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08/03/98 City Council Minutes1315 1315 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, AUGUST 3, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, DOUG SCARFF, RON VAN NATTA AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. COUNCIL MEMBER NORBERT DONAHUE 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 Nystul. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL C. Council Minutes - Regular Meeting July 20, 1998 D. Approval of Claims per Payables Register-$295,146.81 Nystul moved approval of the Consent Agenda with the addition of a $204,155.65 payment to LHC Incorporated in conjunction with the Youth Athletic Complex. The motion was seconded by Atkinson. There was no discussion. The motion carried unanimously upon vote. HEAR THE. PUBLIC John Harper, 2266 Mission Way, Director of the Kalispell Parking Commission, gave the Council an update on the Parking Commission. He said two resolutions were passed at the last Commission meeting held July 29th. Harper said the Commission voted to eliminate one full-time Parking Attendant position and change eight parking spaces from the two-hour limit to a thirty -minute limit. He said other resolutions being considered include increasing the parking fines to twenty dollars; increasing the monthly permit parking fees; and installing parking meters throughout the Downtown Business District. Harper invited anyone interested to attend the next Parking Commission meeting set for August 12th at 7:15 a.m. in the conference room of City Hall. 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 is for $9,323.00 and federal regulations require the City to hold a public hearing on the grant application. Boharski opened the public hearing. I Q Lei OWN opponents None Boharski closed the public hearing. RESOLUTION 4417 - POLICE BLOCK GRANT Neier explained the grant would be used to fund overtime for officers engaged in bicycle patrol and juvenile substance abuse prevention. Larson moved Resolution 4417, a resolution approving an application for a Local Law Enforcement Block Grant to fund overtime for police working overtime related to juvenile substance abuse and bike patrols in the Business District and local parks. The motion was seconded by Atkinson. There was discussion. 1316 1316 Boharski asked Acting Police Chief Frank Garner if this is a "one- time" grant or if the money will be available each year. Garner answered the grant is awarded on a year-to-year basis depending on a City's Class I Crime Statistics. He said the Department is hopeful that larger grants will be available over the next few years if the program continues. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, RESOLUTION 4418 _ PRELIMINARY van Natta and PLAT Boharski voting in favor. APPROVAL. BUFFALO STAGE. Neier stated Buffalo Stage Professional Park is a professional office subdivision located near Edgerton School on Whitefish Stage. He said the City -County Planning Board has recommended preliminary approval of the subdivision with thirteen conditions. Neier said the Planning Board did eliminate one condition concerning landscaping along Bruyer Way (condition #11, FRDO Report No. KPP 95-1.) He added the Zoning Administrator is also recommending 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." Scarff moved Resolution 4418, a resolution approving the Preliminary Plat of the Buffalo Stage Professional Park, Flathead County, Montana. The motion was seconded by Haarr. There was discussion and Narda Wilson, FRDO, answered questions. Boharski questioned why, in condition #3, the Public Works Department is reviewing and approving the landscaping. Wilson answered the landscaping should not have been in the condition and should be eliminated. Boharski stated he also had questions concerning condition #6 which requires a "common sign." Wilson said there are problems with using a "common sign." She said four lots are being created with office duplex buildings and she has some concerns requiring common signage combining advertising for those individual lots. Narda feels that takes away from the rights the property owner has in connection with those lots, along with a possible conflict in the zoning regulations. She suggested the Council change the condition so that the signage complies with the zoning ordinance. Atkinson moved an amendment to the resolution by changing condition ##6 to read "any signage associated with the individual businesses within the subdivision must comply with the zoning ordinance." The motion was seconded by Larson. There was discussion. Van Natta commented he would like to leave reference to the common sign in condition #6 by stating "a common sign and/or any signage associated with the individual businesses, etc." Atkinson agreed to add that to his amendment. Larson agreed. Nystul stated he doesn't feel condition #6 is needed at all because the signs have to comply with the zoning ordinance regardless. The amendment carried upon vote with Haarr voting against. Atkinson commented he's a "professor of livable communities" and he feels this area is an excellent example of a "livable community" with a school, a church and now a professional center all within walking distance to residential areas. The main motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, van Natta and Boharski voting in favor. 