10/22/98 SP City Council Minutes1353
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A BPEC=AL MEL'P=NO OF WMR XJLr.X FELL C=TY COUNCIL, WJL8 HELD AT 7 z 00
P.M. MONDAY, OCTOBER 22, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL
MEMBERS NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY
NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY/ACTING CITY
MANAGER GLEN NEIER WERE PRESENT. COUNCIL MEMBER JIM ATKINSON WAS
ABSENT.
Mayor Boharski called the special meeting to order.
AGENDA APPROVAL
Haarr moved approval of the agenda with the addition of public
comment and the deletion of the Council's report on the Montana
League of Cities Conference. The motion was seconded by Nystul.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Marye Flowers, 2770 Upper Lost Creek Road, Whitefish, said she is
concerned that the Resolution of Intent before the City Council has
not received adequate public notice. She said a letter to the
Flathead Regional Development Office dated September 10th indicated
the State would not move forward with it's request for annexation
until an Environmental Assessment and Traffic Study have been
completed. Flowers said she feels the community was relying on the
fact that these items would be in place prior to this action and she
wants to register a protest.
Jim Lynch, 430 Lake Hills Lane, said Flowers uses the word
"community" very loosely and he doesn't believe she represents the
community. He congratulated the City Council in getting this first
step going so that the public hearings can take place and the issue
resolved.
RESOLUTION 4412 - RE.-SOTOF INTENT TO ANNEX STATE A
Haarr moved Resolution 4432, a resolution of intention to annex
certain real property to the City of Kalispell, said territory being
approximately 8.8 acres and described as Parcel 2, of Certificate
of Survey No. 12230, situated in U.S. Government Lots 1 & 2, Section
31, Township 29 North, Range 21 West, P.M.M., Flathead County,
Montana, to be described as the State Shop Addition No. 286, to fix
a date of public hearing thereon, and to provide for due and proper
notice of said annexation. The motion was seconded by Scarff.
There was discussion.
Van Natta commented it's the State's decision to do the Environmental
Assessment and it has nothing to do with the Council's actions
tonight.
Boharski said the State is required to do an Environmental
Assessment in the exchange or sale of property, but it doesn't have
to be done as part of the annexation process.
Donahue stated the resolution of intention is a formality to get a
notice published and a public hearing scheduled. He said at the
time of the public hearing, scheduled for November 16th, people will
have an opportunity to register either oral or written protests.
Boharski questioned Section VI which states the resolution will
become effective thirty days after approval. He said he understands
that ordinances do not become effective until thirty days after
passage, but he thought resolutions became effective immediately.
the Statutes require thirty days for government owned
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The motion carried upon roll call vote with Donahue, Graves, Haarr,
Nystul, Scarff, Van Natta and Boharski voting in favor, and Larson
voting against.
ADJOURN
The meeting was adjourned at 7:15 p.m.
�►t�.'� .�O�tarS�il .
Wm, E. Boharski, Mayor
ATTEST:
�eresa White -
Clerk of Council
approved November 2, 1995
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