2. Billboard Quota within CityCity of Kalispell
Charles A. Harball Office of City Attorney Tel 406,758,7708
City Attorney 312 First Avenue East Fax 406.758.7771
P.O. Box 1997 charball@kalispeil.com
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Billboard Quota within the City of Kalispell
MEETING DATE: Workshop, Monday January 12, 2004
BACKGROUND: On February 3, 1992, the Kalispell City Council amended its
sign ordinances and instituted a major change in the allowance for billboard
advertising within the City. Addressing the concerns of billboards amassing at the
intersection of Main and Idaho, the City adopted the ordinance restricting all
billboards within. 1500 feet of the intersection and setting the limit at the existing
18 billboards within all other areas in which billboards were allowed in the City.
The Ordinance set a two year time period in which all billboards were to be removed
from the intersection zone. The specific verbiage used was that the billboards were
to be "relocated" within two years. See relevant portion of the ordinance and
minutes of the meeting attached.
All billboards were removed from the intersection zone within the two year
limitation and all appropriate permits were obtained by the billboard companies.
Then in the year 2000, Lamar Outdoor Advertising approached the zoning
administrator with one of three permits still outstanding for billboards that had
been removed but not yet reconstructed elsewhere in a permitted zone. The zoning
administrator came to the City Attorney's office seeking an opinion whether or not
the billboard could be erected, given more than two years had expired. He was told
that the purpose of the ordinance was to give the billboard owners a two year period
to remove the sign, but not place a limit on the time period to erect its replacement.
Therefore, the sign was erected at the south end of the City on South Highway 93.
One of the property owners objected to this immediately and continually
communicated with the City Attorney's office about his concern that the permitting
of this replacement sign was illegal as per the clear language of the ordinance.
Finally, on October S, 2003 the matter was brought before Kalispell Municipal
Court for a ruling on the meaning and import of the language within the Ordinance
Billboard Memorandum
January 7, 2004
Page - 2
1175. The council members who were on the council in 1972 testified, as did the
zoning administrator. The judge ruled that the language of the ordinance was clear
and unambiguous that the signs removed from the intersection zone should have
been replaced elsewhere within permitted zones within 2 years and that the sign
that was erected in 2000 should not have been permitted.
Lamar Outdoor Advertising obtained the permit in 2000 and did not relocate
two more signs that were removed from the intersection. It has stated its claim
that if the City does not allow it to erect those signs it removed from the
intersection, it will file a claim against the City for the value of those signs. I have
attached a statement of Lamar for what it believes the value of those signs to be.
RECOMMENDATION: With these facts in mind, the Council must consider and
discuss whether it wants to amend its ordinance to allow the original 18 billboards
to remain in the City (there are currently 16 billboards in place) or whether it wants
to "purchase" the last three billboards through negotiations or litigation.
FISCAL EFFECTS: The fiscal effects will vary greatly depending upon the course
that Council determines to take.
Respectfully submitted,
g fi
Charles all, City Attorney Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
27-24-080: REGULATIONS FOR SPECIFIC CATEGORIES OF SIGNS:
G. Billboards:
1. No billboard shall exceed two hundred eighty eight (288) square feet per sign face.
2. No billboard structure shall exceed a maximum height of twenty eight feet (28').
3. No billboard may be constructed within three hundred feet (300) of any other billboard located
on the same side of the road right of way and facing the same traffic flow. Distance shall be
measured along the nearest edge of pavement of the road near whose right of way the sign is
located.
4. No billboard may be constructed nearer the road right of way than the applicable building
setback requirement for the zone .in which the billboard is located.
