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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. Kalispell City Council Minutes September 4, 2001 1889 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. Kalispell City Council Minutes Septeinber 4, 2001 Page 2 of 12 • 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. Kalispell City Council Minutes September 4, 2001 Page 3 of 12 1891 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. Kalispell City Council Minutes September 4, 2001 Page 4 of 12 1892 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. Kalispell City Council Minutes September 4, 2001 Page 5 of 12 1893 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. Kalispell City Council Minutes September 4, 2001 Page 6 of 12 • • 0 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. Kalispell City Council Minutes September 4, 2001 Page 7 of 12 1895 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 Kalispell City Council Minutes 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. Kalispell City Council Minutes Septmber 4, 2001 Page 9 of 12 1897 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. Kalispell City Council Minutes September 4, 2001 PaoP 10 of 17 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. E 1 Kalispell City Council Minutes September 4, 2001 Page 11 of 12 1899 1 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 :gym. .50�rl Wm. E. Boharski Mayor Kalispell City Council Minutes September 4, 2001 Page 12 of 12 1900 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: 1 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 1