10/18/04 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., MONDAY, OCTOBER 18, 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, Finance Director Amy Robertson, Fire Chief Randy Brodehl, Parks and Recreation Director
Mike Baker, Public Works Director Jim Hansz, Zoning Administrator PJ Sorensen, Tri-City
Planning Director Tom Jentz, 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
Council Minutes -- Regular Meeting October 4, 2004
Pledged Securities as of September 30, 2004
3. Engineering Supplement #9 — Meridian Road Project
Supplement #9 is expected to be the final amendment of the design contract necessary to
complete the Meridian Road Project.
4, Ordinance 1510 -Initial Zoning — Lagy & Sandy Heuscher — Stillwater Bluffs
Subdivision — 2nd Reading
The Heuschers have requested an initial zoning designation of R-3, Urban Single Family
Residential, and R-4. Two Family Residential, on approximately twelve and a half acres
located on the west side of Country Way South, between Country Way and Granrud Drive.
5. Ordinance 1514 - Eastside Traffic Calming.Measures — 2nd Reading
Ordinance 1514 establishes several changes in the area around Hedges School to calm
neighborhood traffic and enhance child safety.
6. Ordinance 1515 - Sala Ordinance Amendment --- 2nd Reading Moved to Agenda Item
EIS
Ordinance 1515 amends the salary ordinance to provide for expenses related to Council
duties.
Kalispell City Council Minutes
October 18, 2004
Page 1
Table Resolution 4928 to November 1, 2004 - Evergreen District Sewer Lines
A work session is scheduled for October 25th to discuss sewer hook-ups outside the
Evergreen sewer system.
S. Police Officer Confirmation.
Officer Carl Brisendine has completed his one-year probationary period with the Kalispell
Police Department and council confirmation is requested.
9. Proclamation — Red Ribbon Week — October 24 throu h October 30th, 2004
10. Proclamation — Al ha Delta Kappa Women Educators Month — October 2004
Atkinson moved approval of the Consent Agenda. The motion was seconded.
Hafferman moved Consent Agenda Item #6 be moved to Agenda Item E/5. The motion was
seconded.
There was no discussion.
The amendment carried upon vote with Gabriel, Hafferman, Herron, Kenyon, Larson, Olson
and Mayor Kennedy voting in favor, and Atkinson and Peters voting against.
The main motion as amended carried unanimously upon roll call vote.
C. STUDENT ISSUES
Jeffrey Bartels, Kalispell Youth Advisory Council Lieutenant Mayor, informed the Council that the
KYAC now has ten members and they are looking forward to working with the City on possibly
turning the armory building into a youth recreation center.
D. PUBLIC COMMENT
Beverly Braig, representing the Juniper Bend Homeowners Association, asked the City to accept
Juniper Bend Drive into the City's street system and thanked the City Council and the staff for their
help in the process.
E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
E/I. MOTION TO DIRECT STAFF - TWO RIVERS MASTER PLAN AMENDMENT
UPDATE
Peters moved the Council allow Forrest Sanderson to present an update on the proposed Two
Rivers Master Plan Amendment. The motion was seconded.
Forrest Sanderson, Flathead County Planning Office, presented an overview of the application,
outlining the differences between the proposed amendment and Kalispell's Growth Policy.
Hafferman commented that in order to better understand this proposal, he asked the County for a
copy of the report, which he found to be well written and informative, with the engineering analysis
Kalispell City Council Minutes
October 18, 2004
Page 2
clearly explaining the issues. He said we often hear the terminology that planning is developer
driven, but that isn't the case with this proposal, and the first page of the application states: "Two
Rivers Land Association is a group of landowners united for a common purpose of pursuing a
growth policy amendment. Many of these landowners are longtime residents of the valley with a
majority of them still owning and farming land originally homesteaded by their parents". Hafferman
noted these are landowners trying to determine their own destiny on their own land, and who are not
looking at others to finance their plans. Hafferman suggested the Council authorize the Mayor to
write a letter to the County expressing appreciation for keeping the City updated and to ask for
copies of all planning documents, written comments and any actions taken by the Commissioners.
Peters said an important component to the proposal is how services will be provided with three
options mentioned: 1) an on -site treatment facility; 2) a facility built by Evergreen; or 3) through
Kalispell. He said he feels the letter should also contain the Council's willingness to find a way to
provide services.
Mayor Kennedy asked if he would like to amend his original motion by adding authorization for the
letter.
Peters moved an amendment authorizing the Mayor to write a letter to the County expressing
appreciation for keeping the City updated on the Two Rivers proposal, requesting copies of all
planning documents, written comments, and subsequent action by the Commissioners, and
indicating the City's interest in participating in the ongoing discussion of sewer service. The
motion was seconded.