5. No billboard shall be constructed along a road which is not a Federal or State highway.
6. Inwrder that the total face area;and number o.f faces of all lawful billboards within the City not
be.maeased':beyond,the number of faces;oveut rrzng,on he effective datc hereof, no billboard shall
be,constructed without first removing billboards equal in facearea arid number of faces. In order
to administer' this provision, the Add-iinistrator shall issue a replacement permit to a ryone who
permanentlyrremoves a lawfully existing billboard. The. Administrator shall mte on the
replacement.permit the number of faces and face area, and the zoning district in which the `sign
was located,`for every sign!face removed.: Replacemerlt'perm t9 may be transferred: No billboards
sign construction permit shall be issued without a replacement', permit which corresponds to the
number of sign faces to bc.replaced. The: total number of billboard.faces in the City limits shall
not.exeeed e ghteen',(18), except that prciperty occupied', by billboards; which is annexed tithe
City, after the effective date hereof, shall be subi&t to the provisions of Section 27-24-150 of this
Article, and billboards located thereon may remain, but shall not, thercafter,:b.e relocated:
8. Whenever a parcel of land containing any billboard is rezoned, or annexed and zoned, to one of
the prohibited zoning classifications, the billboard shall be removed within five (5) years of the
rezoning or, in the case of annexation, within five (5) years of the date upon which a City zoning
classification is imposed upon the annexed parcel; provided, that any billboards removed
pursuant to this subsection may be reinstalled within any of the permitted zones listed in Section
27-24-110 of this Article, in accordance with subsection G6 of this Section. (Ord. 1175, 3-19-
1992)
q10)5
435
A REGULAR MEETING CE THE KALISPELL CITY COUNCIL WAS HELD AT 7;00
P.M. MONDAY, FEBRUARY 3, 1992, IN THE COUNCIL CHAMBERS AT CITY
HALL. MAYOR RAUTHE PRESIDED. ALL COUNCILMEMBERS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
CONSENT AGENDA
Council Minutes -January 21, 1992
Approve Claims per Payables Register
Pledged Securities --December 31, 1991
Atkinson moved approval of the consent agenda. The motion was
seconded.
In the minutes, page 434, the second paragraph was corrected to
reflect Kennedy made the motion.
Buck and Granmo commended and thanked Finance Director Amy
Robertson for the claims list included in the agenda packets.
The motion carried with a vote.
ADDRESSING THE COUNCIL
No one addressed the council.
PUBLIC HEARING
Proposed Zoning Ordinance
Proponents
The following spoke in favor of the ordinance:
Nick Haren, Kalispell Chamber of Commerce Manager, also read and
distributed a membership survey which reflected the following:
44 members would support the proposal;
22 members would oppose the proposal, because they felt it too
restrictive and;
6 members would oppose the proposal, because they felt it too
lenient;
A total of 72 Chamber members .responded to the survey within the
allowable time period which constitutes nearly a 14% return.
Mayor Rauthe noted he received a letter from Margaret Lekander
from Wheaton's in support of the ordinance.
He also noted a petition was submitted May 6, 1991, with 50
citizen signatures supporting the proposed ordinance.
Jim Thompson, 160 Riverview Dative, supported but felt billboards
should be prohibited.
Larry McRae, outlaw Inn Manager
Jim Vidal, 120 Woodland Drive, recommended placing a mechanism to
the ordinance to continue ongoing studies.
Bill Gould, 154 Sherry Lane, agreed with Thompson on billboards.
Bill Goodman, 738 2nd Avenue East
Jim Pannell, Myhre Billboards
Attorney Bill Astle, representing Kalispell Regional Hospital,
stated that the concern of the hospital in the new health care
zone which was formally called the hospital zone is not allowing
the hospital to be a use of right in that zone.
437
Williams also referred to the height requirement in the Downtown
District. Can page 39-establishes 50 ft. as the maximum height
requirement. Larry Gallagher suggested increasing that height to
respond to some development interests regarding the old college
properties. He suggested increasing that to 72 ft. Williams
suggested the height be 60 ft., as a compromise, that would allow
for 5 stories and then the additional space on the roof for the
mechanical.
There was discussion and there was consensus supporting the 72
ft.
Larson spoke in favor of the entire zoning ordinance, was pleased
with the process and would like an ongoing evaluation of the
ordinance.
Williams stated the evaluation would be done yearly at the annual
Goal setting Work Shop.
Moses agreed with the public .input and spoke against billboards
in the city limits.
