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1. Council Minutes - Regular Meeting January 18, 2005A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS .HELD AT 7:00 P.M., TUESDAY, JANUARY I8, 2005, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI 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 Planner Narda 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 januqLy 3 2005 2. Pledged Securities as of December 31 2004 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 permit to open a day care center, Kalispell City Council Minutes January 18, 2005 Page 1 E. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION E/L 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. Larson 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 — I ST 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/COUiNCIL/CITY MANAGER'S REPORTS No Action Haffennan 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 Emriek 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 how 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. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor Kalispell City Council Minutes January 18, 2005 Page 3 1/18/05 CITY COUNCIL MEETING COMMENTS BY .IONI EMRICK: My name is .Toni Emrick and I have been your WWTP Manager for 11 years. An article in the Daily Interlake on January 12'h 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 Iow 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, SOD 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, -Toni Emrick Ashley Creek Comparison 1999-2004 9.00 8.00 7.00 - V.00 ■� 00 t fat., i, 5���"s�4d `, If�A i •` kt�a fl �( `�..v.�5��5��x a �,`b..5�4�t{�`;�� � � i�ti�`� � 4.00 3.00 2.00 s 1.00 0.00 Ow j D. 0. mg/L D. 0. mg/L NH3 - N mg/L NH3 - N mg/L Upstream Downstream Upstream Downstream �® ,I-rr j_ LU, l ' — �- — L' Z� 4 � improvements.c By WILLIAM L. SPENCE 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. sinners 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 neces- meal services to Evergreen sewer, sary pipeline extensions and said he met w uh Commissioner Howard Gipe last March to discuss a land donation. He was interested in a 10-acre parcel on the 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 river to the north and south oral by forest and river to the east, 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 Adnunistrator Myrt Webb. See LAND on Page A3 , It"s on Evergreen I s shoulders to make something happen' LAND/From Al For example, the county doesn't own all of the proper- ty. The vo-ag program owns a portion of fraud 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 tending that's expected to pay for the, work. However, the suitability of this particular parcel appar- ently doesn't affect the coun- ty's Open-ended offer. "About two tnonths ago, the counnissioners agreed in prin- ciple to give Evergreen 10 acres for the purposes of building c now trettinent plant," Webb said fast week. "Now the''guestion fs, 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." Care 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 nominat tee." 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 puttingit out to bid. Hyde said the district will have a better idea how it wants to proceed once the fea- sibility study is completed. A consultant has yet to be hired to do t:he 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 recomrnemfations 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 made not to build any addi- handling septic sludge. (The tional capacity into the pipes. district's current hybrid eel- Consequently, the capacity to lotion system includes about convey sewage from [new 1,600 septic tanks. The effluent users] north of Evergreen goes loto the sewer pipes, doesn't currently exist" and rather than into a drain field, would have to be added by brit the tanks themselves have enlarging the pipes. to be pumped out separately.) "That's one of the draw - Another major issue, he backs to locating a treatment said, will be the state 'permit plant on this county proper - requirements. Depending on ty," he said. `But there are what's done with the effluent pros and cons to going either after it's treated, Lire ptant will north or south of the district. have to meet specific water There's no clear-cut winner at quality standards, which can this point. That's part of what have a Sig- the feasi; ruficant bility influence e have to prepare for study will on the growth — something we've do --put jeel cost each pro- (lone too e of —so wen a little Borne cost hefigures to the vari- a permit isn't guair- nIeed, by need to be i"eceptive' any ineaus," Hyde said. Ever- group comes to its with a plan for dealing with it, we Commissioner Gary Hall green Cur rently han- dles about 455,000 gal - tons of sewage per day. The effluent is sent to Kalispell's municipal wastewater plant for treatment, after which it's discharged into Ashley Creek. Too 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 study. A ballpark cost: estimate for a project of that size, he said, is $20 iniflion to $25 million. That includes $13 million to $1.5 trlllion for the plant itself, plus several million more for any new or expanded trunk Imes 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 ous options." One issue the study is unlikely to address, though, is whether it even makes sense to build a second treat- metit 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 budgetcon- straints. A new plant would provide Evergreen with the freedom and security it's been longing for, both by giving it the cupac- 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 fit Whitefish after a lengthy court battle. However, Commissioner Gary Hall 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 as with a plan for dealing with it, we need to be receptive." Hall also noted that the county'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 [lob Warne, who attended last week's meeting gn the county site, could not be reached for com- ment. From a purely engineering standpoint, Hyde said it weight 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 wager flows. So if we continue to concentrate larger and larger amounts of efll cent into that tiny stream — there are water quality ramifica- tions to that. A new plant located somewhere with high- er flows might work better-. "Maybe the city shouldn't keep pumping money into its facility. Maybe it should aban- 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 bspence@dailvinter- lake.cont