* AgendaAGENDA
REGULAR CITY COUNCIL MEETING 7:00 P.M. MONDAY
COUNCIL CHAMBERS - CITY HALL April 19, 1999
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
l . Consent Agenda Approval
A. Council Minutes - Regular Meeting April 5, 1999
B. Approval of Claims per Payables Register $102,120.54
C. Authorizations to Bid
- 1 st Ave E & 3rd St E Traffic Signal
- Sewer Improvements in the Downtown Urban Renewal District
- Sidewalk Replacement Project in the Downtown Urban Renewal District
- 5th Ave WN Water Improvement Project
- 9th St Storm Drain Improvement Project
- Lift Station #4 Replacement - Liberty Street
- WWTP Emergency Power System Modifications
- Sidewalk & Curb Replacement for Year Ending June 30, 2000
D. Pledged Securities March 31, 1999
E. Proclamations - Workers Memorial Day (April 28, 1999)
Arbor Day (April 30, 1999)
2. Hear the Public (Please see back page for Manner of Addressing the Council)
3. PUBLIC HEARING
Waterford Planned Unit Development
4. PUBLIC HEARING
Budget Amendments
A. Universal Police Grant
B. West Side Urban Renewal Area
C. Highway Traffic Study
D. Big Sky Manor
E. SID Bonds (removed per Finance Director)
5. Resolutions - Budget Amendments
A. Resolution 4462 - Universal Police Grant
B. Resolution 4463 - West Side Urban Renewal Area
C. Resolution 4464 - Highway Traffic Study
D. Resolution 4465 - Big Sky Manor
6. Resolution 4466 - Establish Fees for Engineering Data Supplied to the Public
7. Resolution 4467 - Establish Terms for Airport Advisory Board Members
8. Resolution 4468 - Regarding Exempt Employees
9. Resolution 4469 - Change Order - Contract Supplement #6 - Meridian Road
10. Ordinance 1305 - Zoning Text Amendment - Michael Hanchett - 2nd Reading
11. Ordinance 1306 - Zoning Text Amendment - Deloris Partnership Group - 2nd Reading
12. Ordinance 1307 - Zoning Text Amendment - Lang Creek Brewery - 2nd Reading
13. Ordinance 1308 - Salary Schedule - 1 st Reading
14. Police Commission Appointment
15. Council Comments/Information/Questions (no action)
FOR YOUR INFORMATION
Preliminary Budget Work Session - April 26, 1999 at 7:00 p.m. - Council Chambers
Next Regular Council Meeting - May 3, 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 19,1999
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 April 5, 1999 are
included for your review and approval.
B) The Approval of Claims per Payables Register in the amount of $102,220.54 is
included for your review and approval.
C) Authorizations to Bid - Jim Hansz has included a memo in your packet
outlining eight requests for authorization to advertise for bid. To speed up the
process, Hansz is requesting the Council authorize the following items at this
meeting, even though some of the projects will not be bid until later this Spring:
1. 1 st Ave E & 3rd St E Traffic Signal
2. Sewer Improvements in the Downtown Urban Renewal District
3. Sidewalk Replacement Project in the Downtown Urban Renewal
District
4. 5th Ave WN Water Improvement Project
5. 9th St Storm Drain Improvement Project
6. Lift Station #4 Replacement - Liberty Street
7. WWTP Emergency Power System Modifications
8. Sidewalk Replacement for Year Ending June 30, 2000
A Motion to approve the Consent Agenda will authorize the Public Works
Department to move ahead with these projects.
D) An analysis of the status of pledged securities as of the close of business on
March 31, 1999 is included in your packet for your review and approval. A
Motion to approve the Consent Agenda will include acceptance of the pledged
securities.
E) Two Proclamations are included in your packet. Workers Memorial Day is
scheduled for April 28, 1999 with April 30, 1999 being set aside for Arbor Day.
Agenda Item No. 2. Hear the Public
Agenda Item No. 3. Public Hearing on the Waterford Planned Unit Development
On April 5th, the Council passed Resolution 4461, a resolution of intent and notice
of public hearing for the Waterford Planned Unit Development.
We have several issues relating to the proposed Waterford Project. The first one is
utility connection fees. The City staff recommends that each building built in the PUD
be assessed a water and a sewer tap fee based on the standard current tap fees in the
Cit's rate schedule. These fees should be paid as a condition of receiving a building
permit for each building which is the City's current practice. The City's last estimate
for these fees is $117,938 for water, and $273,662 for sewer. Waterford wants to be
charged for only one tap for water at a cost of $25,313 and one sewer tap at $54,736.
