01/18/05 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M., TUESDAY, JANUARY 18, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM ATKINSON, KART GABRIEL, BOB HAFFERMAN, RANDY KENYON,
DUANE LARSON, AND HANK OLSON WERE PRESENT. COUNCIL MEMBERS BOB
HERRON AND JAYSON PETERS WERE ABSENT.
Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White,
Community Development Director Susan Moyer, Finance Director Amy Robertson, Fire Chief
Randy Brodehl, Municipal Judge Heidi Ulbricht, Parks Director Mike Baker, Parks Administrative
Specialist Lisa Simmer, Police Chief Frank Garner, Public Works Director Jim Hansz, Tri-City
Senior PlannerNarda Wilson, WWTP Manager Joni Emrick and Zoning Administrator PJ Sorensen.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA APPROVAL
Kenyon 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.january 3 2005
2. Pledged Securities as of December 312004
3_ Police Officer Confirmation
Officer Michael Brooks has successfully completed his 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.
C. STUDENT ISSUES
None.
D. PUBLIC COMMENT
Nancy Greer, 1867 Ashley Lake Road, spoke in favor of the request by Flathead Hospital
Development Company, LLC for a conditional use pen -nit to open a day care center.
Kalispell City Council Minutes
January 18,2005
Page 1
E. REPORTS/RECOMMENDATIONS AND SUBSE UENT COUNCIL ACTION
Eft. CONDITIONAL USE PERMIT — DAY CARE CENTER
This is a request by Flathead Hospital Development Company, LLC for a conditional use permit to
operate a day care center for Kalispell Regional Hospital employees' children in an existing two
story office building located at 66 Claremont Drive.
Larsen moved the Council approve the conditional use permit for Flathead Development
Company, LLC subject to the attached conditions. The motion was seconded.
Wilson explained the day care would handle up to 94 children and would be located in an existing
two story building that has approximately 8,000 square feet per level. Wilson noted the lower level
of the building is occupied by the VA Clinic while the upper level would be remodeled for the day
care center. She said the planning board is recommending the conditional use permit be approved
with a minor modification allowing the center to have a six foot high fence in the front yard rather
than a 42 inch high fence.
Mayor Kennedy asked Wilson to explain why the day care will be limited to 94 children.
Wilson said there's a limitation in relation to square footage and also the ratio of teachers per
student.
The motion carried unanimously upon roll call vote.
E/2. ORDINANCE 1523 —ZONING ENFORCEMENT ADMENDMENT —1ST READING
Currently a violation of Kalispell's zoning ordinance is treated as a criminal misdemeanor.
Ordinance 1523 would amend the enforcement section and make any violation a civil infraction.
Atkinson moved first reading of Ordinance 1523, an ordinance amending Ordinance No.1175
codified as a portion of the Kalispell Zoning Regulations to decriminalize zoning violations and
make such zoning violations civil infractions and declaring an effective date. The motion was
seconded.
Patrick gave a staff report.
There was no discussion.
The motion carried unanimously upon roll call vote.
F. MAYOR/COUNCIL/CITY MANAGER'S REPORTS No Action
Hafferinan asked that a work session be scheduled to discuss the notification process for land use
issues. He said currently staff is required to notify property owners within 150 feet of the project and
he would like to see that range increased.
Kalispell City Council Minutes
January 18, 2005
Page 2
Olson asked Patrick to comment on a recent Daily Interlake article concerning the City's wastewater
plant.
Patrick said the article was disconcerting to staff "especially since it addressed some negative
innuendos as far as our treatment of the environment". Patrick asked WWTP manager Joni Emrick
to respond.
Emrick read a written statement concerning plant discharge. (Statement and Daily Inter Lake
January 12th article are attached and by this reference are made a part of the official record)
Atkinson commented he has heard many times how poorly that plant is doing and it can't be said
loud enough that if the EPA is giving Kalispell awards for the treatment plant then "all others should
be quiet".
Mayor Kennedy said she doesn't know bow to get the correct information to the public, but
complimented Emrick and her staff on their outstanding work.
Olson noted the City would not be getting the go ahead to enlarge the plant if we weren't doing a
good job.
Patrick said every aspect of the plant is constantly being evaluated by regulatory agencies and the
City continues to fall under the thresholds set for discharge by a considerable margin.
G. ADJOURN
The meeting was adjourned at 7:33 p.m
r t
Pamela B. Kenned
Mayor
ATTEST:
Theresa White
City Clerk
Approved February 7, 2005
Kalispell City Council Minutes
January 18, 2005
Page 3
1/18/05 CITY COUNCIL MEETING COMMENTS BY JONI EMR.ICK:
My name is Joni Emrick and I have been your WWTP Manager for I years.
