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* AgendaAGENDA REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval A. Council Minutes - Regular Meeting December 21, 1998 B. Approval of Claims per Payables Register $193,557.58 7:00 P.M. MONDAY JANUARY 4, I "If 2. Hear the Public (Please see the back of Agenda for Manner of Addressing the Council) 3. PUBLIC HEARING Master Plan Amendment Request - Bill Lincoln 4. Resolution 4442 - Resolution Adopting a Proposed Amendment to the City -County Master Plan. Resolution 4442A - Resolution Rejecting a Proposed Amendment to the City -County Master Plan 5. Resolution 4443 - American Land and Development, Inc. Annexation Ordinance 1299 - Initial Zoning of R-2 - 1 st Reading 6. Ordinance 1297 - Cra-Lon Zoning of R-3 - 2nd Reading 7. Ordinance 1298 - Stanley Pine Zone Change from RA-1 to RA-3 - 2nd Reading 8. Ordinance 1300 - Street Maintenance Adjustment - 1 st Reading 9. Ordinance 1301 - Universal Building Code, et al. 10. Council Comments/Information/Questions (no action) FOR YOU INFORMATION Council Workshop,, January, 11;:1,998 at 7:00 p:m. Holiday - Martin Luther King,:Jr Day - January 18,1998 Next Regular Meeting - January 19," 1998 at 7:00 p.m. ADMINISTRATIVE CODE adopted July 1, 1991 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. Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, Clerk of Council at 758-7756 AGENDA MEMORANDUM January 4, 1999 TO: Mayor and City Council FROM: Glen Neier, City Attorney Agenda Item No. 1. Consent Agenda - Included in your packet is the Consent Agenda, consisting- of the following: A) The Council Minutes of the Regular City Council Meeting off December 21, 1998 is included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $193,557.58 is included for your review and approval. Agenda Item No. 2. Hear the Public Agenda Item No. 3. Public Hearing - Master Plan Amendment - Bill Lincoln William Lincoln, the owner = certain property located adjacent to Conrad Drive, has r,.a-a_ application to amend the land use designation for sai: property from "open space" suburban residentia-, and transi_ional, to Resort Commercial. The Kalispell City -County Planning Board held a public hearing on the proposed amendment at its October 20, 1998 meeting. After the public hearing was cam.___--:ed the Planning Board adopted the FRDO staff Report ?IPA-98-2 as the findings of fact and recommended denial of the plan amendment. Information on the proposed amendment has been previously supplied. The Council passed a Resolution of Intent at the December 7=- meeting. January 4:-, 1999 has been set and noticed as the time and place for a hearing on amendment. Public comment should be received by the Council at this point in the meeting. 59903-1997 n Montana Telephone\ • 7700 FAX \• 1,fi`.ms„. Agenda Item No.-4_. Resolution No. 4442_ - Resolution Adopting a Proposed Amendment to the City -County Master Plan Resolution No. 4442 - Resolution Rejecting a Proposed Amendment to the City -County Master Plan Subsequent to the conclusion of the Public Hearing the Council may wish to discuss the issues presented, and if deemed appropriate pass one of the above -referenced Resolutions. Resolution No. 4442 adopts the proposed amendment to the Master Plan and No. 4442A rejects the proposed amendment. Agenda Item No. 5. Resolution No. 4442 - American Land and Development, Inc. Annexation American Land and Development, Inc. has made an application to annex and zone certain real proper- located along Willow Glen Drive at Kelly Road. The property comprises approximately 28.91 acres totally within a subdivision knc-wrn as Willowbrook. Willowbrook is within the area of the Kalispell Extension of Services Plan and a mini -extension of services plan has been prepared and included in your packet as part the of the proposal. No special funding strategies are anticipated as the developer has assumed all infrastructure obligations. The annexation will eventually result in 87 single-family homes added to the City stock. The subject property is located within and conforms to the Kalispell City -County Master Plan. A motion should be made and passed to approve Resolution No. 4442 annexing -the property. Ordinance No. 1299 - American Land and Development, Inc. - Zoning The property annexed under Resolution No. 4442 is currently zoned One Family Residential (R-3) under the Flathead County Zoning Regulations. The surrounding property is generally zoned residential, with the exception of the County Shops located North of the property, which is zoned Public. In order to conform to the Kalispell Zoni.^.g Ordinance the property needs an attached City zone which is Residential (R-�_ 3) which provides for single-family dwellings of at least 9600 square feet. The City County Planning Board and Zoning Commission recommended R-3 for the subject property, and a motion should be made and passed approving ordinance No. 1299, zoning the property Residential (R ?) I:\wp\agendamemo -2- Agenda Item No. 6. Ordinance No. 1297 - Cra-Lon Zoning - R-3 Second Reading At the Council Meeting of December 215, 1998 the City Council approved zoning certain real property located on College Avenue and Sylvan Drive Residential (R-3) in accordance with the Kalispell City County Planning Board and Zo-.:-. CoT--:=sign recommendation. Ordinance No. 1297 reflects the action of the Kalispell City -County Planning Board and _Zoning Commission, and the action of the City Council, and a motion to adopt said Ordinance, second readi.na, is in order. Agenda Item No. 7. Ordinance No. 1298 - Stanley Pine Zone Change -- RA-1 to RA-3 -- Second Reading Stanley Pine has made an application to re -zone certain real property located near the intersection of J.S. #93 North and Indian Trail from Low Density Residential Apartment, RA-1 to Residential Apartment Office, RA-3. The site is generally adjacent to single farm= residences n the North, East and West, and borders the B_:ffaio Commons "ccmmon area" to the South. FRDO Report KZC-98-4, recommending approval of the zone change, was adopred by the Zoning Commission and a recommendation passed unanimously. The Cour_cil at its December 21-9t, 1998 meeting approved first reading of Ordinance No. 1298. A motion to adopt second reading of Ordinance No. 1298 should be made and passed by the Council. Agenda Item No. 8. Ordinance No. 1300 -- Street Maintenance Adjustment — First Reading At the Council Workshc - on November 23=', 1998, the Council discussed adjusting the Special Stree= Maintenance District Ordinance to allow fcr a reduction of assessments for individuals when the _s_essment is _--ger than the henef__ they derive from the serv=ce. The City has similar provisions in the Storm Sewer Ord'_- ance, which allc S for adjustments upon application to the Council. jim Hansz, Director of Public Works, has draf--ed a memo, included in your packet, which discusses proposed language amending Ordinance No. 1135. Ordinance No. 1300 i.nccrporates the language suggested by Hansz and will provide a remedy for individuals who are unreasonably assessed. a motion should be made and passed to adopt Ordinance No. 13C-, first reading. Agenda Item No. 9. Ordinance No. 1301 - Building Code, et al Adoption — First Reading I:\wp\agendamemo -3- The Montana Department of Commerce, Building Codes Division has adopted various -uniform Codes applicable to building within the State of" Montana. the City of Kalispell if it desires to retain its building enforcement system must adopt the Codes adopted by the Building Codes Division_. Crdir_ance No. 1301 adopts the various Codes enforced within: the Kalispell jurisdictional area. The City's fee schedule will remain as established pursuant to Ordinance No. 1291. A motion should be made and passed approving Ordinance No. 1301, first reading. Agenda Item No. 10. Council action) Comments/Information/Questions (no I:\wp\agendamemo -4-