09/04/01 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, SEPTEMBER 4, 2001, IN THE COUNCIL CHAMBERS AT CITY
HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED.
COUNCIL MEMBERS DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE
LARSON, FRED LEISTIKO, DOUG SCARFF, ROW VAN NATTA AND CITY MANAGER
CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. COUNCIL
MEMBER JIM ATKINSON WAS ABSENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haazr moved approval of the agenda. The motion was seconded by
Scarff.
There was no discussion.
The motion carried unanimously upon vote.
CONSENT AGENDA APPROVAL
1. Council Minutes - Special Meeting August 2, 2001
Council Minutes -- Regular Meeting August 20, 2001
2. Approval of Claims per Payables Register - $422,445.96
3. Postpone Action on Bid - Four Wheel Drive Module Ambulance -
Fire Department
Bids were opened for a new ambulance on August 23rd. Staff is
reviewing the bids and will have a recommendation at the next
meeting.
4. Award Bid - Dual Frequency GPS System - Public Works
Department
Two bids were opened on August 27th for survey equipment.
Inland GPS of Cody, Wyoming bid $38,914.70 with Selby's ESSCO
of Billings bidding $34,750.00. Staff recommended the bid be
awarded to Selby's ESSCO.
5. Recognition - Kalispell Police Promotion
On September 1st, Mark Mulcahy was promoted to Sergeant of
Patrol.
Scarff moved approval of the Consent Agenda. The motion was
seconded by Van Natta.
There was discussion.
Haarr questioned a $240.00 claim for transcription services for the
Special Meeting August 2nd.
Kukulski said in the interest of saving the Clerk's time, it was
determined to have an outside party transcribe the minutes
verbatim.
Haazr moved an amendment to delete payment of a claim on Page 8 in
the amount of $144.00 for Rotary Club dues for the Kalispell Police
Department until the Council has a chance to discuss a meal and
dues policy. The motion was seconded by Scarff.
There was discussion.
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Haarr said Rotary dues cover a variety of things, including a
magazine subscription and donations to charities. He said citizens
may not want to pay for some of the things associated with the
Rotary. Haarr said Rotary dues, along with dues to other
organizations, should be discussed by the Council and a policy
established.
Leistiko agreed the issue should be discussed, however, he doesn't
feel the claim should be deleted. He said apparently the dues have
been paid for several months and until a policy is established, he
doesn't see any reason for not paying this one.
Larson said he will support Haarr's amendment because he also
agrees the issue should be discussed, but he added there will be a
lot of other issues discussed at the same time, such as the Mayor's
membership to Who's Who.
The amendment failed upon a tie roll call vote with Haarr, Larson,
Scarf and Boharski voting in favor, and Counsell, Kenyon, Leistiko
and Van Natta voting against.
Boharski also questioned the need for outside help with the
transcription of the August 2nd minutes. He said it's been about
six weeks and he feels the Clerk should have been able to do it
herself.
Kukulski said a large portion of the Clerk's job is doing things
other than minutes and he supported the request. He criticized
Boharski for personally taking up a lot of staff time.
Boharski commented this is the second time outside assistance has
been sought for work that could have been done in City Hall and he
feels it's becoming a "terrible habit".
Larson said he feels it was money well spent and Boharski should
think about the employees' time the next time he requests "records
dug out of the basement".
Boharski said it's still the Clerk's job to transcribe minutes.
The motion carried upon vote with Boharski voting against.
HEAR THE PUBLIC
Ann. Robinson, 501 West Arizona, asked the Council to research the
October 16, 1995 City Council meeting minutes concerning a previous
zone change request from Richard Mohrenweiser.
The following spoke in opposition to the qravel pit near Grandview
Drive
George Van, submitted a letter (letter is attached and by this
reference is made a part of the official record)
Helen Marshall, 50 Grandview, asked the Council to force trucks to
enter the gravel pit from the back.
