Meeting Minutes 9/4/01The motion carried unanimously upon roll call vote with Counsell,
Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski
voting in favor.
RE90hUTIO14.655=-_-RESOLUTION OF INTENTION TO -AMEND MASTER PLAN'
This resolution sets a public hearing date for September 17th on a
master plan amendment request from Wolford Development, Inc. and
Stokes and Associates. The request is to amend the land use
designation of approximately 144 acres of land at the east side of
US Highway 2 from industrial, residential and agricultural to
commercial.
Scarff moved Resolution 4655, a resolution of intention to adopt,
revise or reject a recommended amendment to the Kalispell City -
County Master Plan. The motion was seconded by Haarr.
There was discussion.
Kenyon said he feels "rushed on this" and there are some issues
that need to be addressed prior to the public hearing. He said he's
not sure of the impact of the development and would like to see
economic and traffic studies. Kenyon said he would like the
developer to provide this additional information so that the public
has a better idea of the project prior to the public hearing.
Boharski stated for clarification, the Council is not considering
any development on this site. He said the Council is discussing an
amendment to the master plan and it would be inappropriate to take
up the details of any specific project on this site.
Haarr said this vote should be simple because it gives the Council
an opportunity to hear what people think and gain information.
Van Natta said the plan is to consider a final resolution on
October 1st. He said he understood under the new law that the old
master plan can't be amended after October 1st and questioned
whether that's a conflict.
Kukulski said there are differing opinions on the October 1st
deadline, but on the other hand, Council members have to be
comfortable that all of their questions have been answered prior to
acting on the amendment. He said the only thing the Council's doing
tonight is setting the public hearing.
Leistiko asked when the Council will hear from City staff on the
project and whether it will be before the public hearing.
Kalispell pity Oofl .sine =
September 4, 2001
Page 13 of;�6;A'
Kukulski said a work session is scheduled for September 24th, after
the public hearing. He said at that time comments from the
developer, staff and the public will be discussed.
Kenyon said he still feels citizens need all of the information
prior to making comments at the public hearing.
Leistiko agreed. He said people are asking him questions about the
project and he doesn't have any answers.
Kukulski said the important thing to remember is that the public
hearing is to get comments on information already received through
the planning process.
Van Natta said it's unfortunate that a proposal is involved,
because the Council should just be looking at what's the best use
for that parcel of land. He said a lot of the questions being asked
now need to come up at the point when the Council actually receives
a project proposal and has to decide whether to provide sewer and
water service. Van Natta added, however, because a proposal is
involved it "really clouds the thinking of everybody".
Leistiko said he' s still concerned that the public doesn't have the
information it needs on the effects to the City before the public
hearing.
Larson agreed, stating it's hard to separate the proposal from the
amendment. He said everything in the planning packet refers to a
shopping center and he doesn't know how to separate them because
you already know what's going to go there if approved.
Neier said the Council doesn't know what's going to go there. He
said if the master plan amendment is granted, it doesn't guarantee
the mall. Neier said once the land is zoned commercial, the
developers could put in a Wal-Mart superstore. He said the Council
needs to focus on whether commercial is the proper use for that
property.
The motion carried upon roll call vote with Counsell, Haarr,
Scarff, Van Natta and Boharski voting in favor, and Kenyon, Larson
and Leistiko voting against.
Diane Conradi, CFBF, stated the Mayor did not wait long enough
after asking for public comment and asked that the vote be set
aside.
Kalispell City Council Minutes
September 4, 2001
Page 14 of 16
Van Natta moved to reconsider. The motion was seconded by Kenyon.
The motion carried upon majority voice vote.
Haarr moved Resolution 4655, a resolution of intention to adopt,
revise or reject a recommended amendment to the Kalispell City -
County Master Plan. The motion was seconded by Scarff.
Public Comment
Diane Conradi, CFBF, said it's up to the Council to decide whether
the commercial designation is consistent with the kind of growth
you would like to see. She commented that Bucky Wolford has done
his homework, now it's time for the Council to do theirs. Conradi
encouraged the Council to give attention to detail and require an
economic impact analysis. She said the Council needs to look at the
impact to the tax base of the City for growth occurring outside the
City.
Jean Johnson, Stokes & Associates, said the Council is losing site
of the issue that Wolford asked for the property to be annexed two
years ago and the City rejected his request. Johnson said Senate
Bill 359 then came along and he has made numerous requests to
discuss the ramifications, without result. He said comments have
been made that the October 1st deadline isn't a problem, but his
client thinks it is and is hesitant to spend money on a traffic
study until they know where the approaches are. Johnson added
there's also no requirement for an economic analysis, however, they
would be happy to provide one if criteria can be provided and the
cost is reasonable. He said first, the City has to decide whether
it wants to be involved in this development or not.
Scott Williamson, Wolford Development, said the company has every
intention of working with the City, but they need to get the
process started. He said annexation has been their intent all along
with their first preference being tied to the sewer system.
Ken Kalvig, Attorney for Wolford Development, stated the issue
before the Council tonight is merely a vote to move the process
along with a public hearing on the 17th. He said he can't imagine
why the Council wouldn't want to move it into the public forum.
Kalvig said even though there are conflicting opinions concerning
the October 1st date, he feels it's a problem for him, his client
and the City of Kalispell in regards to this project. He said,
therefore, he feels it's important to get a master plan amendment
and zone change accomplished before October 1st. Kalvig stated he
doesn't have the answers for what will happen after October 1st,
Kalispell City Council Minutes
September 4, 2001
Page 15 of 16
absent a growth policy, but he feels it furthers the possibility
that there could be litigation. He said he also gets concerned when
he hears Council members indicate that the vote on the master plan
amendment may be a means to control specific developments within
Flathead County. Kalvig said the Council should "think long and
hard as to whether that is an appropriate way to use your votes
when a request comes before you to amend the master plan".
The motion carried upon roll call vote with Counsell, Haarr,
Scarff, Van Natta and Boharski voting in favor, and Kenyon, Larson
and Leistiko voting against.
MAYOR/COUNCIL/CITYMANAGER'S REPORTS
Kukulski assured the Council he has been working on the Grandview
gravel pit issue and has been in contact with the neighbors despite
Mr. Van's comments.
Leistiko requested an agenda item for the next work session for the
Council to decide whether it supports the streetscape project and
if it does, to start the process.
Kukulski said he has already scheduled a streetscape work session
for September loth and at that time Council will have to decide
whether to approve some "serious expenditures" for the project or
deny it.
Council was reminded there's a public hearing scheduled for October
15th to consider how the downtown TIF money will be spent.
ADJOURN
The meeting was adjourned at 10:50 p.m.
ATTEST:
Theresa White
City Clerk
Approved September 17, 2001
Wm. E. Boharski
Mayor
Kalispell City Council Minutes
September 4, 2001
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