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08-08-16 Council Work Session Agenda and full materialsMONTANA L CITY COUNCIL WORK SESSION AGENDA Monday, August 8, 2016, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER B. DISCUSSION ITEMS 1. Amendments to the Permit Process for Parades, and Special Events, and the related Alcohol Addendum 2. National Forest Service Building Appraisal 3. Solid Waste Division Business Plan Update C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please limit comments to three minutes. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Coffee with the Chief — August 10, 2016, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue West Regular Council Meeting — August 15, 2016, at 7:00 p.m. — Council Chambers Council Work Session — August 22, 2016, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Page 1 of 1 City Clerk's Office (406) 758-7756 city c�kkalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager SUBJECT: Possible amendments to the permit process and application for Parades, and Special Events, with or without Alcohol MEETING DATE: August 8, 2016 Work Session BACKGROUND: In 2013, the City Council adopted code amendments to Kalispell Municipal Code 3-18, regulating the service and consumption of beer and wine on city owned property. These amendments provided a permit process for events at specifically listed city owned locations and for not -for -profit organizations wanting to hold events in a public street or right-of- way within the commercial district. Other amendments further augmented the permit process. At the time of these discussions, it was acknowledged that the permit process would likely need adjustments over time. In May, 2015, the City Council amended the municipal code related to alcohol consumption on public places modifying the locations for the sale and consumption of alcohol at Woodland Park and modifying the time frame for application materials to be submitted to the city for review. Several applications have brought forward questions regarding whether all for profit events in the street or right-of-way should be automatically excluded from applying to serve alcohol. Staff is recommending the following modifications to address these concerns and to provide clarification across the permit process. 1) Fully separate the alcohol addendum from the parade/special event permit. Parade/special event permits that do not involve alcohol can be approved administratively, while the alcohol addendum can only be approved by City Council. Creating a separate alcohol permit instead of an alcohol addendum to the parade/special event permit should serve to reduce confusion regarding what is in the jurisdiction of the City Council, and what is administratively approved. 2) Allow for profit applicants to apply for alcohol permits. The argument has been made that some for profit events benefit the community, and should be considered by the City Council. This amendment would allow for profit organizations to apply for an alcohol permit for an event within the street or public right- of-way. The applicant would then be obligated to provide testimony that the event would benefit the community. Additional questions are proposed for the permit application, and the applicant would be expected to attend the City Council meeting when the application was considered. 3) Clean up existing language throughout section 3-18 of the code and the applications to reflect these amendments. RECOMMENDATION: City staff recommends that the City Council discuss these proposed amendments. If the Council would then like to consider these amendments further, council can request that some or all of these amendments be written into an Ordinance amending Section 3-18 of the Kalispell Municipal Code to be brought before council for consideration during a regular council meeting. ATTACHMENTS: Municipal Code Section 3-18 with red strike -outs showing proposed amendments Parade/Special Event Permit with red strike -outs showing proposed amendments Alcohol Permit (previously Alcohol Addendum) with red strike -outs showing proposed amendments PROPOSED AMENDMENTS TO THE MUNICIPAL CODE RELATED TO PARADE/SPECIAL EVENT PERMITS AND CONSUMPTION OF ALCOHOL IN PUBLIC PLACES 3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions. A. Except as otherwise provided in this Code, no person shall sell, serve, dispense, consume or possess an open container of any alcoholic beverage in or upon any building or other property owned or occupied by the City or upon any street or sidewalk unless such action is within the permitted uses authorized through an speeial p4lie eveii alcohol permit issued by the City Council. in conjunction with aparade/special event permit issued by the City.Notwithstanding the foregoing, this chapter shall not be construed to prohibit the legal sale, service, consumption or possession of alcoholic