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* AgendaAGENDA REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS - CITY HALL ROLL CALL PLEDGE OF ALLEGIANCE AGENDA APPROVAL 1. Consent Agenda Approval A Council Minutes - Regular Meeting January 19, 1999 B. Approval of Claims per Payables Register $311,723.60 7:00 P.M. MONDAY February 1, 1999 2. Hear the Public (Please see the -back of Agenda for Manner of Addressing the Council) 3. Ordinance 1302 - Zone Change - Janae Moore, et al. - RA-1 to RA-3 - 1 st Reading 4. Ordinance 1303 - Zone Change - City of Kalispell & RSI LLC - P-1 to B-2 - lst Reading 5. Resolution 4446 - Tax Increment Policy - Amends Resolution 3922 6. Lincoln Master Plan Amendment Request Update 7. Approval of Phase I - Kalispell City Airport Master Plan Study 8. Authority to Advertise for Bid - Rim Drive Heating System - WWTP 9. Confirmation of Jack Fallon - Member at Large/City County Planning Board 10. Update - City Manager Selection 11. Council CommentsWormation/Questions (no action) FOR YOUR INFORMATION Council Work Session - February 8, 1999 at 7:00 p.m. Holiday - President's Day - February 15, 1999 Next Regular Council Meeting - February 16, 1999 at 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 AGENDA MEMORANDUM February 1, 1999 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 January 19, 1999 is included for your review and approval. B) The Approval of Claims per Payable Register in the Amount of $311,723.60 is included for your review and approval. Agenda Item No. 2. Hear the Public Agenda Item No. 3. Ordinance No. 1302 - Janae Moore, et. al - Zone Change RA-1 to RA-3 - First Reading Janae Moore, et. al, has made an application to change the zoning classification of Lots 7 through 12, Block 233, Kalispell Ot' Addition, from RA-1 to RA-3. The description encompasses property in the entire !-� Block on the East side of lst Avenue E.N. between Washington Street and Oregon Street. Such a change would convert the affected lots from essentially a duplex classification to a duplex/professional classi- fication. The bulk and dimensional requirements for the affected lots would also be changed by the action. The property is bordered on the North by single family houses and zoned RA-1; on the South by single family houses, zoned B-2; on the East by single family houses, zoned B-2 and on the East by single family houses, zoned R-3. The FRDO Report (KZC-98- H:\att\wp\agenda1-99.wpd -1- Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 6) was adopted by the Kalispell City -County Planning Board and Zoning Commission as the Findings of Fact recommending approval of the requested zone change at the January 12, 1999 meeting. Ordinance No. 1302 is submitted for your consideration and approval in accordance with the FRDO Report and the actions of the Zoning Commission. A motion to approve Ordinance No. 1302, 1st Reading is appropriate. Agenda Item No. 4. Zone Change - City of Kalispell/RSI LLC - P-1 to R-2 - First Reading. The City of Kalispell within the last three years has subdivided the ballfield complex commonly known as Daley Field and sold one of the lots created to RSI LLC (Rosauers). The City by Ordinance No. 1219 re -zoned, from P-1, a portion (all but about 80' on the Westerly boundary) of Daley Field to B-2 to accommodate commercial operations on the parcels created. The Daley Field Subdivision, Lot 2 of which was purchased by Rosauers, encompassed the 80' previously referred to, and the City's offering documents as well as the representations made to Rosauers during the negotiations, were based upon occupancy of the property in accordance with the B-2 classification. The issue involved in the zone change request concerns Federal Aviation Administration Regulations and their application to buildings built adjacent to airports. The placement of buildings on the property to be re -zoned would be in compliance with FAA Regulations establishing object free areas for 250 feet each side of the runway center line. Compliance with FAA Regulations for the anticipated creation of a B-II (visual approach) airport has been observed in the Rosauers agreement, as the building is scheduled to be built 270' from the center line of the runway. Other development upon the site will be required to meet the same requirements. Observance of more restrictive "object free area" regulations will have a substantial adverse affect on the ability of the City to enhance