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07/16/12 City Council MinutesARRIVED . Also present: City Manager Doug Russell, City Attorney Charles Harball, City Clerk Theresa White, Police Chief Roger Nasset, Public Works Director Susie Turner, Planning Director Tom Jentz, Finance Director Rick Wills, Airport Manager Fred Leistiko, and Deputy City Clerk Judi Funk. Mayor Fisher called the meeting to order and led the Pledge of Allegiance. Gabriel moved to approve the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Hafferman absent. 1. Council Minutes — Regular Meeting — July 2, 2012 2. Proclamation — Flathead CARE Glacier Rally in the Rockies Weekend Saverud moved to approve the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote with Hafferman absent. Jamie Loren, 29 8th Street East, encouraged council to factor Quiet Skies' concerns into their discussion regarding the airport and presented the proposed referendum language to put the issue back on the November ballot. Pam Carbonari,14 3rd Street East, thanked council and volunteers for participating in the graffiti clean up this past weekend and asked council to acknowledge the Center for Restorative Youth Justice's contribution. Carbonari also asked for help with flower pot thefts on Main Street and urged anyone with information on the thefts to contact the KPD. Mayor Fisher opened the public hearing. Kalispell City Council Minutes July 16, 2012 Page 1 Rick Hull, 436 6th Avenue West, commented he is concerned that monies that should be solely spent for urban forestry are helping to fund the city manager and information technology budgets. Mayor Fisher closed the public hearing. E. PUBLIC HEARING — SPECIAL IMPROVEMENT DISTRICT #345 — WILLOWS SUBDIVISION SID #345 would finance storm water improvements in the Willows Subdivision. Mayor Fisher opened the public hearing. Angela Mielke, 280 Buttercup Loop, commented she has been told this is a unique situation and not the homeowners' fault. She asked council to approve the SID and look for additional funding assistance to bring the storm sewer up to city standards in order to preserve their home values. Mark Armstrong, 270 Buttercup Loop, remarked the SID will be the solution to the storm drainage issues, but the cost to homeowners is high and they won't be the only ones benefiting. He said the city should explore the possibility of grant funding and asked the issue be placed on a work session to address council. Brock Anderson, 251 Buttercup Loop, said some of the biggest storm water issues are created by Leisure Heights and Muskrat Slough; they will benefit from the SID without sharing in the cost. He said he is in favor of the SID, but would like the city to look at other options as well. Penny Brambrink, 223 Buttercup Loop, commented they asked the city for help with this issue years ago and received nothing. She said some of the homeowners have spent a great deal of money fixing their water issues and are now being asked to help pay to fix everyone else's problems. Tim Kluesner, Ward 4 Council Member, read a letter on behalf of Larry Bauer, 22 Honeysuckle Lane, who stated he thought the homeowner's poll was to research options for the problem, not for the creation of an SID. 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) Resolution 5572 accepts the recently completed Kalispell City Airport Master Plan Update and approves the option described in Chapter 6 as Site 1, Option B. Staff answered questions. Kalispell City Council Minutes July 16, 2012 Page 2 Public Comment Todd Gardner, 3100 Highway 93 South, commented he will work with the city and the future of KGEZ regardless of what the city decides on the airport and he does not need members of the council interfering with his business relationships. Chad Graham, 105 Moes Run, remarked government funded projects tend to go over budget and his fear is that the airport will not be self -funding which will impact taxpayers. Pam Carbonari, representing the Kalispell Downtown Association and the Kalispell Business Improvement District, reiterated their support for the airport upgrade and stated it is time to move forward with the project. Janelle Gentry, 948 7th Avenue East, asked council to move ahead with the project because it is an opportunity for future aviators. Peter Gross, Kalispell Air Repair, asked council to support the upgrade, stating it would be a disservice to business owners if TIF funding is used when federal funds are available which comes from pilots. Jamie Loren, 28 8th Street East, disagreed, noting anyone using commercial aviation pays into the federal funds, not just pilots. Scott Davis, 448 5th Avenue West, representing Quiet Skies, remarked he has received hundreds of telephone calls about the airport and the issue will be on the November 2013 ballot. Atkinson moved Resolution 5572, a resolution to accept the Kalispell City Airport Master Plan Update submitted by Stelling Engineers, Inc. on April 4, 2012 and to approve the plan alternative to develop the airport in collaboration with the Federal Aviation Administration as described in Chapter 6 of the subject Master Plan Update as Site 1, Option B: Existing Site with ARC B-II standards. The motion was seconded. Council Discussion Hafferman commented the city will lose control if it accepts the FAA funds. He said the FAA wants a bigger airport for bigger aircraft and he feels people should be allowed to vote; otherwise the issue will never die. Guiffrida remarked he has