City Council Agenda

CITY COUNCIL MEETING AGENDA Monday, July 16, 2018, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – July 2, 2018 F. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. G. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. 1. Silverbrook Estates Phase 2A-A Final Plat This item would grant final plat approval to Silvermont Properties, LLP, for a 2-lot commercial subdivision on 4.48 acres of land located at the north end of Silverbrook and abutting Church Drive. 2. Cliff View Subdivision Final Plat This item would grant final plat approval to Skadi Properties, LLC for a 3-lot single family residential subdivision on a .615-acre tract of land located at the end of Mile High Court. Page 1 of 3  Kalispell City Council Agenda, July 16, 2018 3. Water Facility Plan Resolution of Intent – Resolution 5880 This Resolution calls for a public hearing on August 20, 2018 regarding the city’s intent to adopt a Water Facility Plan update. 4. Memorandum of Understanding between Flathead County Economic Development Authority (FCEDA) and the City of Kalispell Council will consider for approval this MOU that outlines the use of Targeted Economic Development District funds to compensate FCEDA for a portion of its administrative services provided to the Glacier Rail Park. H. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) I. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION Next Work Session – July 23, 2018, and July 30, 2018, at 7:00 p.m. – Council Chambers Next Regular Meeting – August 6, 2018, 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. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 2 of 3 Kalispell City Council Agenda, July 16, 2018 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. c. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007  We provide a safe environment where individual perspectives are respected, heard, and acknowledged.  We are responsible for respectful and courteous dialogue and participation.  We respect diverse opinions as a means to find solutions based on common ground.  We encourage and value broad community participation.  We encourage creative approaches to engage in public participation.  We value informed decision-making and take personal responsibility to educate and be educated.  We believe that respectful public dialogue fosters healthy community relationships, understanding, and problem solving.  We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition.  We follow the rules & guidelines established for each meeting. Page 3 of 3  CITY COUNCIL DRAFT MEETING MINUTES Monday, July 2, 2018, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Wayne Saverud: Present Council President - Chad Graham: Absent Council Member - Rod Kuntz: Present Council Member - Tim Kluesner: Present Council Member - Phil Guiffrida: Present Council Member - Kyle Waterman: Present Staff present included City Manager Doug Russell, City Attorney Charles Harball, City Clerk Aimee Brunckhorst, Finance Director Rick Wills, and Police Captain Tim Falkner. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion and Vote to approve the agenda. Council Member - Phil Guiffrida: Motion Council Member - Tim Kluesner: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Absent Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on voice vote with Councilor Graham absent. Page 1 of 5  Kalispell City Council Minutes, July 2, 2018 E. CONSENT AGENDA All items listed on the consent agenda will be accepted by one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – June 18, 2018 2. Ordinance 1811 – Second Reading - Glacier Rail Park TEDD Boundary Amendment  This ordinance would amend the current 49-acre TEDD boundary to encompass an additional 3.38 adjacent acres upon annexation. 3. Ordinance 1812 – Second Reading – Glacier Rail Park Zoning  This ordinance would zone 3.38 acres adjacent to the Glacier Rail Park, I- 2/PUD zoning. Public Comment Mayor Johnson called for public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as submitted. Council Member - Tim Kluesner: Motion Council Member - Wayne Saverud: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Absent Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. F. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. Lisa Sheppard, Public Comment Ms. Sheppard, the Director of the Flathead County Agency on Aging talked about Eagle Transit changes saying they have modified the Kalispell city bus route with a new transfer stop at the Gateway Community Center shortening the route time for customers. They have also modified their hours. They now have an Evergreen Commuter for people who work 8 to 5. They also now have a ‘Tri-City’ commuter connecting to Whitefish and Columbia Falls replacing two separate commuters. Ms. Sheppard said thank you to the city for working with them on bus stop signage. Page 2 of 5  Kalispell City Council Minutes, July 2, 2018 Summer commuter to Glacier National Park seven days a week, three times a day for five dollars round trip all the way to Avalanche. Sherry Stevens, Public Comment Ms. Stevens, Executive Director for the United Way spoke regarding the new bus transfer station at the Gateway Community Center on the north end of the property and the changes that has brought. She said they have been working with city Public Works regarding a traffic pattern change on the property to increase safety. Seeing no further public comment, Mayor Johnson closed public comment. G. PUBLIC HEARING – Preliminary Budget Fiscal Year 2019 Council will accept comments regarding the preliminary budget for fiscal year 2019. Mayor Johnson opened the public hearing and called for public comment. Seeing none, he closed the public hearing. H. REPORTS, RECOMMENDATIONS, AND SUBSEQUENT COUNCIL ACTION Persons wishing to address the council on individual agenda items will be asked to do so following staff reports. Please see the last page of the agenda for the proper manner of addressing the council. Please limit comments to three minutes. 