* Agenda & MemoREGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY )HALL
KALISPELL, MONTANA
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
7:00 P.M. MONDAY
June 1, 1998
1. Consent Agenda Approval
A. Council Minutes - Regular Meeting May 18, 1998
B. Approval of Claims per Payables Register S481,846.48
C. Proclamations - National Flag Day
- Kalispell Aviation Week
2. Hear the Public (Please see the back of agenda for Manner of Addressing the Council)
3. Update on Central School - James R. McDonald, Architect
4. Award Bid - National Flood Service
S. Award Bid - Kalispell Downtown Center
6. Resolution 4403 - Buffalo Stage Phase III Annexation
7. Ordinance 1288 - Buffalo Stage Initial Zoning - 1 st Reading
8. Signal Upgrade Project Agreements
Resolution 4404 - City Maintained Routes
Resolution 4405 - State Maintained Routes
9. Approval - FRDO Annual Work Program
10. Funding Request from City -County Planning Board to Update Master Plan
11. Resolution 4406 - Public Hearing Notice - Budget Amendment
12, Interlocal Agreement - City -County Health Department
13. Discussion - Downtown Planning Workshop
14. Award Bid - Digester and Fermenter Rehabilitation Project
I5. Council Comments./Information/Questions (no action)
FOR YOUR INFORMATION
Next Regular Council Meeting - June 15, 1998 at 7:00 p.m.
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.
AGENDA MEMORANDUM
JUKE 1, 1998
TO: Mayor and City Council
FROM: Glen Neier, City Attorney
Please note that the format to the Agenda Memorandum has been
changed to reflect, I suppose, my personal preference in
communicating. The Memorandum discusses all elements included in
the Council Agenda as of the date it is written and will be placed
in the packet directly behind the Agenda. Specific matters,
information, reports, Resolutions, and Ordinances listed may be
located under the tab numbers corresponding to the Agenda Item
number.
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 May 18, 1998 are included for your
review and approval.
B) The Approval of Claims per Payable Registered in
the Amount of $481,846.48 is included for your
review and approval.
C) Proclamation --Kalispell Aviation Week
Proclamation --National Flag Day
Agenda Item No. 2. Hear the Public
Agenda Item No. -I. Addressing the Council — Update on Central
School, James R. McDonald, Architect. James
R. McDonald has made himself available for the
June 1, 1998 meeting to discuss the Central
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School Renovation Project. Mr. McDonald will
discuss the progress made so far on the
Central School and answer any questions you
may have concerning the project.
Agenda Item No. 4. Award Bids for NFS Property — Included in your
packet is a report and Staff recommendation on
the National Flood Service building (Lot 24,
Block 36) and Lots 1, 2, and the North 14'
Feet of Lot 3, Block 36, Kalispell Original.
Douglas and Debbie Denmark submitted a offer
to purchase said property for $275,000.00 with
$25,000.00 of said amount being credit to the
Purchasers for development of a parking lot on
the vacant portion. According to the offer to
purchase, the Denmarks intend on utilizing the
property as a RE/MAX Glacier Country, Inc.
office building. The offer is straightforward
and except for making some mechanical
arrangements for escrowing the $25,000.00
credit, we believe we can close on the
property in a relatively short period of time.
The Council should adopt a Motion authorizing
the Manager to execute the Purchase and Sale
Agreement submitted by the Denmarks and
complete the sale of the property. Other
offers to purchase the property by Gilliland
Enterprises and Meridian Industrial Partners
were for lesser amount and therefore cannot be
recommended by the Staff.
Agenda Item No.—S. Award Bids for KDC Site — Meridian Industrial
Partners submitted a proposal to purchase Lots
4 thru 16 and the South 9' Lot 3, Block 36,
and Lots 1 thru 4 and the North 71, Block 45
for the sum of $406,450.00. This office is
currently drafting a Purchase/Development
Agreement for consideration by Meridian
Partners. There are a couple of concerns,
primarily dealing with alienation of the
property and the City's right to repurchase,
we would like to propose. If we can reach
agreement with Meridian Partners prior to
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Monday night, we will have the Agreement ready
for Council approval. As it stands now, we
will in all likelihood be recommending the
Meridian Partners proposal. The Council
should anticipate adopting a Motion
authorizing the execution of a
Purchase/Development Agreement with Meridian
Partners and completion of the sale of the
property. Another proposal by Ron Trippet to
trade certain property at the Kalispell City
Airport was deemed to be unresponsive,
primarily because of the effect it would have
had on the Meridian Partners proposal.
Agenda Item No. 6. Resolution No. 4403, Buffalo Stage Annexation —
Item No. 5 concerns a request by Buffalo Chip
Partners to annex to the City and apply
Kalispell zoning regulations to certain real
property located generally North and East of
the Edgerton School Property and West of
Whitefish Stage, known as Buffalo Stage III.
