10/21/96 City Council Minutes()940
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A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, OCTOBER 21, 1996, IN THE COUNCIL CHAMBERS AT CITY HALL
IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, CLIFF COLLINS, NORBERT DONAHUE, LAUREN
GRANMO, DALE HAARR, PAM KENNEDY, DUANE LARSON, GARY NYSTUL, CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Rauthe called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPROVAL
Krepps requested the removal of Item D, under the consent agenda.
Haarr moved to approve the agenda with the removal of Item D. The
motion was seconded.
Nystul moved to amend the motion to include the contents of minutes
and procedures for adding items to the agendas for work sessions
and meetings. The motion was seconded.
The amendment carried with a vote.
The amended motion carried upon vote.
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular Meeting October 7, 1996
B. Approval of Claims per Payables Register-$228,938.45
C. Pledged Securities September 30, 1996
D. Approval of Low Bid for:
Sewer Improvements -Green Acres -removed
E. Authority to Bid -North Side Water Well
HEAR THE PUBLIC
Green Acres
Sally Delby, 1740 Woodland Avenue, requested Council consideration
of Green Acres zoning.
Tax Dollars
Fred Hammill, 7th Avenue West, questioned if the current city
manager had been mandated to save Kalispell tax dollars.
PUBLIC HEARING -Urban Renewal Projects
After the input at the Public Hearing process, Council will need to
determine;
1. If it is desired to proceed with the Urban Renewal area
as advertised.'
2. If it is desired to approve the projects as listed in
Section 1 of the Ordinance, paragraphs a, b, c, d, e, and
f.
3. If it is desired to fund the projects at the levels that
were advertised.
P oponents
The following spoke in favor:
Rosalie Heinecke, 61 Buffalo Hill Drive, Central School
Bob Hatfield, 612 6th Street East, Central School
Bill Goodman, 1275 Lower Valley Road,
Ed Trippet, 1135 1st Avenue West,
Sue Dupont, 434 5th Avenue East
Gordon Pirrie, Norm's News,
Fred Hammill, 7th Avenue West
Ed Gilliland, 5505 Hwy 93 South, Somers
Delores Swanberg, 154 Caroline Point Road, Lakeside
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Linda Collins, 302 Salish Court
Jeanne Parson, Chamber of Commerce
Mike Lund, 1029 2nd Street West
Dave Thornquist, 132 Troutbeck Rise, Lakeside
Tom Barbieri, 20 North Main
Chuck Mercord, 42 Hillcrest
Steve Olson, 378 Ponderosa Lane
Jim Thompson, 160 Riverview Drive
Andy, 200 Arbour Drive East
Jim Meyers, 134 Fairway Boulevard
Opponents
The following spoke against:
Richard Kuhl, 867 North Main
Max Ryan, 640 2nd Avenue East
Doug Johns, 346 Ponderosa Street
Jerry Begg, 220 Woodland Avenue
Sharon DeMeester, 415 Chestnut
Roger Siblerud, 530 Bestview Drive, Somers
Ron Trippet, 323 Main
Art Rasmussen, 1045 3rd Avenue East
Per Storli, 3420 Airport Road
Kimberly Soucie, 77 3rd Avenue West North
Muriel Hagerman, 1818 Airport Road
Rauthe closed the public hearing.
Ordinance 1248-Adopt Urban Renewal Projects -1st Reading
Atkinson moved Ordinance 1248, an ordinance relating to the
modification of the Kalispell, Montana Urban Renewal Plan (The
Urban Renewal Plan) to approve certain projects as urban renewal
projects. The motion was seconded.
Community Development Director Gallagher answered questions.
Larson spoke in favor of the motion with the exception of eminent
domain.
Larson moved to amend Section 1 B, KDC Site, to read "this project
includes public improvements to make the property available for the
private development for uses consistent with the plan. The project
is estimated to cost 2 million dollars which will be funded from
the annual revenues generated from the downtown redevelopment
area
There was discussion.
Larson withdrew the amendment as did the second.
Larson moved to amend Section 1B to include the statement "the use
of eminent domain will not be used on Block 36". The motion was
seconded.
Atkinson spoke against the amendment and Larson, Haarr, Nystul,
Collins and Donahue spoke in favor.
The amendment carried with a vote with Atkinson voting against.
There was more discussion.
Granmo moved to amend the motion to strike the estimates from each
of the projects. The motion was seconded.
Kennedy called for the question.
There was more discussion.
Larson called for the question.
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The amendment carried with Larson, Collins, Kennedy and Atkinson
voting against.
There was more discussion.
Donahue called for the question.
The twice amended motion carried upon roll call vote with Haarr,
Kennedy, Larson, Nystul, Atkinson, Collins, Donahue, Granmo and
Mayor Rauthe voting in favor.
Sy h Business Park Revised Plat -Final Approval
On September 9, the Council approved the Preliminary Plat for this
subdivision with conditions. FRDO reports all of the conditions
have been met.
Nystul moved the final plat for Syth Business Park. The motion was
seconded.
The motion carried with a vote.
Emergency Ordinance 1249-Parking Restriction-4th Avenue West
(5th Street to 6th Street)
Mr. Don Hatch, Assistant Principal of the High School, submitted a
request to restrict the parking on 4th Avenue West from 5th Street
to 6th Street. The request also includes the signature of
residents/owners of the abutting properties.