1. Westside Interceptor Bond – Resolution 5879  This Resolution would authorize the sale, form, and terms of the issuance of sewer fund bonds in the amount of $14,400,000 for completion of the West Side Interceptor Project with the Montana Department of Natural Resources and Conservation State Revolving Fund Loan Program. City Manager Doug Russell provided an introduction to this item. Council Kluesner asked questions of staff. 00:17:50 Council Saverud asked questions of staff. Public Comment Mayor Johnson called for public comment. 00:18:41 Mark Merchant, Public Comment Mark Merchant of 288 4th Ave. EN asked a question regarding other financial sources for this project beyond this bond. Seeing no further comment, Mayor Johnson closed public comment. Motion and Vote to approve Resolution 5879, authorizing the City Manager to execute agreements relating to $14,400,000 Sewerage System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program), consisting of $400,000 Subordinate Lien Taxable Series 2018A Bond, $7,000,000 Taxable Series 2018B Bond and $7,000,000 Page 3 of 5  Kalispell City Council Minutes, July 2, 2018 Taxable Series 2018C Bond; authorizing the issuance and fixing the terms and conditions thereof. Council Member – Kari Gabriel: Motion Council Member – Sandy Carlson: 2nd Council Guiffrida began discussion on the motion. Mayor Johnson continued the discussion. Vote on the motion. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Wayne Saverud: Approve Council President - Chad Graham: Absent Council Member - Rod Kuntz: Approve Council Member - Tim Kluesner: Approve Council Member - Phil Guiffrida: Approve Council Member - Kyle Waterman: Approve The motion passed unanimously on roll call vote with Councilor Graham absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Doug Russell provided the following report:  The City Manager asked the Mayor and Council for feedback on the upcoming work session schedules and the following schedules were chosen. o EMS Presentation – Scheduled for July 23 o Business Improvement District – July 30th o RV Park Growth Policy Amendment Possibility – Schedule for July 23 o City Manager will be absent August 13 (Cancel)  Biosolids – Tour of facility in Coeur d’Alene: Saturday, Sept. 8th will not work for many Council members. Mr. Russell will reschedule.  Working on BUILD Grant – The Chamber of Commerce is working on a fly-in to meet with delegations related to transportation. Mr. Russell, Ms. King, and Mayor Johnson plan to attend. The travel costs could be absorbed in the existing budget for the Council to travel to the Montana League of Cities and Towns Conference. Mayor Mark Johnson provided the following report:  Mayor Johnson asked whether Financial Drive on the Gateway Community Center property was a public road – it is not. J. ADJOURNMENT Mark Johnson adjourned the meeting at 7:33 p.m. Page 4 of 5  Kalispell City Council Minutes, July 2, 2018 ________________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed – July 4, 2018 – Independence Day Next Work Session – July 9, 2018, at 7:00 p.m. – Council Chambers Next Regular Meeting – July 16, 2018, 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. Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on Demand tab at www.kalispell.com. Page 5 of 5  Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Silverbrook Phase 2A-A Subdivision MEETING DATE: July 16, 2018 BACKGROUND: Our office has received an application for final plat approval from WGM Group, on behalf of Silvermont Properties, LLP, for a 2-lot commercial subdivision on 4.48 acres of land. The subject property is located at the north end of Silverbrook and both lots abut Church Drive. The property is generally located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and is more specifically described in Exhibit A (attached). The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and amended on February 21, 2017. All of the conditions have been met or otherwise adequately addressed. In addition, a Subdivision Improvement Agreement in the amount of $598,022.63 (125% of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat and Subdivision Improvement Agreement for Silverbrook Phase 2A-A. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 10, 2018 c: Aimee Brunckhorst, Kalispell City Clerk  Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning July 10, 2018 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Re: Final Plat request for Silverbrook Estates Phase 2A-A Subdivision Dear Doug: Our office has received an application for final plat approval from WGM Group, on behalf of Silvermont Properties, LLP, for a 2-lot commercial subdivision on 4.48 acres of land. The subject property is located at the north end of Silverbrook and both lots abut Church Drive. The property is generally located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana and is more specifically described in Exhibit A (attached). The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and amended on February 21, 2017. All of the conditions have been met or otherwise adequately addressed. The following report summarizes the applicant’s compliance with the conditions of approval contained within Resolutions 5749 and 5806. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Note: Implementing the conditions of approval may reduce the number of lots shown on the approved preliminary plat. Staff Response: This condition has been met. The submitted final plat is in substantial compliance with the preliminary plat application documents. 