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09/20/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, SEPTEMBER 20, 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, HANK OLSON AND JAYSON PETERS WERE PRESENT. Also present. Interim City Manager Frank Garner, City Attorney Charles Harball, City Clerk Theresa White, Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Acting Police Chief Roger Krauss, Public Works Director .Tien Hansz, Tri-City Senior Planner Narda Wilson, and Assistant to the City Manager Pati Heath. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Peters moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes — Regulareeting September 7, 2004 2. Ordinance 1512 — Zoning Text Amendment — 2nd Reading The City of Kalispell has requested an amendment to the Kalispell Zoning Ordinance to amend how lot coverage is calculated in the various zoning districts. Ordinance 1512 passed on first reading September 7th. 3. Ordinance 1513 — Zoning Text Amendment — 2nd Reading The City of Kalispell has requested a number of changes to the Kalispell Zoning Ordinance in several zoning, districts with regard to the creation of sublots and to provide consistency in the treatment of residential uses in commercial zoning districts. Ordinance 1513 passed on first reading September 7th. 4. Fire Department Prevention Infector Confirmation F. Ray Ruffato has successfully completed his six-month probationary period with the Kalispell Fire Department and Council confi:rnaation was requested. 5. 'Police Officer Confirmation Officer Steve Hoover has successfully completed his one-year probationary period with the Kalispell Police Department and Council confirmation was requested. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote. Kalispell City Council Minutes September 20, 2004 Page I C. STUDENT ISSUES None. D. PUBLIC COMMENT Ken Kalvig, Attorney for Andrew Farris, spoke on behalf of Farris and his request for sewer service to Kelsey Subdivision. He said he has been working with Farris in trying to find a way to get the subdivision connected to the Evergreen collection system or the possibility of developing his own treatment system. Kalvig said it was determined that it was in Farris' best interest to connect to the Evergreen system. He said even though the City has asked Farris to wait for an answer until the City and Evergreen can work out their differences, he asked the Council to make a decision this evening and not make Farris wait any longer. He said Farris has agreed to sign a waiver of annexation and build to urban standards, even though the urban standards presented have not yet been adopted. Kalvig said if the Council agrees to give Farris an unconditional approval, then he is willing to do everything the City has asked hire to do. Kalvig asked the Council to consider a revised version of Resolution 4936 amending Section I1. (Proposed resolution is attached and by this reference is made a part of the official record) Andrew Farris, 168 Buffalo Stage Road, stated if the City approves sewer service to Kelsey Subdivision, he will agree to an annexation and build to urban standards, however, if it's not approved he will revert back to County standards with no annexation, no sidewalks, curbs and gutters, and he will build his own sewer plant. He said he has spent a complete building season and thousands of dollars trying to work this problem out. Farris said the Mayor recently commented, in reference to sewer service outside the City limits, that "the door is open". He said he's stepped in the door and is now asking the Council to either push him out or accept him. Erica WWirtala, Sands Surveying, said she represents Cottonwood Estates and unlike Farris, her clients do not have an alternative to fall back on if the interlocal agreement between the City and the Evergreen Sewer and Water District fails. She said if Cottonwood Estates is allowed to hook to Evergreen Sewer, the City could realize $I32,000 that could be used for extension of services. Charles Lapp, 3230 Columbia Falls Stage Road, encouraged the Council to adopt the proposed Extension of Services Plan, stating it's important for developers to have a tool to extend services into new areas. The following spoke in support.of the Kalispell City AiMort. C.M. Clark, 500 Siblerud Lane, said we have neglected one of the most important assets of the City; its own general aviation airport. He said it needs to be upgraded along with the other transportation systems in the valley. Clark read an excerpt from Senator Conrad Burns' September 17, 2004 newsletter, "On Thursday, the Transportation and Treasury Appropriations Bill made its way one step closer to final passage, clearing the mark-up process and being approved by the full Senate Appropriations Committee. As passed, it includes 3 1/2 billion dollars for airport improvement programs nationwide which ensures the longevity and continued improvement of our