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* Agenda & MemoAGENDA REGULAR CITY COUNCIL. MEETING 7:00 P.M. MONDAY COUNCIL CHAMBERS - CITY HALL December 21, 1998 ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval A. Council Minutes - Regular Meeting December 7, 1998 B. Approval of Claims per Payables Register $375,998.10 2. Hear the Public (Please see the back of Agenda for Manner of Addressing the Council) 3. Ordinance 1296 - Zoning Text Amendment - 2nd Reading 4. Resolution 4440 - Cra-Lon Annexation 5. Resolution 4441 - Cra-Lon Preliminary Plat 6. Ordinance 1297 - Cra-Lon Zoning of R-3 - 1 st Reading 7. Ordinance 1298 - Stanley Pine Zone Change from RA-1 to RA-3 - 1 st Reading 8. Resolution 4439 - Budget Transfer - Youth Athletic Complex 9. Obsand Addition # 107 Final Plat 10. Evergreen Hook -Up Request - Andrew Farris 11. Authority to Bid - Central School Landscaping, Drainage and Parking Lot 12. Award Bid - Ambulance 13. Award Bid - Loader Backhoe 14. Appointment - Conrad Mansion Board 15. Appointments - City -County Planning Board 16. City Manager Selection 17. Council Comments/Wormation/Questions (no action) 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. FOR YOUR INFORMATION NO Council Work Session December 28, 1998 Next Regular Council Meeting - January 4,1 999 Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, Clerk of Council at 758-7756 N AGENDA MEMORANDUM December 21, 1998 TO: Mayor and City Council FROM: Glen Neier, City Attorney Agenda Item No. 1. Consent Agenda - Inc uded in your packet is the Consent Agenda, consisting of the following: A) The Council Minutes of the Regular City Council Meeting of December 7, 1998 is included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $375,998.10 is included for your review and approval. Agenda Item No. I. Hear the Public Agenda Item No. 3. Ordinance No. 1296 -- Zoning Text Amendment -- Allowing Garages in Front Yard - Second Reading 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. The Kalispell City -County Planning Board and Zoning Commission considered the request at its November loth meeting. The Commission unanimously adopted FRDO Report #KZTA-98-3 as its findings of fact and recommended adoption of the amendment. After discussion at the December 711 meeting the Council adopted first reading of Ordinance No. 1296. Passage of Ordinance No. 1296, 2" reading will complete the process and allow implementation of the policy. i s \xn\agenaamemo post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 Aenda Item No. 4. Resolution No. 4440 - Cra-Lon Addition - Annexation Cra-Lon Corporation has requested annexation of a tract of land located near the corner of Sylvan Drive and College Avenue. All City services, sewer, water, etc. are available within the right-of-way abutting the property. The proposed annexation lies within and conforms to the Kalispell City - County Master Plan. Issues involving zoning and subdivision of this tract and adjacent property are discussed below under the appropriate headings. A motion to adopt Resolution No. 4440, annexing the Cra-Lon property should be made, and passed by the City Council. Agenda Item No. S. Resolution No. 4441 - Cra-Lon Preliminary Plat Cra-Lon Corporation also made an application to subdivide two Assessor's Tracts, 2BA and 4CA into four (4) lots. One of the tracts, 4CA, was the subject of annexation under- Agenda Item No. 4. FRDO Staff Report # KSR-98-3 discussed several issues related to the proposed subdivision. Depending on the zoning applied to the property, Lot 1 does not meet the minimum lot standards required by the Zoning Ordinance. Further, a low area occupies a substantial portion of Lot 3 and over '-i of Lot 4. There is at least an argument that the low area is a wetland protected under the Clean Water Act. The right-of-way along the street perimeter of the property needs to be enlarged and improved to accommodate additional traffic generated by the development. Finally, the Workshop packet from December 14, 1998 contained a memo from Amy Robertson, noting that Cra-Lon property has benefitted from the installation of sewer utilities to the site, per SID-337. Ms. Robertson's memo indicates that the charges, although proposed to be assessed against Cra-Lon, could not be assessed because Cra-Lon was located outside the City. This office after reviewing the matter would propose charging Cra-Lon $2,902 as a condition of final plat, for infrastructure improvements constructed under SID 337. Passage of Resolution No. 4441 will allow Cra-Lon to proceed toward final subdivision of the property, subject to the conditions contained therein. Agenda Item No. 6. Ordinance No. 1297 - Cra-Lon Zoning - R-3 First Reading. Cra-Lon corporation also made an application to zone the property subject to annexation and subdivision, Low Density Residential Apartment, RA-1. FRDO Report KA-98-6 was adopted by the Kalispell City County Planning Board and Zoning Commission as the findings of fact after being amended by the 2:\wp\agendamemo -2- Commission. The Commission recommended Single Family Residential, R-3 for the annexed property. Ordinance No. 1297 reflects the action of the Kalispell City -County Planning Board and Zoning Commission, and a motion to adopt said Ordinance is in order. Agenda Item No. 7. Ordinance No. 1298 - Stanley Pine Zone Change -- RA-1 to RA-3. Stanley Pine has made an application to re -zone certain real property located near the intersection of U.