The difference between the City and Waterford is $311,551. The developer has to
build the water and sewer lines from the City's existing utilities and since he has
chosen to treat these lines as private lines, he wants to be treated differently. The
City's tap fees are established to provide funds to replace and operate the City's sewer
collection system, lift stations and Waste Water Treatment Plant and supports our
water supply and distribution system. The tap fee schedule was developed based on
a tap for each building and the Waterford proposal is contrary to the integrity of the
City's fee system.
All of the plans that City staff has seen fro the Waterford developer since January have
shown individual taps to each building. The staff has indicated that the City has never
allowed a developer to use the Waterford proposed schedule. The last PUD approved
by the City was for the hospital and they have paid an individual fee for each building
according to our schedule.
In 1987, someone had quoted a developer an incorrect tap fee for the Buffalo Hills
Terrace apartments and he based his bid on this fee and the City Council agreed to
accept the tap fee as quoted in error by the City employee.
The staff has discussed our expectation of a fee according to our fee schedule with the
Waterford representative since early March. The Public Works Director's
recommendation on this subject is included in your packets. If the City doesn't charge
the normal fees for these taps, we will be subsidizing this project.
Other: Included in the packet is a memo from Public Works Director Jim Hansz
including his comments on the April 14th draft submitted by the developer. He has
identified several items that should be conditions to the receipt of a building permit if
you are inclined to approve the PUD agreement.
1. The submittal of a complete drainage plan with easements to meet issues raised
in Hansz' memo of April 14. (Copy is included in your packet)
2. The water service plan has changed since the last submittal and this needs to be
reconciled so we know how many service lines are anticipated. Several other
water related issues are raised in the April 14th memo of Hansz and need to be
resolved to the satisfaction of the City.
3. Sewer pipe sizes need to be included on the PUD.
4. The utilities in the extension of Summit Ridge Drive need to be constructed to
the West boundary. -
As mentioned to several of you on the phone, I was not sure if you could act on this
project with conditions or if the hearing should be recessed. The City Attorney has
prepared the PUD Agreement based on the plan submitted to the planning staff. On
April 14th a new plan with a few significant changes including increased density from
294 to 308 units and adding another building in a location where a retention pond was
once going to be built. If the Council can provide some direction on the tap fees,
increased density and the new storm water plan, it would be appropriate to continue
the hearing until May 3rd and delay action on the PUD Agreement until that date.
Agenda Item No. 4. Public Hearing on Budget Amendments
At the Council meeting on April 5, 1999, the Council passed five resolutions setting
a public hearing for April 19, 1999 on amending the fiscal 1999 budget. They
addressed budget amendments for the Universal Police Grant, the West Side Urban
Renewal Area, a Highway Traffic Study, a loan for Big Sky Manor and early payoff of
SID Bonds. Since that meeting, Finance Director Amy Robertson has determined the
SID payoff is not necessary this fiscal year and therefore a public hearing and follow-
up resolution is not necessary. Notice of the proposals to amend the budget were
properly published as required by law and at this point in the meeting the public is
allowed to comment.
Agenda Item No.5. Budget Amendment Resolutions
A. I Resolution 4462 - Universal Police Grant
This resolution will permit the City to move this grant program in the amount of
$79,990 for two "COPS" officers to a special fund rather than the general fund.
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B. Resolution 4463 - West Side Urban Renewal Area
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 4464 - 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 4465 - Big Sky Manor
This resolution will provide budget authority to use UDAG funds for the loan to the
Big Sky Manor developer, Hampstead Partners.
An individual Motion for each resolution is appropriate.
Agenda Item No. 6. Resolution 4466 - Establish Fees for Engineering Data Supplied to
the Public
For several years, the Public Works Department has provided survey data to the public
free of charge. By law the Department is required to provide this information, however
a charge should be made to cover the costs. The City Surveyor is suggesting a fee of
$25.00 per section for topographic base mapping, or other related information, and
$150.00 for topographic base mapping covering the entire City. The Public Works
Department is asking the Council to authorize a fee schedule for distribution of survey
data developed by the Department. A memo from Public Works Director Jim Hansz
is included in your packet. A Motion to approve the fee schedule is appropriate.
Agenda Item No. 7. Resolution 4467 - Establish Terms for Airport Advisory Board
Members
The Airport Advisory Board was created through Resolution 4210 on June 5, 1995.
