A. Council Minutes - Regular Meeting July 6, 1998 & Reconvened on July 13, 19981
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, JULY 6, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND ASSISTANT
CITY ATTORNEY RICHARD HICKEL WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Nystul moved approval of the Agenda as presented, except upon the
advice of legal counsel, to move Item #3 to follow Item #12. The
motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting June 15, 1998
B. Approval of Claims per Payables Register-$582,056.81
Haarr moved approval of the Consent Agenda as presented with a
correction to the June 15 minutes on page 9, eight percent should
be eighty percent. The motion was seconded by Scarff.
There was discussion.
Boharski questioned a claim for legal fees on the Kalispell Center
Mall in the amount of $7,599.95.
Hickel answered those fees were incurred during negotiations with
Goodale & Barbieri concerning the purchase of the Equity Supply
property and the subsequent Development Agreement. He said in this
case, City Staff agreed that outside legal counsel should be
utilized.
Boharski asked Parks Director Mike Baker to explain a claim for the
Youth Athletic Complex involving $660.00 for regrading the soccer
fields.
Baker explained all the dirt has been moved in the area and the
rough grading is part of the project.
Boharski said it was his understanding the City agreed to pay money
toward the baseball fields only, and now money is being spent on
the soccer fields.
Baker said he had money in the budget and he felt the rough grading
was needed since people are waiting to start work on the soccer
fields.
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Larson asked whether a bill has ever been received from Mae Nan
Ellingson concerning her consultation with ValleyDome LLC.
Finance Director Amy Robertson said she thought that was going to
be paid by the engineers.
Scarff inquired as to tree work at the Central School in the amount
of $2,500.00 and whether that is included in the project cost.
Robertson answered the funds came out of the tax increment fund and
were listed as contract services.
Donahue questioned two separate claims from the Parks Department;
one for a Senior trip to Libby and one for backpacking supplies.
He said he doesn't think it's the City's responsibility to provide
trips outside the City.
Baker said the Parks Department has found that other entities are
not providing this service and he feels the City has a duty to the
Seniors as well as the younger people. He said a majority of the
Senior Programs are sponsored by different companies in the
community and do not cost the City anything.
Donahue said the cost is not the problem. He said he is not
speaking against Seniors, but is opposed to traveling outside the
City. Donahue said he feels other organizations should be taking
over these trips.
Atkinson commented that the Agency on Aging supports this program
and by utilizing an existing system already in place, the City is
getting the most for its money.
Boharski pointed out the Parks Department returns seventy one cents
on the dollar and is working toward seventy five cents by the end
of the fiscal year.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Randy Beaver, Columbine Glassworks, asked the Council to commit
$25,000.00 annually toward the Kalispell Business Improvement
District.
Dave Thornquist, 141 Riverview Drive, stated he represents the
Regency Corporation, a past bidder on the Haven Field property, and
he is upset with Dick Dasen wanting to subdivide the property.
Thornquist said as far as Daley Field, everyone understood that the
remaining two lots were to be sold to help with the airport and
ballfields, but now the Council is electing to lease the property.
Boharski explained the Developers Agreement between Dasen and the
City of Kalispell does not prohibit subdividing that property. He
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said concerning the remaining two lots on Daley Field, the Council
has not yet reached an agreement on whether to sell or lease.
Atkinson said his understanding is that the Developers Agreement
was for Dasen to develop the property, not subdivide it. He said
if the Agreement was changed, than it was changed without consent
of the former Council. Atkinson added as for Daley Field, his
recollection is that a vote was made to lease the property.
Haarr responded the motion was that the Council wouldn't lease or
sell Daley Field pending the Master Plan for the airport.
Larson said he agrees with Atkinson that the intent of motion was
to lease the land.
Nystul stated a point of order that Council members shouldn't be
discussing this during Hear the Public.
Council concurred.
RE-S)LTT TON 4412 - AUTHORITY TO SELL 1 LOTS IN TETON TERRACE
Hickel explained that on June 17, 1996, the City Council declared
an intent to sell 26 lots located in Teton Terrace for the benefit
of first time home buyers. He said H & H Enterprises recently
submitted the most appropriate proposal for Lots 24, 25, and 26,
and in order to properly transfer the property, the law requires
that the Council pass a resolution authorizing the sale.
Van Natta moved Resolution 4412, a resolution authorizing the
Mayor, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lots 24, 25 and 26, Teton Terrace,
a subdivision of Porta villa #2, Records of Flathead County,
located in the NEIA, of Section 12, T28N, R22W, P.M.M. , Flathead
County, Montana to H & H Enterprises. The motion was seconded by
Graves.
There was discussion.
Atkinson commented that normally the City Manager is authorized to
execute the documents as opposed to the Mayor, Finance Director and
Clerk of Council.
Donahue moved an amendment to the motion by substituting the Acting
City Manager for the Mayor in the execution process. The motion
was seconded by Nystul.
The amendment carried unanimously upon vote.
The main motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski
voting in favor.
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RESOLUTION 441 - AUTHORIZATION TO SELL 2 LOTS IN WOODLAND COURT
Hickel explained that Woodland Court involves the City -sponsored
building of single family residences under the same program as
Teton Terrace. He said in the latest round of proposals, Pacific
Homes and Land Inc. submitted the most appropriate proposal with
Resolution No. 4413 authorizing the sale of Lots 4 & 5.