1317 ORDINANCE 1289 - ORDINANCE 1166 AMENDMENT - 2ND READING Neier explainedi Lnat ordinance iiao provides Lnat Liie 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. It has been suggested that the City Manager should not be designated by ordinance as the City representative on these boards. Neier said Ordinance 1289 would require that any appointments to the boards be made by the Mayor, subject to approval by the Council. Nystul moved the second reading of Ordinance 1289, an ordinance amending Chapter 2, Administration, Kalispell Municipal Code by Amending Ordinance 1166, §§ 2-3, 2-8, 2-53 and 2-54; authorizing the City Attorney to recodify said sections in accordance with this ordinance and declaring an effective date. The motion was seconded by Scarff. There was discussion. Nystul said the original draft provided for a substitute to be appointed if a member can't attend a meeting, however Council voted to strike that provision from the ordinance. He said he understands the concerns voiced about appointing a substitute, but he feels he has come up with a solution. Nystul suggested that a future ordinance provide for a substitute being appointed by the board member, in other words, if the Manager cannot attend, he or she appoints a substitute with the same applying to the Mayor or Council member. Van Natta stated he has spoken against this ordinance several times and still feels it "weakens the City Manager form of government." Atkinson agreed, stating the ordinance is "another blatant approach to supplanting the will of our citizenry to have a City Manager form of government." Larson said he is also against the ordinance, stating he would feel better if the City Manager made the appointments instead of the Mayor. Haarr commented the ordinance is not an infringement upon the Manager form of government. He said it "eliminates another bureaucrat making decisions for the elected representatives on the Council." Boharski said he wants to clarify that the Mayor may not make any appointments to the boards without the consent of the Council. The motion carried upon roll call vote with Graves, Haarr, Nystul, Scarff and Boharski voting in favor, and Atkinson, Larson and Van Natta voting against. ORDINANCE 1290 - ZONE CHANGE - IVAN & MARIAN O'NEIL - 1ST READING Ivan and Marian O'Neil have applied for a zoning map amendment on three tracts of land located between 3rd and 5th Avenues East, generally east of the Outlaw Inn and north of western Building Center. The property is currently zoned Low Density Residential Apartment, RA-1. Neier explained the O'Neil's wish to re -zone the property to General Business, B-2, which would authorize a more intense use of the property for commercial purposes. He said the City -County Planning Board and Zoning Commission has recommended approval of the amendment after altering Finding of Fact #2, to reflect the marginal ability of the road system to handle additional traffic. Larson moved the first reading of Ordinance 1290, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance (Ordinance No.1175), by zoning property known as Assessor's Tracts 5-0, 5-2 and 5-18 located in Section 17, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana (previously zoned RA-1, Low Density Residential Apartment), to B-2, General 1318 Business, in accordance with the City -County Master Plan, and to provjLao m= dmta_ w1rim motion mom= ,aocoadod by somrPg_ There was discussion and Wilson answered questions. Wilson informed Council there are some groundwater problems in the area that the property owners are aware of and they will be working with the Public Works Department to resolve those problems. She said the future reconstruction of Highway 93 should enable the City to upgrade its storm drain system in that area and eventually allow for hook-up to the 18th Street storm drainage. Larson said he has had several residents speak to him about their concerns with the groundwater problems, and he can understand why they are apprehensive that additional development could worsen the situation. Wilson said there has always been groundwater problems in that area and hopefully those will be solved with the Highway 93 project. She said in the meantime, the developers will be required to provide an engineered drainage plan that must be approved by the Public Works Department. Nystul stated another issue centers around traffic and access in that area. He said there is a "hodgepodge of right of way problems" on 4tn Avenue East and he hopes the street will not be extended to access the development. Wilson said to extend 4tn Avenue East, the City would have to acquire private property and that would be unlikely. Ivan O'Neil told Council members there is no question that the groundwater creates problems, but he has spoken with the Engineers and there are ways to get around those problems until the drainage system is upgraded with the Highway 93 project. Van Natta commented the Highway project needs to be designed to include the drainage upgrades in this area and the City needs to be prepared to "kick in our cost" to take care of this problem. The motion carried upon roll call vote with Atkinson, Graves, Haarr, Larson, Nystul, Scarff, Ian Natta and Boharski voting in favor. CONDITIONAL USE PERMIT - WESTERN CATERING, INC., DBA MAGIC DIAMOND CASINO Neier outlined that Magic Diamond Casino, located at Cavanaughs, has requested a Conditional Use Permit to expand the operation by approximately one thousand square feet. He said the plans involve enlarging the casino area and include a small kitchen and restrooms. The City -County Planning Board and Zoning Commission has recommended approval of the application with three conditions. Scarff moved approval of the