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* 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. 3 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 .19 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.