Atkinson stated the growth policy mainly lists urban residential in this area, whereas the Two Rivers
proposal shows commercial and high density residential. He asked if the difference in land use
designation would mean a much higher sewage usage, and if so, can the treatment plant handle it.
Hansz answered that generally commercial will generate smaller quantities of sewage on a square
footage basis so there's a potential one will balance the other, however, he has recommended getting
information from the County with respect to the specifics of the proposal so we can compare them
against the assumptions made during the utility planning process to determine whether there is a
quantifiable difference. He said as far as the plant handling it, the City is going through the process
right now to expand the facility substantially, and when it's finished the capacity will be double what
the plant is currently.
Larson suggested someone from the Council attend the public hearing scheduled for October 27th
and asked if the motion would cover that.
Mayor Kennedy said she would be happy to attend the hearing and read the letter into the record.
She said if the Council agrees that a letter should be drafted, she would also hope it sends direction
to our staff to continue to communicate with the County in finding a common thread for proper
planning in this area.
Olson said he appreciates that this proposal is owner driven, instead of government driven. He said
he believes the City will be quick to recognize the proposed land use as submitted by the owners.
The motion carried unanimously upon vote.
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October 18, 2004
Page 3
Eft, MOTION TO AMEND SOMETHING PREVIOUSLY ADOPTED - RESOLUTION
4936 - KELSEY SUBDIVISION RE UEST FOR SEWER SERVICE
The City Council, at its regular meeting September 20th, approved a request from Andrew Farris for
municipal sewer services to Kelsey Subdivision through the Evergreen Sewer District. The City
Council is now considering amending that resolution.
Gabriel moved to amend something previously adopted and place Resolution 4936 back on the
table. The motion was seconded.
The motion carried unanimously upon vote.
Peters explained the resolution passed on September 20th contained language stating: "Whereas, it is
in the best interests of the City of Kalispell that 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 convey ownership of the
development's sewer system to the City". He said two days later, the Supreme Court ruled in favor
of Whitefish concerning waivers of annexation which he feels impacts the issue. Peters said he feels
because of that ruling it's prudent to amend this resolution to make it user friendly for this
development and other developments that may have a similar situation.
Peters moved to amend Resolution 4936 as follows. The motion was seconded.
RESOLUTION NO. 4936A
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 Nest, and hereafter referred to as
"Kelsey Subdivision", seeks to develop said property to an urban density and therefore
desires the services of a municipal sewer and community water supply; and
WHEREAS, Kelsey Subdivision is located partially within the Evergreen Sewer
District so that it portion 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 that portion of the Kelsey Subdivision outside of its
RSID 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, and
WHEREAS since a ortion of Kelsey Subdivision is within the Evergreen Sewer District RSID and is
therefore eligible for connection to municipal sewer services through the Evergreen Sewer
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October 18, 2004
Page 4
District conveyance system, the City of Kalispell should allow that portion of the Kelsey
Subdivision outside of the RSID to also connect to the same munici al sewer services; and
WHEREAS, it is in the best interests of the City of Kalispell that if all of 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
enter into an agreement with Evergreen in which the Evergreen Sewer District shall agree to
cone ownershi of the development's sewers stem to the City at such time as the City
annexes the subdivision into the City of Kalispell, and
WHEREAS, it is further in the best interests of the Citv of Kalispell that if all of Kelsev Subdivision is
allowed to utilize the sewer utilities of the City via the Evergreen Sewer conveyance system,
the owner and developer of said subdivision should execute a waiver of ri ht to rotest
annexation and also enter into an annexation district agreement with the City of Kalispell in
which it is agreed by the parties that the subdivision shall be developed to certain urban
standards in exchange for the Cit 's agreement to annex said subdivision and provide full
municipal sewer services within ten years.
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 lI. That the above -described written consent clearly indicate that it is the City's pesitiaii,
ownership of the sewer system that is developed within the Kelsey Subdivision shall,
at the time it is annexed into the City of Kalispell, eeiiiieeted to the F'-ey-gfeetft,
be conveyed to the City of Kalispell and that such agreement
must be made by the Evergreen Sewer District 13riorto conveyanec ofthe sewer lines
by the owner and developer to the District.
