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2. Council Minutes - Regular Meeting August 21, 1995793 A REGULAR !,,IEE IrT NG F 'HE ."ALISPELL CITY COUNCIL WAS HELD T -:00 _N THE COUNCIL CHAMBERS AT CIT7 :ALL M. MONDAY, _"UGUST I f _995, ,N -{ALJISPELL,, _'ONTANA. __1AYOR DOUG RAUTHE PRESIDED. ;CUNCIL MEMBERS ;TM _'T7I."L\7SODT, _-UREN GRANMO, BARBARA MOSES, DALE, 'AARR, DUANE 1ARSON, ?AM HENNEDY.rRY NYSTUL, CLIFF COLLINS, .1IND -ITY `MANAGER 31RUCE ';-1ILLIAMS -]ERE -:,RESENT. CITY ATTORNEY GLEN -7 EIER WAS ABSENT. Mavor 3-authe called to order and led the :-!-,B-.ae of Allegiance. AGENDA APPROVAL Williams requested the addit-lon of Resolution 4234, a �asolution creating SID 'Ic. 342-Cori)orate Avenue. Moses moved to _==rove th.e acenda. The motion was seconaea. The motion carried u-pon -7oLa. Approve Minutes-Reauiar _"Ieetina August 7, 1995 and Special August -'4, 1995 Collins moved .-o approve minutes The motion was seccnaea. The motion carried with a -Iota. Approve Claims -per Pavables --?eaister Moses moved to approve --ne cialms. The motion was seconded. There was discussion. Upon vote the -,potion carr-Jad. Pledaed Securities Nystui moved to approve the -7--edged Securities. The mot --n was seconded. The motion carried with a Vote. ADDRESSING THE COUNCIL None PUBLIC HEARING SID No. 342 Bonds -Corporate Avenue The intent of the public hearing is to receive protests from those property owners included within the boundaries of SID No. w;42. SID No. 342 would provide -public financing for the installation of a storm sewer system, water mains, street lights, curb and cutter and paving of Corporate Way. T'he anticipated cost of all .Improvements includes a 100o contribution --o the City's SID Revolving Fund, plus a reserve of %. 794 Proponents Ron Pack, Hwy 2 West, spoke in favor of the proposal. Opponents One written protest was received from the Foster/Ford partnership. Rauthe closed the public hearing. ORDINANCES & RESOLUTIONS Resolution 4233-Vacation and Abandonment 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). 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, Council 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. It was concluded that Kinshella 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 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, the City failed to make such determination and therefore one could argue that the additional 30' was a wrongful taking. Williams and Staff recommended that Council vacate and abandon that portion of the 30' right-of-way adjacent to Lots 5-6 of the Liberty Village Subdivision. Larson moved Resolution 4233, a resolution to abandon a street adjacent to Lots 5-6, Liberty Village Subdivision, more particularly described as Kinshella Avenue (Justice Street). The motion was seconded. With a roll call vote the motion carried. 795 Resolution 4234-Creation of SID No. 342-Corporate Way Kennedy moved Resolution 4234, a resolution relating to Special Improvement District No. 342; creating the District for the purpose of undertaking certain local improvements and financing the costs thereof and incidental thereto through the issuance of Special Improvement District Bonds secured by the City's Special Improvement District Revolving Fund and establishing compliance with reimbursement bond regulations under the Internal Revenue Code. The motion was seconded. There was discussion. The motion carried with a roll call vote. BUSINESS FROM MAYOR & COUNCIL Libby Nordicfest Parade Rauthe reminded Council of the request to ride in the Libby Nordicfest Parade on September 9th in conjunction with the Chamber of Commerce. He wanted an RSVP by the next meeting. Montana League of Cities and Towns Convention Rauthe also reminded Council of the upcoming convention in Billings on October 4th, 5th and 6th. National Leacrue of Cities and Towns Convention He also reminded Council of the National convention in Phoenix in December and that travel plans need to be made. Peterson School Sidewalks Kennedy asked for an update on the Peterson School sidewalk project and was concerned if the project would be done by the time school starts next week. Public Works Director Babb explained the project and assured it would be completed by the time school starts. Special Meeting Haarr reflected on the special budget meeting and explained the reasoning for his vote. There was discussion. BUSINESS FROM MANAGER Bid Award --Sale of Bonds-SID No. 341-5th Avenue East Sewer Bids were opened on this date with only one bid submitted by D.A. Davidson for the bond bid for SID No. 341-5th. Avenue East Sewer line with a 15 year term at an interest rate of 6.0565% in the amount of $100,000. Williams requested authority to proceed to bond sale in the amount of $100,000 with this interest rate. 796sff Nystul moved that the city manager be authori to execute the necessary documents for the sale of $100,000 series SID No. 341 1995 bonds to D.A. Davidson with a net effective interest rate of 6.0565%. The motion was seconded. With a vote the motion carried. STAFF REPORTS Next Special Work Session to follow this meeting Next Regular Work Session August 28, 1995 7:00 p.m. Next Regular Meeting September 5, 1995 7:00 p.m. ADJOURN The meeting was adjourned at 8:18 p.m. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council