There was discussion.
in reference to billboards, Greer agreed with the suggested
changes to clarify the ordinance on page 91, Section 27.24.080
7. (f).
Page 113 Figure #1 contains typos that will be corrected.
Kennedy moved to amend Ordinance 1175, Page 39, Maximum Building
Height, read 72 instead of the current 50 ft. and to amend
Section 27.24.080 so Sections (f), (g), and (h) read as follows:
(f) in order that the total face area and number of faces of all
lawful billboards within the City not be increased beyond the
number of faces occurring on the effective date of this
ordinance, no billboard shall be constructed without first
removing billboard(s) equal in face area and number of faces. In
order to administer this provision, the Administrator shall issue
a replacement permit to anyone who permanently removes a lawfully
existing billboard. The Administrator shall note on the
replacement permit the number of faces and the face area, and the
zoning district in which the sign was located, for every sign
face removed. Replacement permits may be transferred. No
billboard sign construction permit shall be issued without a
re lacement ermit which corresponds to the number of s1 n faces
to be replaced. The total number of billboard faces in the city
limits of Kalispell shall not exceed 18, except that propert
(g) Any billboard, except those subject to annexation as
specified in _(f), supra, located within any zoning district in
which billboards are prohibited shall be relocated at the
billboard owner's expense to a zoning district which permits
billboards within five (5) years following the enactment of this
Ordinance; provided that billboards located within 1500 feet of
the intersection of Main and Idaho streets shall be relocated
within twenty-four (24) months following enactment of this
Ordinance.
439
439
Department of Social and Rehabilitation Services
Larson received a letter from the Missoula District Office
Department of Social and Rehabilitation Services announcing there
will be a video on the Americana with Disabilities Act shown on
February 13, 1992 from 2:00-4:00 p.m. at the Kalispell SRS
Conference Room for anyone interested.
BUSINESS FROM MANAGER
Montana Municipal Insurance Authority Conference
Williams gave a report on the 2 day MMIA Conference he recently
attended which included a goal setting session and general
meeting.
EDA Ggant
Williams stated the city was notified this date that the City's
EDA grant was approved in the amount of $293,000.
Burl.incton__Northern Agreement
Williams met, with Burlington Northern and there will be a new
agreement coming forth.
out of Town
Williams will be out of town 'Thursday 2/5/92.
Executive meeting
There will be an executive meeting following this meeting.
STAFF REPORTS
Next Work Session 2/10/92 7:00 p.m.
Next Council meeting 2/18/92 7:00 p.m.
Goal Betting Work Shop 2/22/92 8:00 a.m.
Nystul will be out of town 2/10-28/92.
ADJOURN
The meeting adjourned at 9:00 p.m.
Dougla4ID. Rauthe, Mayor
ATTEST:
;Z��
Amy H. Robertson, Finance Director
Debbie Gifford, Clerk of Council
Approved February 18, 1992
.parr-07-04 09:37A Lamar Missoula 14067 89170 P.01
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OUTDOOR AC VFRTISING
MONTANA
Decernbej 7, 2004
Clarks Harbaugh
City Attomey
P. 0. Box 1977
Kali ,-poll MT 5'i903
RE, Billboard Valuation
Dear Mr. liarbaugh,
As per the conversation bet.wccn you and Paul Denuchy December 6. 2(#03, the following is a Wr market
value lbr lltc strrtchim lot-atcd on the Heinz properly, I have also included Orc value aftlte two peruuts
promised by the city for tlic diszrtantling of the billbrhards downtown.
OAC mono -pole billixtiul located on Iiwy. 93 S. ==� $73,000_00
Two Imations yet to be built ==== -- ==-- $1 lfi,CtiN1.t?Q ($5tt,000,00 arch)
Total = = S 194,000.00
The aWvc prices ,,ve based on previous Ioc atiomi L,ANLAR Outdoor leas purchased from other billboard
c ompanics Imized in Mont umr
Please aril if you have fitly questions.
Bestre ds.
