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01. Council Minutes - Regular Meeting - January 23, 20121 30►in ► IMO !A I im a VoW Also present: Acting City Manager Charles Harball, City Clerk Theresa White, Chief of Police Roger Nasset, Planning Director Tom Jentz, Revolving Loan Fund Manager Wade Elder, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. 11rinvirmilimm" M., There was no discussion. 1, Council Minutes — Special Meeting — January 4, 2012 2. Council Minutes — Regular Meeting — January 9, 2012 Stillwater River Bank Stabilization Project Five bids were received for this project from HK Contractors, LHC, Les Schlegel Enterprises, Paveco, and Sandry Construction. Staff recommended the contract be awarded to LHC in the amount of $296,985.15. There was no discussion. The motion carried unanimously upon vote. None. The public was invited to speak on the projects proposed to be added to the West Side Urban Renewal Plan. Kalispell City Council Minutes January 23, 2012 Page I Mayor Fisher opened the public hearing. Proponents None. Opponents None. Mayor Fisher closed the public hearing. (Letters received prior to and during the public hearing are attached hereto and made a part of the official record) ORDINANCE 1711 — AMENDMENT — WEST SIDE URBAN RENEWAL PLAN — IST READING Ordinance 1711 amends the existing plan to include the demolition and remediation of under-utilized or vacant structures/lots, and public infrastructure improvements including the Meridian/Appleway intersection and the Colorado Street water main looping. Harball gave a report. Ben Johnson, Kennedy & Graven, Bond Counsel, gave a presentation and answered questions. Public Comment Pam Carbonari, 14 3rd Street East, representing the Business Improvement District and the Kalispell Downtown Association, noted both organizations are in favor of Ordinance 1711 and believe it will be a great asset to the downtown core. She asked council to vote in favor of the Ordinance. Joe Unterreiner, Chamber of Commerce President, remarked the Chamber is on record in support of the projects. # WIM77A.W1 1 - I I F 9 tYe I—PAIvael�.Airo-rtaTa I F #, I Irgi I fill# Council Discussion Hafferman commented he will be voting against this because the proposal is a ruse to hoodwink the public. He said there is no tax relief for taxpayers and this is "fiscal mismanagement" to dream up projects just to extend the life of the TIF district. Kalispell City Council Minutes January 23, 2012 Page 2 P4_'uesner moved to amend Section I.e. to read, "The City fflevy will also establish a revolving Foan fund ...... The motion was seconded. There was no discussion. The amendment carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, fit There was no further discussion. The main motion, as amended, carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. Public Works staff recommended a traffic study in the area of the Meridian/Appleway intersection to help determine the extent of work required to improve the level of service in that area. Staff is requesting council approve a contract with Stelling Engineering to conduct the study at a cost of no more than $11,000. Harball gave a report and staff answered questions. Public Comment None, Gabriel moved council approve the contract with Stelling Engineering to conduct a traffic study of the Meridian/Appleway intersection. The motion was seconded. L8=1 Hafferman remarked that the Willow Creek traffic study looked at this intersection in 2007 and found a level of service of C, or acceptable. He said Appleway is essentially a dead-end road and he sees no need for a traffic study. Mayor Fisher disagreed, stating she crosses this intersection about three times a day and it does need improvement. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. Council was asked to vote on a motion to bring a resolution forward regarding the continuance, modification, or discontinuance of the Transportation Impact Fees. Kalispell City Council Minutes January 23, 2012 Page 3 Harball gave a report and staff answered questions. Chad Graham, 105 Moes Run, remarked we need to make Kalispell as business -friendly as possible and eliminate the transportation impact fees, adding impact fees are anti -growth. Joe Unterreiner, Chamber of Commerce President, noted they have always been in opposition to impact fees and asked for their repeal or reduction. Pam Carbonari, representing Great Bear Builders, said she does not believe that impact fees are inhibiting growth; it's the present economy. She asked council not to discard the impact fees which would be like "throwing the baby out with the bath water". Merna Terry, 207 Milky Way, also commented that impact fees are not the only reason people are not building. She said the council needs to be looking at other alternatives to raise funds for roads and incentives that could be helpful to businesses. Guiffrida moved council discontinue the transportation impact fees and rebate the amounts M 2012. The motion was seconded. Guiffrida remarked that by eliminating the transportation impact fees we can start to turn the economy around. Zauner