Atkinson moved Resolution 4413, a resolution authorizing the Acting
City Manager, Finance Director and Clerk of Council to execute the
documents necessary to transfer Lots 4 and 5, plat of Woodland
Court, located in the SETA of SE'/4, Section 17, T28N, R21W, P.M.M. ,
Flathead County, Montana to Pacific homes and Land, Inc. The
motion was seconded by Graves.
There was discussion.
Boharski questioned the selling prices of eight and fourteen
thousand dollars, stating he feels the numbers are low.
Finance Director Amy Robertson answered the price varies depending
on the people that qualify. She said if you are at poverty level
the price is less.
The motion carried upon roll call vote with Donahue, Graves, Haarr,
Larson, Nystul, Scarff, Van Natta and Boharski voting in favor.
ORDINANCE 12.89 - ORDIN_ANCE 1166 AMENDMENT
Hickel said Ordinance No. 1166 provides that the Manager represents
the City in administration of local government service agreements
and intergovernmental administrative agencies. He explained the
ordinance specifically mentions the County Administrative Board,
City -County Health Board and City -County Planning Board and Zoning
Commission. Hickel said it has been suggested that the City Manager
should not be designated by Ordinance as the City's representative
and Ordinance 1289 would give the Mayor authority to designate
representatives.
Donahue moved ordinance 1289, an ordinance amending Chapter 2,
Administration, Kalispell Municipal Code by amending ordinance
1166, §§ 2-3, 2-28, 2-53 and 2-54, authorizing the City Attorney to
recodify said sections in accordance with this ordinance and
declaring an effective date. The motion was seconded by Nystul.
There was discussion.
Van Natta said he feels this is an erosion of the City Manager form
of government. He said he feels the bulk of the work the Boards
handle is administrative in character and it is better to have a
representative for the Council on those Boards than a Council
member.
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Atkinson agreed, stating he also feels it's a further degradation
of the Manager form of government.
Donahue stated that having proposed the ordinance, he fully agrees
with it. He said the problems voiced by Atkinson and Van Natta are
not valid because the Boards are dealing with policy matters that
should be in the hands of elected officials. Donahue added if the
Council decides somebody else should be a representative on the
Boards, this ordinance allows that.
Larson disagreed, saying this ordinance is just another step in the
wrong direction. He said he feels the Mayor just wants more power
and he doesn't see any reason to pass this ordinance. In addition,
Larson said he doesn't understand why a substitute should be
appointed for a Board meeting if the member can't attend. He said
it would take too long to bring the person "up to speed" on what the
Board's been doing.
Boharski answered the ordinance provides that the Mayor "may"
appoint a substitute, not "shall."
Larson said in that case, it shouldn't even be in the ordinance.
Atkinson moved to table the ordinance until City Attorney Glen
Neier can answer some of the Council's questions. The motion was
seconded by Larson.
The motion carried upon roll call vote with Atkinson, Graves,
Larson, Nystul, Van Natta and Boharski voting in favor, and
Donahue, Haarr and Scarff voting against.
AUTHORITY TO BID - SAMARITAN HOUSE PHASES III & IV
Hickel explained Phases III and IV of Samaritan House involve
exterior renovation of the existing structure and the four plexes
across the street. He said a motion authorizing the call for bids
needs to be made by the Council.
Van Natta moved the City proceed with the advertisement for bids
for Samaritan House, Phases III & IV. The motion was seconded by
Atkinson.
There was no discussion.
The motion carried unanimously upon vote.
EDGERTON TRAIL PROTECT - PROPERTY DONATION REQUEST
Hickel told Council members that Steve Lorch from the Flathead
Regional Development Office is requesting the donation of a tract
of land adjacent to Whitefish Stage for use as a bicycle/pedestrian
path. He said the property, which is approximately ten feet wide
at the northerly terminus and two hundred and fifty feet long, is
currently occupied by the Kalispell Golf Association pursuant to a
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lease with the City. Neier stated the Golf Association has agreed
to assist with the project, however, the City, as owner, must
donate the property to Flathead County for the use proposed.
Graves moved approval of the donation of the land. The motion was
seconded by Nystul.
There was discussion.
Nystul stated because of the odd shape of the property, an adequate
description needs to be done before anything is signed.
Lorch said a location map detailing the property will be included
with the paperwork.
Boharski asked who is going to pay for the fence relocation.
Lorch answered the project is eighty-seven percent federally funded
with Edgerton School picking up the remaining thirteen percent. He
said the City will not be involved.
Donahue said he wanted to point out that by involving FRDO in
something that is strictly a County project, the administrative
costs are being assessed to the three Cities as well as the County.
Haarr asked what plans are made for the children from Hillcrest
Estates to cross Whitefish Stage. He said the original plan was
for the path to be on the east side of the road, but now it's been
changed to the west side.
Lorch said the plan includes three or four designated crossings
with yellow flashing lights. He added the path was changed to the
west side because the cost of power pole relocation was
prohibitive.
The motion carried unanimously upon vote.
