* AgendaCITY OF KALISPELL
COUNCIL MEETING AGENDA
MAY 3, 1999 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL
ROLL CALL
PLEDGE OF ALLEGIANCE
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AGENDA APPROVAL
Consent Agenda Approval
A. Council Minutes - Regular Meeting April 19, 1999
B. Approval of Claims per Payables Register $358,531.57
C. Award Bid - Central School North Parking Lot Improvements
D. Award Bid - Base Radio Network Console Upgrade
E. Award Bid - 1999 Overlay & Chip Seal Projects
F. Proclamations - National Police Officers Memorial Day
- National Association of Letter Carriers' Day National Food Drive
- Day of Prayer
- National Historic Preservation Week
Hear the Public (Please see the back of Agenda for Manner of Addressing the Council)
Resolution 4470 - Amending Airport Fees
Resolution 4471 - Resolution of Intention to Amend Master Plan - DNRC State School
Section Property - Four Mile Drive and Highway 93
Resolution 4472 - Preliminary Plat - Westgate Subdivision
Ordinance 1308 - Salary Schedule - 2nd Reading
Ordinance 1309 - Waterford Planned Unit Development - lst Reading
Ordinance 1310 - Amending Administrative Code - 1 st Reading
Ordinance 1311 - Amending False Alarm Fees - 1 st Reading
Final Plat Approval - Willows Subdivision
Conditional Use Permit - Kalispell Senior Housing Association - Senior Apartment
Complex
ADMINISTRATIVE CODE
adopted July 1, 1991
a. Each person not a Council member shall address the
Council, at the time designated in the agenda or as
directed by the Council, by stepping to the podium or
microphone, giving that person's name and address in an
audible tone of voice for the record, and unless
further time is granted by the Council, shall limit the
address to the Council to three minutes.
b. All remarks shall be addressed to the Council as a body
and not to any member of the Council or Staff.
c. No person, other than the Council and the person having
the floor, shall be permitted to enter into any
discussion either directly or through a member of the
Council, without the permission of the Presiding
Officer.
d. No question shall be asked of individuals except
through the Presiding Officer.
Reasonable accommodations will be made to enable individuals with disabilities to attend this
meeting. Please notify Theresa White, Clerk of Council at 758-7756
12. Conditional Use Permit - MDOT - 100 foot tall communications tower
13. Chokecherry Ridge
A. Resolution 4473 - Annexation
B. Resolution 4474 - Preliminary Plat
C. Ordinance 1312 - Initial Zoning of City R-3 - 1 st Reading
D. Conditional Use Permit
14. Resolution 4475 - Resolution of Intention and Notice of Public Hearing for DOMESITE
Planned Unit Development
15. Anderson Boundary Line Adjustment
A. Boundary Line Adjustment
B. Woodland Park Drive
16. Request from 2 Rivers RV Resort for permission to hook to the Evergreen Sewer System
17. Authorization to Deed Storage Property to School District ` -� 5-11 7
18. Appointments to Committee - City Attorney's Annual Evaluation jiff
19. Council Comments/Information/Questions (no action)
FOR YOUR INFORMATION
Council Work Session - May 10, 1999 at 7:00 p.m. - Council Chambers
Next Council Meeting - May 17, 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 30, 1999
TO: Mayor and City Council
FROM: Al Thelen, Interim City Manager 6TP
Agenda Item 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 19, 1999 are
included for your review and approval.
B) The Approval of Claims per Payables Register in the amount of $ is included for your
review and approval.
C) Award Bid - Central School North Parking Lot Improvements
We received four bids on this project ranging from $58,157 to $39,179. Our
consultant, Sitescape Associates, has recommended that the award be made
to NUPAC for $39,179. Funds are available for this project in the Central
School portion of our Downtown Urban Renewal budget. A Motion to
approve the Consent Agenda will award the bid for the Central School
parking lot improvements to NUPAC.
D) Award Bid - Base Radio Network Console Upgrade
We received one bid for this project for $44,989 from Motorola, Inc. The
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funds for this equipment are available from our Downtown Urban Renewal budget.
The Chief of Police has recommended that the bid be awarded to Motorola, Inc. and
your approval of the Consent Agenda will award the bid to Motorola.
E) Award Bid - 1999 Overlay & Chip Seal Projects
We received two bids on each project. Overlay: A -I was for $95,025 and
NUPAC was for $100,050; Chip Seal: A -I was for $159,900 and NUPAC
was for $133,500. Funds are available in our Gas Tax, Downtown Urban
Renewal and Westside Urban Renewal to fund these contracts. A Motion to
approve the Consent Agenda will award these bids to the low bidder.
F) Proclamations - National Police Officers Memorial
- National Association of Letter Carriers' Day National Food Drive
- Day of Prayer
- National Historic Preservation Week
Agenda Item 2. Hear the Public
Agenda Item 3. Resolution 4470 - Amending Airport Fees
The Airport Advisory Board has reviewed the current airport fee and recommended
appropriate adjustments. The resolution, if approved, would be effective on July 1, 1999.