Ken Sampson, 81 Grandview Drive, asked who's going to clean up the
mess in his house and driveway from the dust and dirt.
Susan Cahill, 425 Sunnyview Lane, said everybody in the
neighborhood is fed up with the dust, the noise and the roads
breaking down.
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Septeinber 4, 2001
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Beverly Braig, 252 Juniper Bend, stated if the City has ordinances
then they need to be enforced. She said the noise and pollution
ordinance needs to be enforced with a penalty.
Marianne Lowitz, 116 Ridgeview Drive, said the Council doesn't
realize how damaging the pit is from not only an aesthetic
standpoint, but from a health standpoint.
Norbert Donahue, 144 Crestline Drive, commented it's bad management
to have had this problem for as many years as its been and not do
anything about it.
RESOLUTION 4650 - ANNEXATION REQUEST - MUSKRAT SLOUGH SUBDIVISION
Tim Birk requested annexation of approximately nine acres located
on the north side of Russell Drive and west of Willow Glen Drive.
Haarr moved Resolution 4650, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein as an annexation certain real property, more particularly
described as Assessor's Tracts 7N and 70H in Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana, to be
known as Muskrat Slough Addition No. 305; to zone said property in
accordance with the Kalispell Zoning ordinance, and to declare an
effective date. The motion was seconded by Scarff.
There was discussion.
Kenyon asked if the road easement and controversy over the culvert
has been settled.
Narda Wilson, TCPO, said she really cant answer, however, the
engineer has indicated some progress in the easement has been made.
She pointed out that the subdivision regulations require that where
access to a subdivision requires an easement across privately owned
property, the subdivider must provide evidence that the necessary
easement has been acquired. Wilson said that's one of the
conditions the staff is recommending. She said as far as the
culvert, the Public Works Department and Schwartz Engineering are
working on it and she feels the issue will be resolved with the
right motivation.
Kenyon said it troubles him that these issues aren't resolved
before a project comes to the Council for approval. He said he's
afraid the City' s going to inherit some problems with this down the
road.
Kukulski commented this is just preliminary plat approval and the
project can be halted if all of the conditions aren't met.
Van Natta said the project might be stopped, but the City will
still have annexed the area and the problems under the road. He
said the Corps of Engineers has ordered the problem to be fixed,
but unless the residents constantly hound them, they don't know if
it has or not until they come through again.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarf£, Van Natta and Boharski voting in
favor.
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September 4, 2001
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ORDINANCE 1399 - INITIAL ZONING - MUSKRAT SLOUGH SUBDIVISION - 1ST
READING
Tim Birk is asking for a zoning designation of City R-4, Two Family
Residential, upon annexation .into the City.
Scarff moved first reading of Ordinance 1399, an ordinance to amend
Section 27.02.010, Official Zoning Map, City of Kalispell Zoning
Ordinance, (Ordinance No. 1175), by zoning certain real property
described as Assessor's Tracts 7N and 70H in Section 20, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana
(previously zoned County R-5, Two Family Residential) to City R-4
(Two Family Residential), in accordance with the City -County Master
Plan, and to provide an effective date. The motion was seconded by
Counsell.
There was no discussion.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in
favor.
RESOLUTION 4651 - PRELIMINARY PLAT APPROVAL - MUSKRAT SLOUGH
SUBDIVISION
Tim Birk is also asking for preliminary plat approval of Muskrat
Slough Subdivision, a 20-lot residential subdivision in conjunction
with annexation and zoning.
Larson moved Resolution 4651, a resolution conditionally approving
the preliminary plat of Muskrat Slough Subdivision, as more
particularly described as Assessor's Tracts 7N and 70H located in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana. The motion was seconded by Scarff.
There was discussion.
Leistiko said condition number six concerning the culvert under
Willow Glen Drive, a condition recommended by the staff, was
deleted and he asked why.
