* Agenda & MemoAGENDA
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS -CITY HALL
KALISPELL, MONTAINA
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
1. Consent Agenda Approval
A. Council Minutes - Special Meeting May 26, 1998
Council Minutes - Regular Meeting June 1, 1998
Council Minutes - Special Meeting June 8, 1998
B. Approval of Claims per Payables Register $
7:00 P.M. MONDAY
DUNE 15, 1998
2. Hear the Public -(Please see the back of agenda for Manner of Addressing the Council)
3. Addressing the Council - Presentation of HUD Award - Samaritan House
- Developers & Owners - Gateway West Mall
4. PUBLIC HEARING
Budget Amendment - Severance Benefits
45- °' Resolution 4407 - Budget Amendment - Severance Benefits
6'""� Resolution 4408 - Closure of SID Funds
`7. Resolution 4409 - Transfer Funds from SID Revolving Fund to General Fund
Resolution 4410 - Resolution of Intent - ValleyDome Master Plan Amendment
15( Resolution 4411 - Preliminary Plat Approval - Southfield Park (Haven Field)
Ordinance 1288 - Buffalo Stage Zoning - 2nd Reading
11. Final Plat - Amended Plat of Lot 68 - Buffalo Stage Phase II
12. Approval of Write -Offs - Water, Sewer and Ambulance Bad Debts
13. Award Bid - Sidewalk & Curbing Construction for Year Ending June 30, 1999
14. Award Bid - Downtown Tax Increment Sidewalk Replacement Project, Phase II
15. Appointment - Board of Appeals
16 Approval - Preliminary Budget
17. Discussion - Interim City Manager
18. First Night Flathead
19. Council Comments/Information/Questions (no action)
AGENDA MEMORANDUM
JUNE 15, 1998
TO: Mayor and City Council
FROM: Glen Neier, City Attorney
Agenda Item No._1. Consent Agenda — Included in your packet is
the Consent Agenda, consisting of the
following:
A) The Council Minutes of the Special City Council
Meeting of May 26, 1998 are included for your
review and approval.
B) The Council Minutes of the Regular City Council
Meeting of June 1, 1998 are included for your
review and approval.
C) The Council Minutes of the Special City Council
Meeting of June 8, 1998 are included for your
review and approval.
D) The Approval of Claims per Payable Registered in
the Amount of $781,573.95 is included for your
review and approval.
Agenda Item No.____2. Hear the Public
Agenda _It.em_No._3. Addressing the Council
A) Presentation of HUD Award — Samaritan House
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B) Gateway west Shopping Center Redevelopment Plan
Developer/Owner Presentation
Word was received on June 9, 1998 that the Owner of
Gateway West Shopping Center desired to address the
City Council regarding their future plans for
Gateway West. It is Staffs' understanding that two
individuals representing Gateway West will be at
the June 15, 1998 meeting to apprize the Council of
their intentions.
Agenda Item No. 4. Public Hearing on Amending Budget for
Severance Benefits
At the Council Meeting on June 1, 1998 the Council passed
Resolution No. 4406 setting a public hearing for June 15, 1998
amending the fiscal 1998 budget by increasing appropriations
for the purpose of making severance benefits expenditures to
Clarence Krepps, Addison Clark and Don Hossack. Amy Robertson
and I have discussed both the budget amendment process and the
budget transfer method of dealing with the expenditures. I
believe that we agree that the most appropriate method of
dealing with our situation is through a budget amendment, as
proposed. Notice of the proposal to amend the budget was
properly published as required by law and at this point in the
meeting the public is allowed to comment on the amendment.
Agenda Item No. 5. Resolution No. 4407-- A Resolution Amending
the Annual Budget.
As discussed above, we are recommending that the Council amend
the fiscal 1998 budget increasing the appropriation from cash
reserves to allow for the expenditure of funds made necessary
by the termination of Clarence Krepps and the retirements of
Addison Clark and Don Hossack. The amendment would authorize
the removal of $60,000 from the City's cash reserves to fund
the expenditure. If the Council desires to approve the
amendment, a motion adopting Resolution No. 4407 would be in
order.
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Agenda Item No. 6. Resolution No. 4408 — Closure of Sidewalk and
Curb Funds to SID Revolving Fund.
Certain sidewalk and curb accounts of the City have expired as
a matter of law. One shows a negative balance, while the
other has a few dollars remaining in the account. In order to
close out the accounts and properly account for the funds it
is necessary to pass a resolution authorizing the transfer of
said funds to the SID Revolving Fund. Resolution No. 4408
will accomplish this task. A motion to approve Resolution No.
4408 should be passed by the Council.
Agenda Item No. 7. Resolution No. 4409 — Transfer Excess Funds
from the SID Revolving Fund to the General
Fund.
The City by law is required to have a SID Revolving Fund to
assure payment of bonds and warrants issued for SID's and
curbs and sidewalks. Law establishes the fund at 5%s of the
outstanding bonds and warrants. The fund currently has excess
funds in the amount of $17,148.00 which may be transferred to
the General Fund. Resolution No. 4409 will allow the transfer.
A motion to pass Resolution No. 4409 should be passed by the
Council.
Agenda__lt_em No.__8. Resolution No. 4410 — Master Plan Amendment.
