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06/25/84 SP City Council MinutesSPECIAL MEETING 209. i LeRoy E. McDowell Mayor Drawer 1997 ZiP 54401 Telephone (46} 755-5457 THE CITY OF KALISPELL, M O ITT TAN A JUNE 22, 1984 S P E C I A L M E E T I N G TO THE HONORABLE BOARD OF COUNCILMEN CITY OF KALISPELL, MONTANA GENTLEMEN: There will be a Special Meeting of the City Council Monday, June 25, 1984 at 2:00 P. M. in the Council Chambers at City Hall for the following purpose: TO DISCUSS PROPOSED PUBLIC WORKS PROJECTS ASSOCIATED WITH THE KALISPELL CENTER LTD. DEVELOPMENT We, the undersigned, being all of the members of the City Council, do hereby waive notice of the date and purpose of the Special Meeting of the City Council to be held Monday, June 25, 1984 at 2:00 P. M. in the Council Chambers at City Hall and consent to the transaction of the above and any other business that may properly come before the City Council. Le ; ATTEST: Marjbrp-effGiermann, Clerk -Treasurer G� /�sr L t.+�L _ OUT OF TOWN Wayne P4 Saverud 'Louis B. Ruiz Howard G. Grainge Paul R. Palmer M Y_���.WVRR �� �� _, . . - ■ -Glean l/Gar W. Nystul T Or TOWN harles J..M444ing Patri/Iri g r ier, City Attorney an City" Mayor McDowell presided. Councilman Ruiz, Manning and Palmer were absent. A.1.1 other 210. from State of Montana people, Department of Commerce, that if .the state did get this arRgunt,.bur application for 10 million dollars would have priority,. There has been additional information brought down today and Councilman Saverud asked Community De- velopment Gallagher to report. Gallagher reported a phone call from the office of Senator.Baucus and they did, indeed, reach an agreement at the committee._level and the City. .of Kalispell has a generic classification as, far as the .UDAG grant•is concerned. The State has a .limit of $150 per capita., which amounts to about $120,000,000. Industri.a.l Revenue Bonds are used for student .loans, programs .like we have 'in municipalities, ag loans, the umbrella .,bonds.that-build Montana programs,.'etc., They are trying now to figure 50% for State and 50 for, znu�iic�pala�ties..,r Apparently there will be ,a minimum Q. $20a.;,00Q'.400 and:, rridustrral i:nves,tmep s in Montana will:not 'suffer Counc'i lmazi'. Savercl stated that last `week, Director , Q,f. Pub.li.c Works .Hammer and -City Attorriep Neier `conversed with th'e Developer, of.. th& ;proposed mall and the . bond couns21,; Dbrsey :& Whitney.` here is. some: concern from, the ::financial people"tliat the project ,•has;. some, .a'aditiona.l certainti.e's .related. -to, it . , , For instance, the City in its original ,proposal 'h:a.d sugges'teel that: we .coat xbtiite.; $200, 000.00 for off -site mpxoremeits. When"IJUD nbgotiated 1n:our..'behalf ;, th'ey_:nd'cated that this was not a rea8 nabte amount aril we shoul;cl be yiill1 to .pome .,.up wi-6 at, .least , $40,0, 0.00.00 , and th.a;s a s;, what out resolution' reads. AS.:;.DPW f3am le'f has .been reviewing they'. cost .of of sate improvernens,;`he ss firidntl fi'hat`:t nuibex':inght'noi be adequate S.gme o'f tY ; �mprgve[nent5 h'at are b trig ` c'Onsider.ed ,he are obi-ous_ly directly rel.ai e,d to . the development and otheis'are' fairly indirect. Hammer has prepared a list of im- provements and will walk us through. `r 13ROPOSED MALL "OFF -SITE COST ESTIMATES" ASSOCIATED WITH MALL I. Center Street (1st Avenue East - Main Street) A) Widen 10 feet $10,000 _ B) Street Light Relocation (2) 1,200 C) Tree Removal 500 D) Power Pole Relocation N-C. E) Irrigation Relocation 1,000 F) Storm Sewer Relocations (2): 10,000 G) Traffic_ Signal Relocation 50,000 H) Street Striping 500 I) Curb Removal and Replacement 2,600 , J) Sidewalk Installation 2,880 Sub -total $78,68OZ II. Depot Park -(North side) A) Eliminate right turn lane median $5,000 8) Remove .light pole in medlatl 600 C) Remove and replace 100' curb @ $8.W 800 D) Backfill with top soil 1,000 E) Remove and replace asphalt 11000 Sub -total $8,400 III. Center Street (Main Street - 5th Avenue West) A) Widen 10 feet. $50,000 B) Street Light Relocation (3) 1,800 C) Sidewalks (1780"x 6) @ $2.60 21,360 D) Curbs (17801), @ a.0.0 14,200 E) Entrances 3 x 3,000 9,000 F) Storm Drain Relocation 3 @'$5,000 15,000 G) Traffic Relocation:. - 1) Main & Center 10,000 =� 2) 2 at Center and 1st Avenue West 20,000 H} Striping 5,000 I) New street lights (5) 10,000 J) Purchase 12' row for 1780' @ $10 s.f. 213,600, K) Remove 1 large pole sign --,_. 1 r 30-000 L) Remove utility poles N.C. M) Remove landscaping & sign at 5th & Center.. 3,000 N) Install traffic signat at 5th & Center 120,000- 0) Transition across intersection at 5th & Center 51000 Sub -.total $500,960 IV. 4th Avenue W. N.