2. Council Minutes - Special Meeting #1 - March 27, 2006A SPECIAL MEETING 11 of THE KALISPELL CITY COUNCIL WAS HELD A. :oo
.M., MONDAY, NCH 27, 200 , IN THE COUNCIL CHAMBERS AT CITY HALL IN
KA ISPELL, MONTANA, MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL
MEMBERS JIM A KINSoN, KARI GA RIE , BOB HAFERMAN, BOB H RRN
RANDY KETYON, TIM K UESNER DUANE LARSON AND HANK o S oN WERE
PRESENT.
Also present: City Manager James Patrick, City Attomey Charles Harball, City Clerk Theresa White.,
Public Works Director .Tires Hans , .darks and Recreation Director .mike Baker, Senior Planner Sean
Conrad, and Recording Secretary Judi Funk.
Mayor Kennedy called the meeting to order and led the Pledge of Allegiance.
A. AGENDA. APPROVAL
rson moved approval of the Agenda. The motion was seconded.
There was no discussion.
The motion carried unanimously upon vote.
B, PUBLIC COMMENT
Darla Harmon, 32 Willow Drive, Evergreen, read a letter from Greg Barkus in favor of sewer service
in Evergreen. (letter is attached hereto and made a part hereof). She also stated she is the president
of Evergreen Community.Partners and said her group feels Cottonwood has a good plan for a quality
subdivision which will include a bike path. Harmon said they would like to see the City cooperate
with the County.
Eric Mulcahy, Sands Surveying, stated he has been working with Cottonwood Estates on what he
feels will be a quality development. He said the only obstacle left is suer service and asked that
Resolution 5103 be approved.
Henry of denberg, PO Box 2, Kalispell, spoke in favor of preserving the Soo foot limit for casinos.
He also spore against the airport affected zone because he is concerned w1th the possibility of micro
jets flying into the airport and residents not having any recourse. o den erg stated if this is the case,
this is a serious taking .issue with other people"s properties.
Mark l .l m, 615 Country Way, sole in support of the sewer resolutions, stating cooperation
between the City and the County is very important. He said the sewer issue is not going to go away
and he thanked the City for taking the first step for -ward.
Steve Middleswo.rt , 153 Wedgewood Lane, realtor, stated he represents Gerald Gilbert and
Bernard's Park. He explained that even though the property is surrounded by the RSID on all four
sides, he cannot hook up to surer. He said Gilbert is just looking for service for four lots and the
property will have to remain undeveloped if he can't get the service.
Kalispell City Council Special Meeting; Minutes (Evergreen
March 2, 2006
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Flathead County Commissioner Gary Hall, 1.227 2 d Avenue West, Columbia Fulls, spoke in favor
of the sewer extension to Cottonwood and Bernard's Park. He said the interim policy makes good
sense and is a good solution until a long terra solution can be found. Hall also commented that
Herron' s memo made a good point; the EPA grant was for a wastewater treatment plant for the City
and County, not just the City.
Joanne Nieman, 735 4th Avenue East, said she doesn't object to the Hilton hotel, but she does object
to another casino in the area.
Doug; Siderius, 737 Egan Road, thanked those who spoke in favor of sewer service and thanked the
Council for their consideration for Cottonwood Estates.
C. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
C 1. RESOLUTION 5103 — INTERIM POLICY EVERGREEN SEWER SERVICE
This resolution establishes an interim policy setting; the terns for using the Evergreen sewer system
by properties located outside the Evergreen RSID 1.32.
Herron moved Resolution 1. 3, a resolution establishing an interim 2006 policy setting forth
the terms of usage of the Evergreen. Sewer conveyance system by properties outlying the
Flathead County Sewer District No. I RSID No. 132. The motion was seconded.
Patrick gave a staff report and stated the concern is that we are rushing into this, adding it's
premature to decide on a plan of action without first seeing the facilities plan update.
Herron stated he does not believe we are rushing anything because we have been dealing with thj*s
issue since he has been on the Council_ He said this is the right thing for the community and we have
to cooperate with our neighbors because the aquifer is very important to the valley. Herron said like
t or not, Evergreen is our neighbor and they are still willing to put money into the upgrade of the
treatment plant right now.
oison said lye's coneemed that 1 o,000 gallons a day is too much and suggested I imiting the amount
to those subdivisions that want to hook up right now and asked 1f we know what that amount is.