SETTING PRELIMINARY BUDGET HEARING FOR DULY 20, 1998
Hickel explained Montana law requires municipalities to hold a
public hearing on the Preliminary Budget prior to adopting the
Final Budget.
Nystul moved the Preliminary Budget Public Hearing be set for July
20, 1998. The motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
FIREFIGHTER APPOINTMENTS - CLIFFORD WILLIS AND JOHN STURZEN
Hickel said Clifford Willis has completed the probationary period
required to qualify for confirmation as a Captain with the
Kalispell Fire Department, and John Sturzen has completed the
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probationary period for appointment as a Lieutenant.
Assistant Fire Chief Orland Leland explained that Willis has worked
for the Fire Department for twenty-three years, Sturzen for
thirteen years, and this is simply a promotion.
Donahue said he sees nothing in the Statutes that the Council has
to approve a promotion. He said the men were already appointed
when they started as firefighters and this is unnecessary.
Hickel agreed.
Larson stated the Council has always confirmed promotions. He
suggested confirming the two promotions and then giving the Fire
Chief and City Manager future control.
Donahue countered it isn't necessary and if there's concern for the
City Manager form of government, than this should be seen as an
invasion of that form of government.
Boharski said he also feels it's not the Council's place to confirm
promotions.
Donahue moved that congratulations be made to Clifford Willis and
John Sturzen on their new promotions of Captain and Lieutenant.
The motion was seconded by van Natta.
There was no discussion.
The motion carried unanimously upon vote.
BOARD OF ADJUSTMENT APPOINTMENT
Boharski explained that when the City solicited applications for an
opening on the Board of Adjustment, the only letter received was
from incumbent member Jean Johnson. He said he would like to
recommend the reappointment of Johnson to the Board.
Scarff moved to accept the Mayor's recommendation and reappoint Jean
Johnson to the Kalispell Board of Adjustment. The motion was
seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
COUNCIL COMMENTS/INFORMATION/QUESTIONS
Larson said after Larry Gallagher (Director of Planning, Economic
and Community Development) resigned, a newspaper article quoted
Boharski as stating the previous two City Managers and the
majority of the previous City Council had wanted to get rid of
Gallagher anyway. Larson said that just isn't true and asked
Boharski where he got this information.
Boharski answered that the former City Manager, Clarence Krepps,
told him he was approached by five members of the previous City
Council about terminating Gallagher's employment. He added that it
is also his understanding that the former Interim City Manager, Al
Thelen, suggested that Gallagher should look elsewhere for
employment.
Larson said he still thinks Gallagher did a "great deal of good" for
the City.
Atkinson thanked Larry Gallagher and Ross Plambeck for their years
of experience and dedication to the City. He said he has heard
that Boharski is planning on eliminating the PECDD and wants
everyone to understand exactly what that department means to
Kalispell. Atkinson said because of the Planning, Economic and
Community Development Department, over fifty-two million dollars
have been invested in the City without any additional taxes or
assessments. He asked the Citizens to support the PECDD and speak
to the Council.
Boharski responded to Atkinson's accusation of wanting to eliminate
PECDD by stating the Mayor does not have the power to make any
decision unilaterally. In addition, Boharski said he has spoken
with Glen Neier concerning a replacement for Gallagher and was told
it would be better to leave that position open until a City Manager
is hired.
Nystul thanked Public Works Director Jim Hansz and his staff for
the long hours everyone worked to get the City's water problem
solved.
Boharski commented he has noticed grass growing on a couple of pods
in the new ballfield complex and asked Mike Baker to update the
Council on the progress.
Baker said the vegetation growing on the pods is volunteer and the
area will be re -seeded once the grading of the entire project is
complete. He said initial weed control measures have been
initiated in the barrow pit and along the run-off pond and the
irrigation system is being installed.
Boharski asked if there would be a possibility of under grounding
the utilities in that area while it's dug up.
Hansz said under grounding the utilities is a costly undertaking
and as far as he knows, it was never discussed.
Donahue asked Baker if anything has been done concerning barricades
at the City Airport. He said he heard that an elderly lady got
confused going west on 18th Street and started driving down the
runway.
Baker replied that the possibilities of placing barricades were
examined, but there are so many entrances the entire area needs to
be fenced.
Donahue said he doesn't know what the other Council members want,
but he wants some sort of barricade erected off 18th Street.
Atkinson inquired about the advertisement for a City Manager and
the salary range.
City Clerk White responded that ads were sent out last week with a
salary range of fifty to sixty-two thousand dollars.
Atkinson said he feels the salary range should be higher.
Nystul suggested the salary be discussed at the Work Session
Wednesday evening following Neier's return.
PUBLIC HEARING - MASTER -PLAN AMENDMENT
Due to the number of people expected at the public hearing, the
hearing has been re -scheduled for July 13t" in the Stagecoach Room
of the Outlaw Inn.
Boharski opened the public hearing and asked for a motion to recess
until July 13, 1998 at 7:00 p.m. at the Outlaw Inn.
Atkinson moved the meeting be recessed until 7:00 p.m. on July 13,
1998 at the Outlaw Inn. The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
Atkinson commented the hearing will not be televised and said if
the public is really interested, they should attend.
