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06/15/98 Gallagher/Resolution 441106/15/98 17:00 STATION interoff ice M E M O R A N D U M To: Glen Neier, Interim City Manager From: Lawrence Gallagher, PECDD Director (123)456-7890 P. 001 Subject: Resolution No. 4411 - Preliminary (Final) Flat Approval - Southfield Park (Haven Field), 6/15198 City Council Meeting - Agenda Item 9 Date: June 15, 1998 CC: Haven Field Offering/Redevelopment File This morning, Ross Plambeck went to City Hall and picked up the PECDD office copy of the AGENDA for the June 15, 1998, City Council Meeting. We were surprised to see Item 9 "Resolution 4411 - Preliminary (Final) Plat Approval - Southfield Park (Haven Field)" on the Agenda because it had not been back before the Site Development Review Committee since February 19, 1998, when Narda Wilson discussed a pre -application meeting with Mr. Dasen's representative. I have attached the Summary Minutes from that meeting. The Site Development Review Committee (SDRC) discussion is covered as Agenda Item 4. The June 9, 1998, SOUTHFIELD PARK SUBDIVISION ALATMEAD REGIONAL DEVELOPMENT OFFICE SUBDIVISION REPORT # KSR-98-2 MA Y 26, 1998, paragraph D, Nature of the Request, specifically references the DEVELOPMENT AGREEMENT, dated February 11, 1998, and the concerns expressed by the SDRC on February 19, 1998. If the land is subdivided and parcels sold individually to others over several months or even years, how is the City of Kalispell assured that the developer(s) will either construct $6,229,700 worth of improvements on the property by January 1, 1999, or that the provisions of Section 5.5. CI_TY'S Remedy for Failure to Construct of the Development Agreement (guarantee of $124,000 in ad valorem tax revenue or an in -lieu -of payment to the City) will survive and be legally binding on Richard A. Dasen? There is no mention of the in - lieu -cif taxes obligation in Resolution 4411 or in your advice to the City Council to adopt the resolution. As you are aware, the original Development Agreement prepared and delivered in May 1997, called for the construction to be completed by the end of 1997 or the tax in -lieu -of payment to commence January 1, 1998, not January 1, 1999. This 06/15/98 17:00 STATION Glen Neier, interim City Manager Page 2 June 1 S, 1998 (123)436-7890 P. 002 office was not aware of the change to 1999 from 1998 until the February 11, 1998 Agreement was executed. Because there have been public inquiries regarding this agreement, the change in the dates, and the in -lieu -of "Remedy," I ask that you let us know how to answer the questions. Should there be something in Resolution 4411 referencing the existing and, I assume, binding DEVELOPMENT AGREEMENT with Mr. Dasen? 06/15/98 17:01 STATION (123)456-7890 P. 003 SiTE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, February 19, 1998 10:00 a.m. - PECDD Conference Room ►A-04 iS7i►L4 Clarence Krepps, City Manager Ross Plambeck, Chairman Larry Gallagher, PECDD Director Ted Waggener, Fire Chief Jim Hansz, Public Works Director Narda Wilson, FRDO Diana Harrison, Zoning Administrator Debbie Woodham, PECDD Secretary Craig Kerzman, Building Official The committee reviewed, discussed, and recommended the following: 1. Proposed Barber Shop -1st Ave West between Wheaton's and the Hearing Aid Shop. A barber shop has been proposed for the 25' lot between Wheaton's and the Hearing Aid Shop on Vt Ave West. The property is in a B4 zone which has no setback requirements. It is located in the Downtown Parking District. Parking requirements are 1 space per 400 sq ft of gross floor area. The proposed building would be 1560 sq ft with an apartment above_ A total of 6 parking spaces would be required. The 25' lot proposed for the barber shop is not large enough to meet the parking requirements. The owners of Wheaton's and the Hearing Aid Shop are willing to grant a cross -easement agreement for parking on their property to the rear (west) of their businesses. Since Wheaton's and the Hearing Aid Shop were existing businesses when the Downtown Parking District was established, they are exempt from parking requirements. However, committee members are not sure whether businesses in the Downtown Parking District are permitted to give away or allow someone else to use the parking they do have when they themselves do not meet the parking requirements. Glen will be asked to give an opinion. Diana will let the proposed owner know that the committee is waiting for an opinion from Glen. She will also give him information regarding requesting a variance. 2. Site Review Procedures. A discussion was held regarding Clarence's Memo to the City Council regarding Site Review Procedures. All complete plans received by the City by 10:00 a.m. on Monday morning will be presented at the Site Review Meeting that week. There is also an option for developers to schedule a pre -development meeting or attend the Site Review Meeting when their project is discussed. Committee members .agreed that it would be helpful to have an informational letter prepared to send out and give to developers and contractors who are submitting plans for review. Diana will prepare a checklist for plans to be presented to the Site Review Committee. 3. Daley Field Utilities. As a follow up to the discussion at the last Site Review Meeting regarding the City installing the utilities on Daley Field, Committee members agreed it was important to have written confirmation of Rosauer's position on the utilities. Larry will speak with Jerry Hagood. Larry was reminded to tell Mr. Hagood that if Rosauer's decides to install the utilities, they must pay Davis Bacon wages. 06/15/98 17:01 STATION (123)456-7890 P. 004 Site Development Review Committee Summary Page Two February 19, 1998 4. Haven Field Subdivision. Narda has had a pre -application meeting with a representative for Mr. Dasen, the developer of Haven Field, regarding subdividing the Haven Field property. Issues to be addressed in the subdivision include water and sewer, storm drainage, approach permit from MDOT, cross easement agreements for access for Lot 2 which doesn't have direct access, parking, location of fire hydrants, sidewalks, traffic, etc. Payment -in -lieu of tax information must be included in deeds resulting from the subdivision_ A discussion was also held regarding the Development Agreement between the City and Mr. Dasen regarding subdividing and transfer of ownership. 5. Cardinal True Value W. Center Street. As a follow-up to the discussion held last week regarding Cardinal True Value, committee members felt it was important to let Mr. Hansen, the owner of Cardinal True Value, know that he has the option of an administrative appeal on the Building Department's interpretation of the Building Code. Craig will provide Clarence with a copy of the Board of Appeals procedure. Clarence will include this information in his response to Mr. Haarr's inquiry on behalf of Mr. Hansen.