SECTION III. That upon the Citv Manager vrovidin the necessary written consent to the_Kelse
Subdivision and the Ever reen Sewer District anproving the construction of sewer
lines serving the Kelsey Subdivision that will connect to the mains or services of the
collections stem operated by the Evergreen Sewer District the owner and develo er
of said subdivision shall execute a waiver of right to protest annexation and also
enter into a developers a Jreement with the City of Kalispell in which it is agreed b
the parties that the subdivision shall be develo ed to certain urban standards in
exchange for the Citv's agreement to rovide munici-pal sewer services.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL, THIS DAY OF , 2004.
ATTEST
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
Kalispell City Council "Minutes
October 18, 2004
Page 5
Hafferman commented the amended resolution states we are going to annex this area within ten
years. He said the agreement made with the Evergreen Sewer District was that Evergreen would
own the lines, and the City would own the lines if, and only if, the area was ever annexed and it
became a legal requirement that we own the lines. Hafferman said the issue of annexing in ten years
was not what was agreed upon and because of that, he can't vote for the amendments.
Peters said the ten year limit is set in the annexation district agreement and doesn't lock the Council
into ever annexing this area if it doesn't want to, and even though the issue was discussed with the
Evergreen board, a formal commitment was never made. He said he's comfortable with the City not
owning the lines until the area is annexed, which may never happen, but if a future Council does
annex then he feels strongly that those lines need to be turned over to the City. Peters said he feels
this is a great compromise, which he added isn't to satisfy this developer, it's to figure out what the
City's precedent is going to be.
Hafferman said if the Council passes this resolution, it will set a precedent for annexing little islands
in the Evergreen area in ten years that "will break the backs of our taxpayers". He said the proposed
resolution states the City will be annexing within ten years.
Harball stated when annexation districts were discussed he indicated his preference is not to enter
into one unless the Council is going to follow through with it. He said he understood the Council
would never consider annexing Cottonwood, but it would consider annexing Kelsey and that's why
it's included in the resolution. Harball noted he doesn't feel this resolution sets a precedent for
annexation district agreements in the future, but the reading he got from the last discussion is that
the Council wanted the opportunity to annex Kelsey Subdivision in the future because of it's
location.
Larson said he will support the amendment because things can change in ten years and in that period
of time there may be no reason to follow through with the annexation. He stated he feels this is a
reasonable compromise for a particular circumstance.
Kenyon commented the Council needs to develop an overall long -terra policy for this issue and then
plug Kelsey Subdivision into it. He said doesn't understand why the Council is being driven into
making "this developer feel better". In addition, Kenyon questioned why the Council is allowing
Evergreen to "do our planning for us".
Mayor Kennedy responded that the developer of the Kelsey Subdivision is going to the County
Commissioners to request a separate sewer district and the City wouldn't have time to develop an
overall policy prior to that happening. She added this is a unique situation with part of the
development being inside the sewer district and part outside the district.
Olson asked if it's possible to remove the annexation district agreement which would remove the
Council from the annexation issue.
Harball said the Council could delete the agreement, but there was concern expressed as to
development standards. He said he believes the standards could be addressed in a developer's
agreement instead.
Hafferman emphasized the resolution states the City will annex within ten years.
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October 18, 2004
Page 6
Peters moved to amend the last whereas to read: "it is further in the best interests of the City of
Kalispell that if all of Kelsey Subdivision is allowed to utilize the sewer utilities of the City via the
Evergreen Sewer conveyance system, the owner and developer of said subdivision should execute a
waiver of right to protest annexation and also enter into a developers
agreement with the City of Kalispell in which it is agreed by the parties that the subdivision shall be
developed to certain urban standards in exchange for the Cip.
ment to annex said subdivision
fknd�evide Nil municipal sewer services within it years. The motion was seconded.
Atkinson asked if this amendment would strengthen or weaken the City's ability to annex at a later
date.
Mayor Kennedy answered it wouldn't do either. She said it just eliminates the stipulation that the
City will annex within ten years.
Haffenuan said we should "scrub this whole thing". He said the City doesn't have an urban standard
and the Council is trying to "come in the back door by amending our standards for design and
construction" and using them for the Kelsey Subdivision.
The amendment carried upon roll call vote with Gabriel, Herron, Larson, Olson, Peters, and
:Mayor Kennedy voting in favor, and Atkinson, Hafferman and Kenyon voting against.
Herron questioned why the City would want its ratepayers to be responsible for maintaining those
lines and those lift stations when they don't have to. He said he just doesn't understand why it's
important for the City to own the lines, especially now that the Supreme Courthas ruled that waivers
of protest for annexation are valid.
Gabriel said supporting this amendment is a compromise because she didn't support Kelsey to begin
with, but she will vote in favor of it as long as the City owns the lines at the time of annexation.
