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* AgendaAGENDA REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval 2. 3. 4. 5. 6. 7 8. 7:00 P.M. MONDAY April 5, 1999 A. Council Minutes - Regular Meeting March 15, 1999 B. Approval of Claims per Payables Register $461,768.27 C. Authorize Advertisement for Bid - Central School North Parking Lot D. Authorize Advertisement for Bid - 1999 Chip Seal Projects & 1999 Overlay Projects E. Authorize Advertisement for Bid -Base Radio Network Console Upgrade for Police and Fire Departments Hear the Public (Please see the back of Agenda for Manner of Addressing the Council) Developers Agreement with City Service - Westbrook Square Request for Proposal - Lot 1 - Daley Field Low -Cost Evaluation of WWTP Capacity and Upgrade Feasibility Budget Amendments and Notices of Public Hearing A. Resolution 4456 - Universal Police Grant B. Resolution 4457 - West Side Urban Renewal Area C. Resolution 4458 - Highway Traffic Study D. Resolution 4459 - Big Sky Manor E. Resolution 4460 - SID Bonds `Resolution 4461 - Resolution of Intent and Notice of Public Hearing for Waterford PUD Ordinance 1305 - Zoning Text Amendment - Michael Hanchett - 1 st Reading 9. Ordinance 1306 - Zoning Text Amendment - Deloris Partnership Group - I st Reading AGENDA - PAGE 2 10. Ordinance 1307 - Zoning Text Amendment - Lang Creek Brewery - 1st Reading 11. Conditional Use Permit - DOS Apartments of Kalispell 12. Board of Adjustment Reappointment 13. Confirmation of Member at Large f6r City -County Planning Board 14. Authorization for Council Members to Attend the Local Government Officials Workshop in Billings 15. Council Comments/Information/Questions (no action) FOR YOUR INFORMATION Council Work Session - April 12, 1999 at 7:00 p.m. - Council Chambers Next Regular Council Meeting - April 19, 1999 at 7:00 p.m. - Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, Clerk of Council at 758-7756 AGENDA MEMORANDUM April 5, 1999 TO: Mayor and City Council FROM: Al Thelen, Interim City Manager 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 March 15, 1999 are included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $461,768.27 is included for your review and approval. C) Authorize Advertisement for Bid - Central School North Parking Lot Jim Hansz has worked with Bruce Lutz and a deduct alternate will be used for parking lot lighting and a separate landscape alternate (see Lutz's memo enclosed). The drainage issue and electrical conduit problems have been resolved to the satisfaction of the Public Works Director. Bids will be opened on April 21. A late letter from Rick Riley, Chairman, Building and Grounds Committee, Northwest Historical Society, was received on March 30, 1999 and is included in your packet. A Motion to approve the consent agenda will include the authority to receive bids on this project. 1 Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 D) Authorize Advertisement for Bid - 1999 Chip Seal Projects & 1999 Overlay Projects The Public Works Department has requested that bids be received by April 23 for the City's "1999 Overlay Project" and "1999 Chip Seal Project". The streets included in the invitation are those that you approved in the 1999 budget. A listing of the streets is included in your agenda packets. The approval of the consent agenda will include the authorization to advertise these projects. E) Authorize Advertisement for Bid - Base Radio Network Console Upgrade - Police Department This is a bid advertisement for a new Base Radio Network System for the Police and Fire Departments. It was originally submitted as a budget request for FY/2000. The equipment qualifies as a tax increment expenditure and since we have the available funds and budget authority, it is suggested that we do it this year. A Motion to approve the consent agenda will include the authority to request bids on the upgrade. Agenda Item No. 2. )gear the Public Agenda Item No. 3. Developers Agreement with City Service - Westbrook Square The City Staff has negotiated a Developers Agreement with City Service in accordance with Council direction provided on March 1, 1999. The company has provided a public easement so that the City can reimburse the company for all of the landscaping, beautification, sidewalk, and curb work on the right-of-way and in the public easement. The estimated cost of this work is $53,035. The improvements will be 2 located on the South boundary line of the property. These funds will be appropriated from the Westside Urban Renewal Project subject to the budget amendment, completion of the project and inspection by the City. City Service would complete their work on the Westbrook Square Project estimated to cost $904,302 by no later than July 31, 1999. They have eliminated all of the trees except the existing ones, all of the shrubs, and substantially cut back the total landscape area in their new landscape plan. The agreement requires City Service to be responsible for the maintenance of the landscaped area both in the right-of-way and within the new easement. A Motion to approve the agreement is appropriate. Aeenda Item No. 4. Request for Proposal - Lot 1 - Daley Field The City Attorney has prepared a solicitation of offer to purchase or lease a 2.98 acre parcel (121,808 square feet) referred to as Lot 1 of the Daley Field Subdivision. The offering document establishes a fair market value of $4.00 per square foot or approximately $519,000. The City will accept the proposal that best meets the goals and objectives of the "Kalispell City Airport/Athletic Complex Redevelopment Plan." In accordance with City Council direction, a ground lease option is included in the document. The City will require an annual lease payment to be approximately 10% of the value of the property. Proposals will be accepted until June 9, 1999. A Motion to approve the solicitation of offers would be appropriate. 