An article in the Daily Interlake on January 12th included the following comment attributed
the engineers for Evergreen: "Given the economies of scale, it makes sense to concentrate all
the sewage at a single plant. But Kalispell uses Ashley Creek as a receiving water. At certain
times of the year, the creek has very low water flows. So if we continue to concentrate larger
and larger amounts of effluent into that tiny stream —there are water quality ramifications to
that. A new plant located somewhere with higher flows might work better." This comment
clearly implies that increasing the City's discharge to Ashley Creek will adversely affect water
quality. This is wrong. Further, it reflects a poor understanding of the regulations a
municipality must follow to operate a wastewater treatment facility.
Many years ago people would say that the solution to pollution is dilution. For a small stream
like Ashley Creek this is definitely not the case. Discharging effluent into a small stream
requires us to do a much better job of removing ammonia and other contaminants such as
solids, BOD and phosphorus. The plant has consistently removed 95% or better of all
contaminants for 12 years, even as flows have increased. In recognition of this the
Environmental Protection Agency gave us a first place national award in 2003 and we have
the enthusiastic support of both the Environmental Protection Agency and the State of
Montana Department of Environmental Quality to expand the plant to better serve our
community.
At the time this plant was built, Kalispell considered 3 options: 1) Pipe the effluent to the
Flathead River where our contribution would be small by comparison; 2) Drill a series of
wells to greatly dilute the effluent from a simpler less efficient plant discharging into Ashley
Creek; 3) Build a modern plant capable of producing a better quality effluent. Kalispell
wisely chose the third option. Your goal was to do a better job and that goal has been met.
We know this to be true and so do those who regulate our work.
The Montana Department of Environmental Quality monitors our performance in many
ways. Historically, their concerns for Ashley Creek, both above and below the plant, have
focused on dissolved oxygen and ammonia because these parameters must be correct to
protect fish. Your plant is doing such an outstanding job of removing ammonia and adding
dissolved oxygen that the water quality of Ashley Creek is actually improved below the plant.
This is shown on the chart. We have frequently made the statement that the water quality in
Ashley Creek is better below the plant than above; the record clearly shows this to be true.
Ultimately improving water quality in the Flathead basin depends on how well we manage the
total load of pollutants, both natural and human caused, that flow into Flathead Lake. The
Kalispell plant is doing its part in this complicated process.
Respectfully submitted,
r Joni Emrick Emrick
Ashley Creek Comparison 1999-2004
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B WILLIAM L. SPENCE
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improv er it c
Whether it can solve that fund -
The Daily Inter Lake
ing puzzle — or meet state permit
requirements for a new plant — is
The Flathead County commis-
still highly uncertain.
sioners recently agreed to give 10
The district's board of directors
acres of land to the Evergreen
has ordered a treatment plant fea-
sewer district for a new waste-
sibility study, which should
water treatment plant.
answer most of the questions
All the district has to do now is
about the project.
figure out how to pay for the facil-
Andy Hyde with Carver
ity, which could cost up to $25
Engineering, which provides tech -
million, including all the necds-
nical services to Evergreen sewer,
sary pipeline extensions and
said he met with Commissioner
Howard Gipe last March to discuss
a land donation. He was interested
in a 10-acre parcel on tine south
side of Kalispell, at the end of FFA
Drive adjacent to the county Weed
and Parks Department.
"We were standing at the fence
line and Howard said, 'There it is.
If you want it, you can have it,"'
Hyde noted.
The property is 'currently used
by Flathead High School's vo-ag
program as a pasture and animal
science study area. It occupies the
high ground at the base of an
oxbow in the Stillwater River and
is bordered by the giver to the
north and south acid by forest and
river to the east. t
That specific site may not be
the one that's ultimately chosen
for the new plant, though. A few
potential problems with it were
uncovered last week during a
meeting called by interim County
Administrator Myrt Webb.
See LAND on Page A3
`It's on -Evergreen's shoulders to make something happen'
For example, the county
doesn't own all of the proper-
ty. The vo-ag program owns a
portion of it and isn't particu-
larly thrilled about losing the
rest to a treatment plant. The
Flathead Conservation Dis-
trict also is concerned that
giving the pasture to the sew-
er district might torpedo an
upcoming bank stabilization
project along the Stillwater
because of certain conditions
in the grant funding that's
expected to pay for the work.
However, the suitability of
this particular parcel appar-
ently doesn't affect the court-
ty's open-ended offer.
"About two months ago, the
commissioners agreed in prin-
ciple to give Evergreen 10
acres for the purposes of
building a new treatment
plant;" Webb said last week.
"Now thequestion is, which
10 acres? It's up to Evergreen
to decide what they want to
do. They still have a lot of hur-
dles they need to clear."
Once a suitable location is
identified and the district is
ready to move forward, Webb
said, the commissioners'
intention is to give Evergreen
the property "for a nominal
fee." They would have to pass
a formal resolution of intent
to that effect and give the pub-
lic an opportunity to comment
— but because the sewer dis-
trict is a public entity, the
county could then simply give
the property away without
putting it out to bid.