According to the FRDO Staff Report KA-98-3,
the property is currently zoned Residential
Apartment, RA-1 under the Flathead County
Zoning Ordinance. Buffalo Chip in order to
receive City services has agreed to annex to
the City. Buffalo Chip has requested that the
property, if it is annexed to the City, be
assigned two zoning classifications. Low
Density Residential Apartment, RA-1, on 13
lots, under the City of Kalispell Zoning
Ordinance will allow basically duplexes and
single family dwellings, as well as a variety
of conditional uses. Residential/Professional
Offices, R-5 (a single lot of 3 acres in size)
will allow for a more intense permitted use
within the area so designated, as well as a
short list of conditional uses consistent with
the overall classification. It is my
understanding that the R-5 designation will
only apply to property already designated
under a Flathead County CUP for medical
duplexes or office buildings. The FRDO Report
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was generally supportive of the annexation and
initial zoning and the Kalispell City -County
Planning Board and Zoning Commission passed
the request unanimously. You will find in your
packet under tab # 5: a Resolution No. 4403
annexing the property to the City
Agenda Item No. 7. Ordinance No. 1288, Buffalo Stage III Zoning --
First Reading. Ordinance No. 1288, establishes
zoning for the area to be annexed. If the
Council adopts a Motion enacting Resolution
No. 4403 annexing the property, the Council
should by separate Motion adopt Ordinance No.
1288, first reading, establishing zoning in
accordance with the Zoning Commission
recommendation.
Agenda Item No — a. Signal Upgrade Project Agreements and
Resolutions. Resolution No. 4404 and
Resolution No. 4405. Included in your packet
are two agreements with the Montana Department
of Transportation concerning the up -dating of
traffic signals at several locations within
the City of Kalispell, ie . 1st Ave. E . & 2nd
Street E . , 1st Ave. E . & 4th Street E . , 18t Ave.
W. & Center St., 1st Ave. W. & 2nd Street W, 18t
Ave. W. & 4th Street W., and Main Street at
Center, 1st, 2nd, 3rd, 4th, and 6th Streets,
respectively. The improvements anticipated
will allow the City and the MDOT to more
appropriately handle traffic volume and move
traffic more efficiently. There are certain
conditions attached to the Agreements, which
are conditions normally and customarily
attached to Federal and State Agreements, none
of which will adversely affect the City's
operation. MDOT has prepared template
Resolution No's. 4404 and 4405 for your
passage. I would recommend that the City
Council authorize the execution of both
Agreements by the Mayor, and sign the
respective Resolutions at the June 1, 1998
Meeting.
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Agenda Item No. 9. Flathead Regional Development Office Work
Program. Item No. 9 concerns City Council
Approval of the FRDO work plan for 1998. FRDO
has been working on an update of the Kalispell
City -County Master Plan. Additionally FRDO
has been providing assistance to the City
Zoning Administrator in an overhaul of the
Kalispell Zoning Ordinance.
Agenda Item No 10. Planning Request for Funding on City -County
Master Plan. The Kalispell City -County
Planning Board has signed a petition to the
City Council and the Board of County
Commissioners requesting funding for a
facilitator to assist in development of a
consensus document on the Kalispell City -
County Master Plan update. The cost of
$1000.00 would be split between the City and
the County. I anticipate the $500.00 City
contribution will be part of the fiscal 1999
budget. A motion approving the City's
contribution would be in order if the Council
desires to participate. Additionally, Steve
Koutz, FRDO Senior Planner, has requested that
a City Council member become a member of the
consensus committee. If anyone would like to
volunteer or "be volunteered", I'm sure it
would be appreciated.
Agenda Item No. 11. Resolution No. 4406, Public Hearing Notice on
Amending the Police Department Budget. The
retirement of Addison Clark and Don Hossack
has resulted in $42,772.20 of severance
benefits which could not be anticipated in the
Police Department budget for fiscal 1998.
Under tab # 11 you will find the respective
letters of resignation as well a document
showing the severance benefits due to Ad and
Don. Further, the City financed the departure
of Clarence Krepps through a Resolution
authorizing a transfer of funds. The only pot
of funds readily available for the purpose is
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contained the Fire Truck reserve. I am
suggesting that the Council consider
increasing the appropriations by amending the
1998 budget to include the severance benefits
due to the individuals. I have prepared
Resolution No. 4406 calling for a public
hearing on amending the budget to reflect my
proposal. I would suggest the maximum
amendment be noticed and if the Council
desires to account for expenditures through a
year end budget transfer for part of the
expense, we will accommodate that decision.
Resolution No. 4406 will provide for notice of
a public hearing on amending the budget and
authorizing the expenditure. A motion to
adopt Resolution No. 4406 is in order. The
Public Hearing will be scheduled for June 15,
1998.
Agenda Item No. 12. In the recent past the Council considered a
draft of a new interlocal agreement with the
Flathead County on the City -County Board of
Health. We cleaned up the draf t and it is
ready for your approval. A motion approving
the Agreement and authorizing the Mayor to
sign said Agreement would be appropriate.
Agenda Item No. 13. Ross Plambeck at Community Development
informed me on Friday of an upcoming
conference in Butte concerning a downtown
revitalization program by National Trust for
the Preservation (Kennedy Smith). The
conference is set for June 11, 1998. I know
the Council has considered retaining Dan
Burden as a consultant on downtown
revitalization, as well. We were unable to
ascertain, at least by Friday, the identity of
the group assisting Couer d'Alene. The
Council may wish to briefly discuss attending
the conference in Butte prior to making a
decision on a consultant. Ross's memo and
attachments can be found under tab # 13.
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Agenda Item No. 14. Digester Award. On Friday, May 29, 1998 at
2:30 p.m. the City received bids on corrective
measures needed at the Waste Water Treatment
Plant Digesters. We hope to have
recommendation on an award for the June 1,
1998 meeting.
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