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03/20/00 City Council Minutes1586 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 20, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER WERE PRESENT. CITY MANAGER CHRIS KUKULSKI WAS ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda as presented. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting March 6, 2000. 2. Approval of Claims per Payables Register-$106,580.81. 3. Award Bid - Wastewater Bio-Solids Hauling Truck One bid was received and opened on March 2nd. Staff is recommending the bid be awarded to METCO Kenworth in the amount of $102,023.00. 4. Proclamation - Harmony Week. Scarff moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was no discussion. The motion carried unanimously upon vote. HEAR THE PUBLIC Greg Stevens, Planning Board Member, said when considering the Growth Policy for the Flathead, the Council and Commissioners should keep in mind that quality housing and good paying jobs are still nonexistent for many people in the area. Tom Maier, Police Advisory Council, read the Council's mission statement and stated members are focusing right now on the school resource officer program and the juvenile justice system. Matt Waatti, 418 Orchard Ridge Road, said he's with Northwest Investment Partnership which owns 4.2 acres of property near the Outlaw Inn. He asked Council to write a letter to the State requesting that "Lions Road" not be closed between 18th Street and Highway 93. Boharski suggested the issue be discussed at the end of the meeting. ORDINANCE 1349 - 2ND READING - ORDINANCE AMENDING THE DEFINITION OF CASINOS IN THE ZONING ORDINANCE The proposed ordinance would change the definition to "An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, MCA." It would exclude charitable organizations and shake -a -dice games. Scarff moved second reading of Ordinance 1349, an ordinance amending S 27.37.010 (44), Kalispell Zoning Ordinance, by amending the definition of casinos and declaring an effective date. The motion was seconded by Larson. 1 1 1 Kalispell City Council Minutes March 20, 2000 1587 There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1350 - 2ND READING - ORDINANCE RECLASSIFYING CASINOS IN THE ZONING ORDINANCE BY PLACING THEM IN THE SAME CATEGORY AS "BARS TAVERNS, COCKTAIL LOUNGES AND CLUBS" This ordinance makes "Bars, Taverns, Cocktail Lounges and Clubs" an administrative conditional use permit in the B-2, B-3, B-4, B-5 and I-1 zones. It also includes the restriction that casinos must be 300 feet or more from churches, schools, parks, residential zones and other casinos. Leistiko moved second reading of Ordinance 1350, an ordinance amending §§ 27.14.020, 27.14.030, 27.15.020, 27.15.030, 27.16.020, 27.16.030, 27.17.030, and 27.18.030, Kalispell Zoning Ordinance, by designating "Bars, Taverns, Cocktail Lounges, and Clubs" as uses allowed by administrative conditional use permit in the B-2 (General Business), B-3 (Community Business), B-4 (Central Business), B-5 (Industrial/Commercial), and I-1 (Light Industrial) zones, and "Casinos" as a conditionally permitted use in the B-2 (General Business), B-3 (Community Business), B-4 (Central Business), B-5 (Industrial/Commercial), and I-1 (Light Industrial) zones and declaring an effective date. The motion was seconded by Counsell. There was discussion. Haarr questioned why casinos have to be 300 feet from each other which restricts casinos to about one in each block. Leistiko stated it's the only effective way of controlling the number of casinos and where they are located. Atkinson commented the majority of the Council determined that 300 feet would make the casinos "more incognito." The motion carried unanimously upon roll call vote. RESOLUTION 4545 - RESOLUTION FORMALIZING AN INVESTMENT POLICY Atkinson moved Resolution 4545, a resolution formalizing the investment policy of the City of Kalispell, Montana. The motion was seconded by Van Natta. There was discussion. Haarr asked whether the City can shift investments to longer term investments. Finance Director Amy Robertson said staff can look into it, but in the past, the benefits have been found to be small. The motion carried unanimously upon roll call vote. APPROVAL OF UTILITY CONSTRUCTION AGREEMENT WITH MDOT In conjunction with the Montana Department of Transportation's upcoming reconstruction of Main Street from Washington to Center, staff is asking Council to approve a utility agreement with MDOT for replacing the City's 18-inch diameter water transmission main in Main Street. Hansz explained the current Downtown Urban Renewal District budget includes funding of $650,000 for reconstruction of 1st Avenue East from 6th Street East to 12th Street. He said after the completion of the budget, it was learned that this portion of 1st Avenue East is planned as a detour during the reconstruction of US Highway 93 South. Hansz stated because of this, it was decided that reconstruction of Kalispell City Council Minutes March 20, 2000 Page 2 of 3 1st Avenue East should be delayed until after the US 93 work and staff is asking that instead, Council approve the replacement of the City's water transmission line on Main Street. Van Natta moved Council authorize the City Manager to sign the Utility Construction Agreement with the Montana Department of Transportation. The motion was seconded by Scarff. There was discussion. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Boharski asked Public Works Director Jim Hansz to comment on Waatti' s request of the Council to write a letter to the State asking them to keep "Lions Road" open. Hansz said the current design for Highway 93 calls for the closure of that road. He commented that it seems irregular to make a specific request on behalf of a private property owner, however the City wouldn't object to a driveway access if an application for an approach permit is filed. Leistiko said he feels leaving the road open would also be beneficial to the City for access to Lions Park. Haarr moved the City support the effort to maintain the Lions Park road as a right -turn in, right -turn out access to and from Highway 93 and that the Public Works Department work in that direction. The motion was seconded by Larson. There was discussion. Van Natta said to prevent a thoroughfare on that road, maybe the entrance on the east end of the road should be closed. The motion carried upon vote with Atkinson voting against. Leistiko moved the City send a letter to the Flathead County Commissioners asking them to impose the same casino regulations in the County as the Council has imposed in the City. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 8:00 p.m. ATTEST: Theresa White City Clerk approved April 3, 2000 i,1m.E.�oharski . Wm. E. Boharski Mayor Kalispell City Council Minutes March 20, 2000 Page 3 of 3