These fees have not been adjusted since 1987. A Motion to approve the resolution is in
order.
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Agenda Item 4. Resolution 4471- Resolution of Intention to Amend Master Plan - Dnrc State
School Section Property - Four Mile Drive and Highway 93
This resolution will establish a Public Hearing on June 7 to consider a Master Plan
amendment from Montana Department of Natural Resources for School Section 36. The
County Commissioners will also have to act on this request. This is a major change and I
note that the Planning Board used two meetings to handle this request. The state officials
indicate that they would be willing to enter an agreement to assure local governments that the
state would adhere to the local governments' planning and zoning regulation. To my
knowledge this is a first, as the Montana State Government has consistently refused to
recognize local governments' planning and zoning regulations. The City Attorney needs to
review this issue very carefully. A Motion approving Resolution 4471 is appropriate.
Agenda Item 5. Resolution 4472- Preliminary Plat - Westgate Subdivision
This minor subdivision is a four lot commercial subdivision located on the west side of
Corporate Way north of Highway 2 and is zoned B-2, General Business. The subdivision
contains about 2.4 acres and each lot will contain about '/2 acre. The Planning staff has
recommended approval and since it is a minor subdivision, the Planning Board does not make
a recommendation. A Motion to approve Resolution 4472 is in order.
Agenda Item 6. Ordinance 1308 - Salary Schedule - 2" d 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
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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.) 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 as the basis
to receive authority from the legislative body to pay salaries. A Motion approving the 2'
Reading of Ordinance 1308 is appropriate.
Agenda Item 7. Ordinance 1309 - Waterford Planned Unit Development - 1' Reading
This ordinance will adopt the agreement with Waterford regarding their Planned Unit
Development involving 294 units of retirement housing. The City Attorney has made the
changes that the Council directed at your last meeting. A copy of the updated agreement is
included with your packets with the changes highlighted. A Motion to approve the first
reading of Ordinance 1309 is appropriate.
Agenda Item 8. Ordinance 1310 - Amending Administrative Code - V Reading
This ordinance requires the City Manager to notify the Mayor and City Council of the
expiration of the terms of Citizen Boards and Commission Members 60 days prior to the
expiration date. A Motion to approve the first reading of Ordinance 1310 is appropriate.
Agenda Item 9. Ordinance 1311- Amending False Alarm Fees - 1' Reading
The Police Chief has reviewed our current charges for false police alarms, which is $25 after
the third alarm, and has recommended an escalating fee schedule pattern after one being used
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in Helena. The Chief feels that this new schedule will provide a further incentive to reduce
the number of false alarms. Our current fee has been the same for more than ten years. A
Motion to approve Ordinance 1311 on first reading, which will be effective July 1, 1999, is
in order.
Agenda Item 10. Final Plat Approval - Willows Subdivision
This final plat of Unit No. 1 of the Willows Subdivision includes 36 lots on the east side of
Wiyow Glen Drive. This is the first phase of the two phase 87 lot subdivision. This property
has been annexed to the City; the preliminary plat was approved in April of 1997 subject to
16 conditions and all of the conditions have been met. The FRDO staff has reviewed all 16
conditions and recommends approval. A Motion to approve the final plat of Willows Unit
No. 1 is appropriate.
Azenda Item 11. Kalispell Senior Housing Association - Senior Apartment Complex
This property is located on the west side of Corporate Way, north of Highway 2 and east of
the proposed Kalispell Bypass. Kalispell Senior Associates intends to construct a 24 unit
apartment complex on the site. The FRDO staff and the planning board recommended
approval of the conditional use subject to the eight conditions listed on Attachment A of the
April 13 report included in your agenda packet. A Motion to approve the Conditional Use
Permit for the Kalispell Senior Associates subject to the eight conditions listed on Attachment
A is appropriate.
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Agenda Item 12. Conditional Use Permit - MDOT - 100 Foot Tall Communications Tower
The Montana Department of Transportation has requested a Conditional Use Permit to
construct a 100 foot tall communications tower in conjunction with the maintenance facility
in Kalispell. The property is located on the southeast corner of Fifth Avenue E. N. and
Montana Avenue. The Planning Board recommended approval of the Conditional Use Permit
subject to the four amended conditions. A Motion approving the Conditional Use Permit
subject to the four amended conditions is in order.
Agenda Item 13. Chokecherry Ridge
A. Resolution 4473 - Annexation
B. Resolution 4474 - Preliminary Plat
C. Ordinance 1312-Initial Zoning - V heading
D. Conditional Use Permit
This item needs four separate actions. This description will cover all issues and the necessary
actions will be listed individually at the end of this note.
