Agenda MemoTe'_,_.ione (406) 758-7700
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Incorporated 1892
- AGENDA MEMO -
TO: Mayor and Members of Council
FROM: Bruce Williams, City Manager
RE: Council Agenda for August 21, 1995
AGENDA APPROVAL
enda Item 2-Council Minutes
Included in your packet are the minutes from your regularly
scheduled Council meeting of August 7, 1995 and your special
meeting of August 14, 1995.
Agenda Item 3-Approval of Claims
The schedule of claims to be paid on Tuesday, August 22, 1995,
have been prepared and available for Council to review. I have
reviewed the claims presented amounting to $589,057.45 and
recommend their payment.
Agenda Item 4-Pledged Securities
Xnur packet contains an analysis of Pledged Securities as of
k
j.ane 30, 1995 for the deposits of the City of Kalispell.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
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
j,
ADDRESSING THE COUNCIL
None scheduled.
PUBLIC HEARINGS
2
Agenda Item 5-SID No. 342-Corporate Way
The intent of this public hearing is to receive protests from
those property owners included within the boundaries of SID No.
342. SID No. 342 would provide public financing for the
installation of a storm sewer system, water mains, street
lights, curb and gutter and paving of Corporate Way. The
anticipated cost of all improvements includes a 10% contribution
to the City's SID Revolving Fund, plus a reserve of 5%.
ORDINANCES & RESOLUTIONS
Agenda Item 6-Resolution 4233-Whitescarver Request -Vacation and
Abandonment of 30' of Kinshella Avenue (Justice Street)
The City has received a request from O.H. Whitescarver
requesting the city to vacate the easterly 30' of Kinshella
Avenue (Justice Street). As you are aware the city approved a
preliminary plat for the Liberty Village Subdivision in August,
1993. As part of the approval of this six lot residential
subdivision you discussed the need for the subdivision to have
a future secondary access. At that time only a 30' deeded
right-of-way existed at the westerly side of the subdivision.
3
It was concluded that Kinshell.a Avenue (Justice Street) would
have to be built at some point in the future to allow for the
north/south connection off Liberty Street. As a consequence the
developer was given the choice of either dedicating an
additional 30' or negotiate with the property owner to the
immediate west for an additional 30, of right-of-way to create
a full 60, of right-of-way. The developer chose to dedicate the
additional 301. He is now asking in light of the recent U.S.
Supreme Court ruling Dolan v. City of Tigard, that this 30'
right-of-way be returned. The Supreme Court found that a
municipality violates the Federal Constitution when it requires
a dedication of land as a condition to a land use permit, unless
t -it makes an individualized determination that there is a roughly
proportional relation both in nature and extent, between the
required dedication and the impact of the development. In the
case of this subdivision, I believe we failed to make such
determination and therefore one could argue that the additional
30' was a wrongful taking. It is Staff's recommendation that
Council vacate and abandon that portion of the 30' right-of-way
adjacent to Lots 5-6 of the Liberty Village Subdivision.
BUSINESS FROM MAYOR & COUNCIL
None scheduled.
4
BUSINESS FROM MANAGER
Agenda Item 7-SID No. 341 Bond Sale
We have a bond opening scheduled for this Monday for SID No.
341. We will have the results of the bond opening and a
recommendation for you Monday evening.
AGENDA ITEM REMINDER
We will have a work session following our regular meeting to
begin review and discussion of the draft Extension of Services
Plan.
f,.