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.
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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.
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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.
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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.
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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.
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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.
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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:
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Debbie Giff �r C
Clerk of Counc
Approved 4/7/97
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