Agenda MemoTelephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Zip 59903-1997
TO:
FROM:
RE:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.