nation's most underutilized airports in rural communities. Montana's vast networks of airports, roads, and railways are constantly expanding so they require lots of attention in the forms of planning, maintenance and development. I'm happy to see that the work we are doing will help improve these systems in Montana". He said from a business point of view the City's general aviation airport is as important as sewer, water, parks and recreation, yet is not supported by the City's General Fund. Kalispell City Council Minutes September 20, 2004 Page 2 Chuck Manning, 1145 1st Avenue East, read a letter to the Council. (Letter is attached and by this reference is made a part of the official record) Lorraine Yde, 355 Boon Road, Somers, said over the years the airport has been used to introduce people to the area, bring in the mail, teach people how to fly, and store, repair and gas aircraft. Yde said the airport has been a good neighbor and everyone should be proud and happy to see the airport move into the 21 st century. Davis Downey, 344 6th Avenue East, spoke in support of the airport, noting that the original land for the airport was donated to the City for that specific purpose. He said the Kalispell airport is one of the busiest non -service airports in the state and if the current plan is realized, the threshold will be moved further south which will snake it safer. Downey commented he is also the President of the Friends of Lawrence Park and thanked the Council and the community for making the park better and better. He asked the Council to consider widening the road in the back of the park so it can be used. The following spoke in opposition to the Kalispell Citv Airport. George Taylor, 504 5th Avenue East, commented that with real estate prices being what they are, the Council should reevaluate and reconsider its options for the airport. He said adding seven or more hangars may bring in an added income of about $9,000 per year, but selling the property could conceivably raise approximately 14 million dollars in capital. Taylor said as a member of the Planning Board, he constantly hears there is not enough money for infrastructure improvements and it's time the City gets ahead of the power curve. He said Glacier International Airport could be well equipped for private aircraft. E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/1. RESOLUTION 4936 — KELSE'Y SUBDIVISION REOUEST FOR SEWER. SERVICE Andrew Farris is requesting the City Council approve his request for municipal sewer services to Kelsey Subdivision through the Evergreen Sewer District. Kenyon moved Resolution 4936, a resolution regarding the development of Kelsey Subdivision and provision of municipal sewer services thereto. The motion was seconded. Garner gave a staff report on this agenda item and the next, stating the two are intertwined. He said the Council needs to consider whether it will allow Farris to connect to the Evergreen sewer system and, as a policy decision with the next agenda item, the ownership of the lines. Garner said it's been Kalispell's desire to allow developments outside the City and Evergreen's RSID to connect to the sewer system, but now staff is recommending that in doing so, the Council "jealously guard one of the most important resources you have which is the capacity of the current treatment facility". He said the capacity is finite and the Council should be in control on how that capacity is used. Garner recommended the Council consider Farris' request and give approval to the connection with the understanding that the sewer infrastructure for Kelsey Subdivision be conveyed to the City upon connection to the Evergreen sewer system. Harball said his understanding from Council discussions on both Cottonwood and Kelsey is that the Council does not anticipate annexing Cottonwood, but there was a feeling that Kelsey could be annexed in the near future. He said when discussing Kelsey there was talk about waivers of protest Kalispell City Council Minutes September 20, 2004 Page 3 to annexation and annexation districts and whether they would be enough to "get the job done". Harball said when the time comes for annexation, what will "get the job done" is the City owning the sewer lines, and that is why the City is having discussions with Evergreen. He said if the City owns the sewer lines there will not be discussion in the future if the City wants to annex Kelsey. Harball stated that Kalvig's request for unconditional approval for Kelsey is in the best interest of his client, but it's not in the best interest of the City. Mayor Kennedy commented the "door is open" and the City Council passed a major policy change to allow service outside the City limits of Kalispell. She said the Farris request, unfortunately, is coming before the Council before negotiations can be completed between the City and Evergreen. Mayor Kennedy stated Kalispell has been "diligently trying to communicate with