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03/17/97 City Council Minutes1009 1009 A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, MARCH 17, 1997, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR DOUG RAUTHE PRESIDED. COUNCIL MEMBERS 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. JIM ATKINSON WAS ABSENT. Mayor Rauthe called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Haarr moved to approve the agenda. The motion was seconded. The motion carried upon vote. CONSENT AGENDA APPROVAL A. Council Minutes -Regular Meeting March 3, 1997 B. Approval of Claims per Payables Register-$136,453.84 C. Authority to Bid Wyoming Street Water D. Authority to Bid 2nd Street East Manhole Replacement E. Authority to Bid 6th Alley West North Sewer Main Replacement F. Authority to Advertise for RFP for Architecture Services Samaritan House Collins moved to approve the consent agenda. The motion was seconded. Upon vote the motion carried. HEARING THE PUBLIC Greenacres Neighborhood Plan Dennis Dortch, Greenacres Homeowners Association President, thanked the City Council and Narda Wilson from FRDO for the work put into the Greenacres Neighborhood Plan. Jim Lynch, 430 Lake Hills Lane, on behalf of the Ancient Order of Hibernians wished everyone a Happy St. Patrick's Day and told a couple historical stories. Ordinance 1259-Adobt TIF Westside Urban Ren%*al Plan-2nd Reading The Kalispell City -County Planning Board considered Resolution No. 4309, a resolution of intent to create the Westside Urban Renewal Tax Increment Finance District Urban Renewal Plan. The proposed area of the Plan encompasses the area of the North Meridian Neighborhood Plan and an additional area south of Idaho Street in the 7th West North area. If the district is created, there are several projects proposed for the area including revitalization of the Gateway West Mall, reconstruction of Meridian Road, and storm drainage improvements. The Plan has been drafted by Community Development outlining the various financing options available to the City in implementing potential projects. Tax Increment Financing will be the primary source of funds for the projects implemented pursuant to the plan. Since the Workshop, a Section XIV has been added which allows an abbreviated method of notice when adding property to the district or deleting property from the district. Under the method, notice of a proposed addition or deletion would be published and notice sent to the owners of property directly affected by the addition or deletion. Amendments or modifications involving substantive matters, ie. approval of Urban Renewal Plan remain subject to both personal notice and publication as set forth in the Urban Renewal law. J 1010 1010 Kennedy moved Ordinance 1259, an ordinance approving the West Side Redevelopment Plan Analysis for the City of Kalispell, Montana as an Urban Renewal Plan; providing for the segregation and application of tax increment in the West Side Urban Renewal Plan; establishing January 1st, 1997 as the base year for calculating the tax increment; authorizing the manager to implement the plan with the powers contained in the Urban Renewal Law, establishing an amendment and modification procedure, and declaring an effective date. The motion was seconded. Donahue moved to amend that throughout the ordinance the name of the plan be changed to Westside Urban Renewal Plan. The motion was seconded. There was discussion. With a vote the amendment carried with Larson voting against and Collins, Donahue, Granmo, Haarr, Nystul, Kennedy and Rauthe voting in favor. Donahue moved to amend Exhibit A, the outlining of the projects on page 3-net portion starting near the top where it says the north Meridian Neighborhood Plan, from there over to the next page near the bottom, just above where it says Meridian Road Reconstruction. I'm moving that whole portion be removed. The motion was seconded. There was discussion. Kennedy called for the question. The amendment failed with a tie vote with Kennedy, Larson, Rauthe and Collins voting against and Nystul, Granmo, Haarr and Donahue voting in favor. Donahue moved to amend on page 6, to take out 1, 2, 3 and 4 on the bottom of page 6 and top of page 7, and in place thereof amend that little paragraph up above to read "the Tax Increment may be used to pay any costs of or incurred in connection with the urban renewal projects as allowed by law. The motion was seconded. Larson and Kennedy spoke against the amendment. Donahue spoke in favor of the ,amendment and called for the question. Upon vote the amendment failed with Granmo, Donahue and Haarr voting in favor and Collins, Nystul, Kennedy, Larson and Rauthe voting against. Donahue moved on Page 8, the top line of the substance under the heading read "under this plan the City shall have the power to issue bonds to finance urban renewal etc.", and then the conclusion be eliminated. The motion was seconded. With a tie vote the motion was defeated with Kennedy, Larson, Collins and Rauthe voting against and Granmo, Donahue, Haarr and Nystul voting in favor. Haarr moved to. eliminate Green Briar from the area. The motion was seconded. There was discussion. Haarr and Granmo spoke in favor of the amendment. � , 111 t 1, t*,. Rauthe and Nystul spoke against the amendment. The amendment failed wi h a vote with Granmo, Donahue and Haarr voting in favor and Col ins, Kennedy, Larson, Nystul and Rauthe voting against. Ll 1 1011 1011 The once amended motion carried upon roll call vote with Collins, Granmo, Kennedy, Larson, Nystul and Rauthe voting in favor and Donahue and Haarr voting against. Ordinance 1260-TIF Amendment Airport Area-2nd Reading The City Council on June 17th, 1996 approved the Kalispell City - County Airport/Athletic Complex Redevelopment Plan (Ordinance No. 1242). The Plan and the Ordinance contained references to the Montana Urban Renewal law, Title 7, Chapter 15, Parts 42 and 43 and discussed Tax Increment as an option to financing improvements to the Airport and Ballfields. The County Assessor established January 1, 1996 as the base taxable value date for calculating increment to the District. After discussing the Ordinance and Plan with the City's bond counsel, Mae Nan Ellingson, it was determined that the City should amend the Ordinance