Conditional Use Permit for Magic Diamond Casino. The motion was seconded by Nystul. There was discussion and Wilson answered questions. Boharski asked how many machines will be in place when the expansion is complete. Wilson said there are currently twenty machines and that number will stay the same. The motion carried unanimously upon vote. CONDITIONAL USE PERMIT - MONTESSORI SCHOOL Neier explained that Montessori School has made an application for a Conditional Use Permit to expand the school by using two existing single family homes for class rooms. Neier said the expansion would allow an increase in enrollment of approximately twenty children. He said one concern expressed by members of the public and staff is that Montessori School has a limited number of parking spaces available for the existing campus, let alone for an__expansion. Neier said the Planning Board and Zoning Commission has included in 1319 1319 the CUP a condition that requires parking to be on site, for both patrons and school staff. He added to ensure adequate parking, he suggests the Council change the word "can" to "shall" in condition #4, which would then read, "An overall parking plan for the entire school campus 'shall' be considered in reviewing the required parking." Scarff moved approval of the Conditional Use Permit for Montessori School. The motion was seconded by Larson. There was no discussion and Wilson answered questions. Nystul said he drove around the neighborhood this weekend and it appears to him the existing roadways are inadequate to serve the traffic to and from the school. Wilson stated there are traffic problems, but she's not convinced it's related to the roadway. She said the school has an adequate amount of land to address any access or parking problems, it's just a matter of developing the area accordingly, and that's why she would like to see a site plan developed for the entire campus. Nystul asked if changing the wording "can" to "shall" in condition #4 would mean the parking requirements have to be met. Wilson answered it would. Nystul moved to amend the CUP to change the wording from "can be considered" to "shall be considered." The motion was seconded by Haarr. There was discussion. Montessori Board Member Charles Harball said a site plan is being developed, not only for the school's benefit, but for the benefit of the neighbors also. Scarff said one comment at the public hearing centered around the school blocking off the street every Wednesday to allow the children to ride their bicycles. Harball answered the school isn't actually blocking the street. He said staff puts cones up at the end of Parkhill Road for safety reasons, but if a neighbor needs to get through, the cones are moved. Boharski questioned the CUP, stating condition #4 requires one parking space per staff person plus one parking space for each ten children attending the school. He asked Wilson if parking requirements have already been established in condition #4, why is a parking plan needed as required in condition #1. Wilson stated condition #1 refers strictly to the parking involved with the expansion and condition #4 refers to the entire school campus. Boharski said he still feels condition #1 is unnecessary if parking requirements are already established in condition #4. Wilson commented the original parking, which was established with the school years ago, may not conform to the Zoning Ordinance today. She said because of that, the Planning Board wants to make sure the expansion complies with the present ordinance, which is the reason for the condition. Wilson said if there's a problem, the condition could be changed to state the parking for the entire school campus shall be required to comply with the current Kalispell Zoning Ordinance. Boharski stated that was one of his suggestions and wondered whether the condition included in the CUP now is more stringent than that required by the ordinance. Wilson answered the proposed condition is less stringent than the Kalispell Zoning Ordinance because instead of just looking at the 1320 1320 site as just a school, a mixed -use calculation was used because of the daycare. Haarr commented because of the infringement on a city street, and the traffic effects on the neighbors, he would like to see a site plan for the entire campus. The amendment carried upon vote with Boharski voting against. The main motion carried unanimously upon vote. AWARD HID - SAMARITAN HOUSE - PHASES III & IV Bids for the Samaritan House expansion, Phases III & IV were received on July 24, 1998. Two bids were received. Swank Construction bid $175,700.00 with a bid alternative of $5,200.00, and Treweek Construction bid $199,700.00 with an alternative bid of $4,500.00. Atkinson moved to award the bid for Phases III & IV of the Samaritan House expansion to Swank Enterprises for $175,700.00. The motion was seconded by Graves. There was discussion. Van Natta asked Susan Moyer, PECDD, why the bid alternatives were not included in her report. Moyer answered the bid alternatives were a deduction, and because the bid came in below the cost estimate, they have the money to fund the entire project. The motion carried unanimously upon vote. COMMUNITY DEVELOPMENT DIRECTOR JOB DESCRIPTION Neier told the Council he feels it is necessary to recruit a person for the position left vacant by Larry Gallagher. He said it is important to recruit an individual with skills in administration and contract negotiation, along with technical abilities. Neier stated he has deleted two items from the description: the