Evergreen" and Council members will be meeting with members of the Evergreen Sewer and Water Board next Wednesday, September 29th starting at 7:00 a.m. at the Earl Bennett Building. Hafferran said the Council's purpose for allowing sewer connections outside the Evergreen RSID was to protect the Evergreen aquifer; annexation wasn't supposed to be a part of the decision. He said the Evergreen Sewer District is fully capable of maintenance and there is no benefit to the City's ratepayers if the City owns these sewer lines. Hafferman stated Evergreen has indicated they do .not want any transmissions through their lines unless they maintain the system, and he said he can see conflicts arise such as who is responsible if a hazardous waste material appears at the treatment plant. Hafferman said he can't support the resolution for Kelsey Subdivision that ties the ownership of those lines to any particular entity, especially to the City of Kalispell. Hafferman moved the resolution be amended to read in accordance with the resolution presented by Ken Kalvig. The motion was seconded. Peters asked Harball what would be the harm in removing any reference to ownership of the lines. Harball answered it's important the City resolve the ownership issue prior to sending Farris ahead with the project. Larson commented he would be hesitant to pass a resolution provided by an outside attorney, however, Farris has agreed to sign a waiver of protest or an annexation district agreement. He stated even though there was a lot of confusion surrounding the subject, he finally understood that an annexation district agreement "guarantees annexation without question of ownership of lines". Harball noted that was discussed but no city has tried it and there was some discomfort by the Council to rely entirely on an annexation district agreement, which is why the Council also wanted a waiver to protest. Harball reiterated that if the Council wants a "done deal, own the lines". Larson said the City should still be able to guarantee annexation without owning the lines. In his opinion, the City would be well protected with an annexation agreement and a waiver to protest. Harball indicated Evergreen wouldn't be so insistent on owning the lines if the general consensus was that an annexation agreement and a waiver to protest guarantees annexation. Herron agreed with Larson's assessment that discussions surrounding annexation districts were confusing; with opinions changing from one week to the next. He said at the end, the Council was told an annexation district agreement is a legal binding contract and he asked Harball to explain why he is so skeptical about it now. Kalispell City Council Minutes September 20, 2004 Page 4 Harball answered he wouldn't describe the agreement as a contract, but rather as a legislative device. He said he believes an annexation district agreement is worth using, but wishes the legislature would "beef it up" so he could feel more comfortable with it. Harball said the arena right now is "very testy" and don't be surprised if an annexation district agreement is tested in court. He said he's not afraid to go to court, but he doesn't think the City would end up there if it owned the lines. Herron said the City has a developer who is willing to sign a "contract" with several conditions in place including a waiver to protest annexation and an annexation agreement. He said once the "contract" is signed, this developer sells the property to another developer. Herron commented with all the conditions in place, "why in the world would they violate that contract". Harball noted he's not worried about the developer violating the contract, he's worried about interested neighbors. Herron stated it's hard for him to make decisions based on assumptions. .Peters said he felt the Council could give Farris the go ahead without including the language on ownership, however, after listening to Harball he feels deleting that language may be problematic. Olson suggested the Council move forward by voting down the amendment and passing the resolution as presented by staff. He said then the Council can meet with Evergreen and everyone will know where the City stands. The amendment failed upon roll call vote with Hafferman, Herron, and Larson voting in favor, and Atkinson, Gabriel, Kenyon, Olson, Peters and Mayor Kennedy voting against. Larson moved to amend the resolution by amending Section 11 to read, "That the above - described written consent clearly indicate that it is the City's position, based upon its existing Interlocal Agreement with the Evergreen Sewer District, that ownership of the sewer system that is developed within the Kelsey Subdivision shall, at the time that Kelsey Subdivision is annexed, be conveyed to the City of Kalispell and that the developers agree to build to the urban standards, pay a connection fee for sewage treatment based upon regulations currently in effect with the City of Kalispell, and