Van Natta, a member of the Planning Board, said a majority of board
members felt the condition was included under condition number
seven which requires the developer to obtain all necessary storm
water discharge permits.
Leistiko said even though condition number seven addresses
discharge permits, condition six referred to the particular
culvert.
Wilson said the whole drainage will have be addressed and she
doesn't feel condition six is critical.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in
favor.
RESOLUTION 4652 - COMPLETION OF NORTHWEST TRACTS ANNEXATION
The annexation of Northwest Tracts Addition No. 234 in 1989 failed
to include a small sliver of land due to a survey error. Resolution
4652 annexes the 10 x 176 feet of property.
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Haarr moved Resolution 4652, a resolution amending Resolution No.
3877, Northwest Tracts Addition No. 234, by correcting the legal
description contained in said resolution, and declaring an
effective date. The motion was seconded by Scarff.
There was no discussion.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in
favor.
ORDINANCE 1393 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 -
AGENDA - 1ST READING
This ordinance changes the submission date for agenda items to the
Wednesday preceding the Council meeting.
Van Natta moved first reading of Ordinance 1393, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, § 2-10, "Agenda", adjusting the time by
which agenda items must be submitted to the City Manager, and
authorizing the City Attorney to recodify § 2-10 in accordance with
this ordinance and declaring an effective date. The motion was
seconded by Counsell.
There was no discussion.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski voting in
favor.
ORDINANCE 1394 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - ROLL
CALL ROTATION - 1ST READING
This ordinance requires the Clerk, when calling a roll call vote,
to rotate the names on each roll call and include the Chairman in
the rotation.
Leistiko moved first reading of Ordinance 1394, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, § 2-14(e) altering the rotation of Council
vote and including the Chairman in the rotation; and authorizing
the City Attorney to recodify § 2-14 (e) in accordance with this
ordinance and declaring an effective date. The motion was seconded
by Van Natta.
There was discussion.
Haarr said he feels the idea behind this ordinance is to further
diminish the status of the office of Mayor. He said irregardless of
how people feel about who is sitting in the chair, they're still
talking about the position of Mayor of the City of Kalispell. Haarr
said this is a move to belittle the person that's presently sitting
in the chair and he feels it's a bad time to take up this issue. He
said the Mayor should have the last vote out of respect for the
position.
Van Natta said he suggested the rotation change. He said he's a
member of the Planning Board and that's how they do it. Van Natta
said he feels rather than the same person being under the gun first
for the entire meeting, it works well to rotate the vote. He added
he feels the Mayor has no more responsibility than any other
council member and should vote in the rotation.
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Leistiko said he supports the motion and if the Mayor is such a
leader, maybe he should vote first. He said the Mayor has only one
vote, like other Council members, and should be put in the
rotation.
Boharski said he feels it's more of a personal issue rather than a
policy issue. He said the Mayor has voted last and it's worked fine
for the past eleven years. Boharski said traditionally, under
Roberts Rules of Order, the presiding officer votes last in order
not to unduly influence the proceedings. He said he also feels the
change would place additional work on the Clerk who will have to
bring several sheets of roll call to rotate the votes.
Counsell said he will not support the motion, not because of the
reasons Haarr gave, but because he doesn't see that the system is
broken.
The motion failed upon a tie roll call vote with Kenyon, Larson,
Leistiko and Van Natta voting in favor, and Counsell, Haarr, Scarf
and Boharski voting against.
ORDINANCE 1395 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 -
FINANCE DIRECTOR - 1ST READING
This ordinance removes the Personnel Specialist from the
supervision of the Finance Director and places it under the City
Manager.
Larson moved first reading of Ordinance 1395, an ordinance amending
Chapter 2, Administration, Kalispell Municipal Code by amending
Ordinance 1166, S 2-44 removing the personnel policy procedures
from the duties of the City Finance Director; authorizing the City
Attorney to recodify 5 2-44 in accordance with this ordinance and
declaring an effective date. The motion was seconded by Counsell.