3 Agenda Item No. 5. Low -Cost Evaluation of WWTP Capacity and Upgrade Feasibility Public Works Director Jim Hansz has received three requests from consultants to evaluate the capacity and upgrade potential of the Waste Water Treatment Plant. He has recommended that Santee Consultants who originally designed the plant be used to do this work. This item of work was not included in the current budget but funds are available in the budget to accomplish this task which is estimated to cost $10,000. It can be completed in approximately 60 days. The plant at peak season is operating at 58% of capacity. When it reaches 75% to 80% we will need to initiate a planning process to expand the capacity. While we have the funds to do this, it is my recommendation that it not be done until we reach a higher capacity of usage. While the consultants will do a majority of the work, it is another contract for Public Works to administer and their time can better be devoted to other functions. Agenda Item No. 6. Resolution 4456 - Public Hearing Notice for Budget Amendments There are five budget amendments that need to be noticed for a Public Hearing on April 19, and they will each require an individual resolution and Motion. A. Resolution 4456 - Universal Police Grant This resolution will permit the City to move this grant program for two "COPS" officers to a special fund rather than the general fund. 4 This resolution will allow the Council to spend $90,000 from the Westside Urban Renewal fund. We did not budget any expenditures from this fund for the current year. If the Developers Agreement is approved for Westbrook, this will allow the City to pay for the work this fiscal year. C. Resolution 4458 - Highway Traffic Study This resolution will allow the City to use the $10,500 grant for a traffic safety trailer for the Police Department. D. Resolution 4459 - Big Sky Manor This resolution will provide budget authority to use UDAG funds for the loan to the Big Sky Manor developer. E. Resolution 4460 - SID Bonds This resolution will allow us to call an S.I.D. bond because we received an early payoff. An individual Motion to approve each resolution is appropriate. Agenda Item No. 7. Resolution 4461 - Resolution of Intent and Notice of Public Hearing for PUD - Waterford On Monday we received a second preliminary draft of a PUD Agreement regarding the Waterford Development. This resolution will establish a public hearing date of April 19' for the consideration of the Zoning and PUD Agreement for the project. E Agenda Item No. 8. Ordinance 1305 - Zoning Text Amendment - Michael Hanchett - 1' Reading This amendment to the City Zoning Ordinance, requested by Michael Hanchett, will include single-family residences, duplexes and multi -family residences as a permitted use in the B4 Central Business district. This change will allow the current residents to rehabilitate or rebuild their homes. The Planning Staff and Planning Board recommended approval of this amendment. A Motion to approve the first reading of Ordinance No. 1305 is appropriate. Agenda Item No. 9. Ordinance 1306 - Zoning Text Amendment - Deloris Partnership Group - V Reading This amendment, requested by the Deloris Partnership Group, to the Zoning Ordinance will allow mini-storage/recreational vehicle storage as a conditionally permitted use in the B-2 Central Business District. This change will require each request to be considered on an individual basis according to its merits. The Planning Staff and Planning Board recommended approval of the request. A Motion to approve Ordinance No. 1306 is in order. Agenda Item No. 10. Ordinance 1307 - Zoning Text Amendment - Lang Creek Brewery - 1' Reading Lang Creek Brewery has requested a Zoning Text Amendment to allow "micro breweries/or brew -pubs" in connection with a restaurant or tavern as a permitted use in the B-3 Community Business District. 11 The Planning Staff and Planning Commission recommended approval of the request. A Motion to approve Ordinance 1307 is in order. Agenda Item No. 11. Conditional Use Permit -DOS Apartments of Kalispell This request by Bill Schottelkorb, Ivan O'Neil and Craig Denman of DOS Apartments of Kalispell is for a Conditional Use Permit to permit the construction of a ten unit attached garage structure. The garage will be used by the residents of the Birchwood Apartment Complex. Since the apartment complex was approved by a Conditional Use Permit, a request to expand the operation must be reviewed through the Conditional Use process. The property is located on the northwest corner of the intersection of 18' Street East and 5' Avenue East. The Planning Staff and Planning Commission recommended approval of the Conditional Use Permit subject to the six conditions identified on Attachment A Report with No. 5 being deleted. A Motion to approve the Conditional Use Permit with the conditions identified in Attachment A is appropriate. Agenda Item No. 12. Board of Adjustment Reappointment Jerry Lyford's term on the Board of Adjustments expired in March, 1999. He has sent a letter (included in your agenda packet) indicating a desire to serve another three year term. A Motion to confirm the Mayor's recommendation is appropriate. Agenda Item No. 13. Confirmation of Bill Rice - Member at Large City -County Planning Board The Planning Commission has sent a letter requesting that Bill Rice be appointed to 7 the Planning Commission as the joint appointment of the City of Kalispell and Flathead County. It is for a two year term. The appointment will not be effective until both the City and County have acted positively on the appointment. A Motion to approve the appointment is appropriate. Agenda Item No. 14. Authorization for Council Members to Attend the Local Government Officials Workshop in Billings The Local Government Center, through the Montana State University in Bozeman, is holding its annual Workshop for Elected Municipal Officials April 21 through April 23 in Billings. A memo further explaining the workshop is enclosed in your packets. A Motion authorizing interested Council members to attend is appropriate. Agenda Item No. 15. Council Comments/Information/Questions — (no action). P.