the owners of Kelsey Subdivision execute a written waiver to protest and agree to an annexation district agreement, and also execute a consent to withdraw from the rural fire district". The motion was seconded. Larson said he feels this would be a compromise that would provide for the City owning the lines at the point of annexation. Hafferman said it still doesn't answer the question of who would be maintaining the lines and the problems of who is responsible for what. Haffennan remarked that annexation was never to be an issue and "here we are talking about annexing Evergreen". He said he thought annexation was off the table. Hafferman stated ownership of utility lines are enterprise funds and have nothing to do with annexation and that is why he will vote against the amendment. Gabriel declared the Council is not discussing annexing Evergreen. Atkinson stated this is "exactly history repeating itself'. He said in the late 80's, Evergreen asked for and received the right to use Kalispell's sewer system and signed an annexation agreement. He said when the City tried to annex, Evergreen hired an attorney and filed a lawsuit. Atkinson noted Kalispell City Council Minutes September 20, 2004 Page 5 the players haven't changed and the issue of turf hasn't changed. He said the bottom line is Kalispell has all of the services that a city needs and has to pay for all of those services, a responsibility Evergreen doesn't have. Atkinson suggested if Council members want Evergreen to grow instead of Kalispell, then "keep playing this game and giving up what you have already, prostituting yourselves for the hopes that somebody's going to love you at a later date". Larson said he feels his amendment has caused some confusion and offered to clarify his amendment by changing the fifth Whereas to read, "it is in the hest interests of the City of Kalispell that if Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen Server conveyance system., it should construct such sewer infrastructure in compliance with City and Evergreen standards and convey ownership of the development's sewer system to the Evergreen Sewer and Water District until annexation by the City". The second agreed to the clarification. There was no objection. Atkinson commented he understood that, but he also understands the City's attorney when he says you lessen your chances in court when you don't own the pipe, Peters asked Harball if this amendment would be precedent setting, forcing the Council to agree to the same thing clown the road, or can Council look at each case separate]),. Harball answered no, however, the next agenda item deals with a policy concerning this issue and he would like to see the Council make a decision on Farris' case that is in keeping with where the Council feels the policy is going. Olson said he's opposed to this amendment also and would like to "go back to the original resolution". Atkinson commented "he's in awe with this line of thinking" Herron stated he wonders if this "deep open wound" will ever be healed with the great community at large. He said the Council is talking about a subdivision where the Evergreen collection system actually terminates right now, and yet "we continually go back historically to this deep open wound where some of us on this Council are upset that Evergreen even exists, and some in the County are upset that the City exists". Herron remarked when the Council first started discussing the protection of the aquifer and doing what is right for the community, there was a clear consensus there was no interest in annexation, yet now we are turning it into an annexation issue. He said it's time to move on, set history aside, and let Cottonwood and Kelsey hook-up to sewer. Atkinson said the City has allowed hook-ups before that were outside the Evergreen RSID. He asked if those lines were owned by the City. Wilson answered the largest project to book up to the Evergreen's collection system is Meadow Manor, which is not part of the City's system. She said she wasn't part of the negotiations and she doesn't know why they are not. Mayor Kennedy commented she's concerned that the change in the fifth Whereas specifies that the lines will be owned by Evergreen until the subdivision is annexed to the City, but doesn't specify the City will own the lines at the time of annexation. Kalispell City Council Minutes September 20, 2004 Page 6 Harball said even though this resolution sets out conditions for Farris to hook-up to Evergreen, it doesn't tie Evergreen into giving the lines back to the City. Gabriel said she's not comfortable trying to draft a new resolution tonight and she feels the Council is putting staff in a bad position by allowing a third party to put us in a corner. She stated she will not support the amendment. The amendment failed upon roll call vote with Herron, Larson and Peters voting hi favor, and Atkinson, Gabriel, Hafferman, Kenyon, Olson and Mayor Kennedy