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05/03/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M. MAY 3, 2004, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HAFFERMAN, BOB HERRON, RANDY KENYON, DUANE LARSON AND JAYSON PETERS WERE PRESENT. COUNCIL MEMBER HANK OLSON WAS ABSENT. Also present: City Manager Chris Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director Mike Baker, Police Patrol Sergeant Scott Warned, Public Works Director Jim Hansz, and Tri-City Senior Planner Narda Wilson. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Kenyon moved approval of the Agenda with the following change under Agenda Item E/2: Replace Resolution 4883 with Resolution 4883—A. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regular Meeting — April 19, 2004 2. Request for Whitefish Stage Road Speed Zone Study Staff asked for the go ahead to initiate a speed zone study of Whitefish Stage Road and provide direction on whether to hold a preliminary meeting with the Montana Department of Transportation. 3. Proclamation —National Pra er Daffy 6, 2004 Kenyon moved approval of the Consent Agenda. The motion was seconded. Mayor Kennedy explained that with acceptance of item #2, the request for a speed zone study of Whitefish Stage, Council will also be waiving its desire to have a preliminary meeting with MDOT. The motion carried unanimously upon vote. C. STUDENT ISSUES None. D. HEAR THE PUBLIC Clifford Kipp, Montana Conservation Corps, thanked the Parks Department, Albertson, The Waste Not Project, New World Recycling, Plant Land, and Northwest Portable for their help in establishing a community garden. Kalispell City Council Minutes May 3, 2004 Page 1 Lila Kruckenberg, 1204 Sunnyside Drive, spoke in opposition to Agenda Items E/ 10, E/11, E/ 12 and E/14. She commented it appears that the Tri-City Planning Office is recommending an R-4 zoning designation, regardless of the initial request, because an R-4 brings in more tax revenues. Kruckenberg stated she's against any additional R-4 zoning in the Sunnyside area because the roads are not adequate to handle current traffic. She also asked how the Council will handle these R-4 properties if the Montana Supreme Court rules against the City in a current court case filed over a subdivision in this area. Kruckenberg asked Council members to consider very carefully their approval of these dense subdivisions. Angie Kruckenberg, 1116 Sunnyside Drive, also spoke in opposition to the R-4 designations, stating there are no buffer zones. She said this is not good planning, fair or equitable. Kruckenberg said there are laws to be followed, yet the Council repeatedly breaks the law and that is why the lawsuit was filed. Kruckenberg commented the City and the developers should be thinking of the community, not just the money that can be made. She said there isn't room for all the traffic generated by these subdivisions and it's time to think of the safety of citizens. Dulane Fulton, 1035 Ashley Drive, spoke in opposition to E/10 and E/I 1, and commented he can't understand how something can be changed with a stroke of a pen. He said covenants were drawn up in the 1930's stating there would only be one dwelling per lot in the Ashley Drive area. Fulton said he doesn't know whether people realize how lucky they are to have this open area, but they sure use it. He said once this open space is gone, you can't get it back, and asked the Council to look toward the future, not just the budget. Debbie Willis, 400 Marco Bay Road, Somers, spoke in favor of her subdivision request on Sunnyside Drive, stating covenants were also mentioned at the Planning Board hearing and none were found, adding she paid for a subdivision guarantee from Citizen Title. Willis said this is a minor subdivision and at the most there will be four lots on an acre and a half, Erica Wirtala, Sands Surveying, spoke in favor of E/ 13 and E/ 14. She said all conditions have been met as outlined in the preliminary plats and asked the Council to approve the final plats. Norman Beach, Managing Partner for Nolan Holdings, LLC, said last year he requested an R-4 zoning designation for the Greenery property and met with a lot of opposition. Since then, he said he has been "neighboring" and is back before the Council asking for an R-5 zoning designation. Beach said he feels the majority of the neighbors' concerns over their views have been met and asked for Council support. E. REPORTS/RECOMMENDATIONS AND SUBSEOUENT COUNCIL ACTION E/I. RESOLUTION 4882 — AWARDING BID FOR THE WATER SYSTEM REVENUE AND REFUNDING BONDS Two bids were received at noon today for the sale of $1,840,000 in water system revenue and refunding bonds. Staff recommended the bid be awarded to D.A. Davidson & Company of Great Falls. Kenyon moved Resolution 4882, a resolution relating to $1,840,000 water system revenue and refunding bonds, Series 2004; awarding the sale thereof and approving the official statement relating thereto. The motion was seconded. Kalispell City Council Minutes May 3, 2004 Page 2 Kukulski gave a staff report explaining the bids from D.A. Davidson and Piper Jaffray were reviewed this afternoon with D.A. Davidson offering a true interest rate of 4.3245% and Piper Jaffray 4.3667%. He said the refinancing portion will result in cost savings ofjust under $140,000. Hafferman said he is opposed to both the water and sewer bonds, stating these projects are against the regulations and are being financed by credit card buying instead of sound financial responsibility. