03/02/98 City Council Minutes1123
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MARCH 2, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR BILL BOHARSKI PRESIDED. COUNCIL MEMBERS
JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE
LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY
GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Haarr moved to approve the agenda with the addition of Item 10, the
appointment of a Parking Commission member, and moving Council
Comments to Item 11. The motion was seconded.
The motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting
B. Approval of Claims per Payables Register-$159,750.99
Nystul moved to approve the consent agenda. The motion was
seconded.
Mayor Boharski informed Council of some changes he suggested for
the minutes and asked for motion.
Nystul moved to approve the consent agenda with the changes to the
minutes. The motion was seconded.
Upon vote the motion carried.
HEARING THE PUBLIC
Ordinancp 1284 - Thompson, Nohlp& McKinley Zone_ hang
The following spoke in favor of Ordinance 1284:
Mildred Thompson, 1079 North Meridian Road
Jeff Heider, 232 South Meridian Road
Kent Saxby, Attorney with Warden, Christiansen, Johnson & Berg
David Brentwood, 224 Farview Drive, commented he has spoken with
almost all of the Real Estate brokers in the City and all want the
City to "get out of the real estate business."
Ordinance 1282 --Beer and WineL cen�__F-ee - __Rea in
Vinny Weisman, Vinny's Cafe, 120 Main Street, said he spoke with
Diana Koon from the State Liquor Division and was told since
restaurant owners have already paid $400.00 for their Beer & Wine
Licenses to the State they can postpone receiving the license until
July 1`t thereby not having to pay the fee again in three months.
Jeffery Calnan, Trattoria on Main, 34 Main Street, pointed out the
discrepancies between the traditional liquor licenses and the beer
and wine licenses and feels the license should be taxed based on
its market value which is less than a traditional license.
__BAMA- FINAL _PLAT
This Resolution will approve the final plat of Tire -Rama
Subdivision. Due to the relatively minor impacts the subdivision
poses, preliminary plat approval was waived by the Flathead
Regional Development Office.
Larson moved Resolution 4394, a resolution approving the final plat
of Tire -Rama Subdivision, located in the Southwest Quarter of
Section 17, T28N, R21W, P.M.M., Kalispell, Flathead County,
Montana. The motion was seconded.
The motion carried upon roll call vote with Atkinson, Donahue,
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Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
QRDINANCE 1282-BEER/WINE__LICEN$M-PEE-2ND READING
This is the second reading of an ordinance to set an annual license
fee for restaurant beer and wine licenses to be paid to the City.
At the last meeting, staff recommended a $400.00 fee, the same as
other fees, however the Council amended the fee to $40.00.
Krepps felt the liquor fee should be one of equity to all license
holders, not economics. He said the staff has concerns other
license holders will ask for equal protection and feels we
potentially have a level of unacceptable inequity. He recommended
the fee remain $400.00, however if a compromise is needed Krepps
felt $300.00 would be fair.
Haarr moved Ordinance 1282, an ordinance amending Chapter 3,
Alcoholic Beverages, Kalispell Municipal Code by amending Ordinance
874, Section 1 (Section 3-6 Kalispell City Code) to provide for an
annual license fee of $40.00 for restaurant beer and wine licenses.
The motion was seconded.
There was discussion.
Haarr spoke in favor of the motion stating there are considerable
differences between this license and other liquor licenses and the
Council would have a chance to review the fee annually.
Van Natta spoke against the motion saying the Council shouldn't be
comparing the licenses. He felt the lottery winners are already a
"cut above" the others and he doesn't feel the $400.00 annual fee
is too much. Van Natta did, however, speak in favor of pro -rating
the license fee depending on when it is received during the year.
Van Natta moved an Amendment to the Ordinance changing the fee from
$40.00 to $400.00 starting in July and prior to that time being
pro -rated on a monthly basis. The motion was seconded.
As a Point of Order, Donahue suggested the Amendment be changed to
reflect the fee as 100 percent of the amount charged for the
license by the State. It was agreed.
There was discussion.
Donahue spoke in favor of the motion stating this type of license
does have a value which is not otherwise taxed. He added however,
because of the limitations, he feels $300.00 would be an equitable
approach and asked Van Natta to move for an amendment to his
amendment.
van Natta requested a vote on the original amendment first.
Nystul agreed that a larger fee is needed and stated he also feels
$300.00 is equitable.
