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11-13-18 Work Session Agenda and MaterialsCITY COUNCIL WORK SESSION AGENDA TUESDAY, November 13, 2018, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East A. CALL TO ORDER B. DISCUSSION ITEMS 1. Sanitary Sewer Treatment for Additional Phase at Trumbull Creek Crossing 2. Tree Ordinance Amendments 3. Legislative Priorities C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. Those addressing the council are requested to give their name and address for the record. Please limit comments to three minutes. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE / FOR YOUR INFORMATION City Offices Closed — November 12, 2018 — Veterans Day Next Regular Meeting — November 19, 2018, at 7:00 p.m. — Council Chambers City Offices Closed — November 22, & 23, 2018 — Thanksgiving Holiday Next Work Session — November 26, 2018, at 7:00 p.m. — Council Chambers Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify the City Clerk at 758-7756. Page 1 of 1 City of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: MEMORANDUM Doug Russell, City Manager Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Request from Michael Anders for City Council Consideration for Sanitary Sewer Treatment for an Additional Phase of Trumbull Creek Crossing MEETING DATE: November 13, 2018 — Council Work Session BACKGROUND: Michael Anders, the developer of the Trumbull Creek Crossing Subdivision, located northeast of the city limits and served by the Evergreen Sewer District is requesting additional sanitary sewer treatment service from the City to serve the next phase of his subdivision. In 2004, the City crafted a policy regarding the utilization of its municipal sanitary sewer treatment system by properties outside of the City and the Evergreen Sewer District, but otherwise served by the conveyance lines of the Evergreen Sewer District. The City Council passed Resolution No. 5072 which defined the terms and conditions of this policy. Pursuant to that policy, on August 16, 2007 the City entered into a Developer's Agreement with Michael Anders, the owner of Trumbull Creek Crossing for the development of Phase I of this Flathead County subdivision. On July 1, 2015 the City amended the policy it had adopted in 2004 by entering into a sanitary sewer treatment agreement with the Evergreen Sewer District that eliminated the volume limit of the 2004 policy and rather adopted a "pay as you go" formula for those areas within the Evergreen Sewer District boundaries to be served by the City's sanitary sewer treatment system. Pursuant to the new policy, in April 2016 the City entered into another Developer's Agreement for Trumbull Creek Crossing Phase II of the Subdivision. Finally, on September 6, 2016 the City entered into another Developer's Agreement for Trumbull Creek Crossing Phase III of the Subdivision. Trumbull Creek Crossing Phase IV is now in its planning stages. Mr. Anders is submitting all of the necessary waivers and approved requests to comply with the City's policy. At the work session, City staff will present the history of the Trumbull Creek Crossing Subdivision and discuss how this request compares to the more recent requests for out of city sanitary sewer treatment services. SANITARY SEWER TREATMENT AGREEMENT between CITY OF KALISPELL and FLATHEAD COUNTY WATER AND SEWER DISTRICT NO. 1 EVERGREEN This Agreement entered into this 1 st day of July, 2015, by and between the City of Kalispell [hereinafter "Kalispell"] and Flathead County Water and Sewer District No. 1 — Evergreen [hereinafter "Evergreen"], as evidenced by their signatures hereon agree as follows: Section 1: Recitals WHEREAS, Kalispell is a municipality of the State of Montana located within Flathead County and organized pursuant to Title 7 Chapter 3 Part 43. Kalispell owns, maintains and provides certain utility services, including wastewater treatment, to its city residents with oversight from the Montana State Department of Environmental Quality. Kalispell may legally provide its utilities to serve areas outside of Kalispell for consideration and if it is deemed to be in the best interests of Kalispell and its residents; and WHEREAS, Evergreen is a duly formed County Water and Sewer District created under the authority of the Montana state law. Evergreen currently possesses the statutory authority to provide water supply and distribution, wastewater collection, treatment and conveyance to properties in the proximity of its facilities with oversight from the Montana State Department of Environmental Quality; and WHEREAS, Evergreen entered into an Interlocal Agreement with Kalispell dated the 25th day of July, 1990, hereinafter referred to as the "1990 Interlocal Agreement'', in which Evergreen conveys the sewage it collects to Kalispell WWTP. The 1990 Interlocal Agreement expires July 25, 2015; and WHEREAS, Evergreen entered into an Interlocal Agreement with Kalispell dated the 30th day of November, 2007, hereinafter referred to as the "2007 Interlocal Agreement", which delineated the provision of services and responsibilities of Kalispell and Evergreen with respect to municipal wastewater services that may be provided to properties located outside of RSID 132 but within such proximity to Evergreen's collection and conveyance system. The 2007 Interlocal Agreement remains in effect until modified or repealed by all necessary parties; and WHEREAS, Kalispell is required to implement and