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/2. RESOLUTION 4883 —AWARDING BID FOR SEWER SYSTEM REVENUE BONDS - REPLACED WITH — RESOLUTION 4883A — REJECTING BIDS FOR SEWER SYSTEM REVENUE BONDS Two bids were received at noon today for the sale of $1,675,000 in sewer system revenue bonds. Staff recommended the bids from D.A. Davidson of Great Falls and Piper Jaffrey be rejected. Atkinson moved Resolution 4883-A, a resolution rejecting bids for $1,675,000 Sewerage System Revenue Bonds, Series 2004. The motion was seconded. Kukulski explained after opening the sewerage system bonds, which came in at over five percent, staff decided to reject the bids and apply for Montana Board of Investments funding. He said at a rate of about 3.75 percent, that route would save the City approximately $165,000. Kukulski clarified, however, that by using the Montana Board of Investments, refinancing will not be possible in the future. Peters asked why the City doesn't consider using BOI monies for the water bonds also, since the rate is much lower. Kukulski stated the water bonds also included refinancing a 1996 bond and the Board of Investments doesn't allow refinancing. The motion carried unanimously upon roll call vote. E/3. RESOLUTION 4884 — BUDGET AUTHORITY FOR CDBG GRANT The City has received a CDBG grant in the amount of $324,500 to provide down payment and closing cost assistance for first time homebuyers and budget authority is required. Kenyon moved Resolution 4884, a resolution amending the annual appropriations of the City of Kalispell, Montana, as set forth in the 2003-2004 budget adopted by the City Council for the purpose of acceptance of a first-time homeowner's grant. Kukulski gave a brief staff report. Atkinson congratulated the Community Development Department on its continuous success in receiving these highly competitive grants. Kalispell City Council Minutes May 3, 2004 Page 3 The motion carried unanimously upon roll call vote. E/4. RESOLUTION 4885 — DOWNTOWN BUSINESS IMPROVEMENT DISTRICT WORK PLAN AND BUDGET AND SETTING A PUBLIC HEARING The Downtown Kalispell Business Improvement District Board of Directors has developed a work plan, budget and method of assessment as required by state law. This resolution sets a public hearing for May 17th for anyone wishing to comment on the documents. Larson moved Resolution 4885, a resolution of intention to adopt, revise or reject the recommended work plan, budget and assessment for the Kalispell Downtown Business Improvement District and to call for a public hearing. There was no discussion The motion carried unanimously upon roll call vote. E/5. RESOLUTION 4886 — ANNEXATION REQUEST — NOLAN HOLDINGS, LLC/ THE GREENERY Nolan Holdings is requesting annexation of approximately 4 acres located on the southwest corner of Four Mile Drive and Hwy 93 North. Larson moved Resolution 4886, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Nolan Addition No. 344; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Mayor Kennedy asked for a staff report on the annexation only. Hafferman requested that the annexation, zoning and preliminary plat requests be reviewed together. Mayor Kennedy asked if there would be any problem discussing all of the issues at the same time. Harball said he can see Hafferman's point, but he's concerned opinions will overlap. Mayor Kennedy determined the annexation request will be handled separately from the zoning and PUD. Hafferman said he has no objection to separating the issues if he can ask questions. Mayor Kennedy directed Wilson to give a staff report combining all three agenda items. Wilson explained the request by Nolan Holdings, LLC is for annexation of approximately 3.8 acres located at the intersection of Highway 93 and Four Mile Drive that is currently zoned SAG-10, Suburban Agricultural. Wilson said theplanning board discussed the proposal and has recommended the City Council annex the property with a zoning designation of R-5, Residential/Professional Office, with a Planned Unit Development overlay. She said R-5 allows for duplexes, single-family dwellings and professional offices and acts as a buffer district between commercial and residential Kalispell City Council Minutes May 3, 2004 Page 4 areas. Wilson said she feels this proposal makes a good transition zone between the college, the sports complex, the residences and the church. Wilson said the preliminary plat is for a ten -lot mixed use subdivision with six duplex townhouse lots on one acre and four commercial lots on three acres. Mayor Kennedy instructed the Council they can now ask questions on any of the three requests, but to refrain from making any comments at this time unless they specifically pertain to the