already voiced his objections including concerns about future funding and private property rights. He said the airport will be a fiscal disaster because it will not be able to stand on its own. Saverud said this issue is one of safety and we must leverage the FAA funding in order to realign and lengthen the runway, and shift the helicopter operation to the south. Mayor Fisher commented the upgrade would take money from the tax roll which takes money from the school districts and she is not putting airplanes ahead of education. In addition, she is opposed to taking out a loan to purchase property when the city is not yet fiscally stable. Kalispell City Council Minutes July 16, 2012 Page 3 Atkinson remarked that short term loans are reimbursed quickly and he will continue to support the resolution and vote in favor of the community. The motion carried upon roll call vote with Atkinson, Gabriel, Kenyon, Saverud, and Zauner voting in favor and Guiffrida, Ilafferman, Kluesner, and Mayor Fisher voting against. Ike Braden has requested appointment to the Revolving Loan Fund Committee. Mayor Fisher recommended that Braden be appointed to the Revolving Loan Fund Committee. Saverud moved council accept the Mayor's recommendation and appoint Ike Braden to the Revolving Loan Fund Committee. The motion was seconded. Council Discussion None. The motion carried unanimously upon vote. Russell updated council on various issues and reminded them a legislative update meeting is scheduled for Tuesday at 1:30 pm in the council chambers. Mayor Fisher said the Event at Rebecca Farm was wonderful, and thanked Guiffrida for organizing the graffiti removal event on Saturday. Guiffrida thanked the businesses, organizations and volunteers involved in the graffiti cleanup. 1 .. The meeting was adjourned at 9:26 p.m. eresa White City Clerk Approved August 6, 2012 Kalispell City Council Minutes July 16, 2012 Page 4 7/12/12 To: Theresa White, Kalispell City Clerk From: Edward Donald Kiehn Re: For the Willows SID Public Hearing to be conducted by the City Council on 7/16/12 As we discussed in today's phone conversation, owing to the fact that we had moved to Helena almost three years ago and our mortgage company was paying the property taxes, I had forgotten to change our home address to Helena. The Post Office was no longer forwarding mail, so I received notification of the proposed SID only a couple of days ago. My wife Lynne Dixon is a seasonal GNP ranger residing in the summers in East Glacier Park while I maintain our home in Helena. She handles all of our property documents, so I will have to state herein our general concerns, but will be able to provide detailed documentation after she comes home to Helena this weekend. I could email any further needed details on Monday before the meeting. We own the property described as "2128 21 The Willows Unit 1 Lot 19" located at 119 Beargrass Lane as a rental unit. Several years ago we learned that the property was receiving significant yearly flooding into the yard, and fans were installed under the house floor to promote drying. Adding to the problem was an uphill neighbor who actually piped his overflow storm water into our yard! We worked in agreement with the city, together with another afflicted neighbor, to install French drains and relocate/rebuild fencing to handle the excess storm water on our properties. We split the expense with that neighbor, our part being in the range of $7000 — 8000. For its part, the city tore -up sidewalks to redirect storm water into the street. Our position is that we have already spent a large amount of money to effectively remediate the inadequate storm water diversion and detention facilities that allowed yearly flooding of our property in The Willows. We are not protesting the SID per se, but since several years ago we found we had no option but to make a large expenditure to basically save our property from ruin owing to the yearly flooding, we believe we shouldn't now be expected to pay an additional assessment of $4500 to bring the whole Willows SID up to city standards. This remedial project, which we personally bankrolled in collaboration with another neighbor, was designed and accomplished carefully in accordance with the city's directives at the time. We strongly feel that we should be exempted from any further assessments in this regard. A signed hard copy of this letter will be in the mail 7/13/12. Thank you for your consideration. Edward Donald Kiehn & Lois Lynne Dixon 823 Gilbert St., Helena, MT, 59601 qol CJ.�� s.�r��r�$ .Cod�.Q.. - c�G o(� "T' 8 N �a� V� �a3 � . ��Stwc��f�lU�45�i� T,�np�Gueu��+ '' I q I IC-� cHriP,kw2m4rr�'��h�.ekNC.3y5. ) UaL Q�L- mnv---b e r Tim Kluesner From: Larry Bauer <Larry@ourbank.com> Sent: Monday, July 16, 2012 5:18 PM To: Tim Kluesner Subject: Re: SID Protest Tonight Attachments: Larry Bauer.vcf I signed a petition to look into options and not to move forward with SID - I signed only to look at options and was informed a vote would not take place until more discussions happened. now it is a reverse vote to stop the SID. Now many other people signed the original petition just to look into options and are now being required to live with this decision under false pretenses of the original petition. I disagree that there was 76% owners signed in favor of SID - it was signed to look into options not move forward. Larry Bauer First Security Bank PO Box 279 Fort Benton, MT 59442 Phone: 406-622-2003 Fax:406-622-2001 NMLS # 405846