Haarr stated as a proponent of the small business man a $400.00
bill, in a budget in Kalispell, Montana, is a big item at times and
urged Council to defeat the amendment.
Larson also urged Council to defeat the amendment saying the
$400.00 fee is too high.
Atkinson felt a lot of money could potentially be made from having
a beer and wine license and the restaurants that were lucky enough
to get a license have an advantage over those restaurants who did
not. He said he felt comfortable with the amendment and the
$400.00 fee.
The motion failed with Atkinson and Van Natta voting in favor and
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Donahue, Graves, Haarr, Larson, Nystul, Scarff and Boharski voting
against.
Donahue moved an amendment to the ordinance, paragraph B, to state
the license fee would be 75 percent of the State's authorized fee.
The motion was seconded.
There was discussion.
Haarr said he would go along with the motion but encouraged
recipients to keep profit and loss statements for re -consideration
by the Council next year.
Atkinson questioned whether the amendment would require another
reading of the ordinance.
Neier replied it would be safest to read it twice at 75 percent but
another reading probably would not be required.
Larson felt by picking 75 percent the Council is just pulling a
number out of the air and the fee should be considerably less
because of the limitations.
Donahue spoke in favor of his amendment saying the $100.00 break is
a trade-off for the limitations and there are a large number of
people who have demonstrated their desire for this license and
would be willing to pay the full amount to get one.
The motion carried with Atkinson, Donahue, Nystul, Scarff, van
Natta and Boharski voting in favor and Graves, Haarr and Larson
voting against.
Donahue moved an amendment to the ordinance, paragraph C, adding
. the word "first" after licenses and adding "remainder of the license"
before year.
Neier stated the additions can be made without an amendment.
Donahue withdrew the motion.
Boharski asked if the ordinance, by not taking effect for thirty
days following final passage, would affect the pro -ration.
Neier indicated his impression was that those restaurants receiving
a license are going to wait until July 1 anyway, so the thirty days
would not have an effect.
With a roll call vote the motion carried with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski
voting in favor.
RFSOLUTTON 4A9_5-WHTTE ANN.)LATTON-CAT•TFORNTA STREET
Edgar and Margaret White, the owners of property located on the
north side of California Street between Fourth Avenue East North
and Fifth Avenue East North, have requested that the City of
Kalispell annex the territory into the City with an R-3 zoning
classification.
Larson moved Resolution 4395, a resolution to provide for the
alteration of the boundaries of the City of Kalispell by including
therein, as an annexation, Assessor's Tract 24A located in Section
8, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana to be known as White Addition No. 284; to zone said
property Urban Single Family Residential, R-3, to amend the City
Zoning Map accordingly and to declare an effective date. The motion
was seconded.
There was discussion and Narda Wilson of the Flathead Regional
Development Office answered questions.
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Haarr questioned Wilson on the stability of the soil and whether
this property contains a considerable amount of fill.
Wilson answered she doesn't know about the amount of fill but there
are some geological considerations which the petitioners are aware
of and they will probably have to look at some geotechnical
engineering when a foundation is put in.
With a roll call vote the motion carried with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
ORDINANCE 1283-INITIAL ZONING -WHITE EXATI0N._1'0_g-3-1$T READING
This land is currently zoned County R-1. Upon annexation the City
needs to determine the initial zoning for the City. The
recommendation of the Planning and Zoning Commission is to support
the requested zoning of R-3.
Atkinson moved Ordinance 1283, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by zoning property known as Assessor's Tract
24A located in Section 8, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana (previously zoned County R-1, Suburban
Residential), City R-3, Urban Single Family Residential, in
accordance with the City -County Master Plan, and to provide an
effective date. The motion was seconded.
There was discussion and Narda Wilson answered questions.
Donahue asked why the R-3 zoning includes an undevelopable area -
near Lawrence Park.
Wilson stated the petitioners own the entire parcel and past
practice has been to avoid having zoning district boundaries bisect
a single parcel. She added the petitioners are aware the area
located near Lawrence Park is undevelopable, but have also been
informed of an interest on the part of the City to purchase that
area.
Donahue commented since the area is undevelopable, if the City
purchases it the zoning would have to be changed again to P-1.
Wilson disagreed, stating parks are allowed in the R-3 zone.
Haarr concurred with Donahue stating the differences in the
property makes a mockery of zoning. He added he too hopes the City
can acquire the parcel near Lawrence Park in the future and would
rather see it zoned P-1.