Since it's conception, Board members have been appointed by the Mayor with the
consent of the City Council and have only been replaced when a member resigns. To
bring the Airport Board in line with similar advisory groups, Resolution 4469
establishes terms of three years and places each current member in a one, two or three
year term effective April 1, 1999. A Motion to approve Resolution 4469 is
appropriate.
Agenda Item No.8. Resolution 4468 - Regarding Exempt Employees
This resolution will add positions (list of positions are included in your packet) to our
list of exemptions under the Fair Labor Standards Act. This came to my attention in
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reviewing the salary ordinance and preparing the budget. For a long time Kalispell
has considered only Department Heads and the Assistant Police and Fire Chiefs as
exempt. The City's Personnel Specialist has used the process established in the Fair
Labor Standards Act to screen these new exempt positions. This will place the City
in a similar position to other cities as it relates to exempt employees. These employees
will no longer be eligible for overtime or compensatory time off for working more than
the normal work week and these positions will be similar to Department Heads. This
change is long overdue for Kalispell. The effective date for the resolution is June 30,
1999. A Motion approving Resolution 4468 is appropriate.
Agenda Item No. 9. Resolution 4469 - Change Order - Contract Supplement #6 -
Meridian Road Project
Robert Peccia and Associates has submitted a request for a contract supplement
regarding Meridian Road. The supplement includes $41,347 for extra work and
$339,014.30 for the acquisition of right-of-way for all three phases of the project which
will now be combined into two phases. The Highway Department doesn't have the
staff available to perform this work. These funds will come from the project and will
increase the contract from $391,928 to $772,289.30. A Motion to approve Resolution
4469 including supplement #6 in the amount of $380,361.30 and to forward it to MDT
is appropriate.
Agenda Item No. 10. Ordinance 1305 - Zoning Text Amendment - Michael
Hanchett - 2nd Reading
On April 5th, the City Council passed first reading of Ordinance 1305, a zoning text
ordinance that will include single-family residences, duplexes and multi -family
residences as a permitted use in the B-4 Central Business district. This amendment to
the City Zoning Ordinance, requested by Michael Hanchett, will also allow the current
residents to rehabilitate or rebuild their homes. The Planning Staff and Planning Board
have recommended approval of this amendment. A Motion to approve the second
reading of Ordinance No. 1305 is appropriate.
Agenda Item No. 11. Ordinance 1306 - Zoning Text Amendment - Deloris
Partnership Group - 2nd Reading
The City Council passed first reading of this ordinance on April 5th. This zoning text
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,
in recommending approval, also recommended the addition of nine conditions already
in place in Flathead County's zoning regulations for mini -storage, recreational vehicle
storage. At Council's request, those conditions have been included in Ordinance 1306
for your review and approval. (See new memo prepared by the City's Zoning
Administrators in your packets) A Motion to approve second reading of Ordinance
1306 is in order.
Agenda Item No. 12. Ordinance 1307 - Zoning Text Amendment - Lang Creek
Brewery - 2nd Reading
At the April 5th meeting the Council also passed first reading or Ordinance 1307, a
zoning text amendment to allow "micro breweries/brew-pubs" in connection with a
restaurant or tavern as a permitted use in the B-3 Community Business District. The
request by Lang Creek Brewery has received approval from the Planning Staff and
Planning Commission. At Council's Request, the City Attorney's office has added a
definition for "micro -brewery, brew pub and mini -brewery" to the ordinance. A
Motion to approve second reading is in order.
Agenda Item No. 13. Ordinance 1308 - Salary Schedule -1st Reading
The City has not adopted a salary ordinance for 1999 salaries due to the negotiations
that have just recently been completed with the Police and Fire Associations. The
ordinance includes current salaries as well as those that will be effective on July 1,
1999 for the two public safety departments and the AFSCME rates that will be put in
place July 1, 1999. An ordinance adopted in September included the fiscal 1999 rates
for AFSCME. The salary ranges have been adjusted by 5% for the non -union
employees. (See memo from Interim City Manager and Finance Director in your
packets) A Motion approving Ordiance 1309 is appropriate. Since the contracts are
approved by the Council, I do not know why we do a separate salary ordinance except
that we have always adopted one. Most of the larger cities in Montana use their
contracts and budget and basis to receive authority from the legislative body to pay
salaries.
Agenda Item No. 14. Police Commission Appointment
Jim Vidal's term on the Police Commission expires in May, 1999. He has sent
a letter indicating a desire to serve another three-year term. A Motion to
confirm the Mayor's recommendation is appropriate.
Agenda Item No. 15 Council Comments/Information/Questions — (no action)
E.