Haffennan said the sewer plant has a certain capacity and doesn't care who owns the lines. He said
the idea that who owns the lines is tied into the capacity is a "bogus bunch of baloney"
Atkinson commented it will be hard for him to vote for this resolution because he feels the City is
compromising on something it's never had to compromise on before. He said if the City allows for
the sewer lines to belong to Evergreen without some provision for the City to own them, then the
City is allowing the growth of the Evergreen Sewer District's jurisdiction and their ability to develop
the way they did when sewer was given to them in the first place. Atkinson stated he doesn't feel the
City needs to compromise, however, if the Council feels a "political need" to do something, then he
trusts the Council to make good decisions when developing a long term policy. He said he may be
able to vote for the new resolution if he can get assurance that this subdivision is so unique that it
will not set any precedent in the future.
Herron said he feels there are two good reasons to amend the resolution. First, it would be "totally
absurd" to allow an on -site treatment facility when there is already a collection system available. He
said from the dollar standpoint, the City owns a utility that will bring in approximately $55,000
when this development connects.
Haffen-nan said it's still a never ending battle because if you don't hook them up, you don't have to
expand the plant.
Kalispell City Council Minutes
October 18, 2004
Page 7
The main motion as amended carried upon roll call vote with Atkinson, Gabriel, Herron,
Larson, Olson, Peters, and Mayor Kennedy voting in favor, and Hafferman and Kenyon
voting against.
E/3. RESOLUTION 4944 — ACCEPTING JUNIPER BEND DRIVE
The Juniper Bend Homeowner's Association is requesting the City accept ownership and
maintenance of Juniper Bend Drive.
Peters moved Resolution 4944, a resolution to accept the grant and conveyance by the Juniper
Bend Homeowner's, Inc. of a certain portion of Juniper Bend Drive to be dedicated to the City
of Kalispell for the use of the public and to be forever owned and maintained by the City of
Kalispell. The motion was seconded.
Hansz gave a staff report.
Hafferman moved an amendment to the resolution to add a whereas stating: "an engineering
report by _ dated certifies the roads were built in accordance with the
City's standards for design and construction, except for existing road grades and a 40 foot
right-of-way width". The motion was seconded.
Hansz noted it's incorrect to include the 40 foot right-of-way now because at the time the
construction was done, the right-of-way requirement was 40 feet.
Hafferman agreed to remove any reference to the 40 foot right-of-way from the amendment.
The second concurred.
The amendment carried unanimously upon vote.
Mayor Kennedy commented this has been ongoing for a couple of years and she's pleased it has
finally come before the Council.
The main motion as amended carried unanimously upon roll call vote.
E/4. FINAL PLAT -EMPIRE ESTATES SUBDIVISION — PHASE 2
This is a request for final plat approval of Empire Estates, .Phase 2, that plats 59 lots on
approximately 1 l acres located on the east side of Stillwater Road north of Three Mile Drive.
Larson moved Council accept the subdivision improvement agreement and approve the final
plat for Empire Estates Subdivision Phase 2. The motion was seconded.
Wilson gave a staff report.
There was no discussion.
The motion carried unanimously upon vote.
Kalispell City Councii Minutes
October 19, 2004
Page 8
E/5. ORDINANCE 1515 - SALARY ORDINANCE AMENDMENT — 2ND READING
Ordinance 1515 amends the salary ordinance to provide for expenses related to Council duties.
Larson moved second reading of Ordinance 1515, an ordinance amending Ordinance 1506 to
set an amount for payment of expenses to City Council members and declaring an effective
date. The motion was seconded.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Larson,
Olson, Peters and Mayor Kennedy voting in favor, and Hafferan voting against.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Mayor Kennedy announced this will be the last formal meeting with Frank Garner, the Interim City
Manager. She thanked Garner for accepting the position and the extra work, adding it's been a
seamless transition.
Larson noted the staff deserves credit also for their cooperation and willingness to work with Garner.
Larson also thanked White and the staff for their work in conjunction with the Montana League of
Cities and Towns convention.
Olson asked for an update on the highway bill and whether there will be any money appropriated for
the bypass.
Mayor Kennedy said the new highway bill includes bypass dollars but was informed by
Congressman Rehberg last evening that the new bill has been postponed until the first of the year.
She said the current highway bill, which doesn't include any monies for the bypass, was extended
until then.
Garner said he's really enjoyed his time as Interim City Manager, adding the staff does a great job.
G. ADJOURN
The meeting was adjourned at 8:53 p.m.
ATTEST:
Theresa White
City Clerk
Approved November 1, 2004
N nela B. Ken � dy
Mayor _.4�..
Kalispell City Council Minutes
October 18, 2004
Page 9