beverages on the grounds of the Buffalo Hill Golf Club. B. Persons wishing to use the following City owned property: Hockaday Center for the Arts and its grounds; 2. The Conrad Mansion and its grounds; 3. The Kalispell Chamber of Commerce building; 4. The Central School Museum and its grounds; 5. Depot Park; 6. Lakers Ball Fields; 7. The hockey rink and surrounding grounds between the dates of December 21st and March 21 st, at Woodland Park; 8. A street or right-of-way within the commercial district belonging to the City for an event which involves the consumption, possession or sale of, beer and/or wine shall first submit a city alcohol permit gpplication in conjunction with a cityparade/special event permit application to the City-Nlaffager Attorney's office. Parade/special events that do not include the distribution or consumption of alcohol will be approved or disapproved administratively through a parade/special event permit application, and shall be submitted with enoughprior to the event for multiple departments to review the application. An alcohol permit application for any such event in which beer and/or wine is distributed or consumed outdoors shall include a detailed map specifically showing the proposed location of a fenced area in which all such distribution and consumption shall occur and be monitored. All such alcohol permit applications shall be filed with the City Clerk in time to be scheduled on the next regular city council agenda. The City Manager shall, within such period, make a recommendation on the alcohol permit application and place all applications before the City Council as an action item to approve or disapprove the recommendation made by the City Manager. C. The applicant for an alcohol spee a p„ li eve * permit shall comply with all statutes and regulations of the Montana Department of Revenue governing sales of beer and/or wine, and shall ensure that a trained volunteer or employee in one of the preapproved Montana Department of Revenue training courses is present at the point of sale and service. D. The City Council may grant an alcohol permit allowing the sale of beer and/or wine, if, considering the type of function, it finds that: Staff has approved, or will approve a parade/special event permit for the function: 2. The community will benefit from the event: 3. The time, location and duration of the function are not likely to significantly interfere with public services; 24. The number and concentration of participants at the function are not likely to result in crowds exceeding limitations in the City fire regulations, or other significant inconvenience to the residents of the surrounding neighborhoods; 5 Underage persons will not obtain alcoholic beverages served at the function, and the precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and manned security, are likely to adequately secure and supervise the area and the participants during the function; 64. The applicant agrees to limit the consumption under the permit to the hours between 11:00 a.m. and 11:00 p.m.; 7-5. The applicant agrees to pay such fees and damage deposit as the City Council has established by resolution to reimburse the City for its costs of solid waste pick up and removal and barricade placements and comply with all rules set out in the permit regarding the treatment of solid waste, material that may be used, e.g., no glass bottles; 86. The applicant agrees to provide security for the permitted function commensurate with the recommendations of the Chief of Police; -7. The applicant agrees to indemnify and hold harmless the City, its employees and agents for all liability claims arising out of the event as well as provide liability insurance coverage in the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one million five hundred thousand dollars ($1,500,000.00) aggregate naming the City of Kalispell as an additional named insured. E. Not -for -profit entities may apply for and the City Council may approve a seasonal spee event alcohol -permit for public events that recur in the same location in the commercial district over a period of time not to exceed four (4) months. F. The City Council may deny a permit on the grounds that approval would be detrimental to the public safety, health, order or welfare by reason of the nature of the event, or result in the consumption of alcoholic beverages by minors, or the failure of the applicant to conduct a past event in compliance with applicable laws and regulations. The request may also be denied if another event has previously been scheduled for that location on the same day and time, or if the event would unreasonably interfere with normal activities and customary and general use and enjoyment of the facility. G. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated as follows: 1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code Annotated Sections 164420 through 16-4-423 only, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the distance requirement between licensed establishments and a church, synagogue or other place of worship, so long as such licensee is located within the General Business B-2 and the Industrial -Commercial B-5 City land use zones. 2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the distance requirement between licensed establishments and a church, synagogue or other place of worship, so long as such licensee is located within a Central Business, B-4 land use zone. 3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated, by reducing the distance requirement between licensed liquor establishments and schools to three hundred (300) feet in the General Business B-2, Central Business B-4, and the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; amd. Ord. 1638, 6- 2-2008; Ord. 1725, 6-17-2013; Ord. 1757, 5-18-2015) CITY OF KALISPELL PARADE/SPECIAL EVENT PERMIT APPLICATION (Please read and follow the instructions to insure the best service) A Parade/Special Event Permit is required for applicants seeking to make use of city property and public right-of-ways. Parades/Special Events may include but are not limited to such activities as arts festivals, fairs, tours, concerts, holiday celebrations, business promotional events, car washes, bicycle races, runs, parades, marches and processions, motorcades, assemblies, etc. that occur in whole or in part on City owned or maintained property, such as streets, sidewalks, boulevards and parks. 1. Complete and return the application to the City Attorney's Office -ate with a certificate of insurance. The liability insurance must be in the amount of a minimum of $750,000 for each claim and $1.5 million for each occurrence. The cGertificate must name the City of Kalispell as certificate holder or as an additional named insured. 2. The City Attorney's Office will distribute the application to the Parks Department, Public Works Department, Fire Department, and Police Department for review. 3. Following review by the City Attorney's Office, Parks Department, Public Works Department, Fire Department, and Police Department, the applicant will be contacted with either an approval or for a meeting to determine if the plan submitted may be changed to meet any liability or use concerns of the City. The following fees may be charged depending on the services required by the event. The applicant must provide the appropriate fee(s) to the City Attorney's Office before the final, signed permit is issued. • Parade Fee $100.00 (includes barricade fee) • Barricade Fee $ 50.00 per staging • Solid Waste Fee $100.00 per hour • Refundable Damage Deposit $100.00 (if requested) 4. Barricades, signs, and delineation equipment must be installed and removed as directed by the Public Works Department. 5. Volunteers must be provided to monitor barricades in all areas not requiring traffic control personnel. 6—.If the proposed event includes the sale or consumption of alcohol, tea separate Alcohol permit application ^ a�must be completed and submitted with this Parade/Special Event permit application. The City Council must approve all requests for alcohol at proposed events. Please complete the attached form and return it to: Kalispell City Attorney Kalispell City Hall 201 First Avenue East Kalispell, MT 59901 (406) 758-7977 Fax: (406) 758-7758 jfunkkkalispell.com Revised February, 2015 and August, 2016 Date Application Received: Date Issued: CITY OF KALISPELL PARADE/SPECIAL EVENT PERMIT APPLICATION Application must be filled in completely. Requests for a Parade/Special Event Permit must be received with enough time for multiple department approval (preferably 3 weeks prior to the requested activity). YOU MUST ATTACH A DETAILED MAP OF THE EVENT. 1. Name of Event: 2. Event Date(s): 3. Group Name Sponsoring Event: 4. Organization Officer/Authorized Representative: 5. Daytime Phone 4: Email: Start Time: End Time: 6. Description of Parade/Special Event. Please include whether the parade/special event will occupy all or only a portion of the width of the streets, the location of any event areas, and the type of event including any activities planned (floats, animals, etc.). Please attach any other documentation that may be helpful: 1 7. Proposed Route if applicable tincluding starting and termination points (Please attach a map): 8. Describe any recording equipment, sound amplification equipment, banners, signs, or other attention -getting devices to be used in connection with the parade/special event: Revised February, 2015 and August, 2016 9. Street Closures/Parking Restrictions requested, if any: 10. Please specify what (if any) city equipment/assistance is requested (road barricades, trash containers, traffic assistance, crowd control, etc.): 11. Please specify what arrangements have been made for clean-up after the parade/special event: Revised February, 2015 and August. 