redevelopment opportunities in the Daley Field complex, and will not result in significant benefit to the airport or its users. Ordinance No. 1303 should be passed changing Lots 1, 2, and 3, Daley Field, from Public, P-1 to General Business, B-2. Agenda Item -No. 5. Resolution No. 4446 - Tax Increment Policy - Amending Resolution No. 3922 At the Council Meeting of January 19, 1999, the Council considered a revised Tax Increment Policy supplanting a Policy adopted under Resolution No. 3922 in 1990. The new Policy, like the old, sets forth a criteria to be applied by the City in evaluating tax increment assistance requests made by H:\att\wp\agenda1-99.wpd -2- developers. However, the new Policy is geared toward assisting smaller developers through the use of Tax Increment Loans. The Council discussed disposition of funds repaid pursuant to loan agreements made under the Policy. The Policy has been altered designating that funds repaid after the expiration of the District from which funds were loaned shall bereturnedto the respective taxing jurisdictions in aliquot proportion to their respective share of the consolidated levy. A motion should be made and passed approving Resolution No. 4446. Agenda Item No. 6. Lincoln Master Plan - Update The Daily Interlake on Tuesday, January 26, reported that the Flathead Board of County Commissioners (BOCC)had approved the Master Plan change requested by Bill Lincoln in the area of Conrad Drive and Anderson Lane. The Council previously passed a Resolution of Intention on December 7, 1998 and held a Public Hearing on January 4, 1999 on the Lincoln application. The Council determined at the January 4 meeting that final action on the request would be tabled until the BOCC "voted on the matter". This office takes such a motion to mean that the Council deferred further action until final action by the BOCC. This office made inquiries with the BOCC and requested a copy of the Resolution passed January 25. The BOCC passed a resolution of intention (copy of Resolution No. 790L, included in your packet), not a final resolution. The Resolution indicates that the BOCC will consider a final resolution at some later date. In so far as the action by the BOCC was not "final", this office will await further notice from the BOCC on the request before placing the Lincoln matter on the agenda for Council action. Agenda Item No. 7. Approval of Phase I - Kalispell City Airport Master Plan At the Workshop of January 27 the Council received the Phase I, Feasibility Study for the Kalispell City Airport. The Council indicated a willingness to request the FAA to fund Phase II. The Council may, and should if the Council desires, authorize the Mayor to request, in writing, continuance of the Airport Study through Phase II. A copy of a draft letter is included in your packet. Agenda Item No. 8. At the Council the Council repair. The Authority to Bid - Rim Drive Heating System - WWTP Workshop of January 27 of a problem existing collection sweeps in H:\att\wp\agenda1-99.wpd -3- Jim Hansz, PWD, informed at the WWTP requiring the primary I clarifiers, which facilitate the movement of sludge to the center of the clarifiers for re -cycling, utilize a wheel system which travels on the rim of the clarifiers. During cold weather, icing on the rim impedes the wheel movement and the sludge simply falls to the bottom of the clarifiers, resulting in a plant "up -set." The PWD has determined _that __the problem will be remedied by installation of a boiler to heat and circulate a glycol solution through an industrial hose imbedded in the rim. The project is estimated to cost around $30,000. A motion authorizing an advertisement for bids would be appropriate. Agenda Item No. 9. Confirmation of Jack Fallon - Member at Large City/County Planning Board Jack Fallon has expressed an interest in serving in a position on the City/County Planning Board. Mr. Fallon lives within the planning jurisdictional area and is otherwise qualified for the position. As a member -at -large, the Board of County Commissioners and the City Council must approve the appointment. A motion to approve the appointment is in order. Agenda Item No. 10. Update on City Manager Selection By separate memo the Interim selection process and progress included in your packet. City Manager will discuss the since his arrival. The memo is Agenda Item No. 11. Council Comments/Information/Questions -- (no action) H:\att\wp\agenda1-99.wpd -4-