* Agenda & MemoAGENDA
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
1. Consent Agenda Approval
7:00 P.M. MONDAY
August 3, 1998
A. Council Minutes - Regular Meeting July 20, 1998
B. Approval of Claims per Payables Register $295,146.81
2. Hear the Public (Please see the back of agenda for Manner of Addressing the Council)
Parking Commission Update
3. PUBLIC HEARING
Police Block Grant
4. Resolution 4417 - Police Block Grant
5. Resolution 4418 - Preliminary Plat Approval - Buffalo Stage Professional Park
6. Ordinance 1289 - Ordinance 1166 Amendment - 2nd Reading
7. Ordinance 1290 - Zone Change - Ivan & Marian O'Neil
8. Conditional Use Permit - Western Catering, Inc., dba Magic Diamond Casino
9. Conditional Use Permit - Montessori School
10. Award Bid - Samaritan House Phases III & IV
11. Approval of Position Description - Community Development Director
12. Approval of Position Description - Police Chief
13. Council Comments/Information/Questions (no action)
FOR YOUR INFORMATION
Council Budget Work Session - August 5, 1998 at 7:00 p.m. (possibly August 6 as well)
Special Meeting - Adopt Final Budget - August 10, 1998 at 7:00 p.m.
Regular Meeting - August 17,1998 at 7:00 p.m.
AGENDA MEMORANDUM
AUGUST 3, 1998
TO: Mayor and City Council
FROM: Glen Neier, City Attorney
Agenda Item No. 1. Consent Agenda — Included in your packet is
the Consent Agenda, consisting of the
following:
A) The Council Minutes of the Regular City Council
Meeting of July 20, 1998 are included for your
review and approval.
B) The Approval of Claims per Payable Registered in
the Amount of $2951146.81 is included for your
review and approval.
Agenda Item No.—Z. Hear the Public
Parking Commission update from John Harper.
Agenda Item No. 3. Public Hearing — Police Block Grant
The Kalispell Police Department has an opportunity to apply
for a U.S. Department of Justice, Community Oriented Policing
Grant (COPS) . The grant would be used to fund overtime for
officers engaged in bicycle patrol and juvenile substance
abuse prevention. The grant as written is for $9,323.00.
Federal regulations require the City to demonstrate that a
public hearing was noticed and held on the grant application.
A public hearing should be opened under Agenda Item No. 3 and
proponents and opponents requested.
g Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
Agenda Item No.A. Resolution No. 4417 — Police Block Grant
Upon conclusion of the public hearing under Agenda Item No. 3,
should the Council desire, it would be appropriate to pass
Resolution No. 4417 authorizing the grant application. I
don't believe the receipt of the grant should precipitate any
subsequent budget amendment.
Agenda Item No. 5. Resolution No. 4418 — Preliminary Plat
Approval — Buffalo Stage Professional Park
Buffalo Stage Professional Park is a Professional Office
subdivision located near Edgerton School on Whitefish Stage.
It has the potential of being developed into eight (8)
separate offices with a variety of uses authorized under the
Residential Professional Office, R-5 of the Kalispell Zoning
Ordinance. The City -County Planning Board recommended
preliminary approval of the subdivision and attached 13
conditions, the last one being the statutory 3 year approval.
The Planning Board did eliminate one condition concerning
landscaping of along Bruyer Way (condition # 11, FRDO Report
No. KPP 98-1). Additionally, since the Planning Board
meeting, Dr. Mason and the Zoning Administrator have
determined that Condition # 6 may present problems in terms of
the Zoning Ordinance. Therefore, we recommend that the
language contained in Condition # 6 be amended to read: "Any
signage associated with individual businesses within the
subdivision must comply with the Kalispell Zoning Ordinance".
After the Council has considered and determined a proper
course of action on the proposed changes, the subdivision
otherwise complies with the subdivision regulations and a
motion to approve Resolution No. 4418 is in order.
Agenda Item No. 6. Ordinance No. 1289, amending Ordinance No.
1166, Administration
Ordinance No. 1166, (Chapter 2, Kalispell City Code) provides
that the Manager represents the City in administration of
local government service agreements and intergovernmental
administrative agencies. The Ordinance specifically mentions
the County Administrative Board, City -County Health Board and
City -County Planning Board and Zoning Commission. (Section 2-
28, f.) Section 2-3 designates the Mayor to appoint with the
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consent of the Council all members of advisory boards and
commissions, and the City Attorney. It has been suggested that
the City Manager should not be designated by Ordinance as the
City representative on the CAB, Board of Health, or City -
County Planning Board and Zoning Commission. In practice the
Manager has served as the City's representative on the CAB,
only, with Council members being appointed to serve on the
Board of Health and City -County Planning. In the event the
proposed change is made, the Mayor's authority to appoint,
with the consent of the Council, would then necessarily need
to be amended to allow for designating representatives. The
change would not mean that the Manager could not serve on the
CAB, Board of Health or City -County Planning. It would require
the appointment to be made by the Mayor, subject to approval
by the Council. Ordinance No. 1289 would accommodate the
suggested changes. The amended Ordinance passed first reading
at the July 20th meeting. Appropriate changes have been made
to the Ordinance and it is ready for final adoption should the
Council desire.
