08/21/95 City Council Minutes07c��
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, AUGUST, 21, 1995, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, LAUREN GRANMO, BARBARA MOSES, DALE HAARR,
DUANE LARSON, PAM KENNEDY, GARY NYSTUL, 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.
ADDrove Minutes -Regular Meeting August 7, 1995 and Special Meetina
August 14, 1995
Collins moved to approve the minutes. The motion was seconded.
The motion carried with a vote.
Approve Claims per Payables Register
Moses moved to approve the claims. The motion was seconded.
There was discussion.
Upon vote the motion carried.
Pledged 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 -Corporate 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.
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.
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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.
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 conventiona 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.
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.
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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.
Nystul moved that the city manager be authorized 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% 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 p.m.
ADJOURN
The meeting was adjourned at 8:18 p.m.
Dougl s D. Rauthe, Mayor
ATTEST:
I&, "-,t T 6" J F CMC
Debbie Gif o , MC
Clerk of Coun
Approved 9/5/95