Herron answered the best conservative guess i's that Kelsey and Cottonwood combined will use
approximately 50-55,000 gallons a day.
Atkinson stated when the treatment plant was built, Evergreen carve to the Council and convinced
the members that they had to have serer service. He said Evergreen agreed to annexation, and then
sued when annexation was attempted. Atkinson said City residents are paying for the upgrade of the
sever treatment plant, not .evergreen, and asked why the taxpayers should pay to extend City serer
when the City will receive .no benefit from it. Atkinson said we have a responsibility to the citizens
in the City, not the County.
afferman commented he was Public Works Director when expansion plans were started for the
WWT . He emphasized the money was given to Kalispell for an area plant, not just exclusively for
Kalispell City° Cound I Special Meefx M In u t ver fe
March 27, 2006
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the people in the City of Kalispell. He said the only reason Evergreen as"'t mentioned at the time
was because they were talking about building a separate facility. Haffernan said sewer plants are
built to protect the environment and that's what the City{ needs to do.
Kl. esner stated he believes we .need to focus on cooperating with the community and the County,
adding these people will be ratepayers. He said the developers will be paying for the sever extension,
not the City taxpayers. Kluesn r commented this will not hurt the City and is the responsible thing to
do.
Mayor Kennedy said she has concerns with the 150,000 gallons per day and she would like to see
factual information before a policy is set. In addition, the City is working with the State on TMDL
(total maximum daily load) issues which could have a huge impact. She suggested that the Council
move forward with Cottonwood and Bemard's Park, but noted she would feel :more comfortable if
the resolution Bread 1.00,000 gallons per day.
Kenyon agreed that it has been long journey for Cottonwood, but he would be more comfortable
waiting until the facilities plan update is complete before making a deeklon. He said a policy is
based on facts and we don't have sufficient facts at this time. Kenyon said the City needs an overall.
policy rather than dealing with these requests piecemeal.
Herron stated he would life to make a change in the resolution onoe� ring the mention of annexation
districts. He said annexation districts are uncertain and with the recent Supreme Court rulings,
waivers of protest area equate.
Herron moved to amend Section 1, Number 3, by striking "land to further agree, if required by
the City Council, to enter into an annexation district". The motion was seconded.
M esner said he supports the amendment because he feels annexation districts are very open-ended,
ties our hands, and requires a decision within ten years.
Mayor Kennedy stated she cannot support the motion whatsoever. She noted it doesn't tie our hands
at all.t simply gives the Council the flexibility of developing an annexation dlstr t agreement as
possibility in the future.
Larson disagreed. He said some areas will need to be annexed in the future, but others will never be
financially feasible to annex. He said the way he reads the law an annexation district requires
annexation Within ten years, and he doesn't feel the City will ever want to annex Cottonwood.
Mayor Kennedy pointed out this resolution doesn't specify Cottonwood.
Gabriel stated she will not support the amendment, or the resolution, because this is premature, it's a
band -aid approach, and she doesn't like the precedent it sets. Gabriel added she also .fears for the
legal ramifications.
The motion to amend carried upon roil call vote with Hafferman, Herron, Kluesner, Larson,
and Olson voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting
against.
Kalispell City Council special Meeting Minutes (Evergreen)
March ?7, 2006
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Herron moved to amend " o,o o gallons" to "100,000 gallons" wherever referenced in the
resolution. The .motion was seconded.
.e motion to amend carried upon roll call vote with Hafferman, Herron, Klnesner, Larson,
Olson, and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting
against.
Atkinson explained that TMDL means "total maximum daily load" and said the Department of
Environmental menta Quality is considering lowering that number. He said if that happens, the City will not
be able to grow, and this action IS just giving away our capacity.
Larson said he was on the Council when Evergreen was given sewer service and he still believes it
was the right thing to d, stating we need to protect the aquifer.
The main motion as amended twice carried upon roll call vote with Hafferman, Herron,
Knesner, Larson, Olson, and Mayor Kennedy voting in favor and Atkinson, Gabriel, and
Kenyon voting against.