There was discussion.
Haarr asked Kukulski if he has the time to supervise another
office.
Kukulski explained having the personnel specialist report directly
to him will create some time burden, but he feels it will increase
efficiency. He said the finance office has very little to do with
personnel issues, with the exception of payroll.
Boharski commented that, once again, the system has worked well
over the past eleven years and questioned why the Council wants to
change it now. He said he assumes there were reasons for the way
it's organized and he's concerned about changing it.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarf and Van Natta voting in favor, and
Boharski voting against.
ORDINANCE 1396 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 -
BUILDING DEPARTMENT - 1ST READING
This ordinance removes the Building Department from the supervision
of the Community Development Department and places it under the
Fire Department.
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September 4, 2001
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Leistiko moved first reading of Ordinance 1396, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, § 2-51 and § 2-48, changing the title of
the Planning, Economic and Community Development Director, removing
the planning and master plan functions from the duties of said
director; and removing the building and zoning functions from the
duties of said director and assigning them to the Fire Chief; and
authorizing the City Attorney to recodify § 2-51 and § 2-48 in
accordance with this ordinance and declaring an effective date. The
motion was seconded by Counsell.
There was discussion.
Kukulski explained it makes sense to have the building and zoning
responsibilities directly under the Fire Chief because code
enforcement is a public safety issue and is tightly connected with
the Fire Department.
The motion carried unanimously upon roll call vote with Counsell,
Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski
voting in favor.
ORDINANCE 1398 - AMENDMENT TO ADMINISTRATIVE ORDINANCE 1166 - CITY
ATTORNEY - 1ST READING
This ordinance removes the City Attorney from the supervision of
the City Council and places it under the City Manager. It also
removes the appointment of the City Attorney from the Council and
places it under the City Manager.
Leistiko moved first reading of Ordinance 1398, an ordinance
amending Chapter 2, Administration, Kalispell Municipal Code by
amending Ordinance 1166, S 2-3, amending the duties of the Mayor;
§ 2-23, amending the review of ordinances, resolutions and
contracts; § 2-53, amending the appointment of the City Attorney;
§ 2-54, amending the duties of the City Attorney and; authorizing
the City Attorney to recodify §§ 2-3, 2-23, 2-53, 2-54 in
accordance with this ordinance and declaring an effective date. The
motion was seconded by Counsell.
There was discussion.
Haarr said he feels very strongly that this ordinance should not be
passed. He said he can't understand why Kukulski would even agree
with this change because "having everyone in the chicken house
working for you is a bad thing". Haarr said the attorney's position
is that of a partner in the operation, not subservient. He said
the Council is looking at the person, not the job, and it's not
good to put all of that power and all the influence under one
employee.
Leistiko said this change is going to put the City Attorney on the
level as the other department heads by attending staff meetings and
getting involved in the day-to-day operations. He said the City
Attorney is part of the team and will become part of the
organization with this change.
Scarff commented the City needs a balance of authority and feels
it's the Council's fault if the City Attorney wasn't involved as
much as he should be.
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Larson said the Checks and balances are still in place because the
Manager needs the approval of the Council for hiring and firing.
He said what's happened in the last months points out vividly why
the Attorney should be under the Manager.
Kukulski said the issue is accountability. He said the code states
the Manager is responsible for enforcing codes and ordinances, but
he can't do that without direct involvement with the Attorney.
Kukulski said he feels the Council will find that the change will
allow the City to face issues with a team approach.
Boharski said it strikes him as "extremely odd" that the Council
is making this change at this time and he feels this ordinance is
the "worst of the bunch". He said it's the City Attorney's
responsibility to advise the Council, Manager and department heads
on legal issues and it puts the attorney in a bad position and
jeopardizes his job by having to tell the boss he's crossing a
legal line. Boharski said of all the things he's seen the Council
do, he thinks this is probably the worst when it comes to
representing the citizens of Kalispell.