annexation. Hafferman asked if the sidewalk required along Four Mile Drive is going to be a public sidewalk. Wilson answered it will be constructed in the public right-of-way along the south side of Four Mile Drive. Hafferman noted that the staff report indicates that Four Mile Drive is designated as a collector street, but he can't find anything in the Growth Policy stating Four Mile Drive is a collector. Wilson said she doesn't know off hand where that's indicated, but it is listed as an exit off the by- pass. She said she could get him that information tomorrow. Hafferman stated according to City standards a collector street requires a 36 foot paved street with curbs and sidewalks installed by the developer. He said if this is a collector street, then the road has to be 36 feet wide. Wilson commented the Council has historically struggled with situations such as this; where an adjoining street handles a fair amount of traffic unrelated to the development. She said the staff and the Council have been striving for equity, especially since the City doesn't have a formal impact fee system in place. Wilson said the most equitable situation would be a shared cost of all of the users that have an impact on the roadway, not just the responsibility of a single developer. She said if Nolan Holdings had unlimited funds available, the City could require them to upgrade Four Mile Drive to a collector standard to the point where it intersects with Parkway Drive, but that hasn't been the policy in the past. Wilson said if the staff is not going in the right direction that the Council wants to go in regard to upgrading roadways, "we really need to know that". Hafferman said regulations state: "in the event that a development creates impacts requiring off -site improvements, the City Council will determine whether the developer shall wholly or partially bear the cost of such improvements". He said that's why it's so important to know whether this is really a collector street. Hafferman said in regards to PUD zoning, regulations state: "such establishments and their parking areas shall not occupy more than ten percent for those areas under five acres ... the permissible gross commercial area shall be subject to negotiation with the Zoning Commission and the City Council but shall not exceed ten percent of the land area". Hafferman asked how this project fits into this regulation. Wilson said if she had been asked that question prior to the meeting she could have done those calculations. She said she will have to do the calculations and respond later. Peters asked if there is a provision for a right-of-way in case improvements are made in the future. Wilson answered a sixty -foot right-of-way is already in place. Kalispell City Council Minutes May 3, 2004 Page 5 Atkinson said this will be the only R-5 zoning in the area and asked if there would be any chance the R-5 designation could be considered spot zoning. Wilson said it possibly could be, however, when you look at the surrounding land uses this provides a good transition between the residential and commercial zones. The motion carried unanimously upon roll call vote. E/6. ORDINANCE 1496 — INITIAL ZONING — NOLAN HOLDINGS LLC/THE GREENERY — IST READING Nolan Holdings is requesting a zoning designation of R-5, Residential/Professional Office, with a Planned Unit Development overlay upon annexation. Peters moved first reading of Ordinance 1496, an ordinance to amend section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property as more particularly described on Exhibit "A", located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County SAG-10, Suburban Agricultural District) to City R-5 (Residential/Professional Office), with a Planned Unit Development overlay in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters commented he hopes people look at the map and see how fast the City is growing before questioning why the Council changed a SAG-10 designation to R-5. The motion carried unanimously upon roll call vote. E/7. RESOLUTION 4887 — PRELIMINARY PLAT APPROVAL - NOLAN HOLDINGS LLC/THE GREENERY Nolan Holdings also requested preliminary plat approval of a 10-lot mixed use subdivision with four commercial lots and six duplex townhouse units. Atkinson moved Resolution 4887, a resolution conditionally approving the preliminary plat of the Greenery PUD, more particularly described as Assessor's Tract 2XB located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The motion was seconded. Atkinson commented a lot of developers wouldn't pay much attention to the neighborhood, but this developer did. He said the developer worked with the neighbors to preserve the views, and worked with the City and MDOT to help alleviate problems with the bike path in that area. Atkinson said he feels this was a "cameo" performance relative to what a developer can do to fit into the community. Kenyon said since Olson is absent, he would like to express his disappointment in the City once again accepting cash in lieu of parkland. Hafferman commented he will be voting against the preliminary plat because of his concern with