Tab 05 City Council Meeting Minutes August 21, 1995October 17, 1995
I, Debbie Gifford, the undersigned, Clerk of the Council of the
City of Kalispell, certify that the foregoing is a true and correct
copy of the minutes of the regular City Council meeting held on
August 21, 1995, approved by motion by the City Council of the City
of Kalispell at City Hall on September 5, 199549
Debbie GiifV)M, CM'C
Kalispell Clerk of Council
Mom
793
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7 to 00
P.M, MONDAYs AUGUST, 21, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELLs MONTANA, MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSONj, LAUREN GRANMOI BARBARA MOSESO, DALE HAARRO,
DUANE LARSONr PAM KENNEDY# GARY NYSTULr CLIFF COLLINS# AND CITY
MANAGER BRUCE WILLIAMS WERE PRESENT, CITY ATTORNEY GLEN NEIER WAS
ABSENT*
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance,--�
AGENDA APPROVAL
Williams requested the addition of Resolution 4234, a resolution
creating SID No, 342-Corporate Avenue*
Moses moved to approve the agenda. The motion was seconded.
The motion carried upon vote.
AMrove Minutes -Regular Meeting _AgglLst 7, 1M. and - Special Mgg"i a
AMgust 14, 199-5
Collins moved to approve the minutes, The motion was seconded.
The motion carried with a vote
AMroyp gLaims- 12er-....Payables Register
Moses moved to approve the claims. The motion was seconded.
There was discussion.
Upon vote the motion carried*
Pledaed--Securities
Nystul moved to approve the Pledged Securities. The motion was
seconded.
The motion carried with a vote.
ADDRESSING THE COUNCIL
None
PUBLIC HEARING
SID.. No. 342 Bonds -Coriporate Avenue
The intent of the 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%.
Proponents
Ron Pack, Hwy 2 West, spoke in favor of the proposal,
ORp nents
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
Ljustice Street)
The City has received a request from O.H. Whitescarver requesting
the City to vacate the easterly 301 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.
9 4
794
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 300 of right-of-way to create a full 600 of right-of-
way, The developer chose to dedicate the additional 300. He is
now asking in light of the recent U*S, Supreme Court ruling
VI.....-Citv -21.-Tisard, that this 300 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 permitr 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 301 was a wrongful taking. Williams and Staff
recommended that Council vacate and abandon that portion of the 300
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,r Liberty Village Subdivision,, more
particularly described as Kinshella Avenue (justice Street), The
motion was seconded*
With a roll call vote the motion carried'.
Resolutig.n 4234-Creation of SID No. 342-Corporate NU
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 CityF9 Special
improvement District Revolving Fund and establishing compliance
with reimbursement bond regulations under the Internal Revenue
Code, The motion was secondedt
There was discussion.
The motion carried with a roll call vote,
BUSINESS FROM MAYOR & COUNCIL
LIbbv 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 Conve
Rauthe also reminded Council of the upcoming convention in Billings
on October 4th, 5th and 6th.
National League 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.
P rson 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,
SRecial Meetin
Haarr reflected on the special budget meeting and explained the
reasoning for his vote.
There was discussion.
795
BUSINESS FROM MANAGER
]Did _.Award ==Za.1 2. of Bonds -5 Q 3U -..5t]l __&ye01A2 E!ast 62w2r,
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*05654 in the
amount of $100o000. Williams requested authority to proceed to
bond sale in the amount of $100,000 with this interest rate.
Nystul moved that the city manager be authorized to execute the
necessary dcrduments for the sale of $100,000 series SID No. 341
1995 bonds to D,Ae Davidson with a net effective interest rate of
6,0565% for $97,000. 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 pm.
ADJOURN
The meeting was adjourned at 8:18 p.m.
Z - ac k
bouglats D. Rauthe, Mayor
ATTEST:
Debbie Gif MC
Clerk of Coun
Approved 9/5/95