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
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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.
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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,
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(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