Four Mile Drive. He said if it is in fact a collector street, it could be a significant cost to the taxpayers and it should be the responsibility of the developer. Kalispell City Council Minutes May 3, 2004 Page 6 Mayor Kennedy agreed that Beach has worked hard with the neighbors and noted that no one is present to protest the development. Kenyon asked how substantial Haffennan's concern with Four Mile Drive is. Wilson stated she thinks it's a significant policy issue and if the staff is "going down the wrong road", it needs to know. She said just recently improvements were not required to Appleway Drive when Orchard Village was approved, and Appleway is a collector. Wilson noted no upgrade was done to Four Mile Drive when the sports complex went in. Kukulski said for at least the past five years, the Council has not required roads to be rebuilt and it comes down to a cost issue. Kenyon moved to table Resolution 4887 until May 17th when the Council should have an answer to Hafferman's question. The motion was seconded. The motion failed upon vote with Hafferman and Kenyon voting in favor, and Atkinson, Gabriel, Herron, Larson, Peters and Mayor Kennedy voting against. Peters agreed he would like an answer as to whether Four Mile is a collector street, but he feels the Council needs to discuss the issue in a work session prior to coming to a meeting and using a development like this as the "poster child" for defeating it. He said transportation has always been an issue with developments. Hafferman commented he finds it strange that the Council is debating the issue of roadways and who has to make the improvements. He said one of the first things the Council did when he took office was to require a developer on Whitefish Stage to redo the road for the full length of his development and put sidewalks on both sides. Hafferman said at that time he thought the policy was going overboard. He said why is it now a surprise that we would require developers to upgrade the roads; it's been on the books for years. Hafferman said are we following the regulations, or just selectively following them. The main motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/8. RESOLUTION 4888 — ANNEXATION REQUEST — ROBERT LANCE AND KATHRYN POSTEN Lance and Posten requested annexation of approximately 5,000 square feet of property located on the north side of Liberty Street. Atkinson moved Resolution 4888, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, to be known as Lance Addition No. 345; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson gave a staff report on the annexation and zoning requests There was no discussion. Kalispell City Council Minutes May 3, 2004 Page 7 The motion carried unanimously upon roll call vote. E/9. ORDINANCE 1497 — INITIAL ZONING — ROBERT LANCE AND KATHRYN POSTEN —1ST READING Lance and Posten requested a zoning designation of RA-1, Residential Apartment, upon annexation. Larson moved first reading of Ordinance 1497, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as the abandoned portion of Kinshella Avenue adjacent to and west of Lot 5 of Liberty Village in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential), to City RA- F, (Low Density Residential Apartment), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. There was no discussion The motion carried unanimously upon roll call vote. E/10. RESOLUTION 4889 —ANNEXATION REOUEST — DEBBIE WILLIS Willis requested annexation of approximately one and one-half acres located on the north side of Sunnyside Drive near Denver Avenue. Kenyon moved Resolution 4889, a resolution to provide for the alteration of the boundaries of the City of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Willis Addition No. 346; to zone said property in accordance with the Kalispell Zoning Ordinance, and to declare an effective date. The motion was seconded. Wilson explained the property is currently zoned County R-1, Suburban Residential, with a request for an R-4, Two Family Residential, upon annexation. Wilson said recently annexed properties to the south and the west received R-4 designations. She said the property owner intends to create a total of three lots, with an existing family home on one parcel that will remain. Wilson said the planning board has unanimously recommended a zoning designation of R-4 upon annexation. Hafferman stated this request, and several others on the agenda this evening, increases the dangerous situation existing on Sunnyside Drive. He said he is not against the annexation of the Willis property if it was commensurate with a County R-1 zoning which calls for one acre lots, but he is against the request for R-4 zoning. In a written statement Hafferman said: "Until we address the problem of the safety for motorists and pedestrians who use Sunnyside Drive, I am not in favor of annexing any more properties along Sunnyside Drive until developers start mitigating their share of the safety issues they help to create as required by our general Extension of Services Plan which states: `In the event that a development creates impacts requiring off -site improvements, the City