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03/06/00 City Council Minutes1581 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 6, 2000, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, DON COUNSELL, DALE HAARR, RANDY KENYON, DUANE LARSON, FRED LEISTIKO, DOUG SCARFF, RON VAN NATTA AND CITY MANAGER CHRIS KUKULSKI AND CITY ATTORNEY GLEN NEIER WERE PRESENT. Mayor Boharski called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved approval of the Agenda as presented. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA'APPROVAL 1. Council Minutes -Regular Meeting February 22, 2000 2. Approval of Claims per Payables Register-$332,428.87 3. Award Bid - Garbage Truck Three Bid were received for a 26 Yard Tandem Axle Garbage Truck, one from Kois Brothers and two from Transport Equipment. Staff recommended the bid be awarded to Kois Brothers in the amount of $147,794.00. 4. Delay Award of Bid on a Sludge Truck to March 20, 2000 Bids were opened on March 2nd for a Sludge Hauling Truck and Staff asked for a delay of the bid award until the March 20th meeting. Scarff moved approval of the Consent Agenda as presented. The motion was seconded by Van Natta. There was discussion. Haarr inquired as to the status of Glacier Gold Composting. Public Works Director Jim Hansz stated he doesn't have any current information available, however they have assured the City they are doing everything they can to find someone to take over the operation. The motion carried unanimously upon vote. HEAR THE PUBLIC Mayre Flowers, Citizens for a Better Flathead, stated Citizens, along with several other organizations, will be asking the State for a moratorium on development of State lands near urban areas. Russell Crowder, Montanans for Property Rights, said the Master Plan proposal submitted by the Planning Board is an attempt to finally give some rights back to the property owners and he hopes the Council and County Commissioners will adopt it without too many changes. ORDINANCE 1348 - 2ND READING - ORDINANCE ALLOWING FOR TWO-WAY TRAFFIC ON A PORTION OF 1ST ALLEY WEST FROM 3RD STREET Scarff moved second reading of Ordinance 1348, an ordinance to amend Section 17-96(c), Kalispell City Code, allowing for two-way traffic Kalispell City Council Minutes March 6, 2000 1582 on a portion of 1st Alley West from Third Street and declaring an effective date. The motion was seconded by Larson. There was discussion. Atkinson asked if this ordinance would solve the ingress and egress problems associated with the Underground Bookstore. Police Chief Garner answered it would. The motion carried unanimously upon roll call vote. ORDINANCE 1349 - 1ST READING - ORDINANCE AMENDING THE DEFINITION OF CASINOS IN THE ZONING ORDINANCE Zoning Administrator P.J. Sorensen explained the present definition is convoluted and difficult to apply. He said the proposed ordinance would change the definition to "An establishment that offers any form of legalized gambling authorized under Title 23, Chapter 5, MCA. Sorensen added it would exclude charitable organizations and shake -a -dice games. He said the change would add more consistency to the treatment of gambling uses as well as produce a more practical and workable application of the ordinance. Bill Goodman, 1275 Lower Valley Road, said he feels Ordinance 1349 and Ordinance 1350 is a good way of limiting casinos and encouraged Council members to petition the Commissioners to incorporate the same changes in the County's zoning ordinance. Scarff moved first reading of Ordinance 1349, an ordinance amending S 27.37.010 (44), Kalispell Zoning Ordinance, by amending the definition of casinos and declaring an effective date. The motion was seconded by Leistiko. There was no discussion. The motion carried unanimously upon roll call vote. ORDINANCE 1350 - 1ST READING - ORDINANCE RECLASSIFYING CASINOS IN THE ZONING ORDINANCE BY PLACING THEM IN THE SAME CATEGORY AS "BARS, TAVERNS, COCKTAIL LOUNGES AND CLUBS" Sorensen explained if the definition of "casino" is changed without further amendments, new gaming machines would only be allowed in the B-2 and B-4 zones. He said this ordinance makes "Bars, Taverns, Cocktail Lounges and Clubs" an administrative conditional use permit