Loading...
03/02/98 City Council Minutes1123 1123 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 $400.00 for their Beer & Wine Licenses to the State they can postpone receiving the license until July 1`t thereby not having to pay the fee again in three months. Jeffery Calnan, Trattoria on Main, 34 Main Street, pointed out the discrepancies between the traditional liquor licenses and the beer and wine licenses and feels the license should be taxed based on its market value which is less than a traditional license. __BAMA- FINAL _PLAT This Resolution will approve the final plat of Tire -Rama Subdivision. Due to the relatively minor impacts the subdivision poses, preliminary plat approval was waived by the Flathead Regional Development Office. Larson moved Resolution 4394, a resolution approving the final plat of Tire -Rama Subdivision, located in the Southwest Quarter of Section 17, T28N, R21W, P.M.M., Kalispell, Flathead County, Montana. The motion was seconded. The motion carried upon roll call vote with Atkinson, Donahue, 1124 1124 Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski voting in favor. QRDINANCE 1282-BEER/WINE__LICEN$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 1 1 I 1125 1125 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. 1126 1126 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 I 1 1127 Boharski voting in favor. Y-_ZONE CHANGE R - 1127 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 1128 1128 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 1129 1129 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 1130 1130 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. 1131 1131 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