scott Mason, senior geochemist with Land and Water Consulting, Inc. Wolford expanded on the history of the project stating it's been a thorough, but not a speedy, process. He said the County approved the amendment last fall, and since then, has incorporated commercial use on industrial land which means there are 85 acres available in that area right now that could be utilized for commercial development. Wolford said despite that change, he has always wanted this project to be part of the City of Kalispell and continues to want to be annexed. He said he hasn't asked for anything from the City and is planning on paying for all utility extensions and any road work that's necessary. Wolford said the plan is to develop this project in phases over a fifteen to twenty year period with $150,000,000 in retail sales the first year. He said 2,000 people will be employed with an annual payroll of $40,000,000. Wolford stated that traffic studies are being completed, a preliminary draft on the hydrology study has been done along with studies on sanitary sewer routes. He presented to the Council written comments titled "Another Perspective on Statements Made in opposition to the Glacier Mall Kalispell City Council Minutes Special Meeting June 24, 2002 Page 2 Development". (Written comments are on record and on file in the office of the City Clerk) Ken Kalvig, Wolford Attorney, supplied members with copies of three suggested amendments to the Tri-City Planning Office staff report dated May 28, 2002, stating that this has been a long process and will continue to be a long process with a lot of work left to be done. He said several people will comment this evening that a lot of information is still needed. Kalvig said Wolf ord's team has been working hard to get all of the information together to give to the Council as part of the zoning and planned unit development applications. He said what the Council needs to ask right now, however, is whether the subject site is appropriate for the proposed use. Kalvig said as far as the details, that comes in the next step of the process. (Suggested amendments are on record and on file in the office of the City Clerk) Mike Fraser, Thomas, Dean & Hoskins, stated he has heard three main issues surrounding this proposal: sewer service; flood plain; and traffic. He emphasized the project will be annexed to the City of Kalispell and sewer service will be through the City of Kalispell with an estimated 60,000 to 70,000 gallons per day and increasing gradually over the next 20 years to approximately 170,000 to 190,000 gallons per day. He noted that FEMA, around 1986, published maps showing the flood plain area and the former Flathead Regional Development Office still approved flood plain development permits within that range. Fraser said these actions have resulted in the "conveyance" channel being blocked by repeated and extensive fills so in terms of a flood plain issue, it's no longer a conveyance channel but a small storage basin. Fraser said as far as the traffic impacts, the traffic study will address all level of impacts as required by legislation. Roger Noble, Land & Water Consulting, Inc., said his firm was retained by Wolford Development to evaluate the potential effects of storm water runoff and design a mechanism to treat storm water before it is discharged to the ground water. He said the ground water flows from north to south and in the area under the mall site moves at about twenty feet per day. Noble said at this rate, it would take nearly two years for a water molecule to move from the mall site down to the Flathead River. He explained the aquifer encompasses about 45,000 acres with the mall site covering about one half of one percent of that area. In comparison, he said about three thousand, nine hundred acres of that aquifer has already been developed with the airport and a variety of retail stores. Noble noted two foremost questions: can we comply with existing water quality standards; and is there a treatment alternative that will Kalispell City Council Minutes Special Meeting June 24, 2002 Page 3 reliably work in a cold climate? He said the answer is yes and turned the microphone over to Scott Mason. Scott Mason, Land & Water Consulting, Inc., commented the preliminary design for storm water treatment consisted of three steps: characterize storm water as to types and amounts; evaluate available storm water treatment technologies and select a preferred method; and to evaluate the effects of the discharge of treated storm water on the ground water system. He said based on review of compilations of water quality data by the EPA and others, it was determined the storm water run off from the mall is not predicted to be any different than that of roads or parking lots located anywhere in the valley. Mason said the focus of the preliminary design has been to protect the ground water quality by providing storm water treatment prior to infiltration and because of that, a filtration system has been selected as the preferred method of treatment. He said it's their conclusion that the storm water filtration system they've selected will protect the ground water from pollution. Mayor Kennedy opened the public hearing. Proponents Bob Herron, 781 1st Avenue E.N., provided a written statement commenting that the proposal by Wolford is a win for the City and the taxpayers because the development will be the only project located over the aquifer that will treat storm water runoff. (Written statement is on record and on file in the office of the City Clerk) Robert DeGolier, 140 9th Avenue W. #3, stated he's from the Flathead and he believes we need change and growth and the mall could be one of the best things that happens to the valley. Mark Twichel, 2200 Canvasback Court, said the mall will bring additional dollars into the community and his business (Mergenthaler Transfer & Storage) and he feels Wolford is a man of honesty and integrity and will do what he says. Dan Skiles, 161 E. Reserve, declared if the area isn't developed with commercial, it will be developed with residences with septic tanks and he has confidence the Council will base its decision on facts and not scare tactics. Fay Skiles, 161 E. Reserve, said she's a third -generation valley resident and as far as the aquifer, she's more concerned with all the subdivisions on septic systems. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 4 Tyler Strainer, 170 Glenwood #D, thanked Wolford for his proposal and added that he's sick of the "commies and greenies of Flathead butting into everybody's life and business". Dominic Lee, 170 Glenwood #D, commented a lot of people are protesting the mall because it will ruin downtown, but he didn't hear anybody complain about Wal Mart or Home Depot taking over Kmart or Tru Value. Bill Covey, 265 Tetrault Rd., stated he's in favor of the mall because the alternative is strip malls and the Council can either manage the growth or obstruct it and get piecemeal developments. Norbert Donahue, 144 Crestline, said once a sewer line is built from the mall property to the city limits, the City will be burdened by having to allow hookup to anyone nearby. Sheila Uhde, 420 Liberty Street #5, asked the Council to keep in mind the youth of the community and how the mall would be good for the younger generation and help with the job market. McKenzie Dugger, 46 5th Avenue W., said he has been stuck in the same job for a long time and the mall would open up employment opportunities. Em Winniar, Somers, commented the mall will help with the valley's economy and she feels "it's a really good idea". Tammy Nashton, Bigfork, said the mall will provide jobs and keep people from traveling to Missoula or Spokane for shopping. Jerry O'Neil, Senate District 42 State Senator, said he doesn't feel the City has the right to annex the property but he does feel the property should be allowed to be used for a mall as long as it doesn't contaminate the water, and Wolford has assured us it won't. Ben Long, 926 5th Avenue E., said this decision will affect development in the valley for the next 100 years and the Council will have to balance clean water and economics. He suggested the Council require a bond for the value of the potential risk. Phil Frye, Bigfork, stated it's better to have this development under one roof than scattered with strip malls. Lee Kaufman, 1613 Three Mile Drive, urged the Council to look at the rules and regulations for development and if Wolford meets those, then the proposal should be approved. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 5 Rhonda Kalvig, 126 Lambert Court, read a written statement from K.E. West, a senior citizen, who supports the mall and suggested the City turn the Kalispell Center Mall into a cultural center. She said the two KCM anchor stores have wanted to expand for a long time but can't because space is limited. (Written statement is on record and on file in the office of the City Clerk) Mike Jopek, Whitefish Planning Board Chairman, said he's concerned about the water quality and asked the Council to try to mitigate the negative impacts. Mayor Kennedy reminded the audience that this is the time for proponents to speak. Carla Clark, 136 loth Avenue W., said a mall will happen eventually and it could happen with a developer of less integrity, adding a mall would be better than subdivisions on septic. Brent Hall, 1395 Creekside Drive, commented we are a free market society and Wolford's developments in other towns are first class. Stephanie Bates, 733 Country Way, stated she feels the mall is a wonderful idea and growth will happen whether people want it or not and managed growth is what we need. Steve Uhde, Kalispell Chamber Board Member, said this is a divisive issue among the chamber membership but a survey shows chamber members support this proposal two to one. Joe Unterreiner, Kalispell Chamber Executive officer, stated the mall will help maintain Kalispell as the regional center of northwest Montana and Wolford's developments in Meridian and Hattiesburg, Mississippi are doing well. He gave his pledge to work with any groups or businesses adversely affected. Charles Lapp, 3230 Columbia Falls Stage, emphasized this is a land - use issue and the Council should focus only on the master plan amendment. He stated groundwater issues are important but the developer is going to take care of the problem. Opponents B.J. Carlson, 375 Grandview Drive, asked the Council to review its mission and vision statements and see if this master plan amendment is what they want for the valley. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 6 Ann Tucker, Bigfork, said she's originally from Hattiesburg, Mississippi, and she wishes the Council, before making a decision, could see the abandoned buildings in the downtown because of the Turtle Creek Mall. Bill Goodman, 50 2nd Avenue E., asked the Council to take time to study the issues before making a decision. He informed them he has hired a Helena attorney and opened a defense fund entitled "The Bucky Stops Here". Rhonda Brownfield, 422 Maple Drive, said the mall will only provide minimum wage jobs and she's very concerned about the traffic and asked the Council to look at the increased traffic in depth. Delores Swanberg, Lakeside, reminded Council members it's their duty "not to do anything that will dull the luster of this beautiful valley". She asked the Council not to fool themselves into thinking they can control this project. Rosalie Heinecke, 294 Buffalo Hill Drive, commented progress and growth is vital to any community, but to approve the mall would affect the area in a "dramatic and irrevocable way". John Mulfield, Whitefish, stated he's an hydrologist and reminded the Council that it set a precedent when a 1999 proposed relocation of the Swartzenberger wrecking yard to the headwaters of Spring Creek was denied because