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Agenda MemoTelephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Zip 59903-1997 TO: FROM: RE: (11 0 O u l� Incorporated 1892 - AGENDA MEMO - Mayor and Members of Council Bruce Williams, City Manager Council Agenda for April 17, 1995 AGENDA APPROVAL Agenda Item 2-Council Minutes Included in your packet are the minutes from your regularly scheduled Council meeting of April 3, 1995. Agenda Item 3-Approval of Claims The schedule of claims to be paid on Tuesday, April 18, 1995, have been prepared and available for Council to review. I have reviewed the claims presented amounting to $132,621.83 and recommend their payment. Agenda Item 4-Pledged Securities Your packet contains an analysis of Pledged Securities as of March 31, 1995 for the deposits of the City of Kalispell. Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Barbara Moses Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV None scheduled. ADDRESSING THE COUNCIL PUBLIC HEARINGS Agenda Item 5-Belmar-Preliminary Plat The purpose of this hearing is to receive public comment concerning a request by Dennis Carver for Preliminary Plat approval to subdivide 7 acres of proposed R-4 zoned land into 27 Single Family/Duplex lots. The subdivision will be known as Belmar Addition. The property is located north of the South Meadows subdivision. ORDINANCES & RESOLUTIONS Agenda Item 6-Ordinance 1221-Amend Building Codes and Add Electrical Code-2nd Reading This ordinance updates by reference the Building, Mechanical, Plumbing, Fire, CABO One and Two Family Dwelling, Abatement of Dangerous Building, Housing and Energy Codes. We also have added by reference the National Electrical Code which we soon will be enforcing on behalf of the State of Montana. Staff recommends that Council adopt the ordinance as submitted. 3 Agenda Item 7-Ordinance 1222-Amend Zoning Text-RA-2-1st Reading This ordinance would change the intent section of the RA-2 zone by deleting the language "this district is intended for central and inner-city use and not for suburban use", and to add the language "to serve as a buffer between commercial and suburban residential zones." The Planning Board considered the requested amendment and voted to recommend denial to the City Council. This subject received considerable debate at your work session including concerns about the density allowed within the zone, its application in a suburban setting and discussion concerning the definition of central and inner city as used in the intent section of the RA-2 zone ordinance. I did take a few minutes to listen to the audio tape of our Zoning Code review of 1991 and found that you spent all of about 2 minutes discussing the RA-2 zone and most of the discussion was from David Greer indicating that the RA-2 zone in the new ordinance was basically the same as its predecessor. Additionally my concerns regarding density and/or zoning code are no longer necessarily valid. As you recall my primary concern related to the legislature's desire to restrict our ability to grow through annexations and with only one annexation bill passing the legislature my concern has diminished considerably. I would suggest therefore that Council leave the ordinance concerning the RA-2 zone as is and either table or defeat the ordinance. 4 Agenda Item 8-Ordinance 1223-Prohibit Jake Brakes -1st Reading Occasionally over the last few years residents of north Kalispell particularly those living in Buffalo Hill Terrace and along North Meridian have complained about the noise made by semi -truck jake brakes as they descend the hill into town. This ordinance would prohibit the use of air compression (fake) brakes inside the city limits except for emergency purposes. Staff recommends that Council adopt the ordinance as submitted. Agenda Item 9-Ordinance 1224-Farmers' Market Amendment -1st Reading Ordinance 1224 amends our Farmers' Market policy by deleting in Section 2, the language "made and/or grown within Northwest Montana counties may be sold or bartered in such a market; barter or sale therein of meat, milk and/or milk products, canned or processed foods is prohibited." And replacing it with "other items approved for sale by the City -County Health Department, made or grown in Flathead and/or Lake County, may be sold in said Farmers' Market". The ordinance is further amended by striking the term Flathead County Health Department and replacing it with City -County Health Department. The change with this ordinance will now allow vendors of the Farmers' Market to sell certain meat products if authorized by the Health Department. Staff is recommending the amendment to Council. 5 Agenda Item 10-Resolution 4202-Belmar-Annexation The purpose of this resolution is to allow for the annexation of a 7 acre tract of land located north of South Meadows subdivision. This resolution also assigns an initial zoning classification of R-4 Two Family Residential. The Planning Board held a public hearing on the matter and is recommending that the property be zoned R-4 upon annexation. Staff agrees with the Planning Board recommendations and recommends favorable consideration of Resolution 4202. Agenda Item 11-Resolution 4203-Belmar-Preliminary Plat This is a request from Dennis Carver for Preliminary Plat approval to subdivide 7 acres of R-4 zoned land into 27 single family/duplex lots. The subdivision will be known as the Belmar Addition. The property is located north of the South Meadows subdivision. The Planning Board held a public hearing regarding the request with no one speaking in opposition to the proposal. However, two written protests were received and are included in your packet. The Planning Board recommends the approval of the Belmar Preliminary Plat with 14 conditions. During our work session there was Council discussion concerning the construction standards for public improvements to be met by the developer. Some believed that the subdivision should be built to a more rural standard while other Council members believe that regular City standards should be required. C7 Staff's opinion is