in the B-2, B-3, B-4, B-5 and I-1 zones. Sorensen said the ordinance also includes the restriction that casinos must be 300 feet or more from churches, schools, parks, residential zones and other casinos. Leistiko moved first reading of Ordinance 1350, an ordinance amending H 27.14.020, 27.14.030, 27.15.020, 27.15.030, 27.16.020, 27.16.030, 27.17.030, and 27.18.030, Kalispell Zoning Ordinance, by designating "Bars, Taverns, Cocktail Lounges, and Clubs" as uses allowed by administrative conditional use permit in the B-2 (General Business), B-3 (Community Business), B-4 (Central Business), B-5 (Industrial/Commercial), and I-1 (Light Industrial) zones, and "Casinos" as a conditionally permitted use in the B-2 (General Business), B-3 (Community Business), B-4 (Central Business), B-5 (Industrial/Commercial), and I-1 (Light Industrial) zones and declaring an effective date. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon roll call vote. 1 Kalispell City Council Minutes March 6, 2000 Page 2 of 5 1583 RESOLUTION 4543 - RESOLUTION AUTHORIZING FINAL PLAT APPROVAL OF A ONE -LOT COMMERCIAL SUBDIVISION IN THE GATEWAY WEST MALL FOR THE STREAM INTERNATIONAL OFFICE This lot is located in the southeast corner of the mall property and contains 63,101 square feet to be occupied by Stream International. Preliminary plat approval was waived by the Flathead Regional Development Office on February 4, 2000 subject to four conditions. Larson moved Resolution 4543, a resolution approving the final plat of Lot 1, amended plat of the mall portion of Gateway West Addition No. 35, Kalispell, Flathead County, Montana. The motion was seconded by Scarff. There was no discussion. The motion carried unanimously upon roll call vote. RESOLUTION 4544 - RESOLUTION APPROVING THE PRELIMINARY PLAT FOR MEADOW CREEK SUBDIVISION, A TEN -LOT RESIDENTIAL SUBDIVISION LOCATED ON THE SOUTHWEST CORNER OF EIGHTH STREET WEST AND TWELFTH AVENUE WEST Boharski stated he will not participate in the discussion or the vote on the resolution due to a possible conflict of interest. Thor Jackola, Jackola Engineering, said the proposal is for an affordable housing development project and informed the Council they would like to petition the City for an SID for the paving of 8th Street West and 12th Avenue West. Leistiko said Section II, Number 2 in the resolution calls for the roadways serving the subdivision to include the pavement, or an SID for pavement. He asked Narda Wilson, FRDO, to explain. Wilson stated the developers are proposing the roadways be addressed through an SID, which requires the owners on the opposite side of the street to participate in the paving. She said Staff recommended the developers pave the roads as part of the project, but the Planning Board decided to give the option to the developers. Wilson said as long as she can remember, the City has never allowed an SID for a major subdivision. Leistiko said he would feel more comfortable striking the SID portion from the resolution and letting the developers petition for it later if need be. Wilson commented the resolution states "or an SID" giving the developers an option. She said one way or another the roads would be paved. Kenyon said according to the Planning Board minutes, Wilson stated it would be difficult to initiate an SID in this area. Wilson said it may be difficult depending on how the assessments "pencil out". She added, however, that subdivision regulations require that ingress and egress to a subdivision be brought up to City standards and it would be highly irregular for the Council to make the property owners across the street help pay for the paving through an SID. Chris Jackola, Jackola Engineering, reminded Council this is an affordable housing development and when you add the cost of paving to all the other infrastructure improvements, it increases the cost of the lot approximately eight to ten thousand dollars. Kalispell City Council Minutes March 6, 2000 Page 3 of 5 Atkinson said if the Council allows this SID, it could set a precedent that could cause trouble for the City in the future. Atkinson moved Resolution 4544, a resolution approving the preliminary plat of Meadow Creek Subdivision, Flathead County, Montana with the