Council will determine whether the developer shall wholly or partially bear the cost of such improvements'. With a by-pass for this area probably a reality soon, this Council should be addressing how Sunnyside Drive can, in fact, become a collector street of sufficient width from the by-pass to the collectors of 7th and 5th Avenues West and amending the Growth Policy to so designate OR perhaps Sunnyside Drive should NOT tie into the by-pass if it cannot be made safe for traffic and pedestrians." Kalispell City Council Minutes May 3, 2004 Page 8 Peters noted that covenants have been discussed and asked if staff has any additional information Wilson pointed out that the only item before the Council at this time is a request for annexation. She added a portion of Lots 5 and 7 were originally part of Sunnyside Park Subdivision, which was created by a meets and bounds description, and she would be surprised if there were covenants associated with subdividing this property since Lots 5 and 7 have already been subdivided. Wilson also reminded the Council that Willis has title insurance that would have noted any covenants. She said there may have been covenants at one time, but covenants can be amended as there has already been subdivision activity on this property. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/11. ORDINANCE 1498 —INITIAL ZONING — DEBBIE WILLIS —1ST READING Willis requested a zoning designation of R-4, Two Family Residential, upon annexation. Kenyon moved first reading of Ordinance 1498, an ordinance to amend Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance, (Ordinance No. 1460), by zoning certain real property described as Tract A in Lot 5 of Sunnyside Park in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana (previously zoned County R-1, Suburban Residential) to City R-4 (Two Family Residential), in accordance with the Kalispell Growth Policy 2020, and to provide an effective date. The motion was seconded. Peters said he doesn't have a problem with the annexation but questions the R-4 designation because of the transportation issues. He said development pressures in that area have superseded what the road can handle and he asked at what point does the Council needs to take action to mitigate the problem. Peters said the next several items have to do with that area specifically and philosophically, how does the Council deal with it. Wilson said a traffic impact analysis is included in the packet which designates Sunnyside Drive as a Level A functioning level. Hansz explained a traffic study includes the existing conditions along with an overlay of what the request proposes. He said the traffic study for that area shows Sunnyside operating at a Level A, which is the best, and will continue to operate at a Level A following the completion of this development. Hansz said it doesn't meet City standards because it's a County road, but it is carrying traffic adequately. Hansz added the transportation plan identifies an exit off the by-pass and identifies a need for improvements on Sunnyside. He said it doesn't commit the by-pass project will pay for those improvements, but it does identify the need for improvements and the challenge the City and State has is how to pay for those improvements. Hansz concluded that at this point there isn't any need for alarm. Hafferman commented he travels Sunnyside periodically and twice he's had to stop for oncoming traffic to pass because of pedestrians. He said if this is a Level A road, then Level A "stinks". Peters said he's not going to disagree with Hansz, but he's still wondering whether the study considers high pedestrian traffic and just because it's Level A doesn't mean its safe. He said the Council still has to look at something, such as a path, to make it safer. Kalispell City Council Minutes May 3, 2004 Page 9 Mayor Kennedy agreed, stating it is frustrating. She said everyone realizes Sunnyside is an extremely narrow road and is in dire need of having a walking path, but everyone has to remember that Sunnyside is a County road and wasn't built to City standards. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Larson, and Mayor Kennedy voting in favor, and Hafferman, Kenyon and Peters voting against. E/12. FINAL PLAT APPROVAL - STRATFORD VILLAGE SUBDIVISION PHASE 3 This is a request for final plat approval of Stratford Village Subdivision Phase 3 which plats 58 lots on 12 and one-half acres located west of South Meadows and Ashley Park subdivisions. Atkinson moved approval of the final plat for Stratford Village Phase 3 and acceptance of the subdivision improvement agreement. The motion was seconded. Wilson gave a staff report. Hafferman said he's going to vote in favor of this simply because the preliminary plat was approved by a former Council. The motion carried unanimously upon vote. E/13. FINAL PLAT APPROVAL —GLACIER VILLAGE GREENS SUBDIVISION PHASE 14 This is a request for final plat approval of Glacier Village Greens Phase 14 that plats 24 sublots intended for townhouses on approximately three acres located on the east side of the Glacier Village Greens development. Larson