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- AGENDA MEMO -
TO: Mayor and Members of Council
FROM: Bruce Williams, City Manager
RE: Council Agenda for July 10, 1995
AGENDA APPROVAL
Agenda Item 2-Council Minutes
Included in your packet are the minutes from your regularly
scheduled Council meeting of Monday, June 19, 1995.
Agenda Item 3-Approval of Claims
The schedule of claims to be paid on Tuesday, July 11, 1995,
have been prepared and available for Council to review. I have
reviewed the claims presented amounting to $326,106.84 and
recommend their payment.
ADDRESSING THE COUNCIL
None scheduled.
f
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward If
Dale Haarr
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
F
ORDINANCES & RESOLUTIONS
Agenda Item 5-Ordinance 1228-Salary-Police/Fire-lst Reading
The purpose of this ordinance is to update the salary ordinance to
include the new salaries for the police and fire bargaining unit
members and also the previously negotiated salaries for our AFSCME
members. As you are aware, we have negotiated a tentative labor
agreement with both the police and fire associations, which I will
be asking you to approve later in this agenda.
Agenda Item 6-Resolution 4217-Adopt, Revise, or Reject Stillwater
River/Shady Lane -Master Plan Amendment
William Lincoln is requesting an amendment to the Kalispell
City/County Master Plan on his property located on the north side
of Conrad Drive east of the Stillwater River. The requested
amendment would change the land use designation from Suburban
Residential (0-2 dwelling units per acre) to Urban Residential (2-8
dwelling units per acre). Mr. Lincoln's request was originally
limited to his 50 acre tract of land, but was expanded by FRDO to
include another 190 acres of property located from the Stillwater
River to Shady Lane, and from Conrad Drive south to Highway 2 and
35. The Planning Board held a public hearing considering this
request with one person speaking in support of the proposal and 18
speaking in opposition.
The Planning Board has recommended rejection of the proposed
amendment, and staff concurs with this recommendation.
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Agenda Item 7-Resolution 4218-Hird Annexation
This is a request for annexation of a parcel of land containing
approximately .5 acre located 150 feet east of 5th Avenue East and
1,000 feet south of 18th Street East. The applicant has also
petitioned for a zoning classification of RA-1. This annexation
request was prompted by the creation of the 5th Avenue East Sewer
SID. The Planning Board recommends the property be zoned RA-1 upon
its annexation. Staff agrees with the Board's recommendation and
further recommends that Council adopt the resolution annexing the
parcel into the City of Kalispell.
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Agenda Item 8-Resolution 4219-Boller Annexation
This resolution is a request for annexation of a parcel of land
containing 18,300 square feet located approximately 150 feet east
of 5th Avenue East and 400 feet south of 14th Street East. This
annexation request was also prompted by the 5th Avenue East Sewer
SID. The Planning Board recommends an RA-1 zoning classification
upon annexation. Staff concurs with the Board's recommendation for
zoning and further recommends that Council adopt the resolution
annexing the parcel into the city.
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Agenda Item 9-Resolution 4220-Myren Annexation
This resolution provides for the annexation of a 1.4 acre parcel
located on the northwest side of Kalispell, 110 feet west of
Garland Street approximately 900 feet north of Three Mile Drive.
The zoning classification is proposed to be R-3. The Planning
Board recommends the R-3 and staff agrees. Staff is also
recommending that Council adopt the resolution annexing the parcel
into the city.
Agenda Item 10-Resolution 4221-Fairway Boulevard Phases VI, VII and
VIII
This resolution completes the annexation of the Fairway Boulevard
subdivision. Phases I-V were previously annexed as part of an
agreement reached with the property owners affected by the original
annexation. Phases VI, VII and VIII were not a part of the
original annexation, because at the time they were not final
platted. Since they are now final platted and being built upon,
the property owners in phase I-V have asked that the city initiate
annexation so that all phases of the subdivision fall within the
city jurisdiction for city service purposes. The intent of the
resolution is to annex phase VI, VII, and VIII, which will complete
the annexation of Fairway Boulevard. It is the recommendation of
the Planning Board to assign the property an R-3 zone and staff
agrees. Further, staff recommends the adoption of the resolution
allowing for the annexation of this property in the city.
BUSINESS FROM MAYOR & COUNCIL
Agenda Item 11-Board Appointments
Mayor Rauthe will have recommendations for appointments to the
Board of Adjustments, City/County Planning Board, and the Parking
Commission. At this time, the Mayor is still reviewing the
applicants who have expressed an interest in serving on the Airport
Advisory Board.
BUSINESS FROM MANAGER
Agenda Item 12-Flathead Industries CUP
This is a request by Flathead Industries for a conditional use
permit to allow a 7-unit apartment complex on properties located at
217 and 229 4th Avenue West. The property is properly zoned RA-2
High Density Residential. 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 request with nine
conditions. Staff agrees with the Planning Board's recommendations
and requests Council's favorable consideration.
Agenda Item 13-Northwest Montana Mental Health CUP Amendment
As you are aware, your decision to grant a conditional use permit
to Western Montana Mental Health Center to operate a community
residential facility at 1225-2nd Avenue East has resulted in a
lawsuit alleging the city's requirement that WMMHC staff
Independence House on a 24-hour basis violates state and federal
anti -discrimination laws.
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At your work session of June 26, 1995, you discussed this issue and
concluded that it would be in the city's best interest to amend
condition number 2 of the CUP by striking the following language:
"The community residential facility herein authorized shall provide
on -site resident care on a twenty-four hour a day basis." The
amended condition 2 will read, "This conditional use permit is
approved in accordance with MCA Title 76, Sections 76-2-412; and
76-2-411(1), which states that this is to be "a community group
home for the developmentally, mentally, or severely disabled
persons which does not provide skilled or intermediate nursing
care." Any deviation or modification of this permit will require
an amended/new conditional use permit.
Agenda Item 14-Police/Fire Labor Contracts
I previously discussed with you the recently negotiated labor
contracts with our police and fire bargaining units. The two
contracts are very similar with regard to settlement; 1) both are
three year contracts; 2) both call for salary increases of 3% each
of the three years or the CPI-U western edition, whichever is
greater; 3) both require the city to pay for physicals of its
members not covered by our insurance; 4) the fire contract
recognizes for the first time the value of EMT -I and Paramedic
status by paying certification pay for those members holding these
certifications; and 5) the police contract authorizes $50.00 per
month for those members required to carry pagers.
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It is my recommendation that Council ratify the contracts and allow
the City Manager to sign them on behalf of the city.