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