06/16/97 City Council Minutesq l,,A- 1 b 0 11
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Chamber Barrel Reaueat
From a risk management standpoint, the City should not expose the
City taxpayers to additional claims that may be generated by
additional items on public sidewalks.
Krepps recommended, if Council desires to allow certain items on
the sidewalks, a permitting system should be implemented that wills
1. Tell what the item is;
2. Tell where the item will be;
3. Tell how long the item will be there;
4. Most important. - require each downtown property owner to
submit an insurance certificate that holds the City harmless
and names the City as additionally insured/in the usual
amounts. Upon submittal of this certificate, the City could
then issue the permit.
5. Restrict the permits to the business district only and keep
the current ordinance for all other sidewalks.
Nystul moved the Council authorize and direct the city manager to
establish a permit system for the flower pots on the public right
of way in the Central Business District for the present season,
directing the city attorney to draft a proposed amendment to
Ordinance 1003 formally establishing this policy and that the city
manager make further recommendations to us as to other items that
may wish to be addressed as permitted uses of the public right of
way. The motion was seconded.
There was discussion.
The motion carried unanimously with a vote.
Resolution 4339-Haven Field
This agreement guarantees the City a maximum payment of $124,000
per year for the next 10 years. This payment is in lieu of the
taxes that would be generated by the originally proposed
improvements for this site. When the bids were evaluated, the site
improvements were a major factor in the staff recommendation for
consideration of the Outlaw's proposal. This agreement, in Krepps
opinion, does not meet the spirit or intent of the RFP that was
compiled by the staff and approved by the Council. It does give
the "tax/revenue" anticipated but does not "guarantee" the
improvements and/or potential new jobs that were presented.
The agreement does, by requiring the payment of $124,000 annually
(Section 5.5) for 10 years, will give Mr. Dasen incentive to
perform by constructing improvements that will reduce this out-of-
pocket expense.
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Krepps expressed he reluctantly recommended the approval of this
agreement and sale. The contract is not what was desired or
intended, but dependent upon this item as a key step in the
development and financing of the ballfield complex and more
indirectly the potential airport improvements. Without the sale of
the field, the City cannot proceed to the sale of Daley Field. The
City is currently on hold with the Engineers for the ballfield
complex until this item is approved. After approval the City will
begin review of the proposed engineering contract for the complex,
complete the lease agreement, and begin the Daley Field offering.
Larson moved Resolution 4339, a resolution authorizing the sale of
portion of the NE 1/4 of the NW 1/4 and the NW 1/4, Section 20,
T28N, R21W, Flathead County, Montana (more particularly described
in Exhibit "A") to the Outlaw Inn, a Montana joint venture and
authorizing the city manager to enter into a development agreement
with the Outlaw Inn, a Montana joint venture. The motion was
seconded.
There was discussion with Donahue speaking against.
With a roll call vote the motion carried with Haarr, Kennedy,
Larson, Nystul, Atkinson, Collins, Granmo and Rauthe voting in
favor and Donahue voting against.
Regg > joe 433 5-Buffalo Commons Phase i-preliminary Plat
The report from FRDO was submitted for the approval of the
Preliminary Plat of the Buffalo Commons Phase I Subdivision. This
request was recommended for approval, subject to ten conditions, by
an unanimous vote of the City/County Planning Board.
Krepps recommended approval of the Preliminary Plat with the ten
conditions set in the planning documents.
Kennedy moved Resolution 4335, a resolution approving the
preliminary plat of Buffalo Commons Phase I, Flathead County,
Montana. The motion was seconded.
There was discussion.
With a roll call vote the motion carried with Atkinson, Collins,
Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting
in favor.
Resolution 4336-Mantis Subdivision -Preliminary Plat
Since the Lantis Subdivision Preliminary Plat is fewer than a six
lot subdivision, the Planning Board does not act upon this request.
The Council is the only agency of approval for this process.
Larson moved Resolution 4336, a resolution approving the
preliminary plat of the Lantis Subdivision, Flathead County,
Montana. The motion was seconded.