2. The total footprint square footage for all buildings on the 13 commercial lots in phase 2A shall not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square feet. Staff Response: This condition has been met. The lots are currently vacant and building and planning staff is aware of the condition. 3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the date of approval.  Staff Response: This condition has been met. The preliminary plat expires in January 2019. 4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the A&B designations added to each lot (i.e. 305A and 305B) to further clarify the lots as townhouse lots. Staff Response: This condition is not applicable to this phase. 5. The following note shall be placed on the final plat for phase 2B: “Further subdivision of the lots in phase 2B is prohibited.” Staff Response: This condition is not applicable to this phase. 6. Prior to submitting a final plat application for phase 2C a zone change application for blocks 33 and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City Council. Staff Response: This condition is not applicable to this phase. 7. The existing Traffic Impact Study shall be amended to include an analysis of the approaches intersecting Church Drive and mitigated improvements that may be necessary to Church Drive with the increase in traffic. Proposed improvements that may result from the analysis shall be approved by the Public Works Department prior to engineering design. Staff Response: This condition has been met. This project only consists of 2 lots therefore in agreement with the Kalispell Public Works, an amended Traffic Impact Study will be submitted with the larger future phases of Phase 2. 8. The streets serving the neighborhood commercial portion of the project will be constructed to a minimum of collector street standards. The following note shall be placed on the final plat for phase 2A: “Along roadways with on street parking, the eight (8) feet adjacent to the curb shall be used for snow storage. Pedestrian facilities must be provided outside of the aforementioned eight (8) feet.” Staff Response: This condition has been met. Diamond Loop has been designed to collector street standards and approved by Kalispell Public Works in a letter from Kalispell City Engineer Keith Haskins, PE, dated 9/12/2017. 9. All intersections shall be designed in accordance with the most recent version of AASHTO’s A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall intersect at ninety (90) degree angles, if topography permits, but in no case shall the angle of intersection be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet as measured along the centerline, from right-of-way line at the intersecting street. Staff Response: This condition has been met. All streets in this phase intersect at right angles and approved by Kalispell Public Works in a letter from Kalispell City Engineer Keith Haskins, PE, dated 9/12/2017. 10. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with current City of Kalispell’s Standards for Design and Construction and Montana Public Works Standards. The design shall be certified in writing by a professional engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to water main, sewer main, storm sewer facilities, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. Additionally, the developer has entered into a Subdivision Improvement Agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required is installed to city standards for design and construction. 11. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell’s Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification stamped by a Professional Engineer shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. Additionally, the developer has entered into a Subdivision Improvement Agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required is installed to city standards for design and construction. 12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility easement adjacent to and outside of the public right-of-way. Staff Response: This condition has been met. No private irrigation mains are being extended as a part of this phase. 13. Prior to submitting a final plat application for each phase, the developer shall provide the Public Works Department with an analysis of possible deficiencies created in the existing conveyance system, from the respective phase to the treatment plant, by the addition of the phase. The analysis and possible mitigation plan, once reviewed and approved by the Public Works Department, shall be completed prior to final plat approval. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 14. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 15. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 16. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The developer has entered into a Subdivision Improvement Agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required is installed to city standards for design and construction. 17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code currently adopted by the City of Kalispell at the time of construction. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code currently adopted by the City of Kalispell. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 18. The developer shall submit to the Kalispell Public Works Department, for review and approval, documentation that the proposed bedding, haunching, initial backfill and subbase backfill materials for utility trenches, as required in the City of Kalispell Standards for Design and Construction, meets the requirements for Class 1 Materials as defined in ASTM D 2321 and the mitigation requirements (Section X1.8) of the same standard. The documentation shall be certified by an engineer licensed in the State of Montana. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and Recreation Department.  Staff Response: This condition is not applicable as no construction is occurring along US 93 with this phase. 20. A letter shall be submitted from an engineer licensed in the state of Montana approving the reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in accordance with CMG Engineering’s slope stability assessment. Staff Response: This condition is not applicable as no construction is occurring along the Stillwater River with this phase. 21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of the reshaped slope mentioned in condition 20 and require a minimum 20 foot building setback from the crest of the reshaped slope. Staff Response: This condition is not applicable as no construction is occurring along the Stillwater River with this phase. 22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended to include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks letter to minimize the problems that future homeowners could have with wildlife, as well as helping them protect themselves, their property, and the wildlife. Staff Response: This condition has been met. The covenants were considered. 23. Phase 2B shall be amended to include a minimum one acre of open space. The open space shall be located centrally in either block 29 or block 30. Prior to final plat approve the open space location shall be approved by the Kalispell Site Review Committee. Staff Response: This condition is not applicable as it refers to a different phase. 24. The one acre of open space shall be developed with the following: • Irrigation • Landscaping to consist of trees, grass and shrubs • Pedestrian paths • A focal feature such as a gazebo, art work or formal garden The development plan shall be submitted to the Parks and Recreation Department for review and approval and installed prior to final plat of phase 2B. Staff Response: This condition is not applicable as it refers to a different phase. 25. Additional open space shall be provided either north or south of the one acre open space site required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50 feet in width and include a walking path to be constructed per standards approved by the Parks and Recreation Department. The walking path shall be constructed prior to final plat approval.  Staff Response: This condition is not applicable as it refers to a different phase. 26. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. See Kalispell Parks Department letter dated 7/11/2018. 27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. A letter from the Kalispell Parks and Recreation Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. Staff Response: This condition is not applicable as it refers to a different phase. 28. The approved pedestrian/bike path plan shall be installed as follows: • Paths within the open space along Highway 93 shall be installed prior to final plat approval of phase 2A. • Paths within the open space along the Stillwater River, wetland and drainage shall be installed prior to final plat approval of phase 2b of the subdivision. • All other remaining paths shall be installed prior to final plat approval of the respective phase they are located in. Staff Response: This condition is not applicable as it refers to a different phase. 29. The following note shall be placed on the final plat: “Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation.” Staff Response: This condition has been met per note on the face of the final plat. 30. The following note shall be placed on the final plat: “This subdivision is located in an agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision.” Staff Response: This condition has been met per note on the face of the final plat. 31. The following note shall be placed on the final plat: “Be aware that an existing arena and race track are located to the north of the subdivision. Noise generated by the arena and race track may be heard from your property.” Staff Response: This condition has been met per note on the face of the final plat. 32. The rear property boundaries of lots 574–579 of Block 53 shall be amended to provide a minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary. Staff Response: This condition is not applicable as it refers to a different phase. 33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer’s consultants. Staff Response: This condition is not applicable as it refers to a different phase. 34. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 574–579 of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34. Staff Response: This condition is not applicable as it refers to a different phase. 35. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Manual of Uniform Traffic Control Devices and be subject to review and approval prior to final platting of each respective phase. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 36. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. See approval letter from Kalispell Public Works dated 9/12/2017. 37. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. The mail delivery site shall provide ADA accessibility from the public pedestrian facilities.  Staff Response: This condition has been met. See approval letter from Josh Schlecht, Kalispell Postmaster and Kalispell Public Works dated 9/12/2017. 38. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." _____________________ Developer's Signature Staff Response: This condition has been met per note on face of the final plat. 39. That a minimum of two-thirds of the necessary infrastructure for each phase of this subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains from the city to the site and necessary lift stations to transport effluent back to the city. Staff Response: This condition has been met. Two-thirds of the necessary infrastructure for the Silverbrook Development is in place. Additionally, the developer has entered into a Subdivision Improvement Agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required is installed to city standards for design and construction. 40. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial alignment to Tract 1D shall be dedicated to the City of Kalispell within Block 54 to provide road and utility connections to the property immediately west. The dedication shall be done prior to final plat of phase 2d. Final location of the right-of-way shall be approved by the Public Works Department. Development of the right-of-way will be required by the developer of Tract 1D. Staff Response: This condition is not applicable as it refers to a different phase. 41. The original design report prepared by Pioneer Technical Services indicated two wells would be installed for the subdivision which were projected to provide the required fire flow of 1,500 gpm. Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public water supply well installed to serve the Silverbrook subdivision. The completed Well No. 2 has a permitted pumping rate of 250 gpm and lies approximately 2.5 miles north of any redundant supply lines. Water modeling shall be completed to determine the water production and water right improvements necessary to provide maximum daily demand for full build out of Phases 1 and 2. Required improvements shall be completed at no cost to the City of Kalispell. Staff Response: This condition has been met. See Kalispell Public Works dated 9/12/2017 and Montana Department of Environmental Quality letter dated 9/22/2017. 42. All utilities shall be installed underground.  Staff Response: This condition is adequately addressed. The utilities will be installed underground and inspected by the Public Works Construction Manager. 43. All areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. Staff Response: This condition is adequately addressed. All disturbed areas will be re-vegetated and inspected by the Public Works Construction Manager. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the B-1 PUD zoning on the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Silverbrook Estates Phase 2A-A. Please schedule this matter for the regular city council meeting on July 16, 2018. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat and utility easements - Application and applicant responses and final plat application dated 6/6/2018 - Stewart Title Guaranty Company Report 63742 dated 4/30/2018 - Montana Department of Environmental Quality Water Main Extension approval dated 9/22/2017 - Flathead County tax certification dated 5/31/2018. - Consent to plat letter dated 6/4/2018 from Glacier Bank - Consent to Plat letter dated 6/3/2018 from Kirk’s Tire - Letter from Josh Schlecht, Postmaster - Letter from Kalispell Public Works Department Keith Haskins dated 9/12/2017 - Letter from Kalispell Public Works Department Frank Castles dated 8/14/2007 - Letter from Kalispell Parks Department Chad Fincher dated 7/11/2018 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group Attn: Brett Walcheck, PE 431 1ST Ave. West Kalispell, MT 59901 WGM GROUP WWW.WGMGROUP.COM  Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Cliff View Subdivision MEETING DATE: July 16, 2018 BACKGROUND: Our office has received an application for final plat approval from Larsen Engineering and Surveying, on behalf of Skadi Properties, LLC, for a 3-lot single family residential subdivision on a .615-acre tract of land. The subject property to be subdivided is located at the end of Mile High Court. The description of the property is a tract of land in the NE4 of the NW4 of Section 10, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana and is more specifically described as Lot 7 of the amended plat of Lots 4 and 7 and Mile High Court of the Re-subdivision of Lot 1 of the Minor Subdivision Plat Number 117. The Kalispell City Council approved the preliminary plat with 13 conditions on May 6, 2013. All of the conditions have been met or otherwise adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Cliff View Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 9, 2018 c: Aimee Brunckhorst, Kalispell City Clerk  Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning July 10, 2018 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Re: Final Plat request for Cliff View Subdivision Dear Doug: Our office has received an application for final plat approval from Larsen Engineering and Surveying, Inc. on behalf of Scadi properties, LLC for Cliff View Subdivision, a 3 lot single family residential development on .615 Acres of land. The subject property to be subdivided is located at the end of Mile High Court. The description of the property is a tract of land in the NE4 of the NW4 of Section 10, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. It is more specifically described as Lot 7 of the amended plat of Lots 4 and 7 and Mile High Court of the Re-subdivision of Lot 1 of the Minor Subdivision Plat Number 117. The Kalispell City Council approved the preliminary plat with 13 conditions on May 6, 2013. All of the conditions have been met or otherwise adequately addressed. The following report summarizes the applicant’s compliance with the conditions of approval contained within Resolution No. 5615. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The submitted final plat is in substantial compliance with the preliminary plat application documents. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The submitted final plat is in compliance with the applicable conditions of Resolution 5615 approved on May 6, 2013, and is still valid. Prior to final plat: 3. An easement shall be granted to the city on the south side of the hammerhead turnaround on lot 3 for snow storage. The exact easement location shall be reviewed and approved by the Kalispell Public Works department and shown on the final plat. Staff Response: This condition has been met. An easement granted to the city is located on the face of the plat. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met per letter dated August 1, 2013 from City Assistant Engineer Rebekah Wargo and City Construction Manager Mark Crowley dated May 22, 2018. 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Staff Response: This condition has been met per letter dated August 1, 2013 from City Assistant Engineer Rebekah Wargo and City Construction Manager Mark Crowley dated May 22, 2018. 6. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met per letter dated May 22, 2018 from City Construction Manager Mark Crowley. 7. The parkland dedication requirements shall be met with the payment of cash in lieu of parkland equal to 0.09 acres of land. The payment shall be based on the fair market value of undivided, unimproved land. (Kalispell Subdivision Regulations, Section 3.11). Staff Response: This condition has been met. The applicant has attached a cash in lieu of parkland check in the amount of $3,600. 8. After completion of the water and sewer service line installation in Mile High Court the developer shall repave that portion of the street impacted by the installations. The extent of repaving shall be reviewed and approved by the Kalispell Public Works Department prior to the work being completed.  Staff Response: This condition has been met per letter dated May 22, 2018 from City Construction Manager Mark Crowley. 9. A note shall be placed on the face of the final plat prohibiting basements in future homes on the three lots, and crawl space depths shall be determined by the engineer and will be submitted in the stormwater design report. Staff Response: This condition has been met per note on the face of the final plat. 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met per letter dated May 22, 2018 from City Construction Manager Mark Crowley and so noted on the face of the final plat. 11. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." _____________________ Developer's Signature Staff Response: This condition has been met per note on the face of the final plat. Ongoing conditions: 12. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities are constructed underground. 13. All areas disturbed during development shall be re-vegetated with a weed-free mix immediately after development. Staff Response: This condition has been met per site inspection of site on July 5, 2018. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 PUD zoning on the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Cliff View Subdivision. Please schedule this matter for the regular city council meeting on July 16, 2018. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat and utility easements - Application and applicant responses and final plat application dated 6/25/2018 - Old Republic National Title Insurance Company Title Guaranty Company Report SG-8001738 - Montana Department of Environmental Quality municipal facilities exclusion letter dated August 20, 2013 - Flathead County tax certification dated 9/26/2017 and updated 5/31/2018. - Letter from Kalispell Public Works Department (engineering approval) from Rebecca Wargo dated 8/1/2013 - Letter from Kalispell Public Works Department, Mark Crowley dated 5/22/2018 (utility easements) dated 4/30/2018 - Cash in lieu of Parklands in the amount of $3,600. c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Larsen Engineering and Surveying Attn: Ardis Larsen P.O. Box 2071 Kalispell, MT 59903  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 To: Doug Russell, City Manager From: Susie Turner, Public Work Director Re: Resolution of Intent and Call for Public Hearing for the 2018 Water Facility Plan Update Meeting Date: July 16, 2018 BACKGROUND: A Water Facility Plan provides a guide for operational and capital improvements that are the basis of planning, financing, designing, construction and solution implementations to meet the City’s foreseeable water system needs for present and future year sustainability. In May of last year, AE2S Engineering was contracted by the City to update the City’s 2008 Water Facility Plan (WFP). The update was finalized this spring, following the April 23, 2018 work session that provided an overview of the Draft 2018 WFP. As part of the consideration for adoption of the 2018 Water Facility Plan Update, a public hearing process is applicable and will begin with the passage of the proposed resolution that establishes a date for the public hearing. RECOMMENDATION: It is recommended that Council adopt the resolution calling for a public hearing on August 20, 2018, for the proposed adoption of the 2018 Water Facility Plan Update. ALTERNATIVES: As suggested by Council. ATTACHMENTS: Resolution 5880 Kalispell 2018 Water Facility Plan Update  RESOLUTION NO. 5880 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF THE CITY OF KALISPELL’S “2018 WATER FACILITY PLAN UPDATE”. WHEREAS, the City of Kalispell, as a municipal government of the State of Montana, owns and operates water and wastewater utilities under the statutory authority