The Kalispell City -County Planning Board on June 9, 1998
considered a request by Pack and Co./Valley Dome, L.L.C. to
amend the Kalispell City -County Master Plan by changing the
land use designation of approximately 60 acres of land at the
South East corner of the intersection of U.S. Highway #93 and
West Reserve Drive from industrial to commercial. The
materials involved in the application were supplied to the
Council during the week of June 1, 1998. The Planning Board
after a rather lengthy public hearing and discussion adopted
a resolution approving the Master Plan amendment. They also
adopted the FRDO Report # KMPA-98-1, less the summary and
recommendation, and Master Plan for the Valley Dome Complex
authored by Jackola Engineering as the findings of fact
supporting their decision. This office has prepared a
Resolution of Intent to adopt, revise or reject the Planning
Board recommendation as required by Montana law. We have
anticipated July 6, 1998 as the earliest date upon which the
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Council could consider a final resolution. A motion to adopt
Resolution No. 4410 is in order.
Agenda Item No. 9. Resolution No. 4411 — Preliminary Plat
Approval — Southfield Park (Haven Field).
Resolution No. 4411 concerns the application of Richard A.
Dasen to subdivide for development what has historically been
known in the City as Haven Field. This office has had an
opportunity to review the staff report, concerning the
restriction on alienation contained in the Development
Agreement, and other matters, and finds the report accurate.
Further, provisions within the Development Agreement on Haven
Field anticipated just this sort of transaction. Mr. Dasen
intents to subdivide the property into five (5) parcels, which
may be sold and developed by others not party to the
Agreement. As it stands the proposed subdivision is simply a
five (5) lot commercial subdivision, simply requiring City
approval. Resolution No. 4411 authorizes approval of the
subdivision subject to the conditions set forth therein, and
passage of Resolution No. 4411 is appropriate.
Agenda Item No._10. Ordinance No. 1288 — Buffalo Stage Zoning.
At the June 1, 1998 meeting of the City Council, we annexed
and had first reading of Ordinance No. 1288 zoning a parcel of
property generally North of Edgerton School and West of
Whitefish Stage. The property in question, pursuant to said
Ordinance will be zoned as RA-1, Residential Apartment and R-5
Residential/Professional Offices. Passage of Ordinance No.
1288 will complete the process and allow amendment of the
Kalispell Zoning map. (As an aside, we must advise future
developers to discontinue the word Buffalo as, at least in my
little mind, they are creating confusion).
Agenda Item No. 11. Final Plat of Lot 68, Buffalo Stage Phase II.
Final Plat on Lot 68, Buffalo Stage Phase II, has been
received. The Lot was previously granted preliminary plat
approval in the County and later annexed to the City. All
conditions of the preliminary plat have been met. A motion
approving the Final Plat is in order.
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Agenda Item No. 12. Approval of Water, Sewer and Ambulance Bad
Debts.
Your packets include a list of bad debt write-offs associated
with the water and sewer utility and the ambulance fund.
Water and sewer bad debts are generally occasioned as a result
of individuals declaring bankruptcy, renters obligating and
then skipping out, etc. Ambulance accounts may be
uncollectible for a variety of reasons including death,
medicare or medicaid payments, out of area, or just inability
to pay. The Ambulance Clerk and the City Attorney's office
cooperate in an attempt to collect the debt before it is
submitted to the Council for write-off. I would recommend
approval of the bad debt list.
Agenda Item No. 13. Sidewalk & Curb Construction Fiscal 1999.
Included within your packets are the results of the bids
received on the installation of sidewalk and curb pursuant to
an established City program. Pack & Co. was the low bidder
and a motion authorizing execution of a contract with said
firm is recommended.
Agenda Item _No. __14. Downtown Tax Increment Sidewalk Replacement
Project — Phase II
Bids were also received on specific sidewalk projects within
the urban renewal area. Said projects are listed under tab #
14. Pack & Co. again was the low bidder. The amount bid by
Pack & Co. was so low it will allow the Public Works
Department to schedule more projects and therefore they have
requested Pack & Co. be awarded the bid for a sum not to
exceed $28,436.00 based on unit quantities. A motion
authorizing the award should be made and passed.
Agenda Item No.__15. Board of Appeals — Building Code —
Appointments.
The City pursuant to the Uniform Building Code is required to
F
have a Board of Appeals to evaluate alternative means of
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construction proposed by builders. The Board is used quite
sparingly but when they are called upon to act it is generally
an important and technical question that must be answered.
William Heinecke, Scott Williams, Dewey Swank, Mike Holder,
and Thor Jackola have volunteered to serve on the Board.
Under § 2-3, Administration, Kalispell City Code, it is the
duty of the Mayor to nominate and with the consent of the
Council to appoint the Board of Appeals. The Mayor should
nominate the above named individuals and the Council should
consent to their appointment.
Agenda Item No. 16. Approval of Preliminary Budget.
At the June 8, 1998 Workshop the Council had its first
opportunity to review the fiscal 1999 preliminary budget. I
am sure there are many questions and concerns which will be
resolved throughout the next few weeks in arriving at a final
budget. However, in order to comply with the statutory
requirements, it is necessary at some point, prior to July 10
to adopt a preliminary budget. The Finance Director and
myself recommend adoption of the budget submitted on June 8 as
the preliminary budget. This will enable the Staff to
properly notice the process and will not hinder the Council's
ability to critique the budget document. A motion approving
the Preliminary Budget is in order.
Agenda Item No. 17. Interim Manager.
This office has supplied the Council with a short list of
possible candidates who might be interested in serving as the
Kalispell Interim Manager. I'm not suggesting that a decision
needs to be made on June 15, 1998, but perhaps a discussion
might take place, which could give some direction.
Agenda Item No._18. First Night Flathead.
A continuation of Jim Atkinson's discussion on First Night
Flathead and a resolution of the matter is probably in order.
Agenda Item No. 19. Council Information and Comments.
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