The meeting was recessed at 9:20 p.m.
THE MEETING OF THE KALISPELL CITY COUNCIL WAS RECONVENED AT 7;00
P.M. MONDAY, JULY 13, 1998, IN THE STAGECOACH ROOM AT THE OUTLAW
INN IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS JIM ATKINSON, JOHN GRAVES, DALE HAARR, DUANE
LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY
ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT ALONG WITH
FLATHEAD COUNTY COMMISSIONERS HOWARD GIPE, ROBERT WATNE AND DALE
WILLIAMS. NORBERT DONAHUE WAS ABSENT.
Boharski reconvened the meeting and re -opened the public hearing by
asking the petitioners of the Master Plan Amendment to give their
presentation.
Bob Dagenais, representing Temcor of Carson, California, gave a
slide show of several aluminum domes across the country that his
company has designed.
Max Battle, Attorney for ValleyDome LLC, in answer to several
questions by Citizens for a Better Flathead, stated that despite
suggestions of the Flathead Fairgrounds and Airport, developers
feel the NuPac property is the best location for the Dome. He said
he can assure everyone that no request for taxpayer dollars will be
made and because of that, no public vote is needed. Battle added
that tax increment funding would be considered if available, but
they don't need it. He said several concerns have been expressed
that the commercial development will adversely affect the downtown
business district, but his clients feel it will actually enhance
the City's ability to redevelop the downtown area. More importantly,
Battle said he doesn't think it's the government's job to decide who
gets to compete with who. As far as guaranteeing the Dome, he said
he can't do that, however, everyone involved has spent "one whale of
a lot of time, effort and money" to push forward with the project.
Battle said three lenders are interested in the Dome, but before
anything further can be done, his clients need authority to build
on the site. In conclusion, he feels the proposal is a less
intensive use of the land and a more "community -friendly" use.
Jim Lynch, President of NuPac, said he can offer three guarantees;
1) NuPac can continue to operate the property as an industrial
site; 2) NuPac can sell it to another industrial company or; 3)
you can allow the City Council to change the Master Plan to allow
something other than industrial. He said he had an offer to sell
the property for a hazardous waste dump site, but the family felt
the community deserved something better. Lynch said the City has
an opportunity to allow Kalispell to grow and to create a tax base
that will help pay for water and sewer. He said the million and a
half tax base created from the development will "dump a heck of a
lot of tax revenue into this community" and he can't think of a
better way to improve the north of Kalispell and the economics of
the area. Lynch stressed this isn't about money and the developers
trying to pull a "sham" over the community, it's about changing the
focus of the Flathead Valley.
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Narda Wilson, Flathead Regional Development Office, said the
proposal went before the Planning Board on June 9, 1998, and after
some lengthy discussion and a five to four vote, the Board
recommended that the City Council and the County Commissioners
approve the Master Plan Amendment. She said despite the Planning
Board's recommendation, she still has problems with a strictly
commercial designation and feels the amendment does not meet the
goals and policies of the Master Plan. Wilson said her office
recommends that if the amendment is approved, some reasonable
guidelines be made as part of that approval to give the public some
assurances as to what the project would actually look like.
Proponents
Bob Hafferman, 1337 3rd Street W. , said it's refreshing to hear an
entity come forward that intends to use its own money for a
development and the NuPac property seems like an ideal site. He
said he was concerned about the City paying for the water and sewer
lines, but Battle has convinced him the taxpayer will not have to
pick up those costs.
Scott Cloninger, 4010 US Highway 93 So., President of Cycle Riders
Inc., stated he is in favor of the ValleyDome for flat track races.
He said he is also a member of the Weapon's Collectors Society of
Montana and the ValleyDome would be a great place for gun shows.
Dave Meredith, 280 Summit Ridge Drive, said he is a member of the
Board of Directors of the Flathead Business and Industry
Association which represents over thirty five businesses in the
Valley. Meredith said they are in support of any growth to
Kalispell and believe the City's Main Street should run from West
Reserve to Four Corners.
Gilbert Bissell, 76 Stafford Street, Owner of the Aero Inn, said
efforts have been made to build a civic center in the past, but
this is the best opportunity that's ever been presented.
Laurie Smith, West Glacier, stated the project will change the
scope of the Flathead Valley by giving it the opportunity to stop
relying on natural resources for the tourism trade.
Joseph Unterreiner, 633 1st Avenue E., said he represents the
Kalispell Chamber of Commerce and recited from a written statement
from President Kim Moss, that eighty-six percent of the membership
supports the facility. He said the Dome would enable the City to
attract a whole new category of conventions and trade shows and
would provide a significant addition to the tax base. (written
statement is attached and incorporated herein as if set forth in
full at this place)
Steve Staneart, 471 Cougar Trail, Whitefish, Center Director for
Salvation Army, stated a large part of his job is dealing with
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disadvantaged youth in the community and the Dome will give him a
tool like no other tool in this area for youth activities.
Clarice Ryan, 253 Pine Needle Lane, Bigfork, said she originally
had some reservations about the project but one of the things that
made her reconsider is the convention center aspect of the project
because without it, there would have been no way to fill the Dome.