of the state; and WHEREAS, it is necessary and prudent for the City to adequately plan for future development of its water and wastewater utilities; and WHEREAS, the City last approved the City-wide Kalispell Water and Wastewater Facility Plan Update in March 2008; and WHEREAS, the City contracted the services of a private engineering firm with specific expertise in utility planning to study and recommend planning details on the future water and sewer system requirements that will service existing and new development within the City; and WHEREAS, the City received and reviewed the resulting study, referred to as the “2018 Water Facility Plan Update,” and has circulated the plan to the local engineering, construction and development community requesting input and comments on the proposed supplemental facility plan; and WHEREAS, pursuant to state regulation and its own internal procedures, the City shall make the proposed plan amendment available to the public for its review and hold a public hearing to receive and consider comment on the plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Public Hearing. On August 20, 2018, at 7:00 p.m., in the Council Chambers in the Kalispell City Hall, the City Council will conduct a public hearing on the proposed 2018 Water Facility Plan Update. SECTION 2. Notice of Public Hearing. The City Clerk is hereby, pursuant to the requirements of state law, directed to publish a copy of the Notice of the Public Hearing in substantially the form attached hereto as “Exhibit A” and hereby fully incorporated herein. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF JULY, 2018. ___________________________________ Mark Johnson Mayor ATTEST: ______________________________ Judi Funk Deputy City Clerk  CITY OF KALISPELL, MONTANA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the “Council”) of the City of Kalispell, Montana (the “City”) will hold a public hearing on the proposed 2018 Water Facility Plan Update on August 20, 2018, at 7:00 p.m., at the Council Chambers in Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana. The Plan relates to recommended planning details on the future water and sewer system requirements that will service existing and new development within the City. The proposed 2018 Water Facility Plan Update is available for download on the City of Kalispell website and accessed at: http://www.kalispell.com/or may be purchased as a hard copy at cost from the Kalispell Public Works Department. Further information may be obtained from the City of Kalispell Department of Public Works, located at Kalispell City Hall, 201 1st Avenue East, Kalispell, Montana, and can be reached by telephone at (406) 758-7720. All interested persons may appear and offer comments and evidence at the hearing as scheduled above or may elect to file written comments with the City Clerk prior to such hearing to CityCouncil@kalispell.com, or PO Box 1997, Kalispell, MT 59903. Dated this 16th day of July, 2018. BY ORDER OF THE CITY COUNCIL By Judi Funk Deputy City Clerk Publication Dates: July 22, 2018 August 12, 2018  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: MOU with FCEDA- Costs for Rail Park Development/Administration Meeting Date: July 16, 2018 BACKGROUND: In January of 2015, The City of Kalispell and Flathead County Economic Development Authority formalized a Memorandum of Understanding to identify the partnership for engineering costs related to the rail park being constructed as part of the TIGER grant. Similar to that MOU, FCEDA and the city have been finalizing an MOU to outline the use of the Targeted Economic Development District (TEDD) funds to reimburse FCEDA for a portion of the costs they will be incurring in their administrative responsibility related to relocation agreements. A recent project in the Westside Tax Increment Finance District (TIF) had been set up to reimburse the development only after taxes had been paid for a respective year, thus identifying the increment to the project itself. The MOU before Council is similar in that it provides revenues to FCEDA from their development project of relocating CHS Inc. to the rail park in the amount equal to the taxes paid by CHS that are above their existing tax burden. This has been part of the initial funding package discussed amongst the parties and is now being formalized since we are nearing completion of the rail park and the relocation of the tenants. The term of the MOU is for 20 years from the first payment to FCEDA. However, the TEDD will expire after 15 years unless an approved project in the development plan is bonded with revenues pledged from the TEDD. As such, there is a prepayment clause included to aid in the fulfillment of the obligation should the TEDD expire. The Urban Renewal Agency reviewed this Memorandum of Understanding with FCEDA at its most recent meeting and is in concurrence with it moving forward. FISCAL IMPACT: The funds that will be paid to FCEDA will be based on the new taxes generated by their respective portion of the project, the CHS relocation. It does not include the taxes that are being paid into the TEDD from CHS (base amount) that are equal to the amount they currently pay ($104,000). This base amount that is not subject to payment to FCEDA will also increase 2% per year. ALTERNATIVES: Council may reject the MOU with FCEDA or request different parameters than those that have been previously discussed and incorporated into the MOU as desired. RECOMMENDATION: It is recommended that the City Council move to approve the attached Memorandum of Understanding between the City of Kalispell and the Flathead County Economic Development Authority. ATTACHMENTS: Memorandum of Understanding with FCEDA