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06/08/98 SP City Council Minutes1263 1263 A SPECIAL MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MONDAY, JUNE 8, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSKI PRESIDED. COUNCIL MEMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR, DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY ATTORNEY/ACTING CITY MANAGER GLEN NEIER WERE PRESENT. Mayor Boharski called the special meeting to order. PURCHASE AND DEVELOPMENT AGREEMENT- KALISPELL DOWNTOWN CENTER Haarr moved approval of the Purchase and Development Agreement between the City of Kalispell and Depot Park Partners as presented. The motion was seconded by Scarff. There was discussion. Donahue said for the record, the bid for the KDC site was submitted by Meridian Industrial Park Partners and now the City is dealing with Depot Park Partners. He asked for a clarification on the difference. Ken Yachechak explained Depot Park Partners is a partnership within a partnership, and the reason for the name change is to set up a new tax structure. Boharski asked if there would be any legal problems with a different name on the Agreement. Neier answered he and Assistant City Attorney Richard Hickel researched the question and they don't believe there will be any problem. Atkinson commented that the Agreement states if the development is not completed within five years "the Partners shall sell to the City, and the City shall repurchase from Partners those parcels." He asked if provisions are made for the money to be available if the development doesn't transpire. Neier answered "No, you're obligating a future Council." Nystul questioned a provision in the Agreement which says 1st Street East will remain as a one way street. He said if traffic patterns change in the future, what will that do to the agreement. Neier said in the future, if both parties agree that 1st Street East should be changed to two way traffic, there's nothing preventing that. Van Natta asked why the alley texturing wasn't included in the Agreement. Neier answered the mechanics have not been worked out yet and a change order will probably be forthcoming in the future. Larson said he didn't see any provisions for alley lighting. Neier said the lighting will also be handled in a change order. Yachechak commented that assuming the Agreement is passed and signed, June 26th is the date set to break ground. The motion carried unanimously upon vote. Donahue asked whether the easement questions concerning Ron Trippet's property have been answered yet. Neier answered that the City and Mr. Trippet are still negotiating. Atkinson moved to adjourn. The motion was seconded by Van Natta. The motion carried unanimously upon vote. 1264 1264 ADJ®SRN The meeting was adjourned at 7:15 p.m. Wm.F- .BahDrski . Wm. E. Boharski, mayor ATTEST: Th'eresa white Clerk of Council approved June 15, 1998 1 1