(?)Craig Scott, Whitefish, member of Citizens for a Better
Flathead, said the key question is whether Flathead Valley
residents are better served with the existing I-1 Industrial zone
or the proposed B-2 Commercial. He said Flathead Valley Community
College, Ole's and the Athletic Club have already set the tone for
transition in this zone away from agricultural and industrial uses
and he supports the plan amendment which will positively affect
everyone.
Jason Martell, 250 Shawnee Drive, Bigfork, representing Martell
Construction, The Gallatin County Ice Garden and The Bozeman Ice
Dogs Junior Hockey Franchise, said a privately funded, multi -use
facility and hockey franchise can be an overwhelming success. He
said in its first year, the Bozeman Ice Dogs drew more fans than
Bobcat football and basketball combined, and Kalispell, not having
the same competition, can be even more successful.
Bill Lincoln, 203 Lakeshore Drive, Lakeside, commented that the
movement from a more restrictive industrial to a less restrictive
commercial zone would be automatic in every community in the State
of Montana except for one. He said here we're fighting about it,
even though the decision should be an easy one.
Wayne Powell, 420 2°d Avenue E., Wayne Powell Architectonics, stated
the downtown area will not suffer from the Dome because downtown is
already suffering and needs a new renaissance.
Greg Stevens, 31 Lower Valley Road, Member of Kalispell City -County
Planning Board, said the FRDO staff recommended a PUD but his first
reaction was it would kill the project. He said he feels it's an
appropriate change to the Master Plan and as Kalispell grows,
change is inevitable.
(?)Carol Bremer, Lakeside, remarked she wants the Dome for selfish
reasons because the next time Garth Brooks comes to Montana she'd
like to see him in Kalispell.
Russell Crowder, 2868 Lower Lost Prairie Road., Marion,
representing Montanans for Property Rights, said the rights of the
property owner hasn't been mentioned and it's the right of the owner
to use their property as he or she sees fit. He added the only
exceptions to that rule is if it would serve the public interest to
deny that right or it would create a public harm. Crowder said when
you look at this project neither of those conditions apply and his
organization very enthusiastically supports the amendment.
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(?)Les Farrington, 266 Buffalo Hills Drive, said he is in favor of
the Dome but asked the developers whether they were involved with
any domes which were not in the end, or along the way, supported by
the taxpayers.
Boharski suggested the question be answered during the developers'
closing.
Russ Linnell, 1943 Bluestone, President of PROMO, a local sports
promotion company, said he helped pass out twenty five hundred
brochures and only ten of the people spoken to voiced opposition.
He added during a recent conversation with the owner of the Utah
Jazz, Larry Miller, he was told by Miller that the Jazz wants to be
the first team to play in the Dome.
Jerry Begg, 220 Woodland Avenue, remarked the timber and forest
products industry has been devastated over the past ten years,
mining is no longer around in the Valley and agriculture is
declining. He said about the only thing we have left is the
tourism industry and the ValleyDome can add more growth and more
jobs.
Trent Massie, 437 2nd Avenue E., said the Council and Commissioners
have the opportunity to give the young people a lot of great things
to do and it would be a shame if the amendment wasn't passed.
Bob Gertz, 2041 Mission Trail Road., commented that in 1983 he was
involved in the Junior Hockey Memorial Cup in Portland and from
experience he can say the Dome will be a real asset to the area.
Kevin Dunnigan, 250 Arbour Drive, said he wants to clarify that he
and approximately twenty others in Country Estates that he knows of
are in favor of the project, and he feels the Homeowners
Association is acting on its own behalf when opposing the project.
Dunnigan said the Valley needs economic development and this is the
opportunity.
Pam Kennedy, 1036 6th Avenue W., said the property is ideal for a
commercial development and the community should do all it can to
clean up the north entrance. She said the current Master Plan was
adopted in 1986 and since then, this area has seen an influx of
residential property, a church, a convenience store, a business
office, FVCC and the Athletic Complex. Kennedy said the precedent
has been set for this area and adopting the amendment would
coincide with the Master Plan's growth management guidelines. She
said whether the Dome is built or not, commercial development will
be a better use of this property and annexation to the City will
significantly increase the tax base.
Mike Larkin, 125 Hemlar Creek Drive, said he moved back to Montana
a year ago and unless the government allows for growth in
Kalispell, he is going to put a "for sale" sign on his house. He
said without the Dome, people will not come to the area and people
that live here will leave.
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(?)Ray Brown, 275 North Fork Road, a member of Whitefish Hockey
Association, said the facility will keep the interest in hockey
growing.
Mike Collins, Whitefish, President of Big Mountain, remarked
economic growth boils down to in -flows and out -flows of dollars.
He said as long as the in -flows are greater then the out -flows, you
have a healthy community. Collins said the Dome will help tap into
the tourism market in a number of ways.
Paul Weiner, Director of Marketing and Public Relations for
Cavanaugh's Hotels, stated Cavanaugh's Hotels believe the addition
of the Dome will bring conventions, trade shows and added tourism
which would benefit the whole valley.
Jim Pierce, 180 Kelly Road, encouraged support for the Dome so that
in five years the City doesn't look back and say it blew it.