Wilson said she would be concerned with a P-1 classification
because that indicates the property is public. She said the
majority of the P-1 zones are held by the City or the County.
Wilson added this area is still privately owned so she would
question the appropriateness of the public designation.
Larson said he didn't see where Council had a choice right now
other than to zone the property R-3 because the area in question,
if made P-1, would have to first be delineated from the rest of the
property by survey.
Boharski asked whether it would be better, before the 2"d reading
of the Ordinance, to find out if it would be possible to leave that
area as R-1.
Nystul said he felt the one parcel should be brought in as one
zone, and if and when the City buys that certain portion then
Council could consider changing it.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Kennedy, Larson, Nystul, Scarff, Van Natta and
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Boharski voting in favor.
Y-_ZONE CHANGE R -
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This land is currently zoned R-3 and RA-1 and comprises several
properties located on the east side of North Meridian Road just
south of Three Mile Drive. The applicants are asking for an RA-3
zoning designation which allows for office buildings. The Kalispell
City -County Planning Board is recommending classification of R-5.
Krepps said he disagrees with the Board's recommendation and would
like to see the area zoned RA-3. He explained he is concerned with
the Planning Board's recommendation for several reasons:
1) R-5 allows duplexes and offices but no apartments.
2) RA-3 allows duplexes and offices as permitted uses and
apartments as conditional use.
3) Meridian Point Apartments are included in the re -zoning an R-5
classification would make then non -conforming.
Nystul moved Ordinance 1284, an ordinance to amend Section
27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance,
(Ordinance No. 1175), by rezoning property owned by Glen and
Mildred Thompson, Cecil and Isabel Noble and Catherine McKinley,
Living Trust, Kalispell, Flathead County, Montana, (previously
zoned R-3, Residential and RA-1, Residential Apartment District),
to an R-5, Residential/Professional Office District, in accordance
with the City -County Master Plan, and to provide an effective date.
The motion was seconded.
There was discussion and Narda Wilson answered questions.
Nystul said the concerns of the residents on West Arizona is the
amount of traffic on West Arizona and the potential for a shortcut
through the parcels onto Meridian Road.
Wilson said she thought that when Public Works approved an approach
permit off of Arizona, it could, at the same time, deny an
additional approach off Meridian to prevent a shortcut situation.
Van Natta asked why the Planning Board has recommended R-5.
Wilson said residents at the public hearing last month were
concerned that additional apartments in the area would increase the
overcrowding of Russell School. She felt the Planning Board
addressed those concerns by not allowing apartments in that
district, even though they are allowed as a conditional use. Narda
added maybe the Council, if concerned, should review the entire
Neighborhood Plan for that area.
Boharski asked if the area possibly developed more densely than
anticipated when the Neighborhood Plan was adopted in 1994.
Wilson said she thought there has been more of an impact to Russell
School than anticipated, but she's not really sure.
Haarr commented that density is a concern in that area and even a
remake of Meridian Road will not alleviate the traffic problem. He
said apartments may not be in the best interest to the area and
concluded by stating he is in favor of the R-5 zoning
classification.
Larson moved to amend the ordinance by striking the R-5 designation
and adding instead; "previously zoned R-3, Residential and RA-1,
Residential Apartment District, to an RA-3, Residential
Apartment/Office District." The motion was seconded.
There was a more discussion.
Nystul asked Wilson if it was possible to do RA-3 for Meridian
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Point north and RA-5 for the three southerly lots.
Wilson said the staff's recommendation is to rezone the entire area
RA-3 which allows more flexibility.
The motion carried with Atkinson, Donahue, Graves, Larson, Nystul,
Scarff, Van Natta and Boharski voting in favor and Haarr voting
against.
Boharski asked if there was any further discussion prior to voting
on the amended Ordinance 1284.
Nystul asked that his concerns over vehicular traffic and access
from the parcels at the west end of West Arizona Street be added
for the record.
So ordered by Boharski.
'With a roll call vote the motion carried with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
CONDITIONAL USE PER IT -HARMONY HOUSE GROUP HOME
Based upon the Findings of Fact, the unanimous vote in favor by the
Kalispell City -County Planning Board, and no opposition at the
public hearing, Krepps recommended approval of the conditional use
permit to allow the use of an existing home to provide a group home
for a maximum of six seniors who do not require skilled nursing
care.