to clearly state that the City would segregate Tax Increment Funds accruing to the district and apply those funds to projects. It would also be appropriate to recognize January 1, 1996 as the base taxable value date for the District. Larson moved Ordinance 1260, an ordinance amending Ordinance No. 1242 to provide for the segregation of and application of tax increment in the City Airport/Athletic Complex Redevelopment Plan and confirming January 1st, 1996 as the base year for calculating the tax increment. The motion was seconded. With a roll call vote the motion carried with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4320-Amend Budget for Federal Appropriations -Lawrence Park Wetlands Krepps explained the federal funding for the Lawrence Park Wetland Mitigation project was not received until after the Council adopted the 1997 budget and this resolution allows legally spending those dollars. Collins moved Resolution 4320, a resolution to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 1996-97 budget adopted by the City Council for the Lawrence Park Wetlands Project. The motion was seconded. With a roll call vote the motion carried with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Resolution 4321-Intent to Adopt, Revise or Reject Master Plan Amendment -Industrial to Commercial -Pack_& ComDanvReauest Pack and Company has requested a Master Plan amendment from Industrial to Commercial zoning for approximately 20 acres near the corner of West Reserve Drive and Highway #93 North. The City - County Planning Board reviewed the request at their February 11, 1997 meeting. The Board recommended denial of the amendment on a 5-2 vote. Under Montana law the Council is required to pass a Resolution of Intent to adopt, reject or modify the proposed amendment. Larson moved Resolution 4321, a resolution of intention to adopt, revise or reject an amendment to the Kalispell City/County Master Plan. The motion was seconded. Kennedy noted she is an employee of Pack and Company and will be Voting on the issue. The motion carried upon roll call vote with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. 1012 1012 Resolution 4322-Greenacres Neighborhood Plan Approval of the Greenacres Neighborhood Plan has been on hold since February, 1997 because of a desire of the Flathead Board of County Commissioners to change certain policy provisions within the Plan. Narda Wilson met with the Commissioners on March 4 and resolved most of the issues. The Commissioners, still, do not like the provision "encouraging" subdivisions to provide parkland. The Commissioners requested that the Greenacres Neighborhood Plan be placed on the March 31, 1997 joint meeting agenda. Kennedy moved Resolution 4322, a resolution revising a recommended amendment to the Kalispell City/County Master Plan as amended by the Flathead Board of County Commissioners. The motion was seconded. With a roll call vote the motion carried with Collins, Donahue, Granmo, Haarr, Kennedy, Larson, Nystul and Rauthe voting in favor. Lone Pine View -Final Plat Lonepine View Estates and Lonepine View Estates, Phase 2 have been submitted for final plat approval. Preliminary plat approval was granted by the County Commissioners. Since the property is now within the city limits it is the Council's responsibility to approve the final plat. All conditions required for final plat approval have been met or bonded for by the developer. Nystul moved the Council approve the final plat for Lonepine View Estates Phase II. The motion was seconded. The motion carried with a vote unanimously. Amended Plat of Lot 1, Insteness (Wallace) -Final Plat The final plat for the Amended Plat of Lot 1, Insteness has been submitted. The subdivision is located on Sunnyside Drive at the end of 6th Avenue West. No preliminary plat was filed on the subdivision because as a minor subdivision it was subject to an abbreviated review procedure. Collins moved Council approve the amended plat of Lot 1, Insteness Final Plat. The motion was seconded. With a vote the motion carried unanimously. I:.. Authoritv to Proceed -Kalispell Center mall Land—Acouisition Larry Gallagher reported Equity Supply and the Kalispell Center Mall partners have received an agreement on a purchase price for cleared land, approximately 126,000 square feet immediately north of the Kalispell Center Mall. It would be the area bounded by 1st Avenue West North on the east and running through 3rd alley West North and the alley between 3rd and 4th Avenue West North. It would include all of the Equity Feed and Seed Plant, the Equity Dairy and where the feed store retail operation is currently. The present time, Equity owns that entire city block and half block. The proposal has been accepted by the Equity Board of Directors contingent upon entering into a favorable agreement with the City of Kalispell, for the City to purchase the improvements to the land that, Equity owns. That would include everything from the asphalt.,. fencing, buildings, fixtures and equipment located within hnsb buildings. Several weeks ago the City contracted with American Appraisal Services, a nationally known appraisal firm that specializes in appraising this kind of operation. An updated and new appraisal was done. Their estimate of value and estimated salvage value came back significantly lower than in 1992 and would net out, if the city were to deduct the full amount of salvage value, estimated at $980,000, net purchase price. Authority to proceed is necessary. There was discussion and Gallagher answered questions. 7 1 1013 1013 Collins moved to proceed with negotiations. The motion was seconded. There was more discussion with Haarr and Donahue speaking against and Granmo and Kennedy speaking in favor. The motion carried with a vote with Collins, Nystul, Granmo, Larson, Kennedy and Mayor Rauthe voted in favor and Haarr and Donahue voted against. FOR YOUR INFORMATION Airport Authority Joint Meeting with Airport Advisory Board Meeting to follow this meeting Next Work Session March 24, 1997 7:00 p.m. City Councils/County Commissioners Joint Meeting March 31, 1997 Next Regular Meeting April 7, 1997 7:00 p.m. ADJOURN The meeting was adjourned at 9:00 p.m. QaU41 IQZ RLA9� Dougla D. Rauthe, Mayor ATTEST: n Debbie Giff �r C Clerk of Counc Approved 4/7/97 1