Bill Campbell, Columbia Falls, a member of the Board of Directors
of the Flathead Equestrian Foundation and President of Montana
Reigning Horse Association, said Kalispell needs a big facility to
put on large horse shows. He said Billings is the only place in
Montana that can handle four hundred horses.
Fred Kluesner, 1418 Woodland Avenue, quoted Ronald Reagan who said
"progress is our most important product."
David Riddle, 2209 West Reserve Drive, said "ditto" to all the
previous statements and submitted a written letter in support of
the amendment from Rebekah King.
Opponents
(?)Martha Savedale, 370 Spring Prairie Road, stated she is
concerned that the commercial zoning will mean that all entrances
to Kalispell will be developed. She said the three existing malls
still have vacancies.
Tom Tornow, 100 2°° Street E., Attorney for Citizens for a Better
Flathead, said the Board supports the concept of the Dome, however
based upon the information available at this time, the organization
is forced to oppose the request of the applicant without a Planned
Unit Development. He said a PUD enables a municipality to
negotiate with developers and recognizes the importance of
encouraging and making it financially worthwhile for developers and
investors to undertake PUD projects by permitting a more
intensified utilization of vacant land. Tornow said by
implementing the PUD, the applicant wouldn't lose any of the
proposed uses, however, it would allow the community to put a time
frame on the project. He said if the project is abandoned or isn't
completed within that time frame, then the zoning would revert back
to the original classification. Tornow said the PUD is basically
a contract between the community and the developer to ensure that
both get what they bargained for. He said after attending the
hearing before the Planning Board, he could not identify a single
negative comment that could not be remedied by a PUD. Tornow added
15
a PUD would alleviate the concerns of the community that we could
end up with sixty acres of commercial property without a Dome.
Melissa Case, 506 3rd Street W., representing Hotel and Restaurant
Employees Local 427, said in the early stages of the project the
Union realized the developers were seeking to use Union Pension
Trust Fund money. She said conversations were pursued with the
developers about signing a Labor Peace Agreement or Neutrality
Agreement because it is becoming the union's standard practice to
better control where the members' money is invested, and to avoid
an investment in property where there could potentially be labor
disputes. Case said the Labor Peace Agreements are legally binding
and help to avoid costly disputes which are very destructive to a
community. She said several months ago conversations with the
developers ceased, and she has had no response since, despite
several attempts to resume communication. At this time, Case said
it's the uni.on's opinion that the proposal lacks fiscal viability
and leaves her in the position of telling members they should not
invest in the project.
Don Spivey, 2231 Cedar Lane, Whitefish, (written statement is
attached and incorporated herein as if set forth in full at this
place)
Don Bauder, 538 5t' Avenue E., said he is most concerned with the
financial viability of the project. Bauder related he was involved
in two campaigns to build arenas in Colorado Springs, the first
was to be publicly funded, but was defeated by a vote of the
citizens. He said the second arena, privately funded, was
completed this year and seats eighty-five hundred people for non -
ice events and seventy-five hundred people for hockey games.
Bauder said the arena cost approximately fifty million dollars and
because of large contributions from the City, companies and private
citizens, it is ninety-nine percent debt free. He said what makes
that arena financially viable is the low debt load and the size of
the surrounding population. Bauder said unless the principles
commit a huge sum of the profits from the sale and development of
the thirty-five acres to keep the debt load low, how can the
ValleyDome support itself and provide a return.
Bill Breen, 335 Mountain Meadow Road, said his primary objections
to the Master Plan Amendment are the extension of commercial zoning
for a limited number of landowners at the expense of surrounding
landowners, traffic congestion and the potential cost to taxpayers
for the extension of sewer and water with no assurance the Dome
will ever be built. He also encouraged official to attach a PUD to
the Amendment.
Colleen Semple, 1413 6th Avenue E., commented that she would like
some clarity to the project and supports a PUD. She said she
doesn't understand the opposition to a PUD because the developers
have indicated they would like the Dome ready for the 2000 Hockey
Season. Semple said last year the amendment wasn't passed and this
year it shouldn't be passed based on pictures of a Dome.
John de Neeve, Willow Glen Drive, said Honolulu, where he moved
from, went through a fifteen year unplanned boom for tourism and he
sees the same pattern in Kalispell. He said he doesn't see a future
vision here for the next twenty years, and until we have a plan,
officials shouldn't be changing the land designation just because
one party wants it.
Richard Bedrin, 2135 Highway 2 W., agreed the gravel pit is ugly
and the property would be enhanced by a dome, but what he's
concerned with is where the gravel pit will be relocated. He said
he'd like to know the answer as to where the pit is going before
approval is granted.
Eugene Graf, 900 West Reserve, said he is worried about the traffic
that will be generated from the commercial development. He said in
addition, he's also worried about urban sprawl and the effect the
development will have on the beauty of the Valley.
Lex Blood, 844 3rd Avenue E., said it's important to understand that
the request being considered is the irrevocable dedication of sixty
acres adjacent to the only significantly undeveloped access to
Kalispell. He added despite the name of the proposal, the
ValleyDome, the only thing we can be certain of is sixty acres of
unneeded commercial sprawl. Blood said everyone agrees the Valley
needs a large public facility, however, this is the least assured
piece of the proposal. He said we should move forward on a
carefully defined and open process to select a site which would
best utilize the existing infrastructure, determine the appropriate
design of the facility and the necessary funding and related
financial arrangements.