Hyde said the district will
have , better i&n now it
wants to proceed once the fea-
sibility study is completed. A
consultant has yet to be hired
to do the work, but he expect-
ed the document to be avail-
able before the end of the year.
The study will identify the
potential service area for the
new plant, Hyde said. It will
provide recommendations on
what treatment technology to
use, together with estimates of
system flows, project costs
and a proposed plant layout. It
also will consider whether to
incorporate any methods for
handling septic sludge. (The
district's current hybrid col.
lection system includes about
1,600 septic tanks. The effluent
goes into the sewer pipes,
rather than into a drain field,
but the tanks themselves have
to be pumped out separately.)
Another major issue, he
said, will be the state permit
requirements. Depending on
what's done with the effluent
after it's treated, the plant will
have to meet specific water
quality standards, which can
have a
nificant
influence e have
on the growth — so ove
Lc t co ject clone too little
cost..all
"Getting group come
a permit 1a72 Fo7 deal
isn't guar- J
anteed, by need to b
any
means",
Hyde said. 0 ( ;ommissi
Ever-
green cur-
rently han-
dles about
455,000 gal-
lons of sewage per day. The
ef3luant is sent to Kalispell's
municipal wastewater plant
for treatment, after which it's
discharged into Ashley Creek.
The district board has pre-
viously discussed building a
facility that could handle
about 2 million gallons of
sewage per day, but Hyde cau-
tioned that that number was
`"picked out of the air" and
could change depending on
the outcome of the feasibility
stttrly
A ballpark cost estimate for
a project of that size, he said,
is $20 million to $25 million.
That includes $1.3 million to
$15 million for the plant itself,
plus several million more for
any new or expanded trunk
lines and pump stations that
would be required.
"Most of the potential new
service area is north of Ever-
green," Hyde said. "When the
district's sewage collection
system was initially built,
there was an explicit decision
made not to build any addi-
tional capacity into the pipes.
Consequently, the capacity to
convey sewage from [new
users] north of Evergreen
doesn't currently exist" and
would have to be added by
enlarging the pipes.
"That's one of the draw-
backs to locating a treatment
plant on this county proper-
ty," lie said. "But there are
pros and cons to going either
north or south of the district.
'there's no clear-cut winner at
this point. That's part of what
the feasi-
bilityto prepare for suy
stttdy will
mething we've do —put
some cost
of .m so when a figures to
s to us with a the vari-
in ' with it, we Bus
k options."
e receptive' one
oner Gary Hall
issue the
study is
unlikely to
address,
though, is
whether it
even
makes
sense to build a second treat-
ment plant, given that there's
already one in place less than
two miles from the county site
— and Kalispell is actively
working to expand its plant.
Another issue is why the
commissioners would simply
give away 10 acres, particular-
ly at a time when the county is
facing serious budget con-
straints.
A new plant would provide
Evergreen with the freedom
nbuag
for, both bygivingit the capac-
ity to expand its service area
and by preventing Kalispell
from using its sewer system to
forcibly annex the district —
similar to what took place
recently in Whitefish alter a
lengthy court battle.
However, Commissioner
Gary Ball said the county's
participation in this project
has more to do with growth
than with any ongoing spat
between the two communities.
"We know there's going to
be substantial growth north of
Kalispell and Evergreen, and
there needs to be [additional
treatment capacity] to handle
that growth," Hall said.
"Hooking up to Kalispell's sys-
tem remains an option, but
who knows what the future
holds? As commissioners, we
need to look at all the alterna-
tives. We have to prepare for
growth -- something we've
done too little of -- so when a
group comes to us with a plan
for dealing with it, we need to
be receptive."
Hall also noted that the
Bounty's involvement in this
is "minuscule" compared to
the overall scope of what
needs to be done.
"It's on Evergreen's shoul-
ders to make something hap-
pen," he said.
Commissioner Bob Watne,
who attended last week's
meeting ph,the county, kite,
could not be reached for com
went.
From a purely engineering
standpoint, Hyde said it might
be cheaper to operate a single
treatment plant, but he sug-
gested that Kalispell's facility
has some drawbacks that
could be avoided with a new
facility.
"Given the economies of
scale, it makes sense to con-
centrate all the sewage at a
single plant," he said. "But
Kalispell uses Ashley Creek as
a receiving water. At certain
times of year, the creek has
very low water flows. So if we
continue to concentrate larger
and larger amounts of effluent
into that tiny stream -- there
are water quality rµ ^'-ca-
tions to that. A newplant
located somewhere with high-
er flows might work better.
"Maybe the city shouldn't
keep pumping money into its
facility. Maybe it should abart-
don that plant and go in with
Evergreen on a new one.
There's never just a simple
answer."
Reporter Bill Spence may be
reached at 758-4459 or by e-
mail at bspenceCdailyinter-
lake.corn