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07/06/99 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. TUESDAY, JULY 6, 1999, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY GLEN NEIER AND CITY MANAGER CHRIS KUKULSKI WERE PRESENT. COUNCIL MEMBERS JIM ATKINSON AND NORBERT DONAHUE WERE ABSENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda with the removal of Consent Agenda Items 5 & 6 and the removal of regular Agenda Item E/3. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL 1. Council Minutes -Regular Meeting June 21, 1999 Council Minutes -Special Meeting June 28, 1999 2. Approval of Claims per Payables Register-$310,687.41 3. Award Bid - 5th Avenue WN Water System Improvement Project The City received bids from Crocket Excavating, LHC Inc., Pack & Company, Sandon Construction and Timberland Construction. Sandon Construction was the low bidder with a bid totaling $99,944.00. The Engineers'estimate totaled $105,650.00. 4. Award Bid - Storm Drainage, Street Paving and Sidewalks Improvements for the 9th Street Project The City received bids from A-1 Paving, LHC Incorporated, Pack bidder with a bid totaling $101,417.00. The Engineers' estimate totaled $106,480.00. 5. Award Bid - E1 Dorita Lift Station (Removed from the Agenda) 6. Recognition of 25 Years of Service by Sergeant Bob Lanfear (Removed from the Agenda) Van Natta moved approval of the Consent Agenda. The motion was seconded by Nystul. There was discussion. Nystul asked that the amount of the bids be added to the official minutes. There was no objection. The motion carried unanimously upon vote. HEAR THE PUBLIC Mike Grachek, 121 Garland, commenting on the recent streetscape study, said the City has ample parking which isn't being utilized now. Troy Holt, KPA President, said the City's recent advertisements are "less than honest" when stating officer's salaries and he said if the Council would simply give back the officers their prior contract hours, a contract could be negotiated. Ann Stafford, West Arizona Street, said the City has stated the Kalispell City Police force is one of the highest paid in the State when actually, they are one of the lowest paid. PUBLIC HEARING - 1999/2000 BUDGET Council is required to hold a Public hearing for comment on the City`s proposed budget. Boharski opened the public hearing. The following spoke in favor None 1485 The following spoke in opposition: None Boharski closed the public hearing. CONDITIONAL USE PERMIT REQUEST FROM COLUMBIA FALLS LOUNGE CORPORATION, INC. Council will consider a request to allow conversion of an existing tavern to a casino. The tavern proposed for conversion is the Fireside Lounge located at the east end of the Kalispell Center Mall in the lobby area of Cavanaugh's hotel. Boharski called for a motion. No motion was presented. Narda Wilson, FRDO, said if the conditional use permit is denied, the Council will have to make some reasonable findings on which to base the denial. Nystul said the lack of interest to make a motion shows the Council's concern over the number of casinos in the City. He asked Neier if the Council could deny the permit based on location and family atmosphere. Neier answered there isn't much the Council can do to deny the conditional use permit. He said the Council could possibly change the zoning regulations to restrict casinos to a certain zone, for example, industrial zones, but from a legal perspective, he feels there is very little basis to deny the permit at this time. Kukulski said he agrees that the Council is on "shaky legal ground" if it chooses to deny this permit, but added if members wish to change the regulations, staff would be willing to research the issue for the future. Nystul suggested discussing the issue at the next workshop and bringing it back before the Council on July 19th. Dan Johns, Attorney for Columbia Falls Lounge Corporation, Inc., said the City has created a zoning ordinance that allows different uses in different classifications and casinos are allowed in conjunction with bars and taverns. He said what Council members do in the future is something different, but there is no valid reason to deny this application. Graves agreed, stating the Council is "trying to close the gate after the horse has already got out" and he feels they are locked into approving it. Graves moved approval of the Conditional Use Permit. The motion was seconded by Van Natta. There was discussion. Haarr said he's disappointed that Cavanaugh's has chosen to expand gambling on the premises. He said it could have been a playroom or something else that could have blended in with the family atmosphere and promoted the sale of merchandise. Van Natta said he feels the Council has to support this application legally, but he hopes the City can work on ways to stop the proliferation of gambling in the future. The motion carried unanimously upon vote. WESTBROOK SQUARE - TAX INCREMENT FUND REQUEST City Service is requesting a reimbursement of 50% of additional costs associated with sidewalks, curbs and beautification improvements within the City's right-of-way along Glenwood Drive. Larson moved to amend the agreement with Westbrook Square to include an additional reimbursement up to $12,135.00. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1325 - ONE-WAY TRAFFIC ON THIRD STREET FROM SECOND AVENUE EAST TO SECOND AVENUE WEST - 1ST READING (Removed from the Agenda) ORDINANCE 1326 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - MINIMUM PARKING STANDARDS - 1ST READING The Planning Board is recommending the Council amend Section 27.26.050 (16) (17) & (30) reducing parking requirements for medical and dental Offices along with drive -through and fast food restaurants. Scarff moved first reading of Ordinance 1326, an ordinance amending Section 27.26.050 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the "Parking Minimum Standards by Use" of off- street parking, medical and dental offices, combining drive-in restaurants and fast food restaurants into one category, and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1327 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ADMINISTRATIVE CONDITIONAL USE PERMIT - 1ST READING The Planning Board is recommending the Council amend Section 27.34.030 (9) by adding the Zoning Administrator may issue an Administrative Conditional Use Permit for any minor amendment to an existing Conditional Use Permit. Nystul moved first reading of Ordinance 1327, an ordinance amending Section 27.34.030 (8) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by creating new Sections 27.34.040 (1) Issuance of a Conditional Use Permit, and 27.34.040 (2) Administrative Conditional Use Permit, and declaring an effective date. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1328 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - BANKS, SAVINGS AND LOANS AND FINANCE COMPANIES - 1ST READING The Planning Board is recommending the Council amend Section 27.14.020 to add Banks/Savings and Loan/Finance and Loan Companies as a permitted use in the B-2 zone. Haarr moved first reading of Ordinance 1328, an ordinance amending Section 27.14.020 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by allowing banks, savings and loans, and finance companies as permitting uses in the B-2, General Business District, and declaring an effective date. The motion was seconded by Graves. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1329 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ADDING AND DELETING CERTAIN DEFINITIONS - 1ST READING The Planning Board is recommending the Council amend Section 17.37.010 (179) and Subsections 27.37.010 (212) (a through o) of the Kalispell Zoning Ordinance. Larson moved first reading of Ordinance 1329, an ordinance amending Section 27.37.010 of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by amending the definitions of professional offices and sexually oriented businesses, and declaring an effective date. The motion was seconded by Scarff. There was discussion. 1487 Nystul asked that between the first and second reading the Council is provided with some history of the B-1 zones and the number of vehicles per day relating to different types of businesses. Boharski commented he doesn't feel any of the definitions of sexually oriented businesses should be removed. He said they clearly set out what's allowed and what's not allowed. Wilson said sexually oriented businesses are only allowed in one zoning district as a conditionally permitted use. She said the definition "adult arcade, adult book store, adult video store, adult motel, adult motion picture theater, escort agency, nude model studio and sexual encounter center" is extremely explicit and the additional four pages of definitions just aren't needed. The motion carried upon roll call vote with Graves, Haarr, Larson, Nystul, Scarff and Van Natta voting in favor, and Boharski voting against. ORDINANCE 1317 - INITIAL ZONING REQUEST BY DAVID AND DEANNE BERGER - 2ND READING On first reading the Council passed a zoning designation of R-4, Two Family Residential, for approximately 0.62 of an acre located on the north side of Belmar Addition subdivision which lies west of Airport Road. Scarff moved second reading of Ordinance 1317, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as the northeast quarter of the northeast quarter of Section 19, Township 28 North, Range 21 West, P.M.M, Flathead County (Previously zoned County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with the City - County Master Plan, and to provide an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1318 -_INITIAL ZONING REQUEST BY GEORGE E. SCHULZE - 2ND READING On first reading the Council passed a zoning designation of B-1, Neighborhood Buffer District, on approximately 5.536 acres located on the northeast corner of Whitefish Stage Road and West Evergreen Drive. Graves moved second reading of Ordinance 1318, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as approximately 6.83 acres on the northeast corner of Whitefish Stage Road and West Evergreen Drive, more particularly described in Exhibit "A" (previously zoned County B-1, Neighborhood/Professional Business) to City B-1 (Neighborhood Buffer District), in accordance with the City -County Master Plan, and to provide an effective date. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1319 - ZONING TEXT AMENDMENT REQUEST FROM THE NURTURING CENTER - 2ND READING The Nuturing Center has requested a text amendment to the parking standards for day care facilities and the definitions of day care uses. Van Natta moved second reading of Ordinance 1319, an ordinance amending Section 27.26.050(15) (Off Street Parking for Day Care Home, Day Care Center, Group Home or Nursery School) and Section 27.37.010(69) (Day Care) of the Kalispell Zoning Ordinance, (Ordinance No. 1175), by changing parking requirements for Day Care Homes and the definition of "Day Care" and declaring an effective date. The motion was seconded by Graves. There was discussion. Nystul asked how the parking requirements will be enforced without signage. Wilson said the enforcement would be handled on a complaint basis, the same as most other zoning violations. Nystul said he's still concerned the ordinance is taking off street parking and putting it on street without any forethought as to enforcement or neighborhood impact. Neier said the ordinance is designed to lessen the parking requirements for day care centers to make them more accessible and easier to operate. Wilson agreed, stating the request came from the Nurturing Center because of the need for day care centers in the community. She said it "would show some progressive thinking on the part of the Council to recognize that there's a special need for day care in our society in this day and age". Wilson said by allowing two loading spaces in front of a residence isn't an unreasonable trade off. Boharski commented that two times a day you're going to have, at the most, six cars at parking at the smaller day care centers and he doesn't see it as a problem. The motion carried unanimously upon roll call vote. ORDINANCE 1320 - ZONE CHANGE REQUEST FROM WALLE AND MARY LOU LINDSAY - 2ND READING The Lindsays have requested a zone change from RA-1 to B-3 on approximately 0.79 of an acre on the west side of North Meridian Road and north of Two Mile Drive approximately 150 feet. Graves moved second reading of Ordinance 1320, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1175), by zoning certain real property described as Lot 1 of Stubbs Addition No. 58 located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, in accordance with the City -County Master Plan, and to declare an effective date. The motion was seconded by Nystul. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1321- ORDINANCE AMENDING CITY CODES §17-58 AND §17-114 - 2ND READING The recent addition of the Police Department's bike patrol requires an amendment to the City Code that prohibits the riding of bicycles on sidewalks and the recent addition of a radar trailer requires a change to the City Code that prohibits leaving an unattached trailer in the city limits. Scarff moved second reading of Ordinance 1321, an ordinance amending Chapter 17, Motor Vehicles and Traffic, Kalispell City Codes, Sections 58 and 114, by amending R.O. 1947, Sections 368 and 923 and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1322 - ZONING TEXT AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - ACCESSORY BUILDING HEIGHTS - 2ND READING The Planning Board has recommended the Council amend the height limitation for accessory buildings from 15 feet to 18 feet. Larson moved second reading of Ordinance 1322, an ordinance amending Section 27.22.020(3)(f) of the Kalispell Zoning Ordinance, • (Ordinance No. 1175), by allowing accessory building heights of eighteen (18) feet, and declaring an effective date. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1323 - ZONING TEXT_ AMENDMENT AS RECOMMENDED BY THE KALISPELL CITY -COUNTY PLANNING BOARD - SIDE CORNER SETBACKS - 2ND READING The Planning Board is recommending the Council decrease the side corner setbacks to alleviate frequent problems involving smaller lot sizes in the older parts of town. Scarff moved second reading of Ordinance 1323, an ordinance amending the Kalispell Zoning Ordinance, (Ordinance No. 1175), adding a new Section 27.22.140 by allowing adjustment of the side corner setback on corner lots less than 35 feet in width, and declaring an effective date. The motion was seconded by Larson. There was no discussion. The motion carried unanimously upon roll call vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Kukulski presented a letter to the Council from Steve Dunfee of the Buffalo Hills Golf Course concerning improvements and historical information. Kukulski said meetings are scheduled for tomorrow between the City, the Kalispell Police Association and the mediator. Boharski stated he wanted to inform the public that all negotiations at this time, because of different governing rules, are required to go through the mediator. Van Natta informed the Council that the 911 Board met today and the draft plan, with all corrections included, should be completed in August. He said following that, informational meetings will be held with the various emergency agencies involved and hopefully a final plan can be signed and submitted to the State by the end of August or early September. Boharski said he attended a Montana Highway Commission meeting with Commissioner Dale Williams and learned the State will be reducing the speed to the north entrance of FVCC to 45 mph and 55 mph from the college to West Reserve. ADJOURN The meeting was adjourned at 8:26 p.m. ms.bohar*i . Wm. . Boharski Mayor ATTEST: eresa White City Clerk approved July 19, 1999