(?)Jenny Dennison, 1571 Conrad Drive, said she grew up in Great
Falls and the Four Seasons Arena there has been plagued with
problems. She added she doesn't think the ValleyDome will secure
the financial future of the Valley.
Rita Kline, 372 Ponderosa Street, read a letter earlier submitted
to the Council and Commissioners. (letter is attached and is
incorporated herein as if set forth in full at this place)
(?)Art Schwager, 150 Tronstadt Road, stated he's not against
progress but he doesn't want the Valley to grow in leaps and bounds.
He said he doesn't want to be like Missoula or Spokane and he feels
we're sacrificing value and quality of life for the "almighty buck."
Dale Luhman, 169 Trail Ridge Rd., Country Estates Homeowners
Association, said he's concerned that the Planning Board deleted
FRDO's recommendations without any basis of fact and because of
that, he contends the approval of the Planning Board is void. He
criticized Dale Williams for speaking in favor of the amendment at
the Planning Board hearing, stating that tainted the process.
Luhman said because of the lack of Findings of Fact, he feels it
17
would be illegal for the Council to vote on the issue at this time.
Instead, he suggested a Neighborhood Plan be developed to determine
if this area is the best location for this Dome.
Woody Nedom, 326 Whitecap Lane, Bigfork, said Kalispell is slowly
becoming indistinguishable from other places like Spokane in the
sense that it's sprawling. He asked if growth is so wonderful, why
isn't Kalispell twice as well off as it was when it was half the
size? Nedom said if the amendment is approved, a PUD should be put
in place.
(?)Susan Schwager, 150 Tronstadt Road, Bigfork, said she's not
convinced the City limits need to be moved that far north of town
and if it is, there won't be any control on what fills in the area.
She added she's not convinced this is the best spot for the Dome and
asked if commercial is the best option for this gateway to our
visitors.
B.J. Carlson, 375 Grandview Drive, Citizens for a Better Flathead,
said a Planned Unit Development is absolutely necessary to give
this community some assurance the Dome will be built. She said
this is a monumental decision and additional information needs to
be gathered before making a change.
Herb Koenig, 430 Church Drive, agreed that a PUD is a "must" and
along with that, the increase in traffic needs to be adequately
addressed.
Marye Flowers, 2770 Upper Lost Creek Road, Whitefish, stressed that
the issue is not the Dome, but the Master Plan amendment, and
without some kind of assurance that the Dome will be built the
amendment should not be granted. She said the Council has made
commitments that depend on selling property at the south end of
Kalispell and she questioned whether commercial development at the
north end wouldn't deem those areas unsalable. In addition, Flowers
said she wonders whether proposals to revitalize Gateway West Mall
will be viable if a new commercial area is approved. She told
Council members they can't do it all and priorities have to be made.
Pauline Sjordal, 234 3rd Avenue W., said she is not speaking for or
against the amendment, but expressed concern that many of the
Council members made up their minds prior to this hearing. She said
she hopes that testimony presented is considered carefully and the
Council keeps an open mind. Sjordal said her main concern with the
Dome is its size and if the average citizen can afford a seat.
Richard Kirchhoffer, 306 Lupfer Avenue, Whitefish, said he was
impressed with the proponents but he's concerned about the planning
process.
Rahut-t-a l
Battle stated a Montana Supreme Court decision in Ashgrove Cement
L;]
vs. Jefferson County ruled it is illegal to attach conditions to a
Master Plan amendment change. He said you have to go through the
Master Plan process and then the zoning. Battle said he told the
Planning Board that over a month ago.
Larson remarked he doesn't think it's appropriate to have the
developer's attorney debate everything said by the opponents.
Boharski said he announced the procedure for the hearing would
allow the proponents to close on their proposal and no one opposed.
Battle said the project will benefit all the property in the
Valley. He said it adds a tax base that pays for schools, police
and fire and emphasized the developers are not asking taxpayers for
any money. Battle stated Lynch is not a principle in the
ValleyDome, he simply owns the land. He said he gets the impression
that FRDO would like to provide a development plan as to exactly
what everything will look like, but the developers investing the
money should have that decision. Battle commented as far as
selecting the site, if the public wants to build the project, then
the public can select the site, but if private money is going to
build it, then private money has to put it where they think it will
succeed. He said change is coming and the alternative is Virginia
City and Nevada City, both of which died.
Questions from Council and Commissioners
Williamson said Luhman indicated he was representing the Board of
the Homeowners Association for Country Estates and asked if he
polled the residents.
Luhman answered he is a member of the Board and was elected to
represent the homeowners. He added however, the residents were not
actually polled.
Williams then asked if Turnow or Carlson could answer whether
members of Citizens for a Better Flathead had been polled.
Turnow said the Board held a meeting to discuss the proposal and
the majority decision was to oppose the project.
Carlson answered the members were not polled.
Atkinson asked Battle if the thirty five acre commercial area, once
purchased from Lynch, will be sold to another developer.
Battle said there are several possibilities. He said if a primary
developer wants to develop the parcel and it can be sold at an
acceptable price, then the money can be put into the Dome project.