moved approval of the final plat for Glacier Village Greens Phase 14 and acceptance of the subdivision improvement agreement. The motion was seconded. Wilson gave a staff report. There was no discussion. The motion carried unanimously upon vote. E/14. FINAL PLAT APPROVAL — SUNNYSIDE SUBDIVISION PHASE 2 This is a request for final plat approval of Sunnyside Subdivision Phase 2 that plats 38 townhouse lots and 17 single family lots on approximately 9 acres located south of Sunnyside Drive and west of Boise Avenue. Kenyon moved approval of the final plat for Sunnyside Subdivision Phase 2 and acceptance of the subdivision improvement agreement. The motion was seconded. Wilson gave a staff report explaining this is the final phase of Sunnyside Subdivision. Hafferman said on February 19, 2002, he voted in favor of the annexation and zoning of this property, primarily because he was not aware of the traffic and pedestrian problems associated with Kalispell City Council Minutes May 3, 2004 Page 10 Sunnyside Drive. He said on October 7, 2002, he voted against the preliminary plat because of the safety hazards on Sunnyside Drive and the complete change of zoning from County R-1. Hafferman said in voting no, he commented that he felt it was possible to get a development that reasonably complied with the existing neighborhood. He said since nothing has changed since the preliminary plat, he must vote no again. Mayor Kennedy noted there are letters in the packet from the County Road Department approving the location of the approaches for Sunnyside Phase 2, and WMW Engineering has stated it has met all site and distance requirements. Peters said everything looks great on paper, but when is the Council going to start having discussions to solve some of the problems in that area. He said it fits within the zoning and the master plan, but for some reason it doesn't feel right. Peters said changing this to R-3 which would have a third of the density, still doesn't solve the problem. He said he's going to vote in favor of this, but challenged the Council to work with the community and the developers to solve the transportation obstacles. Mayor Kennedy said several Council members are feeling the same way, however, the developer went forward with the project from previous Council approval and she agrees it's hard to back track now. Kenyon agreed, stating he doesn't feel good about this but the Council has come down the road this far and it would be unfair to change now. He said in the future the Council needs to take a harder look at preliminary plats. Kukulski said even though the Council is uncomfortable with this decision, it's important to remember a traffic study is included and the data shows the road is adequate. The motion carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Peters and Mayor Kennedy voting in favor, and Hafferman voting against. E/15. FINAL PLAT APPROVAL — NORTH MEADOWS SUrBDIVISION This is a request for final plat approval of North Meadows Subdivision that plats 4 single-family lots on approximately 1 acre located on the east side of Denver Avenue between Bluestone and Sunnyside Drive. Kenyon moved approval of the final plat for North Meadows Subdivision. The motion was seconded. Wilson gave a staff report. Hafferman said on November 3, 2003, he voted in favor of the annexation, zoning and preliminary plat for this property because it was abutting properties within the City which were commensurate with City zoning. He said he felt it was an issue of property rights for the individual who was complying with rules, and intends to vote yes today. Hafferman added, however, he doesn't intend to vote favorably for annexations to the City of any more properties that will put more traffic on Sunnyside Drive until the Council addresses the traffic problems. Peters agreed. Kalispell City Council Minutes May 3, 2004 Page I 1 The motion carried unanimously upon vote. E/16. BOARD APPOINTMENTS — CITY PLANNING BOARD AND ZONING Sue Ellyn Anderson, John Hinchey, Tim Kluesner and George Taylor have applied for three openings on the planning board. Mayor Kennedy recommended Council re -appoint Anderson, Hinchey and Taylor. Larson moved the Council confirm the Mayor's recommendation and appoint Sue Ellyn Anderson, John Hinchey and George Taylor to the Kalispell City Planning Board and Zoning Commission for a term of two years. The motion was seconded. Peters said Anderson, Hinchey and Taylor have done an exceptional job. He said he also knows Kluesner and encouraged him to apply again for another board position. The motion carried unanimously upon vote. E/17. BOARD APPOINTMENT — CONRAD MANSION BOARD OF DIRECTORS Darren Schuldneiss and Everit Sliter have requested appointment to one opening on the Conrad Mansion board. Mayor Kennedy recommended Council re -appoint Sliter. Larson moved the Council confirm the Mayor's recommendation and appoint Everit Sliter to another four-year term on the Conrad Mansion Board of Directors. The motion was seconded. The motion carried unanimously upon vote. E/18. BOARD APPOINTMENT —BOARD OF ADJUSTMENT Virginia Sloan has requested