Agenda Item No 7. Ordinance No. 1290 — Zone Change — Ivan and
Marian O'Neil
Ivan and Marian O'Neil have applied for a zoning map amendment
on three (3) tracts of land located between 311 and 5th Avenues
East, generally East of the Outlaw Inn and North of Western
Building. The property is currently zoned Low Density
Residential Apartment, RA-1. The O'Neil's desire to re -zone
the property to General Business, B-2. B-2 zoning would
authorize a more intense use of the property for commercial
purposes than is allowed under the RA-1 designation. FRDO
reviewed the application and recommended approval (KZC-98-2).
The City -County Planning Board and Zoning Commission
recommended approval of the zoning amendment after altering
Finding of Fact # 2, to reflect the marginal ability of the
road system to handle traffic generated from development of
the property. Ordinance No. 1290 has been prepared for your
consideration and passage, with the noted change to the
findings of fact recommended by the Planning Board and Zoning
Commission.
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Agenda Item No. 8. Conditional Use Permit — Western Catering,
Inc., dba Magic Diamond Casino
Magic Diamond Casino, located at Cavanaugh's, has requested a
conditional use permit to expand the operation by
approximately 1000 square feet. The plans involve enlarging
the casino area, and include a small kitchen and restrooms.
The City -County Planning Board and Zoning Commission
recommended approval of the application with three conditions.
A Grant of Conditional Use has been prepared for Council
consideration. A motion to adopt the Grant is in order should
the Council desire.
Agenda Item No.9. Conditional Use Permit — Montessori School
Montessori School has made an application for a conditional
use permit to expand the school operation by utilizing an
existing single family house located adjacent to the school
for class rooms. The expansion would allow an increase in
enrollment of approximately 20 children. The property (Lots
5, 6 and 7, Block 2, Willis Addition) is located in a
Residential Apartment, RA-1 zone and public and private
schools are allowed as a conditional use. One concern
expressed by members of the public who attended the Planning
Board and Zoning Commission hearing on the matter as well as
City staff is that Montessori School has a limited number of
parking spaces available for the existing campus, let alone
for any expansion. The Planning Board and Zoning Commission
included as a condition required parking must be met on site,
both for patrons and staff. The Council may wish to require
a parking analysis for the entire campus as a supplement to
the condition imposed by the Board. This office did not make
the change.
Agenda Item No.10. Bid Award — Samaritan House Phases III & IV
Bids for the Samaritan House expansion, Phases III and IV were
received on July 24, 1998. The City received two bids.
Treweek Construction bid $199,700.00 with a bid alternative of
$4,500.00. Swank Construction bid $175,700.00 with a bid
alternative of $5,200.00. Susan Moyer has submitted a report
recommending an award to Swank Construction, which is attached
hereto.
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Agenda ltem No. 11. Community Development Director Job Description
I have enclosed for Council examination a copy of the
Community Development Director's Job Description. I have not
altered the description significantly from the original form.
After some consideration, I believe it necessary to recruit a
person for the position left vacant by Larry Gallagher. The
Position Description seems to adequately address in the
abstract the qualifications need by the City. I realize in
the past the City has emphasized the "counselor of real
estate" attributes of the position. The Council should be
aware that the Community Development Director has more duties
than merely peddling real estate. In my estimation it is
probably important to recruit an individual with some skills
in administration and contract negotiation, with technical
abilities. Approval of the description would assist us in
finding a replacement.
Agenda Item No. 11. Police Chief Job Description
I have included in your packet a suggested Job Description for
the Chief of Police. I have altered the Education and
Experience requirement to allow for a Associate Degree and
indicated consideration would be given for Police Officers
Standards and Training Certificates obtained by individuals
applying for the position. Under the Council Policy, Job
Description changes must be approved by the Council. If the
Council approves the suggested description, this office and
the Personnel Specialist will proceed with dispatch to fill
the position in accordance with City policy. Approval of the
description would be appreciated.
Agenda Item No. 12. Matters Worthy of Special Council Attention
A) Included in your packet are two memoranda, one from Jim
Hansz, Director of Public Works and the other from Frank
Garner, Interim Chief of Police, concerning the recent
episode regarding the City water system. Rather than
attempting to define a policy the memoranda basically set
forth in a factual manner the events precipitating the
episode. The City is currently involved in an on -going
disaster and emergency planning program with Flathead
County and various other governmental agencies in the
County. Hopefully, once developed and implemented, the
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program will provide the City with an overall pro -active
plan to deal with various types of emergencies. Command
and control issues and the dissemination of information
will be addressed in the plan, so that only those senior
agency officials involved in the emergency will be in
charge.
B) I have also included a memo from Jim Hansz regarding the
condition of Noffsinger Springs, as well as a follow-up
letter received by the City within the last few days.
DEQ appears to be concerned about the safety of the
Springs, and the City Public Works Department will be
addressing those concerns in an appropriate manner within
the next few weeks and months. We do not desire to
abandon the supply, and may be required to develop a
program which will assure DEQ of the quality of the
water.
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