enforce a pretreatment program to control discharges from all industrial users of its wastewater treatment system pursuant to requirements set forth in 40 CFR Part 403. Evergreen is required to authorize Kalispell to implement and enforce Kalispell's sewer use ordinance and 40 CFR 403 within Evergreen's service area. Page 1 of 7 WHEREAS, it is in the best interests of all of the citizens of Flathead County that water quality continue to be protected by providing municipal sewage treatment services to all properties presently served by Evergreen, together with other properties located within such proximity to the Evergreen sewage collection and conveyance facilities that they may be served by Evergreen for collection and conveyance of sewage to the Kalispell WWTP. NOW THEREFORE, IT IS AGREED by and between Kalispell and Evergreen that it is to their mutual advantage to adopt this Agreement as follows: Section 2: Purpose It is the purpose of this Agreement to delineate the provision of services and responsibilities of Kalispell and Evergreen with respect to municipal waste water services that may be provided to properties connecting to Evergreen's collection and conveyance facilities that such property may be served by Evergreen. Section 3: Administration of Municipal Sewer Services 3.01 No separate legal entity is established by this Agreement. 3.02 Agreement: Evergreen agrees that it shall abide by all current Code, Rules, Regulations, Resolutions, and Ordinances, including but not limited to prohibited wastes, discharge limits, surcharges above base strengths, treatment plant impact fee, and pretreatment rules of the City of Kalispell, State Department of Environmental Quality, and the Environmental Protection Agency relating to sewage treatment. Evergreen agrees that it shall inform its users of the requirements they are subject to and the penalties to which such users are subject, for violation of the discharge requirements and prohibitions. 3.03 Service Area: It is understood between the parties hereto that this Agreement obligates Kalispell to accept normal municipal sewage from Evergreen for that area comprising the Service Area as show in Exhibit A. The volume rate will not exceed 0.782 million gallon average daily flow for the area within the Evergreen boundary as shown in Exhibit A. Volume rate outside of the Evergreen boundary is not applied against the 0.782 million gallons per day. For the purpose of this volume rate, the number of days of flow measurement will be 75 days. If the volume rate is fully utilized Evergreen may request an approval of a volume rate increase from the Kalispell City Council. 3.04 Consent Required by Kalispell: In the event owners of property outside of that portion of the Service Area as shown in Exhibit A attached hereto, operated by Evergreen, said property owner(s) must, prior to connection, apply for and obtain a written consent by the Kalispell City Council, or designee. Kalispell may decline the application for any reason. If Kalispell accepts the application, the property owner(s) or users shall provide a written execution of a waiver to protest annexation, consent to withdraw from the rural fire district, Page 2 of 7 enter into a development and or pretreatment agreement with Kalispell, meet pretreatment regulations, and pay the treatment plant impact fee. Evergreen is authorized hereunder to connect any property to its collection and conveyance system within that portion of the Evergreen District Boundary as shown in Exhibit A attached hereto, unless and until, Evergreen is notified by Kalispell that there is not sufficient treatment capacity at the Kalispell WWTP to treat any additional sewage from Evergreen. Property located inside the Evergreen District Boundary, prior to allowing connection by Evergreen, is required to obtain written consent of Kalispell's City Manager, or designee, after satisfying the requirement of paying the treatment plant impact fee. Annually Evergreen shall provide Kalispell an updated map highlighting properties that are connected to the Evergreen Sewer System and shall provide average and maximum daily flows from Evergreen to the Kalispell WWTP. This will assist Kalispell in making informed decisions on plant capacity and future plant upgrades. 3.05 Ownership of Kalispell WWTP: Kalispell shall remain the sole owner of Kalispell WWTP. 3.06 Ownership of Sewage Conveyance Lines and Facilities: Evergreen shall remain the sole owner of its collection and conveyance system. 3.07 Quality of Sewage to be treated: It is understood between the parties it is Evergreen's responsibility to manage the quality of sewage discharged to the Kalispell Treatment Plant. The effluent sewage from Evergreen will meet the sewage quality limits as outlined in City Code, Ordinance, Resolutions, and Regulations. Evergreen shall not discharge to the Kalispell Wastewater Treatment Facility Prohibited Wastes as outlined in City Code, Ordinance, Resolution and Regulations that will injure or interfere with any sewage treatment process, cause Kalispell a permit discharge violation, constitute a hazard to humans or animals, create a public nuisance, may contaminate sewage sludge, create any hazard in, or have an adverse effect on the water receiving discharge from the treatment facility. If Evergreen's discharge is not within the specified limits required by City Code, Ordinance, Resolutions, and Regulation, Evergreen shall be notified and thereafter shall immediately begin an investigation for sources of contamination of the sewage and take action necessary to eliminate the contamination. Kalispell shall assess Evergreen the cost of all sampling, treatment plant operation damages, and discharge permit penalties Kalispell has been assessed from contamination from Evergreen's discharge to the treatment facility. When Evergreen's average daily flows increase greater than 20% in a 15-day period, Evergreen shall begin an investigation for sources of excess ground and surface water flows and keep Kalispell informed of the findings and actions being taken to alleviate the excess flows. 