Leistiko commented that he's talked to several cities and the City
Attorney is sitting in the staff meetings and informing the Manager
and Council every step along the way. He said he disagrees the
Attorney will be afraid to speak up because that's what the
Attorney's job is, to keep the City out of trouble.
Van Natta said he feels the City Manager is the City's chief
executive and he needs all of the tools to achieve the goals that
the Council set. He said having the attorney as part of his staff
serves that purpose.
Public Comment
Norbert Donahue, 144 Crestline Drive, stated the City Attorney
needs to be an independent person with guts enough to say "no". He
said the Council is trying to get a dictatorship in the form of the
City Manager who has complete and total control of all aspects of
the City.
Jean Johnson, 787 North Main, said the Council passed on three
additional duties to the Manager already this evening and asked if
the Manager will now need an administrative assistant for 60 to 70
thousand dollars a year. Johnson also asked whether the City really
needs nine Council members because "there's not much to do
anymore".
Ann Robinson, 501 West Arizona, commented the Manager is like a CEO
of a company and she feels the City wouldn't be in turmoil now if
this change had already been made.
Diane Conradi, CFBF, said attorneys are guided by ethical rules and
must zealously represent the client. She said the City Attorney
represents the City, not the Council or the Manager.
The motion carried upon roll call vote with Counsell, Kenyon,
Larson, Leistiko and Van Natta voting in favor, and Haarr, Scarff
and Boharski voting against.
ORDINANCE 1397 - UNIFORM PLUMBING CODE - 2ND READING
The Council needs to adopt the 2000 edition of the Uniform Plumbing
Code in order to maintain Kalispell's jurisdictional certification
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September 4, 2001
Page 8 of 12
and its ability to enforce the codes. Council passed ordinance 1397
on first reading August 20th.
Larson moved second reading of Ordinance 1397, an ordinance to
adopt, by reference, the "Uniform Plumbing Code", 2000 Edition, as
the plumbing code of the City of Kalispell, and applicable to the
jurisdictional area thereof; subject to the amendments made,
adopted and approved by the Building Codes Division, Department of
Commerce, State of Montana; to provide a penalty for the violation
of any lawful order issued pursuant thereto; and establishing an
effective date. The motion was seconded by Counsell.
There was no discussion.
The motion carried unanimously upon roll call vote with Counsell,
Haarr, Kenyon, Larson, Leistiko, Scarf, Van Natta and Boharski
voting in favor.
RESOLUTION 4653 - TRI-CITY INTERLOCAL AGREEMENT
This resolution adopts an Interlocal Agreement between Columbia
Falls, Kalispell and Whitefish regarding planning.
Counsell moved Resolution 4653, a resolution of the City Council of
the City of Kalispell, Montana approving revisions to the
Interlocal Agreement regarding the Tri-City Planning Board. The
motion was seconded by Scarff.
There was discussion.
Kukulski explained the resolution is a direct result of the fifth
Monday meeting in Whitefish and incorporates language that's
consistent with the direction given.
Neier said the only thing the resolution does is eliminate the
County and form an independent tri-city board.
Haarr commented it would be good to have an elected representative
at the board meetings.
Kukulski said he would welcome any Council member to attend the
meetings with him.
Boharski said when the County was involved, there was a clear
connection between the County and City working together on planning
issues and he doesn't see that connection between the three cities.
He said what bothers him the most is the budget of the tri-city
planning office which he feels is inflated. Boharski said in his
opinion, Kalispell could get along fine with a senior planner on
staff to take care of planning issues in the City.
The motion carried upon roll call vote with Counsell, Haarr,
Kenyon, Larson, Leistiko, Scarff, Van Natta voting in favor, and
Boharski voting against.