Krepps noted the biggest problem is with the traffic safety;
turning movements, sight problems, and pedestrian/vehicle
interrelationships. With discussion with the High School Staff,
neighborhood, and City Staff at the workshop, it was agreed that
this restriction could result in safety improvements. Krepps
recommended the approval of the request.
Larson moved Ordinance 1249, an ordinance to amend Section 17-54,
Kalispell City Code, to prohibit vehicle parking on the west and
east side of 4th Avenue West between 5th Street West and 6th Street
West, and declaring the existence of an emergency. The motion was
seconded.
With a roll call vote the motion carried with Haarr, Kennedy,
Larson, Nystul, Atkinson, Collins, Donahue, Granmo and Mayor Rauthe
voting in favor.
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With the apparent improvements for the tennis facility an
potential increase in traffic and parking requirements within the
Summit area, it is agreed that more restrictive parking
requirements are needed for these streets. Within the workshops
and Council meetings, this restriction was discussed several times.
The City Attorney has compiled the ordinance to prohibit parking on
both sides of East Meridian Road between Highway 93 and Windward
Way between Sunnyview Lane and Heritage Way.
Kennedy moved Ordinance 1250, an ordinance to amend Section 17-54,
Kalispell City Code, to prohibit vehicle parking on the north and
south side of East meridian Road between Highway 93 North and
Windward Way and on the east and west side of Windward Way between
Sunny View Lane and Heritage Way, and to provide an effective date.
The motion was seconded.
The motion carried upon roll call vote with Haarr, Kennedy, Larson,
Nystul, Atkinson, Collins, Donahue, Granmo and Mayor Rauthe voting
in favor.
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Resolution 4297-Intent to Annex County Roads -Two Mile Drive and
Appleway
Council has discussed and the Staff recommends these two roads
become a part of the City with City maintenance responsibilities.
Currently they are not within the City boundaries, but the City is
maintaining them.
The change has been discussed with the County Engineering
Department and a written request from the County Commissioners.
Kennedy moved Resolution 4297, a resolution of intention to annex
territory to the City of Kalispell, to be known as the Appleway
Drive/Two Mile Drive Annexation No. 277, to recommend zoning said
property in accordance with the Kalispell Zoning Ordinance, to fix
a date of public hearing thereon and to provide for the City Clerk
of Council to receive expressions of approval or disapproval in
writing thereto and to provide for the publication of notice of
this resolution. The motion was seconded.
With a roll call vote the motion carried with Haarr, Kennedy,
Larson, Nystul, Atkinson, Collins, Donahue, Granmo and Mayor Rauthe
voting in favor.
Resolution 4298-Outlaw _Inn Bond Refunding Request
In 1982 the City issued an Industrial Development Revenue bond of
$2,900,000 to finance the Outlaw Inn project. In 1986 the City
issued $2,680,000 Refunding Mortgage Revenue Bond to refund the
original note.
The borrowers are now requesting another round of refunding bonds
be completed. This round would refund the current principal and
can be redeemed on January 1, 1997. The closing date for this
refunding will be December 1, 1996.
Before these bond transactions can be completed, the City needs to
pass a final bond resolution (at the November 4 meeting). Because
previous actions met the Internal Revenue code requirements for
refunding, it is not necessary to hold an additional public
hearing. The final resolution will be completed at the November 4
meeting, it is necessary for the City to pass by Resolution of
Intent to issue the new bonds, subject to the final approval in the
Bond Resolution (November 4). This resolution will clearly set
forth the fact that the City is not obligated or has any type of
pecuniary liability for this transaction.
Bond Counsel, Mae Nan Ellingson of Dorsey and Whitney, has compiled
the resolution for this procedure. With this procedural review by
the bond counsel and since this is not an obligation of the City,
Krepps recommended this procedure for refunding of the Outlaw Inn's
bonds be approved. The City's expenses will be reimbursed at the
rate of $2.50/$1,000 of bonds as per the ordinance requirements.
Larson moved Resolution 4298, a resolution relating to a project on
behalf of Outlaw Inn joint venture and the issuance of revenue
bonds to refund certain outstanding industrial development
refunding mortgage of the City of Kalispell under Montana Code
Annotated, Title 90, Chapter 5, Part 1, as amended; granting
preliminary approval thereto and calling a public hearing thereon.
The motion was seconded.
The motion carried upon roll call vote with Haarr, Kennedy, Larson,
Nystul, Atkinson, Collins, Donahue, Granmo and Mayor Rauthe voting
in favor.
Minutes and Agendas
It was agreed to address these 2 items at the next work session.
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Evergreen
Mayor Rauthe expressed the Council is unanimously in agreement that
the Evergreen group and City Council need to get together in the
near future.
FOR YOUR INFORMATION
Next Work Session October 28, 1996 7:00 p.m.
Next Regular Meeting November 4, 1996 7:00 p.m.
ADJOURN
The meeting was adjourned at 10:37 p.m.
DouglasUb. Rauthe, Mayor
ATTEST:
LLJ�Mfxd--Om 01.
Debbie Giff r ,�40C
Clerk of Counci
Approved November 4, 1996
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