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1, Council Minutes - Regular Meeting - March 5, 2012A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, MARCH 5, 2012, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR TAMMI FISHER PRESIDED. COUNCIL MEMBERS JIM ATKINSON, PHIL GUIFFRIDA, BOB HAFFERMAN, RANDY KENYON, TIM KLUESNER, WAYNE SAVERUD, AND JEFF ZAUNER WERE PRESENT. COUNCIL MEMBER KARI GABRIEL WAS ABSENT. Also present: Interim City Manager Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Finance Director Amy Robertson, Planning Director Tom Jentz, Senior Planner Sean Conrad, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Saverud moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. B. CONSENT AGENDA APPROVAL Council Minutes — Regular Meeting — February 21, 2012 2. Award Bid — 2012 Chip Seal Project Two bids were received for the 2012 Chip Seal Project. Staff is recommending the contract be awarded to Pavement Maintenance Solutions in the amount of $230,724.70. The second bid, from Cook Painting, was unresponsive. Area Wide Planning Pilot Program (Moved to Main Agenda as Item D/5) 4. Proclamation —Girl Scouts 100th Anniversary Atkinson moved to approve the Consent Agenda. The motion was seconded. Hafferman moved to remove Item #3, the Area Wide Planning Pilot Program, from the Consent Agenda and place it on the main Agenda as Item D/5. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Gabriel absent. The main motion, as amended, carried unanimously upon vote with Gabriel absent. The Girl Scouts of Troop 3388 read the Proclamation. C. PUBLIC COMMENT Kalispell City Council Minutes March 5, 2012 Page 1 Corey Johnson, 133 Sherry Lane, representing CTA Architects and Engineers, stated they were excited to be recommended for the Area Wide Planning Grant, and will be happy to help to revitalize the area. Fred Hammel, 505 7th Avenue West, asked why there was no city manager form of government study commission election held in 2009, and stated that someone is breaking the law by not following the Constitution. D. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION D/1. RESOLUTION 5548 — RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING — IMPACT FEES — WATER (Tabled February 21) Resolution 5548 schedules a public hearing on a proposed adjustment to the Kalispell Water Utility impact fees. Staff is recommending the resolution be tabled for a second time pending the completion of a requested report. Public Comment None. Zauner moved to table Resolutions 5548 and 5549 until the report is complete. The motion was seconded. The motion to table carried unanimously upon roll call vote with Gabriel absent. D/2. RESOLUTION 5549 — RESOLUTION OF INTENT & CALL FOR PUBLIC HEARING — IMPACT FEES — SEWER (Tabled February 21) NOT ACTED ON D/3. RESOLUTION 5550 —AUTHORIZING ISSUANCE OF REVENUE NOTE —WEST SIDE TAX INCREMENT URBAN RENEWAL DISTRICT Four financial institutions submitted funding proposals for certain approved West Side Urban Renewal projects. Staff is recommending the council accept the funding proposal from Rocky Mountain Bank. Harball gave a report and answered questions. Public Comment None. Zauner moved approval of the amended redline version of Resolution 5550, a resolution relating to West Side Tax Increment Urban Renewal District Revenue Note, Series 2012; authorizing and directing the issuance, and sale and prescribing the form and terms thereof and the security therefor. The motion was seconded. Kalispell City Council Minutes March 5, 2012 Page 2 Council Discussion Hafferman remarked that this is double taxation and the Westside TIF is skimming money from property taxes. He said this is government at its worst, a scam, and he is not voting in favor of it. Kluesner commented this is worth it to get some water lines, but he doesn't agree with extending the life of the TIF for other possible uses down the road and he would rather create a new TIF. He said the Westside TIF should be sunsetted and the funds distributed. Atkinson rebutted that TIFs do a lot of good and they are a good tool for growth; they are the best way to help Kalispell and community businesses grow. Mayor Fisher remarked that various entities support this project moving forward and it is not a scam, it is a well -vetted plan which has good projects. Saverud agreed. The motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Saverud, Zauner and Mayor Fisher voting in favor, Hafferman and Kluesner voting against, and Gabriel absent. D/4. ORDINANCE 1712 —UPDATES —ZONING ORDINANCE — 1ST READING The Kalispell City Planning Board is recommending a text amendment to update and revise three sections of the zoning ordinance. Jentz gave a report and answered questions. Public Comment Michael Taylor, 110 Collier Lane, stated that he is the applicant for the doggy day care center and described what they would like to do. Saverud moved first reading of Ordinance 1712, an ordinance amending the City of Kalispell Zoning Regulations codified at Chapter 27 of the Kalispell Municipal Code, declaring an effective date, and authorizing the city attorney to codify the same. The motion was seconded. Council Discussion Guiffrida remarked the planning board felt the doggy day care was a good project. The motion carried unanimously upon roll call vote with Gabriel absent. D/5. AREA WIDE PLANNING PILOT PROGRAM (Removed from Consent Agenda) Qualifications were solicited for a Core Area Revitalization Plan and staff is asking for council authorization to negotiate a contract with CTA not to exceed $30,000 in grant funds. Conrad gave a report and answered questions. Kalispell City Council Minutes March 5, 2012 Page 3 Public Comment Chris Hall, 115 West Evergreen Drive, suggested that some old uses for infrastructure are not totally dead and that we might need to use the grain towers for something. Atkinson moved that council award the contract to CTA Architects and Engineers for the Area Wide Planning Program project. The motion was seconded. Council Discussion Hafferman remarked this is a good example of how the city contributes to the federal debt because we are just going to end up with nice drawings sitting on a shelf. He said it will take big money to move Cenex and Northwest Drywall and that the businesses need to be consulted before anything happens. Guiffrida stated that Cenex and Northwest Drywall are interested in moving, but it is a question of funding. He said it is important to look at both options and we are just in the planning stages. Mayor Fisher commented that she agrees it is important to look at both options, because the tracks are not guaranteed to go anywhere. She said we need to imagine what the core area could look like both with and without the tracks. Atkinson remarked he appreciates councils' conservatism and caution, but the city needs a vision to see what we can do and we need to plan for it. Zauner and Saverud agreed. The motion carried upon roll call vote with Atkinson, Guiffrida, Kenyon, Kluesner, Saverud, Zauner, and Mayor Fisher voting in favor, Hafferman voting against, and Gabriel absent. E. MAYOR/COUNCIL/INTERIM CITY MANAGER/REPORTS (No Action) Harball noted that Joe Russell will be at the March 12 work session to discuss mosquito control. Council relayed "Get Well Soon" wishes to Councilwoman Gabriel. F. ADJOURN The meeting was adjourned at 8:02 p.m. Theresa White City Clerk Kalispell City Council Minutes March 5, 2012 Page 4