Rod McAlmond
Lease Manager, I.AMAR Outdoor/Montana
BILUNGS. 315 MAIN ST. BILLINGS, MT 59105 • (406) 252.7181 • FAX 1406) 252,7690
GREAT FALLS; P.(D BOX 1067 - GREAT FALLS, MT 59403 • (406) 453-659 • FAX (406) 453-65Q2
HELENA: P.C.BOX 151 HELEf A, MT 59624 - (406) 442-0387 - FAX (406) 442-0365
MiS50ULA; P.O. BOX 16841 MISSOULA, MT 59808 • (406) 543-6225 - FAX 1406; 728-9170
Chris Neater, President
Jan. 7th 2004
To: City of Kalispell
312 1 st ave. East
Kalispell, Mt 59901
Attn: Chris Kukulski City Manager
Pain Kennedy Mayor
P.J. Sorenson Zoning Administer
Charlie Harball City Attorney
Kalispell City Council
We would like to file a formal complaint against the City of Kalispell. As the City
is well aware there is a billboard within the city limits that the permit held by Lamar
Outdoor Advertising was ordered by the Kalispell Municipal Court Judge to be "Void
and at no time had any legal validity", on Oct_ 91h 2003,4see attached court order; I. That
has been almost three months ago and the sign with no permit is still there, placed by
Lamar Outdoor Advertising. The billboard was installed with an invalid permit that was
issued on Feb. 25th 2000 by mistake. The City made a mistake and we ask that the City
does what is fair and right by ordering the illegal billboard removed by Feb 2nd 2004.
The Municipal Judge has ruled that the permit is voided.
Thank you for your prompt attention to this matter.
Chris Neater Pres. Don Burton
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Heidi Ulbricht
Kalispell Municipal Court Judge
Drawer 1997
Kalispell, MT 59903
IN THE MUNICIPAL COURT OF THE CITY OF KALISPELL OF THE STATE OF
MONTANA, IN AND FOR THE COUNTY OF FLATHEAD
DONALD R. BURTON,
Plaintiff,
VS.
CITY OF KALISPELL,
Defendant.
Case No.: CV2003-20306-OT
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER
This case came for hearing before this Court, sitting without a Jury, on October 8, 2003
Plaintiff was present without counsel and Charles Harball represented the City of Kalispell. Ii
this case, the Plaintiff filed a complaint asking the court to revoke a sign permit issued by th{
City of Kalispell granting the relocation of a billboard. From the oral and documentary evidenct
introduced by both parties, and the matter having been submitted for decision, the Court nova
makes the following findings of fact:
FINDINGS OF FACT
1. The original billboard that is the subject of this proceeding was located. within 1,500
feet of Main and Idaho of Kalispell, Montana.
2. March 19, 1992 a zoning ordinance governing billboards within the city limits of
Kalispell became effective. The ordinance provided all billboards located within
1,500 feet of the intersection of Main and Idaho streets shall be relocated within
twenty-four months. Section 27.24.080(6), K.C.C. The ordinance also provided the
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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city shall issue a replacement permit to anyone who permanently removes a lawfully
existing billboard. Section 27.24.080(7), K.C.C.
3. The billboard in question was removed from the location prior to March 19, 1994.
4. On February 23, 2000 Lamar Outdoor Advertising submitted a sign permit
application to relocate a billboard on private property located on Highway 93 South
within the city limits of Kalispell.
5. On February 25, 2000 the City approved the sign permit.
CONCLUSIONS OF LAW
1. The permit issued on February 25, 2000 is held to be void. The plain language
the zoning ordinance specifies the sign shall be relocated within twenty-fc
months following enactment of the ordinance. Section 27.24.080(6), K.C.C.
From the foregoing conclusions of law, the Court makes the following order:
IT IS HEREBY ORDERED as follows:
1. The sign permit issued on February 25, 2000 to Lamar Outdoor Advertising is
and at no time had any legal validity.
Dated this 9th day of October, 2003
Heidi Ulbricht
Municipal Court Judge
cc: Charles Harball Office of CityAttorney
Donald Burton 324 Wild Goose Run Kalispell, MT 59901
FINDINGS OF FACT, CONCLUSIONS OF LAW AND OaDER