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* Agenda & MemoA G E N D A REGULAR CITY COUNCIL MEETING 7:00 P.M. MONDAY COUNCIL CHAMBERS -CITY HALL MAY 16, 1994 ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Council Minutes -Regular Meeting April 2, 1994 Approval of Claims per Payables Register PUBLIC HEARING 2. Evergreen Annexation In lieu of the Evergreen Annexation a Minute entry should be made regarding the disapprovals made by the majority of the resident freeholders. ADDRESSING THE COUNCIL ORDINANCES & RESOLUTIONS 3. Ordinance 1208-1st Reading -Zoning Ordinance Text Amendment - Medical Parking 4. Ordinance 1209-1st Reading -Zoning Ordinance Text Amendment - Allow -Community Residential Facilities in B-2 Zone 5. Resolution 4151-Authorize Allocation of Funds for Airport Road Apartment Complex BUSINESS FROM MAYOR & COUNCIL 6. Proclamations -Public Works Week Howard Fryett Day BUSINESS FROM MANAGER 7. Courtyard Apartments -Conditional Use Permit 8. Flathead Industries -Conditional Use Permit 9. Andrews -Conditional Use Permit 10. Reimann-Conditional Use Permit 11. Herron Development -Conditional Use Permit 12. Lake County Request 13. Bid Award Recommendations Depot Park Restrooms Sykes Phase III & 6th Avenue West North Project 14. City Attorney Evaluation STAFF REPORTS ADJOURN Telephone (406) 752-6600 FAX (406) 752-6639 Post Office Box 1997 Zip 59903-1997 eOaSe(11� KI Incorporated 1892 - AGENDA MEMO - TO: Mayor and Members of Council FROM: Bruce Williams, City Manager RE: Council Agenda for May 16, 1994 CONSENT AGENDA Agenda Item 1-Council Minutes Included in your packet are the minutes from your regularly scheduled Council meeting of May 2, 1994. Approval of Claims The schedule of claims to be paid on Tuesday, May 17, 1994, have been prepared and are available for Council to review. I have reviewed the claims presented amounting to $474,418.48 and recommend their payment. Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nysiul Ward I Cliff Collins Ward I Barbara Moses Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV E Agenda Item 2-Evergreen Annexation' As you are aware, we had originally scheduled a public hearing for this evening's meeting to receive public comment and protest concerning the Evergreen Annexation. Because we determined prior to the hearing that sufficient resident freeholder protest was made so as to halt the annexation, therefore, the hearing becomes unnecessary. In lieu of a hearing, City Attorney Neier suggests Council adopt a finding regarding the disapprovals made by the majority of the resident freeholder. Your packet contains the Neier memo which should be read into the record and passed upon by motion of Council. None scheduled. ADDRESSING THE COUNCIL ORDINANCES & RESOLUTIONS Agenda Item 3-Ordinance 1208-1st Reading -Zoning Ordinance Text Amendment -Medical Parking Standard Some time ago the City was approached by a group of physician developers who received a Conditional Use Permit from us to build a medical clinic located in our H-1 zone. 3 During the discussion phase of the CUP the applicants suggested that the City's parking standard for medical and dental offices particularly for those located in the H-1 zone might be excessive and asked -that we review our standard for possible down sizing. Our planning staff did research the issue to determine parking standards for this type facility in other Montana cities. They found that our standard of 1 space per 150 square feet of floor area was the highest standard among those surveyed. The average of those surveyed appears to be 1 per 200 square feet of floor area. The matter was referred to the Planning Board for hearing and recommendation. The change suggested by Staff is to reduce the standard for medical and dental offices in the H-1 zone from 1 per 150 square feet to 1 per 200 square feet. The standard of 1 per 150 square feet would remain for medical and dental offices outside the H-1 zone. The Planning Board voted in favor of recommending the text amendment to Council, and Staff concurs with this recommendation. Agenda Item 4-Ordinance 1209-1st Reading -Zoning Ordinance Text Amendment -Allowing Community Residential Facilities in a B-2 Zone Flathead Industries has submitted a request to amend our Zoning Ordinance to allow Community Residential Facilities in a B-2 Zone. The General Business District does not currently permit Community Residential Facilities. 