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 family residences on the North, East and West, and borders the Buffalo Commons "common area" to the South. FRDO Report KZC-98-4, recommending approval of the zone change, was adopted by the Zoning Commission and a recommendation passed unanimously. Ordinance No. 1298, implements the requested change, and may be passed by the Council. Agenda Item No. 8. Resolution No. 4439 - Budget Transfer - Youth Athletic Complex Included in your packet is a memo from Mike Baker discussing the cost of future development of the KYAC. The memo sets forth the estimated costs associated with paving Four Mile Drive, the Soccer Parking Area and the Ballfield Loop Road. Paving Four Mile Drive prior to utilization of the Soccer Fields is a condition of the State Lands Lease, and must be paved prior to utilizing -the Soccer Fields in the Fall of 1999. The interior roads and parking areas may be dust coated, and need not be paved in the immediate future. The Parks Department may be requesting funding to pave Four Mile as part of the 1999-2000 budget. The second part of the memo deals with a request to utilize $14,928.00 to purchase irrigation equipment for the Soccer Fields. The funding for the KYAC came from the Airport Tax Increment District. Although the KYAC complex_ cost, less than anticipated, funds available under the"' District` are not sufficient to fund the increase without a budget transfer. Further, an incorrect carry-over balance gave the appearance of an excess of funds available. A public hearing on the matter is not required because we are not increasing the appropriation. Resolution No. 4439 will provide a mechanism to provide additional funding for KYAC by transferring funds from the traffic signal at Rosauers, and properly account for the carry-over. I:\wp\agendamemo -3- Agenda Item No. 9. Opsand Addition - Final Plat In February, 1996 the City Council conditionally approved the Preliminary Plat of Lot 1, Opsand Addition. Opsand Addition is located near the intersection of Garland and Three Mile Drive. All conditions required in the Preliminary Plat have been met. A motion to approve the Final Plat for Lot 1, Opsand Addition should be made and approved by the Council. Agenda Item No. 10. Evergreen Hook -Up Request - Andrew Farris At the December 14t' Workshop Session the Council discussed a request by Andrew Farris to connect a 47 single family lot subdivision to the Evergreen Sewer and Water District's sewage collection system for treatment by the City of Kalispell. The property proposed to be connected to the sewer is North of East Reserve Drive. Under the City's inter -local Agreement with Evergreen, no connections outside the District's boundaries may be made without City consent. The property subject to the request is several miles from the City limits and outside the service area boundaries of the City's facility plan. It is my understanding that Evergreen has consented to the connection pending City action. The consensus of the Council was to deny the request, with a direction to develop a policy of future requests. The Council should by motion either grant or deny the request of Mr. Farris. Agenda Item No. 11. Authority to Bid -- Central School Landscaping, Drainage, and Parking Lot At the Council Workshop of December 141h, Susan Moyer informed the Council that she had received plans and specifications from SiteScape and Associates for the construction of a parking lot with amenities on the North Parking lot of Central School. I believe the estimated cost was in the neighborhood of $53,000.00. The Council made some comments which will be related to Mr. Lutz at SiteScape. Ms. Moyer would like to proceed with bidding the project shortly after the holidays, and is requesting Council authority to bid the project when aay final arrangements can be made. A motion authorizing a call for bids on the Central School Parking Lot should be made and passed by the Council. Agenda Item No. 12. Award Bid - Ambulance The City Ambulance Department recently received bids for a new module ambulance. Braun Northwest, Inc. was the lowest bidder with a bid of $63,908.00. The Fire Chief has recommended awarding the bid to Braun. A motion should be made and passed authorizing the award of a contract to Braun Northwest, Inc. I:\wp\agendamemo -4- Agenda Item No. 13. Award Bid - Loader Backhoe Several weeks ago the City received bids for a backhoe for the Sanitary Sewer Division. Included in your packet is a memo documenting the bid tabulations from Jim Hansz, Director of Public Works. Long Machinery was the low bidder with a CAT 416 at $51,806.00. The Public Works Department has recommended awarding the bid to Long. A motion should be made and passed authorizing the City to enter into a contract with Long Machinery for the backhoe. Agenda Item No. 14. Appointment - Conrad Mansion Board Gail Vidal, a member of the Conrad Mansion Board, has expressed an interest in being re -appointed to the Board. Her term is due to expire with the New Year. A motion to approve Ms. Vidal's re -appointment for another term is in order. Agenda Item No. 15. Appointment - City -County Planning Board The City is entitled to an appointment on the City County Planning Board and Zoning Commission. Four individuals: David Logan, Don Mann, John Parsons, and Jean Johnson have applied for the position. The Mayor, I understand, will be making a recommendation for the appointment at Monday's meeting. Agenda Item No. 16. City Manager Selection The Council may wish at this time to discuss further action on the selection of the City Manager. Instructions as_ to the parameters of any offer to be made should be discussed, if appropriate. Agenda Item No. 17. Questions and Comments from the Council. I:\wp\agendamemo -5- me" Cl�ristw�as! ANY • . 'We've ared then, to drek the hays, but the rrsoluZion to be jolly has been tabled. " This message l7as bee" brought to How bti tiour faithftol Clerk & Pebbler of Goob Clicer