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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 Page 16 of 16