4 The FRDO Staff report included in your packet defines Community Residential Facility. The Planning Board considered the issue and recommends that the zoning ordinance be modified to include Community Residential Facility for eight or fewer persons as a permitted use. Agenda Item 5-Resolution 4151-Authorize Allocation of Funds for Airport Road Apartment Complex The purpose of this resolution is to authorize the budget appropriation for two housing grants the City recently received. The grants include the $247,500 CDBG and the $300,000 Montana Home Grant. As you know, our Fiscal 94 budget did not include a provision for these grants, therefore requiring the passage of this resolution. BUSINESS FROM MAYOR & COUNCIL Agenda Item 6-Proclamations Mayor Rauthe will be proclaiming the week of May 15-21, 1994 as National Public Works Week. He will also be declaring by proclamation May 27, 1994 as Howard Fryett Day. 5 Agenda Item 7-Courtyard-Apartments-Conditional Use Permit The City of Kalispell has made application for a Conditional Use Permit to construct in partnership with Northwest Montana Human Resources a 32 unit apartment complex. The complex will be located on the west side of Airport Road approximately 600 feet south of 18th Street. The site is zoned RA-1 and contains about 2.25 acres. The CUP was the subject of a public hearing at the Planning Board with no one speaking in opposition. The Planning Board recommends the approval of the CUP with 8 specific conditions. The conditions are outlined in the CUP #KCU-94-95 included in your packet. Agenda Item 8-Flathead Industries -Conditional Use Permit Flathead Industries has applied to the City for a Conditional Use Permit to construct a community residential facility serving 8 people. The property is approximately 14,000 square feet in area, located on the east side of 4th Avenue West approximately 150 feet south of Center Street. The facility would be about 3,800 square feet in size. The Planning Board held a public hearing on the request and has recommended the approval of the CUP with 5 conditions. 6 Agenda Item 9-Andrews-Conditional Use Permit Rolland Andrews has applied to the City for a Conditional Use Permit to use a home located on property located on the northwest corner of Woodland Avenue and 6th Street East as a Bed and Breakfast. The site is zoned R-3. The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board recommends the approval of the CUP with 16 conditions. Agenda Item 10-Reimann-Conditional Use Permit Roger Reimann has applied to the City for a Conditional Use Permit to construct a six unit apartment complex located on the west side of College Avenue approximately 1,000 feet south of Conrad Drive. The Planning Board held a public hearing concerning this request and is recommending approval of the CUP with 9 conditions. Agenda Item 11-Herron Development -Conditional Use Permit Herron Development has applied to the City for a Conditional Use Permit to construct a bulk fuel storage facility located on property on the west side of 5th Avenue West North, west of the Kalispell Center Mall. Access to the site would be from 5th Avenue West North and 6th Avenue West North. The site is zoned B-5 and contains approximately 3.5 acres. 7 The Planning Board held a public hearing on the request with no one speaking in opposition. The Planning Board is recommending that Council approve the CUP with 9 conditions. Agenda Item 12-Draft Letter to EPA Concerning Confederated Salish and Kootenai Tribes EPA Request Included in your packet is draft letter requesting on behalf of the City that EPA deny the Tribe's request for status as a state for Clean Water Standard purposes. Agenda Item 13-Bid Award Recommendations -Depot Park Restrooms Sykes Phase III Public Works Improvements Included in your packet is memo from Mike Baker outlining the results of our recent bid opening for restrooms at Depot Park. As the memo indicates we had two bidders for the project. 1. Robert Ross $70,338 2. Native Way $60,169 As you are aware we have approximately $39,000 remaining in the budget for the restroom project. As we discussed previously we felt the bids would probably be considerably higher than our budget, and therefore if the bids were in the neighborhood of $60,000 that we would use some of our unallocated TIF money to supplement the budget. If you are still inclined I would suggest awarding the restroom bid to Native Way in the amount of $60,169 and allocate the additional budget requirement of $22,000 from the unallocated TIF line item. E We also opened bids for the Phase III Sykes Project including the paving of a portion of 6th Avenue West North. The bids are being evaluated at this writing and will have a recommendation for you Monday night. Agenda Item 14-City Attorney Evaluation You have scheduled time this evening to discuss the Council's evaluation of City Attorney Neier.