Council reappoint her for another term on the Board of Adjustment. Mayor Kennedy recommended Countcil re -appoint Sliter. Larson moved the Council confirm the Mayor's recommendation and appoint Virginia Sloan to another three-year term on the Board of Adjustment. The motion was seconded. The motion carried unanimously upon vote. F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS (No Action) Mayor Kennedy announced there will be a Mayor's Prayer Breakfast on Thursday morning at the Salvation Army building on Bountiful Drive starting at 6:15 a.m. Mayor Kennedy thanked the community for the wonderful welcome given to the 889th. Kalispell City Council Minutes May 3, 2004 Page 12 Mayor Kennedy asked for upcoming work sessions to include roads and Council policies on transportation issues in regards to subdivisions. Mayor Kennedy noted that a letter was received recently from the Evergreen Water and Sewer Board of Directors and said a meeting will be scheduled soon to discuss the City's relationship with the district. Larson read the letter. (Letter and attachments are attached and by this reference made a part of the official record) Larson asked that a work session also be scheduled for further discussion on annexation districts and a funding request from the Kalispell Lakers. Herron commented the Evergreen Water and Sewer Board deserves an answer as soon as possible and asked that a meeting be scheduled immediately. Herron said a meeting also needs to be scheduled as soon as possible with the planning board to address road issues. Hafferman requested a work session item regarding the inaction in getting a sign at Ashley Square removed that has been determined to be illegally located. Kukulski echoed Atkinson's earlier comment congratulating the Community Development Department. He said there are literally hundreds of thousands of dollars brought into this community annually by the staff's grant writing skills. Kukulski announced it was five years ago today that he started work for the City of Kalispell. G. ADJOURN The meeting was adjourned at 9:45 p.m. Pamela B. KKeenV dy Mayor ATTEST: Theresa White City Clerk Approved May 17, 2004 Kalispell City Council Minutes May 3, 2004 Page 13 water & Sewer Dstr ct 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 April 29, 2004 Pam Kennedy, Mayor Council Members City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Subject: Flathead County Water & Sewer District #1 — Evergreen/Additional Sewage Treatment Capacity Dear Mayor Kennedy and Council Members: Enclosed is a copy of a letter, dated January 29, 2004, from Flathead County Water & Sewer District #1 — Evergreen, to Pam Kennedy, Mayor, and the Council Members of the City of Kalispell, wherein Evergreen reiterated its concern of the "continued proliferation of the installation of new on -site sewage treatment and disposal systems in the Evergreen alluvial aquifer threatening the public health through ground and surface water contamination." Further in the letter the District reiterated its position originally communicated to Kalispell by a letter dated January 11, 2002, copy enclosed, of the District financially participating in Kalispell's sewage treatment plant expansion costs in exchange for the District receiving additional treatment capacity. The purpose of this letter is, in light of the immediate reality of additional private septic systems being a ved, that the District respectfully requests the Council immediately address the � ict's request for additional treatment capacity to avoid the installation of these priv yster 7 Board of Directors cc: Chris Kukulski, City Manager Joe Russell, Flathead County Health Officer os k h; cox January 29, 2004 .Water & Sewer .Dstr1ct 130 Nicholson Drive * Kalispell, MT 59901 Phone. (4061 257-5861 Fax: (406) 756-1586 Pam Kennedy, Mayor Council Members City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Subject: Comments on Draft City of Kalispell Wastewater Facilities Plan Dear Mayor Kennedy and Council Members: Please accept this letter as a statement of our concerns and our desire to best serve and protect the quality of the various aquifers used and affected by the wastewater produced in this ever more populated valley. We believe it is the right time for the City of Kalispell to take the lead in a more co-operative and collaborative direction. There are compelling reasons to do so. What follows are comments of Flathead County Water & Sewer District No. 1 (Evergreen) regarding the Wastewater Facility Plan that the City of Kalispell is currently preparing. The Evergreen Water and Sewer District is the largest customer of the Kalispell wastewater treatment plant and is keenly interested in any plans for the expansion of both the plant and its ability to serve, better protect and somewhat restore the pristine quality of the waters of the Flathead Valley and the quality of life for all who live here. One major point to make at the outset is to repeat the position we have often put forward. The Evergreen Water & Sewer District is interested in financially participating with the City of Kalispell in the