The request involves a ten unit residential cluster development on a 2.6 acre site located on
the north side of California Street between 5 b and 66' Avenue E. N. The application proposes
a building configuration of two five-plexes, a new paved private roadway, 24 feet wide with
curb and gutter, plantings and trees, and a two story building set back at least ten feet from
the top of the riverbank.
The Planning staff and the Planning Board recommended approval of the Conditional Use
Permit with 14 conditions and 13 conditions for the preliminary plat, which will require a
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redesign of the project. A Motion to approve Resolution 4473 annexing this 2.6 acre site to
the City is in order.
A Motion approving Resolution 4474 approving the Preliminary Plat subject to the 13
conditions included in the Planning staff and Planning Board recommendations is appropriate.
A Motion to approve Ordinance 1312 on First Reading zoning the park land as shown on the
Preliminary Plat as P-1 and the balance of the plat as R-3 is appropriate.
A Motion to approve the Conditional Use Permit for the Chokecherry Ridge Condos subject
to the 14 conditions identified in the staff and board report is in order.
Agenda Item 14. Resolution 4475 - Resolution of Intention and Notice of Public Hearing for
Domesite Planned Unit Development
For the past few weeks the City staff has been meeting with the owner and developer of the
so-called "Domesite" and the PUD is ready for a City Public Hearing. It is recommended that
the hearing be set for May 17, 1999. Resolution 4475 establishes this date for the hearing.
A Motion to approve Resolution 4475 establishing a hearing for the "Domesite" is in order.
Agenda Item 15. Anderson Boundary Line Adjustment
A. Boundary Line Adjustment
B. Woodland Park Drive
A. Boundary Line Adjustment - Several weeks ago you met with Don Anderson to discuss
a potential arrangement whereby the City would deed Mr. Anderson 1.087 acres of hillside
and unusable park land, and Mr. Anderson would make a number of improvements that will
clean up the liability issue with bank stabilization and safety. A letter from Don Anderson
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outlining what he will do is enclosed. The proposed boundary line adjustment is
recommended by the committee you set up to review this issue (Mike Baker, Tim Hansz, and
Don Anderson). A Motion to direct the City Attorney to prepare the necessary documents
for the boundary line adjustment and for the Mayor to execute these documents is in order.
B. Woodland Park Drive - The County, through Earl Bennett, requested that the City take
over the maintenance responsibilities for Woodland Drive from Conrad Drive to U.S.
Highway 2. We indicated that the City needed to review the proposal with Don Anderson
before we responded to the County. We do not need to control this street and, therefore, do
not want to maintain this portion of Woodland Drive. A Motion to inform the County that
we do not want to maintain Woodland Drive from Conrad Drive to U. S. Highway 2 is in
order.
Agenda Item 16. Request from 2 Rivers Rv Resort for Permission to Hook to the Evergreen
Sewer System
The City Council received a letter from Bill Lincoln (a copy is enclosed) for permission to
connect his proposed 2 River RV Resort to the Evergreen Sewer System and have the sewer
capacity used by his development charged to the City's sewer capacity. He indicated that the
use of the City's sewer system had been promised to him if he would dedicate the necessary
right-of-way for the Conrad connector. Since the City's current policy does not permit the
use of the City's sanitary sewer system without property first being annexed to the City, I
indicated to him I could not negotiate his proposed connection. Some members of the
Council felt that there was to be an exception to the policy. It will take some significant staff
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time to develop an agreement to effect this sewer connection and staff needs direction from
the Council if this is to be an exception to the current adopted policy. A Motion providing
direction to the staff is in order.
Agenda Item 17. Authorization to Deed Storage Property to School District with a Reverter
Clause
In approximately 1994 the City of Kalispell built a storage building for School District No.
5 on a lot owned by the City near our City Shop Complex. The City built the building when
we demolished an old storage building as part of the high school parking lot project. The
building cost approximately $200,000 and it is my estimate that the building and lot have a
value of from $225,000 to $250,000 today. The district has used the building since it was
built, and a draft lease was developed in 1994 to lease the property to the district for so long
as they would use it for School District 5 purposes. For reasons that I do not totally know,
the lease was never perfected. This was brought to my attention and I asked Susan Moyer
to contact Gary Rose of the School District's staff. We have concluded that if the City
Council would agree to deed the property to the district with a reverter clause if the school
district would discontinue use of the facility for school district purposes, it would revert to
the City, and we could accomplish the original purpose of the understanding. The district
currently uses the property, but the City owns the property. The school district is carrying
insurance on the building and contents, and since we own the building with no lease, it is
automatically covered under our insurance. A Motion authorizing the Mayor to sign a deed
with a reverter clause will allow the closing of this issue.
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Agenda Item 18. Appointments of Council Committee - City Attorney's Annual Evaluation
Agenda Item 19. Council Comments/Information/Questions — (no action)
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