C 2. RESOLUTION 5104 — EVERGREEN SEWER AND WATER CONNECTION
COTTONWOOD ESTATES
ResolutioD5104 authorizes Cottonwood Estates to connect to the Evergreen Sewer District
pending several conditions.
Herron moved Resolution 51041, a resolution regarding the development of Cottonwood Estates
and provision of municipalsewer services thereto. The motion was seconded.
Herron moved to amend " .5o, oo gallons"' to `11 o,00 gallons"'wherever referenced in the
resolution. The gain was seconded.
There was no discussion.
The motion to amend carried upon vote with Hafferman, Herron, Kluesner, Larson, Olson,
and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting against.
Herron moved to amend Section 1, Number 41, by striking "and to Further agree, if required by
the City Council, to enter into an annexation district". The motion was seconded.
There was no discussion.
The motion to amend a rred upon vote with Hafferman, Herron, Klnesner, Larson, and Olson
voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against.
The gain motion as amended twice carried upon roll call vote with Hfern, Herron,
Klnesn.ear, Larson, Olson and Mayor Kennedy voting in favor and Atkinson, Gabriel and
Kenyon voting against.
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March 27, 2006
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C 3. RESOLUTION N 5105 EVERGREEN SEWED. ANC WATER CONNECTION ...
BERNARD'S PARK SUBDIVISION
Resolution 5105 authorizes Lots 3 and portions of Lots 4, 5, and 6 of Bernard's Park Subdivision
to connect to the Evergreen Sewer District pending several ondltlons.
Herron. moved Resolution 5105, a resolution regarding the provision of municipal sever
services to Dots 3 and portions of Lots 4, 5 and 6 of Bernard's Park Subdivision, The motion
was seconded.
Herron moved to amend ` 150,00ogallons" t "100,000 gallons" wherever referenced in the
resolution. The motion was seconded.
"`here was no discussion.
The notion to amend Barried upon vote with Haffern.an, Herron, Klesner, Larson, Olson,
and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting against.
Herron moved to amend Section I, Number 4 y striking "and to further agree, if required b
the Cite Council, to enter into an annexationdistrict". The notion was seconded.
There was no discussion.
The motion to amend carried upon vote with. Haferr an, Herron, Kluesner, Larson and Olson
voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against.
There was further discussion and Patrick answered questions.
The main notion as amended twice carried upon roil call vote with Hall rma , Herron,
Klnesner, Larson, Olson and Mayor Kennedy voting in favor and Atkinson, Gabriel, and
Kenyon voting against.
I. ADJOURN
The meeting was adjourned p.m.
ATTEST:
Theresa White
City Clerk
:Pamela & Kennedy
Mayor
Kalispell City Counil Special Meeting Minutes (Evergreen)
March 7. 2006
Page
March 27, 2006
To: Kalispell City Council
From: Greg Barkus, City of Kalispell Resident and Montana State Senator
District 4 (the city of Kalispell and Evergreen)
Subject: Evergreen Sewer District Conveyance System.
Please accept my apologies for not being there in person, but a severe cold bug has
caught hold of me and won't let go. Thanks s .rl ea.ding this statement to the
Council this evening.
Having been a resident of Evergreen for over 20 years, I have witnessed several attempts
to bring the entitles of Kalispell City and Evergreen together to provide, quality sever and
water services to the area. I to have known the anxieties associated. with those that face
the possibilities of annexation into the city, often without regard to the benefits that the
process will yield. A recent move into the City has left :one with a good perspective of the
situation.
With regard to the Sewage Conveyance System, it now appears that there may he some
agreement to the issue and hopefully you, the City Council, the City Manager, the County
Commissioners and all other interested parties in this area will come to agreement to
support the resolutions that will provide the necessary services to those imp.rovi .g the
area, while protecting the quality of the shared aquifer we all enjoy.
1 know that there is much work to do to arrive at a consensus, but .it appears that the
resolutions before you tonight will go a long way towards solving the long tern
problems, which will balance the infrastructure reeds of our community with the
financial needs of the City. please give the resolutions your positive consideration and
take a positive step toward unifying our communities.
Thank you for your consideration.
Greg Barkus
184 Fairway Boulevard
Kalispell, Mt. 59901