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* Agenda & MemoAGENDA REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval A. Council Minutes - Regular Meeting November 16, 1998 B. Approval of Claims per Payables Register $290,939.81 7:00 P.M. MONDAY December 7, 1998 2. Hear the Public (Please see the back of Agenda for Manner of Addressing the Council) 3. Resolution 4436 - Resolution of Intent to Amend Master Plan - Bill Lincoln 4. Resolution 4437 - Re -Awarding of Bid - Lots 12 & 13 - Teton Terrace Resolution 4438 - Re -Awarding of Bid - Lots 14, 15 & 16 - Teton Terrace 5. Authority to Bid - Two Lots in South Woodland - Two Lots in Teton Terrace 6. Ordinance 1296 - Zoning Text Amendment - Bob Cook 7. Conditional Use Permit - Northwest Health Care - Temporary Office Building 8. Union Contract Approval - Firefighters Association 9. Confirmation - Police Officer Anthony McDonnell 10. Award Bid - Compact Utility Tractor 11. Council Comments/Information/Questions (no action) FOR YOUR INFORMATION Next Council Work Session - December 14, 1998 - 7:00 p.m. Next Regular Council Meeting - December 21, 1998 - 7:00 p.m. Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, Clerk of Council at 758-7756 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 persons 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. AGENDA MEMORANDUM December 7, 1998 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 of November 16, 1998 is included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $290,939.81 is included for your review and approval. Agenda Item No. 2. Hear the Public Agenda Item No. 3. Resolution No. 4436 -- Resolution of Intention to Amend Master Plan William Lincoln, the owner of certain property located adjacent to Conrad Drive, has made an application to amend the land use designation for said property from "open space", suburban residential, and transitional, 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 concluded the Planning Board passed a motion to adopting FRDO staff report KMPA-98-2 as the findings of fact and recommended denial of the proposed amendment. Lincoln's application, the FRDO report, written comments, and Planning Board minutes were supplied to the Council at the November 23, 1998 workshop. I have included in your packet a Resolution of Intention to Adopt, Revise or I:\wp\agendamemo -I- Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 IMEMEMENE Reject a Proposed Amendment to the Kalispell City -County Master Plan. Said Resolution announces an intention of the Council to consider passage of a final resolution of the proposed amendment at a meeting to be held on January 4`�, 1999. Once the Resolution of Intention is passed this office will cause to be published notice of the meeting in accordance with Montana law and past City practice and eventually prepare a final resolution for Council action. A motion to pass Resolution No. 4436 will set the stage. A_aenda Item No. 4. Resolution No. 4437 and Resolution No. 4438 - Re -awarding of Bids on Five Lots in Teton Terrace Susan Moyer received proposals on the sale of five (5) lots within the Teton Terrace Subdivision on Friday, November 13, 1998. The sale of these lots was part of the continuing effort of the City to develop housing opportunities for low to moderate income people within the City. The Council passed Resolution No. 4434 which authorized the sale of the property to Hewitt Construction. Hewitt Construction, subsequent to the award, was deemed to be unable to properly complete construction, and we terminated our relationship. Timberland Construction also submitted a bid on the project and agreed to undertake and complete construction on Lots 14, 15, and 16. Pacific Homes and Land, Inc. submitted bids on Lots 12 and 13 and agreed to take the place of Hewitt. The contracts with Timberland and Pacific will result in an increase in the value of the zero interest deferred mortgage, ultimately to be recaptured by Glacier Affordable Housing. Resolution No. 4437 authorizes the sale of Lots 14, 15, 16, Teton Terrace to Timberland Construction. Resolution No. 4438 authorizes the sale of Lots 12 and 13, Teton Terrace to Pacific Homes and Land. The Council should by separate motion pass both Resolutions. Aaenda Item No.5. Authority to Bid Additional Lots in Teton Terrace and South Woodland Susan Moyer is in a position to market two more lots in Teton Terrace and South Woodland, respectively. We do need Council approval to advertise the lots for building under the affordable housing program. Once these lots are sold we will have 12 lots remaining in Teton Terrace and 13 lots in South Woodland. I:\wp\agendamemo -2- Agenda Item No. 6. Ordinance No. 1296 - Zoning Text Amendment - Allowing Residential Garages to be Located in Front Yard. The Kalispell Zoning Ordinance, § 27.22.020 (3)(a) currently provides: Accessory use restrictions. The following is a list of restrictions on accessory uses and structures: a. No accessory structures except fences wall or hedges shall be constructed in any front yard. . . . Mr. Bob Cook has made a request to change the Section to allow the location of residential garages in the front yard when the lot does not abut an alley. Documents relating to the request have been included in your packet. The Kalispell City -County Planning Board and Zoning Commission considered the request at its November 10z" meeting. The Commission unanimously adopted FRDO Report *KZTA-98-3 as its findings of fact and recommended adoption of the amendment. Ordinance No. 1296 reflects the recommended action by the Commission. Agenda Item No. 7. Conditional Use Permit - Northwest Health Care - Temporary Office Building Northwest Health Care has made a request for a Conditional Use Permit to utilize a portion of the parking.lot at the Health Promotion Center for up to three years. Northwest intends on building a new Home Options facility to replace the current building which does not meet Building or Fire Code. The modular budding will be custom built as a medical office facility. FRDO Report * KCU-98-9 contained five conditions, one of which required a three foot high "relief screen" on the highway side of the property. The Kalispell City -County Planning Board and Zoning Commission deleted the fourth condition, otherwise adopting the FRDO report and passed on a recommendation to grant the CUP on a 3-2 vote. The CUP contained in your packet contains all conditions recommended by the Commission. A motion to grant the CUP for Northwest Health Care's Home Options program is in order. Agenda Item No. 8. Union Contract Approval - Firefighter's This office has previously communicated with Council as to the deal points and salary increases negotiated with the Local No. 547 of the J'AFF. We are hopeful that we will be able to provide the Council with a draft copy of the completed I:\wn\agendamemo -�- Agreement over the weekend or on Monday. Local No. 547 has notified this office that their membership voted to ratify the Agreement based upon previous TA's and the mediator's notes. Council adoption of the Agreement will be appreciated. Agenda Item No. 9. Confirmation of Police Officer - Anthony McDonnell Patrolman Anthony McDonnell recently completed his one year probationary period. Included in your packet is a letter from Frank Garner recommending confirmation of the appointment by the Council, as required by State law and City policy. The Council should by motion confirm City appointment of Officer McDonnell. Agenda Item No. 10. Award Bid - Compact Utility Tractor The City recently advertised for a compact utility tractor for the garbage department. Triple W Equipment was the only bidder, bidding a John Deere meeting the specifications for $41,375.00. Jim Hansz' memo and accompanying documents are included in your packet. This office recommends awarding the bid and authorizing a contract with Triple W. Agenda Item No. 11. Questions and Comments from the Council. I:Wp\agendamemo -4-