overseeing of shoreline development permits and the enforcement of the Uniform Electrical Code. He said whenever changes are made to a position description, Council approval is needed. Atkinson moved approval of the job description of the Community. Development Director with the two deletions of shoreline development permits and Uniform Electrical Code. The motion was seconded by Graves. There was discussion. Nystul asked if specific tasks have been set for the position. Neier said in the past emphasis was placed on a "counselor of real estate" being the most desirable attribute, however, he feels administrative experience in contract negotiation -is just as important. Nystul said his concern is that the job description is a "laundry list of everything that everyone else in the City does not do," and he would like specific tasks outlined. Van Natta stated the City can "only stretch Glen so far." He said Neier is already doing two jobs and the Council should look at filling that position as soon as possible. Haarr commented there has been discussion about requiring City residency for department heads. Neier said there is an ordinance requiring City res_'dency for officers of the City and the last few positions filled -hate' followed that requirement. He said it wasn't placed in the j�bicaeacription, but that has been the recent position of the City and he sees no reason to change it, - _ 1321 1321 The motion carried unanimously upon vote. POLICE CHIEF JOB DESCRIPTION Neier said he is also asking the Council for approval of the job description for the Chief of Police. He said he altered the education and experience requirement to allow for an Associate Degree, rather than a Bachelor's Degree, and indicated consideration would be given for Police Officers Standards and Training Certificates obtained by individuals applying for the position. Neier stated if the Council approves the suggested description, staff will proceed to fill the position as soon as possible in accordance with City policy. Atkinson moved approval of the job description for Police Chief as presented. The motion was seconded by Graves. There was discussion. Haarr asked if residency will be required for this position also. Neier answered it would. Larson stated he feels as long as there are qualified people within the Department, he doesn't see the necessity of advertising over a "wide geographical area." The motion carried unanimously upon vote. COUNCIL COMMENTS/INFORMATION/QIIESTIONS Haarr commented that the editorial written by Dan Black in Sunday's Daily Inter Lake stating it was time to reassess our law enforcement needs was well put and he hopes more attention can be paid to that in the future. Larson stated he would like to see the Council move ahead as rapidly as possible to fill the position of the Community Development Director. Nystul informed everyone that tomorrow, August 4th, is the United States Coast Guard's 208th birthday. Boharski asked if the City is required to continue chlorination of the water to have the State lift the Boil Order issued in late June. Neier said the City is required to have some chlorination, even a small amount, to ensure the problem doesn't reoccur. Van Natta said he understood the City was going to establish permanent chlorination. Neier answered the City is using borrowed equipment right now and before the City could permanently chlorinate, some policy decisions would have to be made by the Council concerning capital expenditures. Boharski said he's not convinced that "one occurrence, at one specific site, in the history of the City of Kalispell requires continued chlorination." Scarff stated he understood the City must continue to chlorinate the water for an indefinite period of time to get that Boil Order lifted. Van Natta said the economic impact of the water contamination to the businesses in the City warrants the initial investment for chlorination. Larson commented the system, as he understands it, can be contaminated quite easily if you don't have chlorination. He said contamination can occur with a simple water hose into a wading pool syphoning contamination into the system. Larson stated anti -siphon devices prevent that in newer construction, but Kalispell has a lot of older homes that don't have that protection. 1322 1322 Boharski questioned Moyer about a letter received from the Montana Department of Commerce regarding the City's ability to comply with the conditions of the housing grants Kalispell has received. Moyer stated the Department was responding to what has been reported in the newspaper about the possibility of the Community Development Department being "disbanded." She said the Department wanted to point out that "you can't just stop the wheels that you have set in motion over the years." Moyer said if program income is not tracked and utilized correctly, the City will be held accountable and the Department can demand full repayment of the grants. Boharski, referring to the recent resignations in the PECDD, asked Moyer if she feels comfortable that they can continue to properly track the programs. Moyer answered they have been doing it and see no problem with continuing, however, she added she would be very uncomfortable if the City "tried to pass this responsibility off through a contract with an outside firm." Atkinson moved to adjourn. The motion was seconded by Graves. The motion carried unanimously upon vote. ADJOURN The meeting was adjourned at 9:10 p.m. Wml laharAi Wm. E. Boharski, Mayor ATTEST: eresa white Clerk of Council approved 08/17/98 1 1