2016 INSURANCE A Certificate of Liability Insurance in the amount of at least $750,000 per occurrence and $1.5 million aggregate must be submitted to the Kalispell City Attorney's office prior to any permit being issued. The Certificate of Insurance must name The City of Kalispell as certificate holder or as an additionally named insured on the policy. For insurance questions please contact the city attorney's office at (406) 758-7977. PARADES NO CANDY OR OBJECTS MAY BE THROWN TO SPECTATORS. The appliea-nt will ensu that pFtieip nts do not fade o fleats with *h& legs langing ever the side.The applicant will brief participants to maintain a safe and constant interval during the parade, and will notify participants they cannot ride on floats with their legs hanging over the side.- This will help prevent the "accordion effect" which results in gaps in the parade procession, and will help ensure the safety of participants TERMS AND CONDITIONS As an agent and acting on behalf of the requesting agency or organization, I hereby certify that the information above is complete and correct. I further understand that it is my responsibility to ensure that participants for the parade/event as requested fully understand that the City of Kalispell and the State of Montana does not endorse, encourage, condone, or protest the said parade/event. It is further my understanding that each participant will be advised by the parade/event sponsor that the City of Kalispell and the State of Montana will be held harmless and will not be responsible for injuries, damages, or deaths resulting from or while participating in the parade/event. ACKNOWLEDGMENT OF LEGAL RESPONSIBILITIES By signature below I acknowledge that the applicant is responsible for the prudent management of the event, for the welfare of the public at the event, for all property belonging to the applicant and to the Citv related to the event. and for adherence to the Kalispell Municipal Code and regulations, as well as the laws of the State of Montana. I understand that I must pay all fees and deposits as required. I understand that my permit can be revoked at any time for good cause, that my deposit may not be returned, and I may not be able to obtain a new permit in the future. I have read and understand all of the policies and regulations contained in the permit. Signature of Applicant Print Name/Title: Organization Date Revised February, 2015 and August, 2016 INTERNAL APPROVAL PROCESS ROUTING DO NOT WRITE BELOW THIS SPACE (FOR CITY USE ONLY) Signature Circle One Date Fire: Approve / Deny Parks: Approve / Deny Police: Approve / Deny Public Works: Approve / Deny City Attorney: Approve / Deny Date Permit Issued: OR Date Permit Denied: Reason for Denial: City Manager Signature: ** PLEASE CHECK APPLICABLE FEES Parade Fee [ ] Date Paid: Deposit [ ] Date Paid: Barricade Fee [ ] Estimated Amount: Date Paid: Solid Waste [ ] Estimated Amount: Date Paid: Additional Notes: Revised February, 2015 and August, 2016 CITY OF KALISPELL ALCOHOL PERNHT APPLICATION If it is the request of the applicant to sell, serve, consume or possess beer and/or wine at a special event held on City owned or maintained property, the following information and documentation must be provided in addition to an accompanying parade/special event permit application. If city staff approves the parade/special event permit, the alcohol permit application shall be placed before the City Council as an action item to approve or disapprove, and shall be filed with the City Clerk in time to be scheduled on the next regular city council agenda. Please refer to Kalispell Municipal Code 3-18 for clarification regarding the conditions under which the City Council may grant an alcohol permit, In addition, the applicant (or designee) should appear at the City Council meeting where the permit will be considered in the event the City Council seeks additional information. Name of Event: Event Date(s): Start Time: End Time: Name and contact information of requesting Organization_ I Name and contact information of licensed Caterer if applicable: I Provide an estimate of the number and concentration of participants at the event: Explain the community benefit of this event, and if applicable the not -for -profit organization that will benefit from the event: Provide a plan that ensures that underage persons will not obtain alcoholic beverages served at the event, and the precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and manned security to adequately secure and supervise the area and the participants during the event. Please also attach a map clearly showing the location of fencing barriers, including ingress and egress location(s): Revised February, 2015 and August, 2016 Please check that the following documentation accompanies this alcohol permit application If a document is not included, please indicate when the document