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Agenda MemoTelephone (406) 752-6600 FAX (406) 752-6639 Post Office Box 1997 Zip 59903-1997 110(!�� O �jllgl Incorporated 1892 - AGENDA MEMO - TO: Mayor and Members of Council FROM: Bruce Williams, City Manager RE: Council Agenda for April 4, 1994 CONSENT AGENDA Agenda Item 1-Council Minutes Included in your packet are the minutes from your regularly scheduled Council meeting of March 21, 1994. Approval of Claims The schedule of claims to be paid on Tuesday, April 5, 1994, have been prepared and available for Council to review. I have reviewed the claims presented amounting to $94,275.99 and recommend their payment. ADDRESSING THE COUNCIL None scheduled. Douglas Rauthe Mayor Bruce Williams City Manager City Council Members: Gary W. Nys4ul 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 2 ORDINANCES & RESOLUTIONS Agenda Item 2-Ordinance 1205-H-1 Zone-2nd Reading The City of Kalispell has requested the rezoning of approximately 70 acres of property generally located on the east side of U.S. Highway 93 between Heritage Way and Crestline Avenue. (Map included in packet) The subject properties are currently zoned R-3 (Urban Single Family), RA-1 (Low Density Residential Apartment), RA-3 (Residential Apartment office), and B-3 (Community Business). Our request is to change these zones to H-1 (Health Care). The Planning Board held a public hearing on this request and is recommending that Council adopt the H-1 Zone for all parcels except the one B-3 Zone which is being excluded until a neighborhood plan for the area can be completed. Staff concurs with the Planning Board's recommendation. Agenda Item 3-Ordinance 1206-Yachechak Zone Change-lst Reading The City has been requested by Ken Yachechak to consider a zone change for approximately .8 acres he owns from B-2 (General Business) to I-1 (Light Industrial). The property is located generally 400 feet south of U.S. Highway 2 and east of Meridian. The Kalispell Master Plan designated this area as Light Industrial and anticipates industrial uses. The surrounding uses are also compatible with the proposed I-1 zone. The Kalispell Planning Board held a public hearing on this request with only the applicant providing testimony. 3 The Planning Board unanimously recommends this zone change request and Staff concurs with the recommendation. Agenda Item 4-Ordinance 1207-Zoninq Ordinance Text Amendment to the B-1 Zone -1st Reading The City has been requested by Doug Johns of Mountain Paging Network to amend the text of the B-1 zone. The B-1 zone does not currently allow telecommunication companies and/or radio common carriers with ancillary antennas as permitted or conditional uses. Mr. Johns is interested in moving his paging business to 13 East Oregon Street, which is zoned B-1. The issue involves allowing this type of use with an antenna in the B-1 zone. The applicant has requested that telecommunication companies and/or radio common carriers with ancillary antennas be permitted as a conditional use. The Planning Board considered the applicant's request following a public hearing where no one spoke in opposition. The Board's recommendation on a 4-3 vote is to allow telecommunication companies and/or radio common carriers with ancillary antennas as a conditional use in the B-1 zone. During your work session of last week the request received considerable discussion which concluded with a directive to modify the language approved by the Planning Board to restrict the height and size of antennas allowed as conditional use in the B-1 zone. 4 Ordinance 1207 includes the modified language and reads "telecommunication companies and/or radio common carriers with ancillary antennas with mono -pole design and a base not to exceed 12 inches and a total height not to exceed 70 feet". Agenda Item 5-Resolution 4147-Intent to Annex Evergreen The purpose of this resolution is to establish the City Council's intent to annex certain property described in Exhibit "A" and more commonly known as the Evergreen commercial strip. It is the City's intent to annex the property to the city limits under the provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated (annexation of contiguous land). The resolution includes 6 specific sections that outlines the process to be followed if Council approves the resolution. Acrenda Item 6-Resolution 4148-Amend Master Plan The City has received a request from Dennis Carver to amend the Kalispell City/County Master Plan by changing the designation of approximately 250 acres from Suburban Residential (0-2 dwelling units per acre) to Urban Residential (2-8 dwelling units per acre). The general location of the property is southwest of town, east of the B.N. Railroad right of way, west of Airport Road, and south of Sunnyside Drive. The Planning Board held a public hearing on the request and has forwarded a favorable recommendation to Council. 5 Last meeting you recall adoption of Resolution 4146, which established Council's intent to adopt, revise or reject the Planning Board's recommendation. Resolution 4148 adopts the findings and recommendation of the Planning Board which amends the Master Plan by changing the land use designation of the property previously discussed from Suburban Residential to Urban Residential. It is Staff's recommendation that council adopt the resolution as submitted. BUSINESS FROM MAYOR & COUNCIL Agenda Item 7-Proclamation _ Mayor Rauthe will be declaring Public Radio Week April 9-17th. The proclamation is included in your packet. BUSINESS FROM MANAGER Aaenda Item 8-Mountain Paging -Conditional Use Permit Doug Johns has applied to the City for a conditional use permit to construct a mono -pole antenna, ancillary to a telecommunications office he wishes to open at 13 East Oregon Street. Assuming you approved Ordinance 1207, it is reasonable and recommended that you approve Mr. Johns request for a conditional use permit subject to 4 conditions. 0 Agenda Item 9-Three Mile Farm -Preliminary Plat Request We are in receipt of a letter from attorney Thomas Bostock requesting on behalf of his client a two-year extension to the Three Mile Farm Country Townhomes preliminary plat. The request is not unusual, however previous requests considered by this Council have only been for one year. It is my recommendation therefore that Council grant a one year extension for the Three Mile Farm Preliminary Plat to August 16, 1995. Agenda Item 10-Notice Ordering Construction of Curbing At your work session of last week we discussed the need to install curb and gutter along 18th Street from 3rd Avenue East and 5th Avenue East. Staff has prepared the construction estimate per each property owner to be assessed. Total cost for curb and gutter will be approximately $8,729 to be assessed on a lineal foot benefit basis. If Council is interested in ordering in the curb and gutter we will need Council to do so by motion.