proposed plant expansion. We are disappointed that the Facility Plan as written ignores this fact. We inquired about the City's interest in joint participation in funding the plant expansion over two years ago. The initial response from both the City Manager and Public Works Director was positive and promises were made to discuss the potential for the District's financial participation. The City Manager and Public Works Director both pointed to the regional wastewater treatment plants in the Seattle vicinity as good examples of Page 2 of 3 Letter to City of Kalispell RE: Wastewater Facilities Plan From Flathead County Water & Sewer District No. 1 (Evergreen) how well such arrangements can work. No meaningful dialogue has since taken place, The City of Kalispell could have chosen to include involvement from the District and other interested agencies in its current planning effort but instead seems to have chosen to exclude that and any other relevant input. The City of Kalispell, the Evergreen Water & Sewer District and Flathead County all share the same interests and responsibilities with respect to wastewater collection, treatment and disposal. These interests, protection of public health, groundwater quality, and surface water quality, are not confined to just the City limits or the boundary of Evergreen's sewer RSID. Instead, they traverse the City and District boundaries and affect all of us. Continued proliferation of the installation of new onsite sewage treatment and disposal systems in the Evergreen alluvial aquifer degrades water quality and threatens public health through ground and surface water contamination. We need to identify the ways to allow connections of areas outside the Evergreen RSID to the Evergreen sewage collection system. Kalispell has the enviable position of being able to take the lead in addressing the needs of areas in the valley that may be a direct threat to the aquifers and health of the Flathead Valley residents. We believe that the best way to achieve this goal is to operate the wastewater treatment plant as a regional utility. When the City of Kalispell and the Evergreen Water & Sewer District first agreed to share the Kalispell wastewater treatment plant almost 15 years ago, the overriding reason was that one larger treatment plant would be more efficient and cost effective than two smaller separate treatment plants. We believe that it still makes sense to work together to identify solutions to the common problems we both face. We believe that there is a need to solve problems that cross the boundaries of the City, the District, and the County. To safeguard public health and the water quality of the Flathead, the wastewater plant should be expanded to benefit the entire area, including the City of Kalispell, the Evergreen Water & Sewer District and other threatened areas of Flathead County that could reasonably access the wastewater collection system. To be successful, the planning effort must be broadened to include input from the District and other interested parties now rather than later. The planning effort must not be based on political gain, but Kalispell's interest Page 3 of 3 Letter to City of Kalispell RE: Wastewater Facilities Plan From Flathead County Water & Sewer District No. 1 (Evergreen) in not only being the financial center of the Flathead Valley, but the most willing and responsible participant in the problems of the valley. We appreciate the opportunity to provide comments to you before the Wastewater Facilities Plan is finalized. We look forward to increasing co- operation in the hopes that our joint efforts will indeed produce the increases in efficiency and cost effectiveness that brought us together initially. We stand ready to co-operate, both financially and in carrying our share of the es nsibility of operating a truly regional treatment plant that is designed perated to best protect the quality of our life in the valley. 7of r President Dire rs Cc: Chris Kukulski water & Sewer Distrlc, �y h� co � 130 Nicholson Drive • Kalispell, MT 59901 Phone: [406) 257-5861 Fax: (406) 756-1588 January 11, 2002 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re: Kalispell Wastewater Trearment P)an Expansion Dear Mr. Kukulski: At the recent meeting of the Board of Directors of Flathead County Water and Sewer District #1 -- Evergreen, board member Connie Leistiko informed the board that the City of Kalispell is reviewing the possibility of expanding the treatment capacity of the Kalispell Wastewater Treatment Plant. As you know from past correspondence, Evergreen is interested in increasing its treatment capacity presently limited by the Interlocal Agreement with Kalispell. The purpose of this letter, therefore is to inquire as to whether the City of Kalispell is interested in any immediate discussions/negotiations with the Evergreen Board relative to Evergreen's financial participation with Kalispell in the improvements to the treatment plant in exchange for Evergreen receiving additional treatment capacity. I thank ydu /dvancf'�for your continued cooperation with Evergreen and look forward to vour �/