* 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-