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
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March 6, 2000
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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.
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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.
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March 6, 2000
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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.
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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
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Wm. E. Boharski
Mayor
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March 6, 2000
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