RESOLUTION 4654 - FOUR WAY STOP SIGN - STH AVENUE WEST NORTH AND
WYOMING STREET
Van Natta moved Resolution 4654, a Resolution approving the
placement of a stop sign in the north and south bound lanes on
Fifth Avenue West North at its intersection with East Wyoming
Street and declaring an effective date. The motion was seconded by
Larson.
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Septmber 4, 2001
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There was no discussion.
The motion carried unanimously upon roll call vote with Counsell,
Haarr, Kenyon, Larson, Leistiko, Scarff, Van Natta and Boharski
voting in favor.
RESOLUTION 4655 - 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.
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.
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September 4, 2001
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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.
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.
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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 Ist,
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 Counsel]., Haarr,
Scarff, Van Natta and Boharski voting in favor, and Kenyon, Larson
and Leistiko voting against.
MAYOR/COUNCIL/CITY MANAGER'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 10th 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:
i
Theresa White
City Clerk
Approved September 17, 2001
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Wm. E. Boharski
Mayor
Kalispell City Council Minutes
September 4, 2001
Page 12 of 12
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Statement for the City Council Meeting - September 4, 2001
The purpose of this presentation is to inform the Council about the lack of
communications with residents by the City Manager. A Petition for relief of
gravel pit operation and illegal hauling of materials was given to this Council
on July 16, 2001 and no, repeat, no communication was initiated by the City
Manager to date.
There are two Ordinances that affect the health of the residents on Buffalo
Hill. they are Ordinance No.1139 and Ordinance No. 1197; both which have
been in effect since October 18, 1993. There is also a Construction
Standard for the City called the Vehicle Tracking Control which has not been
enforced. This is called SD-8.
The background for these Ordinances is as follows; Kalispell was designated
as a Group 1 Area for PM-10 standards. The Environmental Protection
Agency has concluded that fine particulate (PM-10) presents the largest
danger to human health because fine particulate can penetrate deeply into
oxygen exchanging areas of the lungs and are more difficult for the human
body to expel. This is one of the 'Whereas" from Ordinance No. 1197.
It should be of interest why these standards and Ordinances were not
enforced. I called the City Manager in July of 2000 and asked about dust
control in the town. Did we have an Ordinance that could curtail the dust and
terrible condition that existed on our roads? I was informed that Kalispell did
not have a dust control plan or Ordinance. I checked with the City Attorney
and he let me know that we did, as a matter of fact, have such an Ordinance.
I took the Ordinance to the City Department of Public Works and asked why
this Ordinance was not enforced? They replied, they did not know about that
Ordinance and of course, do not enforce it. This was and still is sad; they still
do not enforce Ordinance 1 139 or 1197.
The City of Kalispell issued a Grant of Conditional Use to Northwest Health
Care on June 5, 2000. After my visit with the City on July 17, 2000, Mr.
Fred 2avodny, Public Works Project Manager wrote Swank Enterprises a
letter advising them to PLEASE secure an Air Quality
Construction/Demolition Permit. A permit was issued on July 20, 2000;
Proposed Control Technology is as follows:
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1901
-2-
Dust control program of watering roads and laydown at a minimum of twice a
day or as needed and construction of tracking pad. This is not in accordance
with the Ordinance.
I spoke with all of the City Councilmen on the 27th of August, 2001. Six of
them were not aware of our Petition. I understand that they get copies of
Petitions with their Packet from the City Clerk. It would help if they read
their Packets. Every Councilman said they would check into it and call me
back; again, there was a response from only one person.
I understand that we may have some resolution to our Petition; thanks to the
good work of the City Attorney, Mr. Glen Neier. If so, we would like to know
what it is and will Grandview Avenue and Sunnyview Avenue be closed to dump
truck traffic. The PIT can be reached from the bottom on the west side.
I have to say that I am disappointed with the lack of action by our City
Manager. I would hope that he has better office skills communicating with
other citizens and taxpayers. Now, we would like some answers!
George T. Van
Kalispell Montana
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