that the subdivision should be built to City standards and the same is true with the Planning Board's recommendation. It is therefore Staff's recommendation that Council accept the Planning Board's recommendation and approve the Preliminary Plat with the 14 conditions. Agenda Item 12-Resolution 4204-Intent to Create SID The purpose of this resolution is to express the City's intent to create a Special Improvement District for the purpose of extending a sanitary sewer main with services to the property located on 5th Avenue East beginning at 14th Street East and continuing south to the city limits. This resolution also schedules a public protest hearing for the evening of May 15th. At your work session of last week we discussed the status of those property owners surrounding the SID but who are outside the city limits and it was determined that none of the 14 property owners at this time appear to be interested in participating in the district. This situation promoted the discussion about the possibility of imposing penalties on any late comers who desire hooking into the system at a future date. One of the options we spoke to you about in regard to this situation was the possibility of the City paying a share of the cost of the project proportionate to what it would have cost the outside city property owner to join the SID today. 7 This option would reduce the individual cost to each SID participant by shifting a portion of the total project cost to the late comers through the City and its resources. The City would then recover its investment over time as each late comer requests sewer service. This option appears to be the only method by which the participants of the SID can benefit from late comer penalties. I have included in your packet a financial analysis of this option for your consideration. BUSINESS FROM MAYOR & COUNCIL Agenda Item 13-Proclamations The Mayor will be presenting proclamations concerning Arbor Day and Prayer Day. BUSINESS FROM MANAGER Agenda Item 14-Birk/Greenhaven Annexation -Schedule Public Hearing We need Council's authority to schedule and publish notice of a public hearing June 5th for Greenhaven Subdivision annexation and zoning. Agenda Item 15-Northwest Health Care/Buffalo Commons -Schedule Public Hearing We need Council's authority to schedule and publish notice of a public hearing for Northwest Health Care PUD for May 1st. E:' Agenda Item 16-Gateway Orchard Villas -Schedule Public Hearing We need Council's authority to schedule and publish notice of a public hearing for the resubdivision of Gateway Orchard Villas for May 1st. Agenda Item 17-High School Parking Lot Phase II -Sidewalks Included in your packet is a revised map of the neighborhood surrounding the High School parking lot Phase II which identifies the sidewalk voids of the area. You also have a revised summary of the cost associated with the sidewalk replacement including the cost of sidewalks to be paid for as part of the project and costs associated with sidewalks that would be ordered in. If Council wants to proceed with ordering in the walks, this must be done by motion indicating which sections of the work you want completed. Ross and John Wilson will be available Monday evening to answer questions you will have concerning the subject. Agenda Item 18-Bid Recommendations Peterson School Alley Surplus Property Sale We received one bid for the purchase of the small parcel of City owned property located at the entrance to the Peterson School alley off of Meridian Road. The bid received from the Schreiners is in the amount of $1.80 per square foot for 1,263.24 square feet of property. 9 As you will note by the survey -map the Schreiners did not bid on the entire parcel. If you accept their bid a very small unusable track of land remains in City ownership. It only makes good sense that if we sell the property we should sell the entire parcel. I believe that this was the Council intent at the time you agreed to sell it. The remaining parcel appears to contain approximately an additional 400 square feet which at the bid price of $1.80 would cost the Schreiners an additional $720.00. I would recommend that the Schreiner offer of $1.80 per square feet be accepted, however, requiring the Schreiners to purchase the entire parcel. The actual size of the parcel is to be determined by survey. Further, the Schreiners must agree to sign an agreement to pave the full width of the alley (113.26, X 201) when the other property owners abutting the alley agree to do so. City Attorney Neier will prepare this document. Tennis Courts Included in your packet is a memo from Bruce Lutz summarizing the bid results for the 8 court tennis complex. Two bids were received: Base Add Alt. 1 Add Alt. 2 Add Alt. 3 Add Alt 4 NuPac $166,500 * 4,000 * 7,000 * 9,000 * 462 A-1 Paving $241,000 5,000 8,000 12,000 500 10 The Lutz memo includes a description of the items of work included in each of the four Add Alternates. The memo also includes a site layout plan for the 8 court complex. Our budget for the project includes $120,000 in TIF, $24,000 contribution from FVCC and a $5,000 contribution from the Kalispell Tennis Association for a total of $149,000. I do want to remind you that our budget estimate was based on the construction of 4 courts and when the decision was made to build 8 courts the budget appropriation was never increased to allow for the additional four courts. In any event the project architect Bruce Lutz and the Community Tennis Court Planning Committee is recommending that the contract be awarded to NuPac in the amount of $185,600 which includes the base bid of $166,500, $4,000 Add Alt. 1, $7,000 Add Alt. 2, and $9,000 for Add Alt. 3. If we award the $186,500 contract the project would be short $37,500. Since our original objective was to replace 4 tennis courts for a cost of $120,000, it makes some sense if we can double the number of courts to 8 for an additional investment of $37,500 we should do it. Therefore I am recommending Council award the bid to NuPac in the amount of $186,500 with $157,500 to come from our TIF budget.