(Idaho-Railroad Street) A) curbs (2 blocks) g) Sidewalks (2 blocks) C) Construct_ (2 blocks - not paved) D) Painting at railroad crossing Sub -total { V. 3rd Avenue W. N. (Idaho - Railroad Street) A) Curbs (2 blocks) B) Sidewalks (2 blocks) C) Painting at railroad crossing Sub --total VI. 2nd Avenue W. N. (Idaho - Railroad Street) A) Painting at railroad crossing Sub -total VII. 1st .Avenue W. N_ (Idaho - Railroad Street) A) Curbs (1 block) B) Asphalt overlay (1 block) C) Painting at railroad crossing VIII_ Off -site Utility Improvements (other) A) Sanitary (Service) B) Storm Drainage IX. 5th Avenue West (Center - llth Street) A) Widen Street/Street Reconstruction B) Curbs 6400' @ $8.00 C) Tree Removal D) Storm Sewers , Engineering and contingencies Sub -total Sub -total Sub -total Total GRAND TOTAL $10,240 12,800 70,000 500 $93,540 $10,240 12,800 500 $23,540 $500 $500 $5, 120 6,000 500 $11,620 $6,000 3,500 'A�, $9, 500 0 $300,000 51,200 10,000 N.C. - $361,000 $1,087,740 271,935 $1,359,675 Hammer explained that these costs are direct, indirect or closely associated with construction of the mall. Item I DPW Hammer explained that No. 1 item (widen Center Street from Main to First Avenue East) only came up last week after the Highway Department reviewed the project. They decided that instead of extending Depot Loop, they could widen Center from Main to First and avoid another traffic light. The cost would then have been about $200,000 so there is a savings in this change. No. 2 is listed as a direct cost. Item II Hammer explained that we need to eliminate the right turn .lane median off main Street into Depot Loop. The old one will remain and just eliminate the right turn Lane. This will be a direct cost. Item III Hammer explained that Center Street needs to be widened 10.feet,.in order. to provide a left turn lane so that east and west bound traffic can turn either north or south.. Item 0 - purchase of the .land is necessary to widen the street. 212. Item N - Councillman Bavor•hd stated that he had thought the traffic signals would cost $80,000, but Hammer replied that he has checked with the State and the cost is $120,000. Item III will be a direct cost. Item IV, V, VI & VII DPW Hammer stated that the above items pertaining to 4th Avenue W. N., 3rd Avenue W.N., 2nd Avenue W.N. and .lst Avenue W.N. could be direct or indirect. Hammer explained that he does not:!have-hhe:.16tett site plan, but understands that the architects are drawing in entrances from the north. If this is.true, it will involve streets, curbs and rail- road crossings on these four avenues. If they close these streets off, there will be none of this cost involved. So, until the new site plan is received, these costs are questionable. Mayor McDowell stated that he felt that this would not be a direct cost because these streets are in bad shhpe.anyway. Hammer replied that you have one problem - one of the streets has never even been paved and would require an SID,'and feels that the people would vote down an SID. Councilman Nystul stated that lst and 2nd have been reconstructed, but 3rd and 4th are bad. Councilman Grainger stated that if we do 3rd and 4th now, it will .look like we did them because of the mall. Councilman Nystul stated that we need to see the final site plan. The last time it was discussed they were going to build a fence from:Main to Fifth and not even let you walk through. Item VIII Hammer explained that the -off -site utility improvements are for sanitary and storm drain construction and are a direct cost so the mall can tie into our mains. Item IX Item IX is street reconstruction on 5th Street West from Center to llth'Street. It cannot be decided.if this cost is direct or indirect. Hammer said he had no idea. Councilman Saverud stated that there has been discussion abbut what to do with 5th Avenue West for as long as he has been here, and there is so much traffic for 9 months of the year because of the high school" -that there is a problem. It was dis- cussed before 11th Street was improved as a mini by-pass, so it could be considered related and associated, or indirect. Councilman Grainger stated that we talked abbut it way before the mall was heard of. Hammer stated that because it was discussed and not.f,a thing done about it and because we are not going to do a thing about it until the mall is built, it should be a direct cost. Councilman Grainger state-d that;:_we are going to have to do something, regardless, and also to 3rd and 4th Avenues West. He stated that he could not go along with 'direct cost' because something has to be done about these streets. Councilman Saverud stated that last week we discussed and reviewed with the committee the secondary .loan agreement and found that to be satisfactory and as the committee had power to act, we authorized the Mayot.to sign that. But, we also -in order to make the package complete -need to clarify our position with what we intend to do with off - site improvements. As we said earlier, the resolution that we have adopted, Resolu- tion 3484, passed last August, indicated that we would p.ledge..up to $400,000.00 of. tax increment for these improvements to make this project successful. When we pledged that increment, we did not actually know what ther,cost would be as we do not now,/ We have the best budgtt we have ever had ricjht'.now, but even that is sub- ject to change and subject to putting priorities on some things. Also, subject to whether we do