03/20/00 City Council Minutes1586
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M.
MONDAY, MARCH 20, 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 ATTORNEY
GLEN NEIER WERE PRESENT. CITY MANAGER CHRIS KUKULSKI WAS ABSENT.
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 March 6, 2000.
2. Approval of Claims per Payables Register-$106,580.81.
3. Award Bid - Wastewater Bio-Solids Hauling Truck
One bid was received and opened on March 2nd. Staff is
recommending the bid be awarded to METCO Kenworth in the amount
of $102,023.00.
4. Proclamation - Harmony Week.
Scarff moved approval of the Consent Agenda as presented. The motion
was seconded by Van Natta.
There was no discussion.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Greg Stevens, Planning Board Member, said when considering the Growth
Policy for the Flathead, the Council and Commissioners should keep in
mind that quality housing and good paying jobs are still nonexistent
for many people in the area.
Tom Maier, Police Advisory Council, read the Council's mission
statement and stated members are focusing right now on the school
resource officer program and the juvenile justice system.
Matt Waatti, 418 Orchard Ridge Road, said he's with Northwest
Investment Partnership which owns 4.2 acres of property near the
Outlaw Inn. He asked Council to write a letter to the State
requesting that "Lions Road" not be closed between 18th Street and
Highway 93.
Boharski suggested the issue be discussed at the end of the meeting.
ORDINANCE 1349 - 2ND READING - ORDINANCE AMENDING THE DEFINITION OF
CASINOS IN THE ZONING ORDINANCE
The proposed ordinance would change the definition to "An
establishment that offers any form of legalized gambling authorized
under Title 23, Chapter 5, MCA." It would exclude charitable
organizations and shake -a -dice games.
Scarff moved second 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 Larson.
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There was no discussion.
The motion carried unanimously upon roll call vote.
ORDINANCE 1350 - 2ND READING - ORDINANCE RECLASSIFYING CASINOS IN THE
ZONING ORDINANCE BY PLACING THEM IN THE SAME CATEGORY AS "BARS
TAVERNS, COCKTAIL LOUNGES AND CLUBS"
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. It also includes the restriction that casinos must be 300
feet or more from churches, schools, parks, residential zones and
other casinos.
Leistiko moved second reading of Ordinance 1350, an ordinance
amending §§ 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 Counsell.
There was discussion.
Haarr questioned why casinos have to be 300 feet from each other
which restricts casinos to about one in each block.
Leistiko stated it's the only effective way of controlling the number
of casinos and where they are located.
Atkinson commented the majority of the Council determined that 300
feet would make the casinos "more incognito."
The motion carried unanimously upon roll call vote.
RESOLUTION 4545 - RESOLUTION FORMALIZING AN INVESTMENT POLICY
Atkinson moved Resolution 4545, a resolution formalizing the
investment policy of the City of Kalispell, Montana. The motion was
seconded by Van Natta.
There was discussion.
Haarr asked whether the City can shift investments to longer term
investments.
Finance Director Amy Robertson said staff can look into it, but in
the past, the benefits have been found to be small.
The motion carried unanimously upon roll call vote.
APPROVAL OF UTILITY CONSTRUCTION AGREEMENT WITH MDOT
In conjunction with the Montana Department of Transportation's
upcoming reconstruction of Main Street from Washington to Center,
staff is asking Council to approve a utility agreement with MDOT for
replacing the City's 18-inch diameter water transmission main in Main
Street.
Hansz explained the current Downtown Urban Renewal District budget
includes funding of $650,000 for reconstruction of 1st Avenue East
from 6th Street East to 12th Street. He said after the completion of
the budget, it was learned that this portion of 1st Avenue East is
planned as a detour during the reconstruction of US Highway 93 South.
Hansz stated because of this, it was decided that reconstruction of
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March 20, 2000
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1st Avenue East should be delayed until after the US 93 work and
staff is asking that instead, Council approve the replacement of the
City's water transmission line on Main Street.
Van Natta moved Council authorize the City Manager to sign the
Utility Construction Agreement with the Montana Department of
Transportation. The motion was seconded by Scarff.
There was discussion.
The motion carried unanimously upon vote.
MAYOR/COUNCIL/CITY MANAGER'S REPORTS
Boharski asked Public Works Director Jim Hansz to comment on Waatti' s
request of the Council to write a letter to the State asking them to
keep "Lions Road" open.
Hansz said the current design for Highway 93 calls for the closure of
that road. He commented that it seems irregular to make a specific
request on behalf of a private property owner, however the City
wouldn't object to a driveway access if an application for an
approach permit is filed.
Leistiko said he feels leaving the road open would also be beneficial
to the City for access to Lions Park.
Haarr moved the City support the effort to maintain the Lions Park
road as a right -turn in, right -turn out access to and from Highway 93
and that the Public Works Department work in that direction. The
motion was seconded by Larson.
There was discussion.
Van Natta said to prevent a thoroughfare on that road, maybe the
entrance on the east end of the road should be closed.
The motion carried upon vote with Atkinson voting against.
Leistiko moved the City send a letter to the Flathead County
Commissioners asking them to impose the same casino regulations in
the County as the Council has imposed in the City. The motion was
seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
ADJOURN
The meeting was adjourned at 8:00 p.m.
ATTEST:
Theresa White
City Clerk
approved April 3, 2000
i,1m.E.�oharski .
Wm. E. Boharski
Mayor
Kalispell City Council Minutes
March 20, 2000
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