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* 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 I:\wp\agendamemo 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 I:\wp\agendamemo 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 I:\wp\agendamemo 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. I:\wp\agendamemo 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 I:\wp\agendamemo 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. I:\wp\agendamemo 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. I:\wp\agendamemo