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1. Council Minutes - Regular Meeting October 18, 2004A 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 Tim Hansz, Zoning Administrator PJ Sorensen, Tri-City Planning Director Torn. 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 2. Pledged Securities as of Se tember 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 — Larry & 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 - Salary Ordinance Amendment — 2nd Reading (Moved to Agenda Item E.� Ordinance 1515 amends the salary ordinance to provide for expenses related to Council duties. Kalispell City Council Minutes October 18, 2004 Page 1 7. Table Resolution 4928 to November 1 2004 - Ever Teen District Sewer Lines A work session is scheduled for October 25th to discuss sewer hook-ups outside the Evergreen sewer system. Police Officer Confinnation 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 through October 30th 2004 10. Proclamation — Alpha 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. E15. 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 Ell. 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 detenmine 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. Kalispell City Council Minutes October 18, 2004 Page 3 E12. 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 West, 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, it is ie the best iiitefests af the Flathetid Catt�y aind !he City of Kalispell and theif eitizetis-, WHEREAS, Kelsey Subdivision is located partially within the Evergreen Sewer District so that it oorrtion 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 portion of Kelsey Subdivision is within the Evergreen Sewer District RSID and is therefore eli ible for connection to municipal sewer services through the Evergreen Sewer District conveyance system. the City of Kalispell should allow that ortion of the Kelsey Kalispell City Council Minutes October 18, 2004 Page 4 Subdivision outside of the RSID to also connect to the same municipal. 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 convey ownership of the development's sewer system 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 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 ri ht to protest 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 exchan e 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 1. 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 11. That the above -described written consent clearly indicate that i, 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 , be conveyed to the City of Kalispell and that such agreement must be made by the Evergreen Sewer District prior to conve ance of the sewer lines by the owner and developer to the District. SECTION 111. That upon the Citv Manager nroviding the necessary written consent to the Kelse 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 collections stem operated by the Evergreen Sewer District the owner and developer of said subdivision shall 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 Cit 's a reement to provide municipal sewer services. PASSED AND APPROVED BY THE, CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 2004. Pamela B. Kennedy ATTEST Mayor Theresa White City Clerk 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 ].Wade 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. 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-term 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. Kalispell City Council Minutes 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 an atutexation distriet agreemen a developers a reg emet 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 City's and provide fttlI municipal sewer services within ten 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. Haffennan 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 Court has 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 boloney". 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 aid when sewer was given to there 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. Hafferan 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 IS, 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. El4. 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 11 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 Council Minutes October 18, 2004 Page 8 EIS. 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 Hafferman 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 Pamela B. Kennedy Mayor Kalispell City Council Minutes October 18, 2€ 04 Page 9