some of it ourselves, contract it out and'how hungry contractors are. It looks like $400,00,01,00 is not adequate. Based on UDAG itself, we ought to be pre- pared to go a little farther. Hoping that we can convince the Council of that, City Attorney Neie.r has drafted a resolution and Section 2 of that resolution says that in the event $400,000 pledged by the City is not a sufficient amount for the design, con- struction and installation of all public utilities necessary, the City of Kalispell will make available tax increment monies as is necessary to compl.ett the design, construction and installation of all public utilities necessary for the construction of Kalispell Center, LTD. RESOLUTION 4352.47 Councilman Saverud moved to adopt.Resolution #3521.a resolution pledging tax incre- ment funds of the City of Kalispell for the design, construction and installation of of all public utilities necessary as aresult of the construction;of the Kalispell Center, LTD. Seconded by Councilman Nystul. Councilman Schindler stated that he would like it stated very clearly that all off - site improvements that are directly related to:.the mall be paid for out of tax incre- ment. Section.I could be reworded to accurately do this by adding all of the listed improvements in Section II so that everyone could be assured they would not be charged for an SID for anything related to the mall. 213. Councilman Nystul stated he would .like the mording changed to.add "in the Counci"I's judgement" so that we do not just give blanket coverage. Also, add to tax incre- ment funds, "any funds available for street reconstruction". There are gas tax monies and other funds that can be used for street improvements. Building streets should have access to any funds that any other street reconstruction would:. -have. Councilman Schindler stated that he dial not think it fair to use gas tax funds to repair streets connected with the mall project. These funds should be used to re- construct other streets. Councilman Nystul stated that Depot Loop is a road that needs to be resurfaced, whether or not the project goes. It needs to be done now and gas tax is a good source for -that one, yet it is in the project area. Councilman Springer asked why.there is no ceiling on the amount. He stated he felt uncomfortable with no ceiling and no further reference to Council.. City Attonnpy Neier stated that he did not put a cap on it. The Council should look at the list of improvements presented by DPW Hammer and decide if there is even more or if there is less. He could not put a figure in this resolution because no one knows how much it is going to be. Hammer's estimate is the best thing we have now. Director Gallagher stated that Item J, under Item III, in the amount of $213,600-00 might not be needed in actual cash. Talking with the Developer, this could be a credit on the loan., Neier agreed that the right-of-way owned by the railroad would not be actually purchased by the City. The Developer wants to obtain a credit on the UDAG loan for that amount. They stated that they did not expect to be compensated directly by the City. This does not leave out the fact that if this money is not coming from the Developer or to the City, it is going to cost us $200,000.00 some place else. Councilman Saverud stated that if we cut out the $213,600.00 and the $361,000.00 for Fifth Avenue West,then our actual increase would be $439,000.00. If it would make everyone more comfortable, we could redesign DPW Hammer's figures to around $800,000.00. Councilman Springer stated he still feels uncomfortable without a ceiling figure in the resolution. Councilman Nystul stated that the .language that he would propose - Section II - starting with line 3 - "The City of Kalispell will make available (delete the word 'such') tax increment or such money in the judgment of the Council are neces- sary to complete the design and construction of the public utilities necessary to de- velop the Kalispell Center, LTD. in an amount not to exceed X dollars." But your cap in there. Mayor McDowell asked if they wanted $800;000.00. Neier said he could see no problem with this figure. Councilman Schindler asked if this would mean that $400,000.00 would come out of tax increment and the other $400,000.00 would come out of gas tax. Council- man Nystul replied that it would mean "come out of where ever". Councilman Saverud asked if the Council would rather use wording that would limit it to not using General Fund money. We could use the gas increment, gas tax, grants or any money that was available, anything other than General Fund. Councilman Schindler stated he could`go along with everything but using gas tax money for this purpose. In- directly it would be OK but not for any direct use. Councilman Springer asked City Attorney Neier to spell out as specifically in Section II as in Section I the uses for this money. Councilman Nystul stated that the purpose of this resolution is to indicate to the Developer our intentions and not to make a firm budget commitment of this Council. Councilman Saverud explained