deletion of "or an SID for pavement" in Section II, Number 2. The motion was seconded by Leistiko. There was discussion. Haarr said in the past affordable housing was made possible through SIDs. He said it may not be fair having other property owners help pay for the paving, but it's not fair putting the entire cost on the developers which will more than likely destroy the project. Haarr moved to amend the motion by leaving Section II, Number 2, as written. The motion was seconded by Scarff. There was discussion. Neier commented the City hasn't done many SIDs in the last 15 years primarily because of a Supreme Court decision that makes it more difficult to SID vacant property. Kukulski said if the Council decides to remove the SID stipulation from the resolution, then the issue can be decided tonight. He added, however, if the Council wants to consider an SID, then he would suggest tabling the issue until staff has time to look at how the SID should be approached and all the costs involved. The amendment failed upon roll call vote with Haarr, Larson and Scarff voting in favor, and Atkinson, Counsell, Kenyon, Leistiko and Van Natta voting against. Haarr moved the resolution be tabled. The motion was seconded by Scarff. The motion to table failed upon a tie roll call vote with Haarr, Larson, Leistiko and Scarff voting in favor, and Atkinson, Counsell, Kenyon and Van Natta voting against. The main motion carried upon roll call vote with Scarff voting against. CONDITIONAL USE PERMIT - A CONDITIONAL USE PERMIT TO ALLOW FLATHEAD INDUSTRIES TO CONSTRUCT AN EIGHT -UNIT APARTMENT COMPLEX FOR HANDICAPPED AND DEVELOPMENTALLY DISABLED PERSONS ON THE EAST SIDE OF FIFTH AVENUE WEST The apartment complex would occupy three lots located on the east side of 5th Avenue West where several blighted buildings previously existed. The Planning Board voted unanimously on February 8th in favor of the conditional use permit. Van Natta moved approval of the Conditional Use Permit for Flathead Industries with the conditions attached. The motion was seconded by Haarr. There was discussion. Haarr said in Section I, Number 6, Eagle Transit is listed as the bus service to residents and suggested "Eagle Transit" be replaced with "public transportation". There was no objection. Kalispell City Council Minutes March 6, 2000 Page 4 of 5 1585 John Constenius, Flathead Industries Board Member, said he feels the location will allow the residents quick access to the downtown area and board members have no objections to any of the conditions listed in the conditional use permit. The motion carried unanimously upon vote. CONDITIONAL USE PERMIT - A CONDITIONAL USE PERMIT TO ALLOW ESI MONTANA, INC. TO OPERATE A TELEVISION BROADCAST STATION IN PART OF AN EXISTING BUILDING LOCATED AT THE SOUTH END OF EIGHTH AVENUE WEST NORTH The broadcast station would lease approximately half of the existing building to locate a corporate headquarters for four new television stations, two in Kalispell and two in Missoula. The Planning Board voted six to one on February 8th in favor of the conditional use permit. Larson moved approval of the Conditional Use Permit. The motion was seconded by Haarr. There was discussion. Leistiko asked why a condition was struck from the conditional use permit which would require the alley behind the property to be paved. Wilson said it didn't seem fair to require one business to pave the entire alley when five businesses would benefit. The motion carried unanimously upon vote. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Neier explained four checks will be issued on Wednesday to Alliance Title as part of the Stream International closing. He said two checks will be written for 1 million dollars, one check for 1.5 million dollars and one check for 7,135 dollars. Neier asked the Council to make a motion authorizing the issuance of the checks. Kenyon moved the authorization of four checks for the Stream International closing. The motion was seconded by Haarr. There was no discussion. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 9:34 p.m. ATTEST: Theresa White City Clerk approved March 20, 2000 Y wm.F- .5aharskf . Wm. E. Boharski Mayor Kalispell City Council Minutes March 6, 2000 Page 5 of 5