is expected): Parade/special event permit application: f 1 Proof of liquor liability insurance coverage for the event: [ ] Proof of compliance with Department of Revenue requirements for the event: [ ] Detailed map clearly showing the proposed location of fencing barriers in which all distribution and consumption of alcohol shall occur and be monitored, including where participants will enter and exit this area. I_ 1 ACKNOWLEDGMENT OF LEGAL RESPONSIBILITIES ➢ The holder of this alcohol permit is solely responsible for all actions of his/her group, and for the welfare of the public at the event, for all property belonging to the group and to the City, and for adhering to the Kalispell Municipal Code and the Laws of the State of Montana. ➢ I understand that a trained volunteer or employee in one of the preapproved MDOR training courses must be present at all points of sale and service. ➢ I understand that I must pay all fees and deposits as required. ➢ I understand that my permit can be revoked at any time for just cause, that my deposit may not be returned, and I may not be able to obtain a new permit in the future for violations of the law such as providing alcohol to a minor (MCA 16-6-305), providing alcohol to an intoxicated person (MCA 16-36-304), drinking if not of legal drinking age (MCA 45-5-624), or driving while intoxicated (MCA 61-8-401). ➢ I have read and understand all of the policies and regulations contained in the permit. Signature of Applicant Date Print Name/Title Organization L__LApproved by the City Council this day of , 20 Revised February, 2015 and August, 2016 f ] Not approved by the City Council this day of , 20 Attested by: Aimee Brunckhorst, CMC, City Clerk Revised February, 2015 and August, 2016 CITY OF ignM!�O7N"TANA City of Kalispell Post Office Box 1997 - Kalispell, Montana. 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor Johnson and City Council From: Doug Russell, City Manager Re: National Forest Service Building Appraisal Meeting Date: August 8, 2016 BACKGROUND: At a previous meeting, Council discussed an offer from the Forest Service regarding the potential of a direct sale of Forest Service property to the City of Kalispell. The Forest Service has identified property that it could dispose of to reduce its facilities' footprint. This site is located adjacent to the City Airport and Wastewater Treatment Plant (see map- site 3AA). As the Forest Service was investigating this property, they identified a reversionary clause dictating that if the Forest Service decides that the site is no longer needed by the United States, it would revert to the City for the initial consideration paid, which was $828.00. This would apply to the 2.07 acres, but not the buildings or other improvements. At the work session in February, Council directed staff to move forward with discussions related to the facility as initial review identified potential use of the facility for equipment storage and use within our public works, police, and fire departments. The Forest service has received an appraisal of the building and would like to move forward with the sale of the property. The appraisal of the building was $219,855. However, the following repairs were noted, that decrease the purchase price of the building to approximately $103,000. Immediate Repairs: Roof Replacement Cost 10140 X $7.20 = $73,008 Roof Sheeting Replacement 2535 X $1.50 $3,803 Siding Replacement Cost 3800 X $3.65 = $13,870 Trim Covering $2,500 Eves Replacement Linear ft. 436 X $11.50 = $5,014 Garage Doors 2 Insulated 1Ox10 2 X $2,310 = $4,620 Garage Doors 4 Non -insulated 12x11 4 X $1,580 $6,320 Garage Doors 2 Insulated 12x11 2 X $3,080 = $6,160 Garage Door Opener 1 X $560 = $560 Replace Garage Door Head 1 X $1,000 = $1,000 Total Immediate Repairs $116,855 The FYI budget, which will be before the Council on August 15, is being modified to account for the purchase and repair of the building. The expenditures are being broken out according to the following departments: Fund Police/Fire Special/TSS Solid Waste Sewer Water Contribution $ 54,963.75 $ 54,963.75 $ 43,971.00 $ 32,978.25 $ 32,978.25 % Breakout 25% 25% 20% 15% 15% RECOMMENDATION: It is recommended that the City Council review the appraisal and provide any additional direction for the acquisition of this property. 201 1" Avenue East PO Box 1997 Kalispell, MT 59903 Phone: 406-758-7720 Fax: 406-758-7831 www.kalispell.com /public works MEMORANDUM To: Doug Russell, City Manager From: Susie Turner, P.E., Public Works Director Meeting Date: August 8, 2016 Re: Solid Waste Division Business Plan Update Public Works will be presenting a status update on information presented in the 2013 Solid Waste Business Plan, and inform the Council on potential new service accounts for two subdivisions. The review and 2016 update was prompted by residential requests for solid waste service from the City of Kalispell.