03-02-89 Parks Comm MinutesiPARKS/PUBLIC LANDS/ANNEXATION/BUILDING REGULATION COMMITTEE MEETING
March 2, 1989 4:00 P.M.
Present at the meeting were Councilmen Furlong (Chairman), Atkinson, Nystul, Hopkins,
Mayor Kennedy, City Attorney Neier, Surveyor Zavodny, Parks Director Baker, Building
Official Kerzman, Mike Fraser, Keith Wilson, David Greer, and Doug Johns.
Keith Wilson reported to clear it up for the record that Heritage Place will be a
for -profit organization and that their budget calls for $35,000 taxes to be paid
to the proper authorities.
C. Furlong stated this meeting is a continuance of last week's regarding Heritage
Place and opened the meeting.
Mike Fraser began the discussion and stated he had met with the parties involved
and would like to make a proposal whereby a 60' wide easement would be given to
the City and that along with the easement would be a Letter of Conditions whereby
that easement would be filed and become part of the records of Flathead County
with the easement permanently given over to the City of Kalispell. Those conditions
would have to do with the City widening or prohibiting parking on Windward Way
and/or Developers Diversified completing a preliminary Master Plan and propose an
alternate site for ingress/egress that may be more suitable than Windward Way.
C. Nystul asked Fraser where the original 70' road easement came from that is in
there now? Fraser stated that when Heritage Health Care purchased that an ingress/
40 egress was needed and Developers Diversified said they would make it a 70' easement.
Fraser read the compromise proposal. C. Furlong expressed his concerns about the
18 month deadline. He asked Fraser if in this agreement they will or have agreed
to a waiver of protest against an SID. Fraser stated the annexation petitions for
Heritage Health Addition and Heritage Place contain waivers of protest against
creation of SIDS.
C. Furlong presented a proposal to the committee for a longer time limit of 3
years to determine to develop/not develop that easement with the right if they
proceed to develop with a waiver of protest of annexation. If within that 3 year
period Developers Diversified has developed a master plan with internal traffic
acceptable to the City and this is not developed within that time, then we would
abandon that easement in lieu of a master plan for internal traffic within this
area.
There was a discussion about the wording of the easement. C. Nystul said he
thought 18-20 months .was a reasonable period of time to get the things done that
we need to do. He wondered if the curb and gutter was the right thing to do at
this time. C. Furlong said he thought 20 months was too short a period of time,
and he thought 3 years was a more reasonable length of time for everybody to come
up with a master plan.
Mike Fraser stated the final conditions would be a part of the final plat approval
and would not necessarily have to be worked out tonight. What does need to be
decide upon is the terminology.
Doug Johns asked C. Furlong what he meant by a waiver of protest against annexation,
what piece of ground? Furlong said this easement only.
C. Atkinson asked if there is a master plan being drawn up with the County in
con unction with the Evergreen zoning. Doug said he will be making formal appli-
cation to the board to amend the comprehensive plan on all of Developers
Diverisified's property.
There was a discussion regarding what road or roads would be curbed and guttered.
C. Nystul said he didn't think it advantageous to spend the dollars to put the
curbing in and come back in 2 years and tear up half of it because the ingress and
egress has changed. .Johns said he thought the curb and gutter needed to be on a
selective basis based upon development. C. Nystul stated there is a need for curb
and gutter on Windward Way as well as the east side by those apartments.
C. Nystul asked Johns' opinion of the 18-36 months? He said from their standpoint
the original 18 months is fine, but nothing short of that. He said they are
looking at moving directly ahead with a master plan.
C. Nystul proposed that instead of the 18 months we have 24 months with a provision
for a 1-year extension at the request of either party. He said the intent of that
is to encourage both parties to move it along but if either party finds that they
can't meet the requirements, to give a 1-year extension. Johns agreed with that.
C. Furlong asked if within the 3-year plan the City would have the right to
develop that as a roadway in lieu of any acceptable master plan by Developer
• Diversified which would better fulfill what the City perceives to be its needs for
traffic in that area. Johns said no, it must be after the 3 years is past.
C. Furlong said the City is insisting on the right to develop the roadway for
internal traffic.
Fred Zavodny said we should find out what is our concept of a master plan and
John's concept of an amendment to the comprehensive plan, which are two different
things.
David Greer said for the purpose of preliminary plat approval, the condition
should state that "an acceptable easement shall be worked out with the City of
Kalispell with the following provisions" then that becomes a part of the resolution
for adoption of the preliminary plat. Furlong asked if we go ahead and approve
the subdivision, what happens if we don't reach agreement on these other conditions?
Greer said that in all fairness if we agree on the 24-months with 1-year extension
proviso tonight, that will set the guidelines for developing the final easement.
There was further discussion of the easement. Fraser suggested what could happen
would be that 3 years could be the absolute maximum, but if the master plan with
Developers Diversified is completed early and the City completes their work early,
the easement could be filed earlier and the City could proceed with construction
of the roadway. There was further discussion regarding the easement if either
party failed to comply with the conditions.
C. Nystul stated what we need to agree to do for Monday night is agree that prior
• to the filing of the final plat the City and Developers Diversified have reached
an agreement for this easement. Greer said we should state that Developers and
> W.
the City will enter into an easement agreement such that an easement will be
provided after 3 years for the purpose of extending Windward Way to Heritage Way
and the subdivision cannot be platted unless the easement agreement is worked out.
Fred Zavodny stated it would seem that if manpower and equipment are building
Windward Way, we should keep on building right up to Heritage Way, which would
require a plan agreed upon by both parties.
At this point C. Atkinson stated that Keith Wilson is his employer and is employed
by Lantis, and he felt that it was a conflict of interest for him to vote, so he
would abstain from voting.
MOTION: C. Nystul moved that the committee recommend to the Council that the
Heritage Place Subdivision as proposed with the City and Developers Diversified to
enter into an agreement prior to the filing of the final plat regarding an easement
for a road right-of-way connecting Heritage Way and Windward Way with provisions
generally requiring the City to, as a minimum, have planned for the improvement of
Windward Way and allowing Developers Diversified to have developed a preliminary
master plan or propose a substitute easement for internal traffic flow within the
Heritage Way vicinity and further directing, that the agreement be reduced to
writing by the City Attorney and other interested parties for presentation to the
committee to refer back to the Council for their acceptance of the terms and
conditions for the easement. Atkinson seconded. Furlong said he would say aye
for the motion but he reserves the right at the Council to debate about any
problem that he foresees. Motion passed.
• Nystul requested exhibits to look over prior to Monday night.
Mike Baker requested a meeting at 4:00 P.M. Thursday, March 9.
Meeting adjourned at 5:25 P.M.
Shirley Hughes, Recording Secretary