agreed, stating we need to send a message to the business community that Kalispell is open to businesses. Hafferman said the impact fees should not be eliminated, but they are out of line with the actual needs and should be cut by 60%. Mayor Fisher remarked everyone agrees the formula for the transportation impact fees is flawed and it doesn't make sense to continue using it. She said she believes there is a better way and we need to remove the barriers to economic recovery. Kluesner commented it is in the best interest of the community to encourage growth and we should be offering incentives to bring shoppers here. He said we can create jobs by giving up impact fees. Saverud insisted this is one of the tools we need to keep. He suggested we suspend the fees temporarily but not throw them out. Kenyon agreed, stating this is an arbitrary, drastic action and there is no evidence that it will bring more jobs. He called this plan "a hope and a prayer" and said the taxpayers will be the ones that pay. Kalispell City Council Minutes January 23, 2012 Page 4 Atkinson remarked that growth should pay for itself, not the taxpayer. He encouraged council to vote against the motion. The motion carried upon roll call vote with Gabriel, Guiffrida, Kluesner, Zauner, and Mayor Fisher voting in favor and Atkinson, Hafferman, Kenyon, and Saverud voting against. [T�14. RESOLUTION 5545 — PRELIMINARY PLAT EXTENSION — SILVERBROOK ESTATES PHASE This is a request for a two-year extension of the preliminary plat of Silverbrook Estates Phase 2 which includes approximately 167 acres located at the southwest corner of the intersection of Highway 93 and Church Drive. Jentz gave a report. David Mitchell, 249 Sherry Lane, asked council to approve the extension. Atkinson moved Resolution 5545, a resolution approving a two-year extension to the preliminary plat of SilverbrookPhase 2. The motionseconded. None. i' f •t t !1 1 r I UN U1191,10 Council discussed the appointment of City Attorney Charles Harball as Acting or Interim City Manager until the position is filled. Public Comment Qri" Saverud moved Charles Harball be appointed as "Interim" City Manager. The motion was seconded. Gabriel said the definitions of "interim" and "acting" provided by staff was very clear to her and it makes sense to have an Interim City Manager rather than an Acting City Manager. Kalispell City Council Minutes January 23, 2012 Page 5 Hafferman remarked that he does not believe it is appropriate under the circumstances to appoint Harball as Interim as it wields too much power. The motion carried upon roll call vote with Atkinson, Gabriel, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, and Hafferman voting against. Harball said unless there is an issue council would like to discuss, there will be no work session on Monday, January 30. Mayor Fisher summarized a recent meeting she and Atkinson attended with representatives of the Evergreen Sewer District. Gabriel remarked that the City Manager search committee has met and there are some good candidates. msnff�—, The meeting was adjourned at 8:46 p.m. Theresa White City Clerk Kalispell City Council Minutes January 23, 2012 Page 6 ohm: e o=Comp Providing Economic, Community, and Workforce Development Services www.kalispellchamber.com January 3, 2012 The Honorable Mayor Tammi Fisher and Members of Kalispell City Council City of Kalispell 201 First Avenue East Kalispell, MT 59901 Re: Westside Urban Renewal District Projects: Support for Recommendations of the Urban Renewal Agency Dear Mayor Fisher and Members of City Council: On behalf of our Board of Directors and membership, I would like to express the support of the Kalispell Chamber of Commerce for the recommendations made by the Urban Renewal Agency for projects to amend into the Westside Urban Renewal District. Tax increment funding has been used for good effect in the Westside District. Funds used for the acquisition and remodel of the TeleTech space and for related improvements, and transportation and storm water improvements have strengthened our community and the overall business climate. We also support the proposed creation of a $750,000 revolving loan fund for demolition and remediation of obsolete structures including the Kalispell Lumber property and for the infrastructure improvements. These are good uses of tax increment funds and will help to prepare under-utilized structures for redevelopment. We think that the acquisition and/or swapping of property to accommodate additional parking for TeleTech is best deferred until terms have been reached on the lease renewal for TeleTech. I would like to thank the Council for its diligence and foresight in taking the steps that will return Kalispell to growth and accelerated job creation. By taking this step, you will enable private investment to be directed and leveraged with tax increment funds, Brownfield funds, and other sources that will benefit not just Kalispell, but the entire region. Sincerely, Joe Unterreiner, President �talispell Chamber of Commerce OFFICE 406.758.2800 * 406.758.2805 FAX • 15 Depot Park, Kalispell, MT 59901