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Memo/PUD AmendmentCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: ordinance 1604 — Amending ordinance 1574 — Milton Hotel PUD MEETING DATE: Monday, March 19, 2007 — Regular Meeting BACKGROUND: on May 1, 2006 the City Council passed ordinance 1574, the PUD ordinance for the Hilton Garden Inn. At that time the Council agreed to amend the recommended ordinance to read that "All outdoor signage advertising the casino or gaming activities within the facilities shall be prohibited." Sometime later, at a workshop, the landowner presented a layout of signage for the casino to determine if it would be appropriate. The Council, at that time, seemed to indicate that the proposed signage should be approved. In order for the signage requested by the landowner to be approved, the Council must consider amending the PUD ordinance. RECOMMENDATION: Council should move ordinance 1604 that amends Ordinance 1574 to read as it carve before it from the Planning Board. This portion of the PUD would state as follows: The signage advertising the casino shall be prohibited from using the following: o Any terms such as gaming, gambling, cards, mice, chance, etc. o Any reference to any associated activity or any symbols or words commonly associated with gaming. o Any words terms, figures, artwork, or features intended or designed to attract attention to the fact that a casino is on site. The City Council should then discuss whether this language is the intent which the council wishes to communicate and whether the signage proposed by the landowner is in keeping with this language. Ordinance No. 1604 March 13, 2007 Page - 2 FISCAL EFFECTS: None. Respectfully submit ed, Charles 6farball, City Attorney Jame .Patrick, City Manager Office of City Attorney City of Kalispell