voting against. Herron moved to table Resolution 4936 until the October 18th meeting. The motion was seconded. The motion to table failed upon roll call vote with Hafferman, Herron, Larson, and Peters voting in favor, and Atkinson, Gabriel, Kenyon, Olson and Mayor Kennedy voting against. Peters commented he will vote against this resolution simply because he wants an open mind when Council meets with Evergreen next week. Larson noted he will vote in favor of the resolution and he hopes Evergreen will agree to the City owning the lines. The main motion with no amendments carried upon a roll call vote with Atkinson, Gabriel, Kenyon, Larson, Olson and Mayor Kennedy voting in favor, and Hafferman, Herron and Peters voting against. E/2. RESOLUTION 4928 — EVERGREEN DISTRICT SEWER LINES TABLED AUGUST 16TH) Resolution 4928 establishes a policy for ownership of sewer lines connecting to the Evergreen Sewer District's conveyance system, but utilizing the City's sewer capacity. Peters moved Resolution 4928 be removed from the table. The motion was seconded. Larson stated in view of the previous discussion, and because of the upcoming meeting with Evergreen, he feels a decision on Resolution 4928 should be postponed. Larson moved to table Resolution 4928 to the first meeting in October. The motion was seconded. The motion carried upon vote with Atkinson and Kenyon voting against. E/3. RESOLUTION 4937 — EXTENSION OF SERVICES PLAN Resolution 4937 adopts an update to the City's Extension of Services Plan which is intended to serve as a policy document for the extension and provision of City services and utilities to areas proposed for annexation. Larson moved Resolution 4937, a resolution adopting an updated Extension of Services Plan for the City of Kalispell. The motion was seconded. Kalispell City Council Minutes September 20, 2004 Page 7 Garner gave a staff report explaining the updated plan doesn't unilaterally allow the City to extend services, however, as Lapp indicated during public comment, it does provide an opportunity for the City to work with developers to find ways to extend services. Hafferman said contrary to Lapp's comment, the developers can extend services under the City's current Extension of Services PIan. He read a written statement concerning the proposed revisions. (Statement is attached and by this reference is made a part of the official record) Atkinson asked Hafferman if he believes the Council cannot change policy. Hafferman answered the Council can only change policy when it's in accordance with the adopted rules and regulations and this plan is against the adopted rules and regulations. Atkinson said he believes this resolution is the policy that changes those adopted rules and regulations. Harball said Council is establishing a policy, and if that means changing ordinances to make them consistent with this policy, then that is what we'll do. Harball emphasized that adopting this resolution is not a violation of Council's oath of office as indicated by Hafferman. Hafferman commented the rules and regulations should be changed first, adding these changes Dave had no public input. The motion carried upon a roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Hafferman voting against. E/4. CITY MANAGER CONTRACT RATIFICATION The City Council has offered the City Manager position to James Patrick from Verinillion, South Dakota. An employment contract has been prepared and Council ratification is requested. Gabriel moved the Mayor be authorized to execute the employment agreement with James Patrick on behalf of the Council. The motion was seconded. Gabriel noted that several citizens worked with the Council during the hiring process and she's very pleased that Patrick accepted the position. Olson asked if any promises were made for the future that are not mentioned in the contract. Mayor Kennedy stated Patrick wasn't promised anything outside the negotiations. She said "the contract is what the contract is". Atkinson thanked the citizens for their involvement and Mayor Kennedy for keeping the process moving. Mayor Kennedy thanked Harball for his diligence, department directors for showing the candidates the City of Kalispell, Marti Rishoff for coordinating communications, the Police Department for conducting the background checks, and Pati Heath for organizing the reception. Mayor Kennedy also thanked the citizen committee and the citizens as a whole for their support. Kalispell City Council Minutes September 20, 2004 Page 8 The motion carried unanimously upon vote. F. MAYOR/COUNCILICITY MANAGER'S REPORTS No Action Mayor Kennedy said she and the Council look forward to the opportunity to address sewer issues and water service to areas of growth. She said she hopes Evergreen Sewer and Water District Iooks favorably on Farris' request and approves his connection. Mayor Kennedy invited everyone to attend a meeting called "Flathead on the Move" scheduled to start at 8:00 