Haarr moved granting the conditional use permit for Harmony House
Group Home, with five (5) conditions, to applicants Peggy and
Charles Junge to allow the group home located on the west side of
Fourth Avenue West and north of Third Street west, and described as
Lot 4, Block 51, Kalispell Original in Section 18, Township 28
North, Range 21 West, P.M.M, Flathead County, Montana. The motion
was seconded.
There was discussion and Narda Wilson answered questions.
Donahue voiced concern about condition number three (3) which
states "the fencing along the northern boundary of the property be
repaired and/or replaced prior to occupancy of the facility." He
asked for the justification of the condition.
Wilson said the fence appears to be a health and safety hazard in
its present condition.
Donahue asked if the condition could be made as a recommendation
instead of a requirement.
Wilson said the property owners do intend to fix the fence and the
Council can delete the condition, but she added when the staff
report was written it was an obvious hazard.
Donahue moved to strike condition number three (3) from the CUP.
The motion was seconded.
Larson said if the condition is removed from the permit, and if the
fence is not taken care of, the City has no recourse. For an
example, Larson cited a similar case on Airport Road where the
fence is falling into a neighbor's yard and nothing can be done
short of hiring an attorney and pursuing a civil case.
Wilson agreed, saying it does give the City some leverage.
The motion carried with Donahue, Haarr, Nystul, Scarff, Van Natta
and Boharski voting in favor and Atkinson, Graves and Larson voting
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against.
When questioned by Boharski as to whether the group home would be
designated as a Community Residential Facility, Wilson said it
doesn't fall under the definition of a Community Residential
Facility as outlined in State statute. She added it would be
licensed as an Assisted Living Facility.
The motion to approve the CUP as amended carried with a unanimous
vote.
CONDITIONAL USE PERMIT -1ST AVENUE WEST CASINO
Based on the Findings of Fact, the staff recommendation, the
Planning Board's recommendation to approve and the lack of
opposition, Krepps recommended approval of the conditional use
permit allowing the addition of a casino to an existing bar and
restaurant, with four (4) conditions.
Haarr moved granting the conditional use permit to 15t Avenue West
Casino, formerly lst Avenue West Restaurant, with four (4)
conditions, to Lohfers, LLC, David D. Armstrong, to allow the
addition of a casino to the restaurant located on two half city
lots described as Lots 15 and 16, Block 46, Kalispell Original in
Section 18, Township 28 North, Range 21 West, P.M.M, Flathead
County, Montana. The motion was seconded.
There was discussion.
Wilson brought out a point of concern stating staff is in a dilemma
on how to treat casinos because bars, taverns and cocktail lounges
are listed as a permitted use and casinos are listed as a
conditional use. She said under today's licensing structure for
all beverage licenses and gaming facilities you don't typically
have a bar, tavern and nightclub without the casino element. what
it comes down to is if a local restaurant or bar has fourteen (14)
or fewer machines and does not have "casino" as part of its name,
then it is not classified as a casino and therefore does not have
to get a conditional use permit. Wilson said she would like to see
casinos made an accessory use to bars, taverns and cocktail lounges
or make bars, taverns, cocktail lounges and casinos all a
conditional use.
Wilson also thought it might interest the Council to know that it
has been a practice of property owners in the past to get an all
beverage license that's located right at the five -mile limit
outside the City of Kalispell. She said once the City limits
expand that license is now worth 10 times what it was when they
first bought it. Wilson stated with the expansion of the city
limits out by State lands, it is her understanding two more casinos
plan on coming into Kalispell and within the last week she had
three people come into the FRDO office asking where the five mile
limit is on Highway 35. Wilson said she feels there should be a
policy decision by the Council on how to handle these problems.
Donahue questioned Wilson on condition number two (2) which limits
neon lighting to one additional strip along the top of the
building. He asked what the sign ordinance covers in regard to neon
lighting.
Wilson answered the condition was not related to signage, but to
limit the potential garishness that could be created by excessive
neon lighting on the building.
Donahue said he applauded Wilson's efforts to make the downtown
look better but added that by trying to limit lighting the City may
run into an equal protection problem.
Nystul asked how neon lighting around a building is typically
regulated and what control does the City have over existing
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businesses that may choose to follow suit.