that if there is a difference of $400,000 or $500,000 in completing the public utilities, then there could be a problem with the remainder of the financing. It does not become a good business deal for -them to become involved with. DPW Hammer stated that it Fifth Avenue West could be comes available. it would Council deemed ;necessary. be taised, do it in the sa double it and if that does their project, then I do n is hip opinion that the portion of the project involving done over a 3 year period, using tax increment as it be - always be associated with the mall and could be used as the Councilman Springer agreed and added that if the cap has to me manner we are doing today. Councilman Springer said "Let's not give them the idea that this Council is in support of of know what would". DPW Hammer stated that he thought he could make his budget work with this figure. Some of the streets may not go in the project and other things may be added, but it should be close. Councilman Grainger asked why there is such a hurry on this. It was explained that cer- tain papers had to be mailed to the Developer by 4:30 P.M. today. Gallagher explained that when the City first met with the architects and saw the pro- posed fence, they said what we want is fire protection. The Developer and railroad agreed to it, so it is something mutually agreed upon. The streets going into that area are entering railroad property and Railroad Street has never been a dedicated City street. It is an area that needs to be looked at. J 214. Councilman Saverud suggested that if the.work is contracted, the bids might come in at less than our estimate. City Attorney Never presented the following change to the proposed resolution: Section II. In the event the Four Hundred Thousand Dollars ($400,000.00) for the de- sign, construction and installation of all public utilities, including -but not limited to -street i.mprovements,.upgrading of sanitary sewer, storm sewer, water improvements, improvements of traffic circulation, signa.lization and all other public utilities, the City will make available tax increment monies or such other monies which in the Council's judgement are necessary to complete the design, construction and installation of all public utilities., herein designated, necessary as a result of the construction of Kalispell Center, LTD. up to an amount of something over $800,000.00. Councilman Saverud stated he would prefer a round figure of $800,000 or $900,000. DPW Hammer stated that the reason he is interested in keeping it to just tax increment monies is because our Street Department -could spend the whole summer over there on Center Street -you could have the Parks Department over there cutting down trees -you could have the whole City's forces tied up doing this work trying to save money to keep this figure at $400,000.00. If you can;just use tax increment monies and contract out, it would free City crews. This is something for you to think about, but if the Council so directs, no problem. In this year's budget, there are plans to reconstruct 30 blocks of streets. The estimated costs prepared reflect cost of contracting out. Councilman Saverud stated that in.-�order to get it done probably would have to he contracted out. Councilman Springer moved to amend the new wording to say $800,00C.00. Seconded by Councilman Nystu.l. Motion carried. Councilman Springer moved to amend the cap to say ".in an amount-nbt'to exceed $800,000.00". Seconded by 0ounci.lman Saverud. Motion carried. Question called on resolution vote. Roll call vote. Councilman Schindler voted nay. All others voted aye. Resolution adopted. LICENSE & PERMIT BONDS Ray Crume DBA Pioneer Plumbing Plumber Bond Councilman Grainger moved that all license and permit bonds reviewed by City Attorney Neier be accepted. Seconded by Councilman Ny,§tul. Motion carried. RIGHT-OF-WAY Councilman Saverud reported that in the. budget HUD approved for the UDAG, they included $200,000.00 for the Developer to have for off -site improvements. BNRR is contributing the .land to the partnership and the Developer is carrying it from there. The Developer came up with the cost of right-of-way question and in disussing it with City Attorney Neier and DPW Hammer, it would be beneficial to the whole project if instead of donating this to the City, that they got credit an• their off -site improvements. It does mean the:Developer will .lose parking space. Councilman Saverud moved that Mayor McDowell be authorized to write to the Developer, Goodale & Barbierri and inform them of what we need. Seconded by Councilman Springer. City Attorney Neier explained that the City needs 12' right-of-way--dddicated to the City as a street. The Developer feels they are contributing to the City and should get something for it. They have indicated they would consider credit on the UDAG agreement. Question called. Motion carried. Councilman Grainger moved to adjourn. Seconded by Councilman Springer. Motion carried. Minutes approved as presented July,16, 1984. .00 LeR 1, ayor I� ATTEST: Marjori Giermann, City Clerk -Treasurer 1