a.m. this Wednesday at the Outlaw Inn. Garner said Patrick is excited about working for the City of Kalispell and staff supports the Council's decision. G. ADJOURN The meeting was adjourned at 10:15 p.m. ATTEST: A Theresa White City Clerk Approved October 4.2004 Kalispell City Council Minutes September 20, 2004 Page 9 RESOLUTION AS PRESENTED BY KEN KALVIG ON 9/20/04 RESOLUTION NO.4936 A RESOLUTION REGARDING THE DEVELOPMENT OF KELSEY SUBDIVISION AND PROVISION OF MUNICIPAL SEWER SERVICES THERETO. WHEREAS, Andrew R. Farris, owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described as Assessor's Tract 7 located in Section 28, Township 29 North., Range 21 West, and hereafter referred to as "Kelsey Subdivision", seeps to develop said property to an urban density and therefore desires the services of a municipal sewer and community water supply; and WHEREAS, it is in the best interests of the Flathead County and the City of Kalispell and their citizens, that water quality of the shared aquifer be protected by the connection to and utilization of a municipal sewer by Kelsey Subdivision; and WHEREAS, Kelsey Subdivision is located within such proximity to the Evergreen Sewer District that it may be served by the Evergreen Sewer District which is a customer of the City of Kalispell municipal sewer system and contractually provided with an allotment of sewer capacity and which conveys its sewerage to the City of Kalispell municipal sewer system; and WHEREAS, the City of Kalispell may agree to allow Kelsey Subdivision to convey its sewage through the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity; I ano WHEREAS, it is in the best interests of the City of Kalispell that if Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the Evergreen Sewer conveyance system, it should construct such sewer infrastructure in compliance with City and Evergreen standards and ,.envey awner-ship Of 7c-vrc''€""�y,szirn--ccrcrn; errs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell directs the City Manager to provide the necessary written consent to Kelsey Subdivision and the Evergreen Sewer District approving the construction of sewer lines serving the Kelsey Subdivision that will connect to the mains or services of the collection system operated by the Evergreen Sewer District.. SECTION_II. That the above -described written consent clearly indicate that 4444ie .:.�,�. 1.00. . ewrr�nlr�rrv�..v . i w it_as contingent upon theWdevelopet, of Kelsey Subdivision as coptainedin Sri stqndqrd,� grocing to (A-).-'-bL.uld to the urbL attached heyLl ased jqjqqj- dat*ons currently in effect w*th the itN, of Kalispell,aiid (C) the =�-- . ... ....... — . .......... ----.-X . ......... effect .......... 1'.- ------- - ------- oN�;ner of Kelsey Subdi-,.islop exec lenientand also execuling a consent ... ..... .. ........ to wiffidraw from the wml fi.e district PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20T' DAY OF SEPTEMBER, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk September 20, 2004 Kalispell City Mayor and Council P.O, Box 1997 Kalispell; MT 59901 Re,: Kalispell Cite Airport Dear Mayor and Council_ I am a life long resident of Montana and have lived within walking distance to the Kalispell City- Airport for close to 30 years. I am a member of the Montana State Aeronautics Board and the President of the Montana Pilots Association. I learned to fly at Kalispell City Airport and have flown both powered and non -powered aircraft (sailplanes/gliders) .from this airport and strongly support its continued operation at its current location for many reasons as do others in the aviation community. I focus this letter on three safety points: It is an important and safe emergency° alternate to Glacier International Airport (FCA)- The FAA recoil -nines its imnortance and is willing to participate financially with the C'itr:7 of Kalispell to bring it up to recognized standards for long-term federal funding if certain conditions are net, To my knowledge, the only major condition which is also the only safety issue recognized by the FAA that must be dealt with before funding can be granted is the broadcast towers located to the south east of the airport. Tlie Montana Deparmient of Transportation, Aeronautics Diusion, through its Grants and Loan program has in the past financially supported this airport because it is an important asset to Kalispell and the to Flathead Valley and would not have done so if it felt the Kalispell Cite Airport, at its present location, was unsafe for aircraft navigation or the residential community which abuts it. With respect to the recent and tragic aircraft accident involving two local pilots who were killed when crashing into a residence to the north of the airport if offer you the following statistics: In contacting Aircraft Owners and pilots Association's NW Regional Rep. Mike Ferguson through which I share the following from Kristen Hummel, AOPA's Air Safety