Wilson said part of the reason the City has uses in a conditional
use category is to ensure neighborhood compatibility and ensure the
aesthetics of the area are protected. Wilson said casinos are
notorious for doing things that attract attention, and even though
that may not be the case in this instance, they are still notorious
for over lighting. She said the intent of condition number two (2)
was to give the business some artistic freedom, while at the same
time, limit excessive lighting.
Boharski expressed concern over the parking scheme and the
potential of a tremendous number of cars trying to park in that
area. He said he can foresee the parking spilling over into the
Plaza West parking area taking up professional office spaces.
Wilson agreed parking is an ongoing concern in the downtown area
but under -the zoning ordinance the 15t Avenue West Casino is not
required to provide additional parking because it's an existing
building and no expansion is planned.
Haarr said traffic is the heartbeat of a central business district
and would remind everyone business never was as good as when the
City had the community college and its six hundred students, no
surface parking lots and retail stores in every building. He said
people still found a place to park to get to the businesses and a
casino is good for business. Haarr added as far as the lighting is
concerned all you have to do is look at Las Vegas, the fastest
growing community in the country. He said they don't spare the
wattage because the lighting creates an aura to attract people and
that's what Kalispell should want to do.
Scarff asked whether this is a full-fledged casino and what the
square footage of the gaming area will be.
Wilson answered the casino is allowed 20 machines total and the
size of the gaming area looks to be about 850 square feet.
The motion carried with Donahue, Haarr, Larson, Nystul, Scarff and
van Natta voting in favor and Atkinson, Graves and Boharski voting
against.
-ESTATE OF JERKY
This has been an on -going dispute over material and labor bills
incurred by the City for the installation of water service to a
condominium project between Airport Road and 15t Avenue West. Neier
stated the City filed suit against the Syth Estate in April of 1997
for the full amount of $6113.00 plus interest. In February, 1998
the Estate made claim against the City for water and sewer
connection fees paid for, but not used, in the amount of $1,292.00.
Neier said because there was no formal written agreement between
the City and Syth, and because Syth could have retained the
services of an independent contractor with minimum City assistance,
he recommended the Council approve settlement of the claim and
stipulate to the dismissal of the case. Neier said the City will
be compensated totally in the amount of $3,787,00 for material,
with credit to the Syth Estate for $1,292.00 previously paid for
water and sewer connection fees.
Larson moved the approval of the settlement in City of Kalispell
vs. Estate of Jerry Syth. The motion was seconded.
Scarff asked how the City can prevent a similar situation from
occurring again.
Neier said under the current Public Works administration he doesn't
believe it will happen again.
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Donahue suggested that in the future Public Works require a written
agreement.
The motion carried.
KAT.T fi AP.T.T. F R KTNG OMMT R 4 TON APPOINTMENT
A vacancy has been created on the Commission with the resignation
of Mike Stocklin. Boharski recommended to the Council the
appointment of David Dittman.
Haarr moved to appoint Dittman to the Kalispell Parking Commission.
The motion was seconded.
The motion carried.
COUNCIL QUESTIONS AND COIENTS
Boharski inquired as to the City's policy concerning department
directors attending Council meetings.
Krepps said at this point if there is something specific to the
department they will attend.
Haarr asked Larry Gallagher about the status of the sale of the
National Flood building.
Gallagher said a final offering document is being prepared with
bids and proposals due April 14.
Haarr also inquired about the status of Daley Field.
Gallagher stated he plans on coming back to the Council this month
with a request and a recommendation that his department be
authorized to start marketing that property. He said if the Council
decides to lease the property instead of selling it, than that is
something that has to be decided soon.
Boharski said prior to the next Council meeting he would like to
have time to discuss the option of leasing and suggested the item
be placed on the next work session agenda.
Larson and Atkinson spoke against further discussion of the matter.
It was agreed to discuss Daley Field at the work session, March 23,
1998 at 6:30 p.m.
Krepps suggested the Council tour the KM building at 12:00 noon on
Friday, March 6, 1998 and meet at City Hall. All agreed.
Krepps also informed Council members of a meeting March 10, 1998 at
6:30 p.m. in the conference room at the Justice Center to discuss
South Woodland/Greenacres.
FOR YOUR INFORMATION
Next Regular Meeting March 16, 1998 at 7:00 p.m.
ADJOURN
The meeting was adjourned at 9:40 p.m.
wm.F-.Baharski .
Wm E. Boharski, Mayor
ATTEST:
Theresa White
Clerk of Council
approved 3/16/98