Battle added an institutional lender is interested in financing the
entire project, all sixty acres, and if that lender comes through,
then the ValleyDome group would go on and develop the entire site.
He said if that happens, but he won't guarantee it, then the Dome
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and the commercial development will proceed simultaneously.
Atkinson asked if ValleyDome LLC will have any say on the look of
the commercial development if it is sold.
Battle answered they won't sell it otherwise. He said the Dome and
the commercial development will share access, drainage, sewer,
water, snow removal, etc. and for that to happen, ValleyDome LLC
has to have a say over what occurs.
Larson asked Battle why the developers are so opposed to a PUD.
Battle said in his experience, PUD's have killed more projects then
they've made possible. He said after seeing FRDO's report, he has
extreme doubts this project can proceed with a PUD.
Boharski commented that even though several people mentioned a
study hasn't been conducted, in fact a study was done in 1991 that
determined that approximately two hundred and ten events would be
anticipated per year and would be necessary to support a facility
of this size.
Scarff asked if the entire site was developed, how many Conditional
Use Permits would be required in contrast to the area being
developed piece meal.
Battle answered if the whole parcel is developed at once then all
the CUP's can be addressed at one time, if separate parcels were
sold, then the Council would have a say everytime.
Nystul questioned Neier as to whether the Master Plan Amendment
could legally include a PUD.
Neier said the decision in Ashgrove Cement vs. Jefferson County
prohibits the placement of conditions upon the granting of a Master
Plan Amendment.
Nystul asked if the resolutions before the Council at this time
contain sufficient Findings of Fact to proceed.
Neier answered the resolutions were not prepared with established
Findings of Fact because you have to wait until the public hearing
to determine those.
Van Natta asked if the developers would have to come back before
the City if they stayed within the County's jurisdiction.
Neier answered no.
Battle responded the developers want to come into the City and
obtain City services. He said without the City, they don't know
what they would do with the sewage.
20
Williams commented he would place a dim view on this caliber of
construction and usage without City services.
Gipe closed the public hearing on behalf of the County
Commissioners.
Boharski closed the public hearing on behalf of the City Council.
Haarr moved a recommendation to amend the City -County Master Plan
from Industrial to Commercial for the area in question and direct
the City Attorney to prepare the necessary documents for final
approval. The motion was seconded by Scarff.
There was discussion.
Larson asked the Council to separate the ValleyDome issue from the
Master Plan Amendment to allow commercial in that area. He said
the land will not remain an open pit forever, it will be reclaimed
some day, and there will be other uses for it. Larson said the
decision is irreversible, and he hopes the Council will concentrate
on the question of whether we want sixty acres of commercial in
that area.
Haarr commented the issue is one of land use and he can't see why
we continue to accept Industrial, which is at the bottom of the
totem pole as to the use of land. He said in 1950 there were ten
thousand people living in Kalispell and in 1990 there were barely
eleven thousand, nine hundred which means in forty years the City
grew by only twenty nine hundred people. Haarr said years ago the
Council should have placed a four and a half mile line around the
City and planned to annex that area by the year 2000. As it is, he
said the way Evergreen is going, it's going to be able to buy and
sell Kalispell. Haarr said Kalispell has to "come out or we're
doomed." He said if you don't want commercial in that area, then
all you want is higher taxes.
Atkinson asked why Kalispell doesn't annex Evergreen.
Haarr answered the City can't afford the improvements it would take,
the sidewalks, streets, etc.
Atkinson said he feels we're headed down the same road as LaSalle
by spot zoning and encouraging commercial development in this area.
He said possibly it's the objective of many people to create
commercial property from Reserve to Four Corners, but he added
that's not the objective of the people he's spoken with who want to
live here.
Boharski said people in Kalispell are almost "tapped out", which was
confirmed during the last election when voters denied a mill
increase to buy a fire engine. He said we can't continue to support
services without having an economic benefit, and this is the first
P41
time he can remember that developers of a project of this magnitude
have asked to come into the City. He said several projects have
been postponed because the City just doesn't have the money.
Boharski stated this project would not only increase the tax base,
but would give additional activities for citizens to participate
in. He assured people if he is the deciding vote, there is no way
strip development will be created along Highway 93 North.
Van Natta said he has reservations about the change. He said he
likes the idea of a sports arena but he has doubts it can pay for
itself, Van Natta commented he's disappointed that conditions can
not be placed on the amendment because he feels the City is a lot
better planned than areas like Evergreen.
Larson said a lot of discussion has centered around the increase in
the tax base, but the suggestion was made that the tax base could
actually be reversed by allowing this additional commercial to be
built. He said it could have a detrimental effect on the malls
already in Kalispell. Larson remarked as far as the bond issue for
the fire engine, the reason it failed was because Boharski, and
other members of the Council, actively campaigned against it.
The motion carried upon roll call vote with Graves, Haarr, Nystul,
Scarff, van Natta and Boharski voting in favor, and Atkinson and
Larson voting against.
Atkinson moved to adjourn.
The motion carried unanimously.
The meeting was adjourned at 12:44 a.m.
Wm. E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
(Letters submitted prior and up to the public hearing are attached
hereto and by this reference are made a part of the official
record)