Foundation's accident database manager: in the NTSB Accident Database there are 57,297 accidents (which include all facets of Commercial and GA) from. 1983 until the present. In only 639 accidents the aircraft hit a residence or building. In only 280 accidents, did the aircraft hit a residence_ This works out to 1.1% of all accidents hit a building of some sort, 0.48' o of all accidents hit a residence." Respectfully sub �tted. �f ^ �arle�M�anning 115 l �` A c e. East Kalispell, MT 59901 406-257-6262 Bob Hafferman 9/20/04 Meeting 3. Amending Extension of Services Flan I am apposed to adoption of the proposed revision to the existing general "Extension of Services Plan" for several reason related to: a. a provision that allows the council to use ratepayer's money for "backboning" and b. a provision that apparently requires a developer to upgrade existing roads beyond those the development impacts. I will address my opposition only as it relates to "backboning" In the proposal I do not understand hove it is determined to what extent and how the developer is responsible to improve roads beyond the development's impact area. Nor do I understand how TAXPAYERS will pay for reimbursing the developer. But I do know the taxpayer will pay. At the last workshop, relating to "backboning", Councilman Herron questioned what is the difference between extending the mains paid for by hook-up fees and oversizing using the same fees. I do not believe my answer was adequate_ I could not recall the wordage in the General Extension of Services Plan so I had to research the regulations to arrive at a better answer. The original Standards for Design and Construction recognized that, at times, estimated growth would probably exceed the available capacity in the main need for a particular development. Therefore, this statement was properly adopted by the City Council in the original Standards for D si n and Construction: _T "The City will ultimately increase the size of sanitary sewer lines and plant on the existing City system to handle the increase flaw caused by the development. However, the availability of funds will determine when the City can increase the existing line and plant capacity sufficient to receive the flow from the development. If the City's ability to finance the necessary enlargement lags development growth, the Developer, at the Developer's expense, shall construct City approved alterations to the existing system sufficient to Dandle the specific development. In this event, the Developer will be reimbursed by the City from Sewer Service connection fees collected from said development. Such reimbursement shall not exceed the cost of the improvements to the existing City system., nor will the reimbursement be more than the fees collected from the development." Please note that there was no rate payers money involved, ONLY MONEY OBTAINED FROM A DEVELOPMENT NEEDING THE SERVICE. It seems logical that at the rapid rate of growth that is occurring, increasing the size of mains now may be necessary long before the 30 life of the main needed for a particular development can be routinely replaced. But development, not ratepayers, must still pay the cost of oversizing under the existing regulations whenever the oversizing occurs.. In addition, the Council adopted Growth Policy has the following statement" Policy 3 of Chapter 11, Infrastructure and Public Services: "Impacts from new development that requires upgrading to sewer collection system such as upsizing of mains or lift stations shall be the responsibility of the developers rather than taxpayers." (Note that taxpayers should be ratepayers on utilities). Bob Hafferman 9/20/04 Meeting Also in addition, our duly adopted City Code 2')-40, Connection fees, has the following statement: " The funds accumulated in such an account shall be retained therein and used by the city only for the purpose of helping pay for enlargement of the sanitary sewerage system as it becomes inadequate and needs replacement because of added loads." Note the statement "used by the city ONLY". The upgrading of the lift station and force main on Grandview is an allowable usage of these funds. There is no way these funds can be used for "backboning" The foregoing regulations were adapted by various councils, after significant public involvement and in accordance with law. The regulations were written in plain English that needs no "interpretation" or spinning. A policy can be implemented ONLY if the policy does not violate existing properly adopted regulations. This proposal VIOLATES existing properly adopted regulations. If adopted, those council members voting for adoption will violate their Oath of Office that requires democratically elected representatives follow the Constitutions of this Republic and this State which requires that they follow existing laws. If this proposal is adopted by this Council YOU THE RATEPAYER AND TAXPAYER WILL SUBSIDIZE NEW DEVELOPMENT.