of inherent risks to the aquifer. He said if the mall is approved, stringent monitoring of the aquifer will be necessary. Robert O'Neil, Lakeside, commented that each building downtown shows individuality and he asked the Council to keep that individuality by denying the request. George Taylor, 504 5th Avenue E., referred to a Missoulian article which quoted Wolford as stating the development will cause the demise of the downtown mall. He asked the Council to remember its vision and a positive vision isn't demolishing the downtown. Diane Conradi, Citizens for a Better Flathead Executive Director, agreed with Kalvig that this is a land -use decision and whether this site is capable of supporting this level of development. She said it isn't a question of annexation or the planned unit development agreement, but the time to look at the issues of storm water run off, traffic, etc. is now. Conradi said Citizens for a Better Flathead has provided the Council with a packet containing Kalispell City Council Minutes Special Meeting June 24, 2002 Page 7 several reports concerning the aquifer and asked the Council to review that information carefully. (Reports are on record and on file in the office of the City Clerk) C.M. Clark, Kalispell Grand Hotel and Painted Horse Restaurant, asked the Council to follow the law. He stated the Council can't amend the master plan unilaterally and the City Planning Board cannot act outside the city limits without the concurrence of the County. He insisted a growth policy plan be adopted before a plan of this magnitude is approved. Sharon DeMeester, 415 Chestnut Drive, said this is a poor time to make a decision of this magnitude when planning has not been done in advance. She said malls do not add any character to a small town and they don't have the individuality of small businesses. Linda Denning, 146 E. Evergreen, stated she has a 15 foot deep well that is 100% pure and what guarantee does she have that it will stay that way if the mall is approved. She asked the Council to think strongly about the location of the mall, the quality of water and the future. Bruce Young, Lakeside, stated he doesn't have an issue with the mall, but he does have an issue with the site location and the watershed. He said the sensitive watershed areas must be protected if we wish to continue the quality of life we have and it's inconceivable the Council would consider approving this development in that area. George Van, 258 Buffalo Hill Drive, said Kalispell is a recessive area and we don't need a mall bigger than anything else in Montana. He stated Great Falls has a "teeny" mall and it still killed the downtown. Pauline Sjordal, 234 3rd Avenue W., commented that big corporations only see dollar signs, not the people or the impact, and they suck the resources out of the State. She asked the Council to consider seriously that Wolford will take the profits back to Tennessee. Diana Thompson, 448 Addison Square, said she moved to Evergreen to get away from the City and now she's about to be enveloped again. She said she's concerned about noise, valley economics, higher property taxes and crime, but is most concerned about parking lot run off that could affect her well. Patricia Fogleman, Whitefish, asked the Council to consider its action carefully because once it's done, you can't go back. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 8 Shelly Spilis, 801 Helena Flats Road, said she's concerned that traffic issues have not been adequately addressed, especially since there's a school located approximately three blocks from the project site. Spilis cited concerns about the aquifer and presented Council with a video tape and written report by the Flathead Conservation District on the East Spring Creek Rehabilitation Project. (Video tape and report is on record and on file in the office of the City Clerk) Robin Steinkraus, Flathead Lakers Executive Director, stated the Lakers consider the area proposed for amendment a poor choice for large scale commercial development. She said the Lakers, along with numerous resource management agencies and land protection organizations, have identified this area one of those most critical to maintaining the quality of Flathead Lake and its tributaries. Paula Webster, Confederated Salish & Kootenai Tribes Water Quality Program, read a written statement noting concerns that storm water from the proposed development could degrade the Evergreen aquifer, which is directly connected to the water of the upper Flathead River and Flathead Lake. (Written statement is on record and on file in the office of the City Clerk) Milt Carlson, 375 Grandview Drive, said he studied the materials presented to the planning board and quickly came to the conclusion this is the wrong thing in the wrong place and the amendment request does not meet the statutory requirements necessary to change the master plan. In addition, he stated final developer reports are needed prior to making a decision. Jana Goodman, 50 2nd Street East, asked the Council to consider the adage "put your money where your mouth is". She said downtown businesses have contributed extra taxes for the Tax Increment Fund, they are forming a Business Improvement District, and now it's time for the City to "put your money where your mouth is". Goodman stated the City should hire consultants that don't have Wolford's welfare in mind when conducting impact studies. Carla Augustad, 1395 Lower Valley Road, said there's a lot of development in the valley and it appears to be "willy nilly". She said the Council needs to come up with a plan for development prior to approving this project. Brian Beck, Columbia Falls, asked the Council to consider what attracts people to the Kalispell area and the Flathead Valley and he bets the response wouldn't include a monster mall changing the area forever, polluting the ground water and gutting the downtown. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 9 He said he hopes the Council's response is "not with our water, not with our downtown, and not with our valley". Paula Alley, 810 1st Avenue E., asked the Council to read all of the information very carefully because somebody's facts are right, somebody's facts are almost right and somebody's facts might be wrong. She asked the Council to read every word very carefully and think about the City's core values. Cole Milstead, 311 7th Avenue West, commented Kalispell already has a mall and local businesses support community events and programs. He said he's lived in places with large malls and it's a question of whether Kalispell is "the last best place" or "anyplace". Woody Nedom, Bigfork, stated this proposed development is damaging to the community and Flathead Basin in so many ways it deserves "a quick and resounding denial". He declared the Glacier Mall proposal is "in your face sprawl" and every legal means will be taken to prevent this development. Pam Gerwe, Whitefish, echoed concerns of water quality and economic impacts on the downtown district. She said she doesn't want the valley to look like everywhere else. Barbara Brant, Whitefish, asked the Council to vote against the amendment and focus development on the authenticity of the town and of the people that live in it. Jennifer Bannon, Whitefish, asked the Council to look at the land that we are developing, look at the history of the valley, and determine appropriate areas for growth_ She remarked this is an inappropriate place for a mall and Kalispell needs to go back to traditional planning. Barbara Calm, Kila, said she watched Denver's downtown go to nothing when the malls went to the suburbs, now the malls are being torn down, and Denver is redeveloping the downtown. She asked the Council what if we bypass the mall, develop the downtown, and make it a jewel of shopping. Mayre Flowers, Citizens for a Better Flathead, presented the Council with a tourism study recently conducted by the University of Montana Institute of Tourism and Recreation Research specifically on Kalispell. She said the study shows that maintaining the existing character is one of the most important issues for the future of Kalispell. (Report is on record and on file in the office of the City Clerk) Kalispell City Council Minutes Special Meeting June 24, 2002 Page 10 Glenda Brown, 330 Goodrich Road, referred to the 1964 flood and said you can still see signs of the high water. She said it doesn't make sense to place a development in the flood plain and added she doesn't want to see Kalispell become a ghost town. Clay Clark, High Technology Solutions, said outdoor lighting has increased at an alarming rate across the country and this area is one of the last places you can still see the Milky Way. He stated this level of development is often accompanied by grand scale outdoor lighting and that's not something people want to look at at night. Jeffrey Funk, Bigfork, commented that he has heard in detail a number of risks in developing this property from both sides, but he hasn't heard any compelling "need" for this development. Lois Bergeson, 1137 Aspen Lane, suggested that if this area slated for development is a special place, then maybe the City, the County and private citizens should band together and buy it from Mrs. Jump-Rauthe to keep it special. Jim Thompson, Somers, stated he's an architect and has been involved in the redevelopment of downtown Kalispell. He asked the Council to think about all of the work that's already gone into Kalispell and said if the City yields to the mall, the City will be back in the redevelopment game again. Lex Blood, 844 Third Avenue E., said there's very little substantive that he can add, but remarked the evidence is very clear that this is not a good decision and he hopes the Council thinks deeply about it. Lindsay Shaw, Whitefish, asked the Council to get everything in writing and look at the light and water pollution. She said integrity, meaning whole and complete, hasn't been mentioned and she feels the City is whole and complete now and doesn't need this master plan amendment. Floyd Thomas, 566 Ash Road, said he only opposes development if it threatens the economic welfare and environmental quality of the community and he feels the mall will do just that. He said not only does it threaten the economic welfare and economic quality of the community, it poses a personal threat by endangering the water quality of his shallow well which is only 415 feet from the property in question. Kalispell City Council Minutes Special Meeting June 24, 2002 Page 11 Marti Kurth, Citizens for a Better Flathead, presented a petition signed by 412 people opposing the mall. She also presented 163 cards signed from people who couldn't get into City Hall to testify. (Petition and cards on record and on file in the office of the City Clerk) Bill Goodman, 50 2nd Avenue W.,returned to the podium and Mayor Kennedy gave him one minute to speak. Goodman commented that there's 166 if they all have to be re -drilled City will likely get sued. wells south of the project and it will cost $484,000 and the Mayor Kennedy closed the public hearing, thanked everyone for coming and stated written comments will be accepted until 5:00 p.m. Thursday, June 26. Harball reminded the Council that the verbal public comment period is now closed and members need to tell anyone approaching them about this issue to provide written comments. He said several legal issues were raised and those will be addressed on July 1. He said despite the "legal limbo" the City is in, until a determination is made by the Attorney General or Supreme Court, the Council has determined to go forward with planning requests and is doing everything they can to involve the public. ADJOURN The meeting was adjourned at 11:03 p. ATTEST: Theresa White City Clerk Approved July 15, 2002 Kalispell City Council Minutes Special Meeting June 24, 2002 Page 12