3.08 Odor Abatement: In order to reduce the odors at the Treatment Plant where the effluent arrives at the end of Evergreen's force main, Evergreen shall construct and maintain odor Page 3 of 7 treatment facilities within two years of this signed agreement that will reduce the amount of hydrogen sulfide gas and odor released at the end point of the force main at the Kalispell Treatment Plant. 3.09 Sewage Treatment Rate: Evergreen agrees to pay to Kalispell the sewer treatment volume rate, base rate and surcharge rate for the sewage received from Evergreen at the Kalispell Wastewater Treatment Plant. The rate charged to Evergreen will not exceed the sewer treatment rate charge for a property located within the Kalispell City Limits based solely upon the service properties being located outside of the Kalispell City Limits. The rate excludes the following: 1. any portion of the Kalispell Treatment Rate which is for the cost/expense of collection/conveyance of sewage from properties within Kalispell to the Kalispell Wastewater Treatment Plant, 2. treatment cost related to Kalispell's inflow and infiltration (IM), and finally 3. any billing expenses for the owner of the properties within the City of Kalispell. Each year's rate(s) calculation will be based on Evergreen's and Kalispell's actuals for flows and the prior fiscal year ending June 30a'. Included in the rate calculation will be a contribution to the replacement fund for either $450,000 or 50% of depreciation whichever is lower per fiscal year. Evergreen shall provide Kalispell the number of customers and flow volume for each year. Likewise, Kalispell shall provide Evergreen with the number of customers, volume billed and flow volume. The rate(s) formula is in Exhibit B attached hereto and incorporated fully herein by this reference. The entire volume of sewage from Evergreen will be measured by Evergreen's meter tied into Kalispell's telemetry -monitoring system, tested, and calibrated yearly. The metering system will be verified for compliance at least yearly through coordination between Evergreen and Kalispell. Kalispell shall bill Evergreen for sewage treatment on the tenth of each month. Payments are due in full no later than ten (10) days after mailing of the Kalispell bill. 3.10 Rate Study: A treatment rate study, performed by a financial consultant, may be performed during the tern of this agreement. Any rate study conducted will establish individual treatment rates (both volume and base) for both Kalispell and Evergreen and will supersede the rate method established in 3.09. Evergreen agrees to pay Kalispell the sewer treatment rates for the sewage received from Evergreen at the Kalispell Wastewater Treatment Plant as established in the rate study. Kalispell shall work cooperatively with Evergreen in the rate development process to ensure the rates established are not discriminatory or based on out - of -city designation. Rather, the rate is to be based on the cost of service to treat Evergreen's sewer discharge, the replacement fund contribution is maintained, and the rate takes into account the exclusions of items 1 through 3 in Section 3.09. Page 4 of 7 3.11 Pretreatment: Evergreen agrees to authorize Kalispell to implement and enforce Kalispell's sewer use ordinance and 40 CFR 403 within Evergreen's service area. Kalispell shall: (1) update the industrial waste survey; (2) issue permits to all industrial users required to obtain a permit; (3) conduct inspections, sampling, and analysis; (4) take all appropriate enforcement action as outlined in the Kalispell's sewer use ordinance; and (5) perform any other technical or administrative duties the Parties deem appropriate. In addition, Kalispell may, as agent of Evergreen, take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. If the authority of Kalispell to act as agent for Evergreen under this Agreement is questioned by an industrial user, court of law, or otherwise, Evergreen shall take whatever action is necessary to ensure the implementation and enforcement of its sewer use ordinance against its industrial users, including, but not limited to, implementing and enforcing its own sewer use ordinance on its behalf and/or amending this Agreement to clarify the Control Authority's authority. Evergreen shall reimburse Kalispell for costs incurred in implementing and enforcing a pretreatment program to control discharges from all industrial users of its wastewater treatment system pursuant to requirements set forth in 40 CFR Part 403. Kalispell shall provide Evergreen with a detailed accounting of all such costs. The Parties shall review and revise this Agreement to ensure compliance with the Federal Clean Water Act (42 U.S.C. 1251 et seq.) and rules and regulations (40 CFR Part 403) issued thereunder, as necessary, but at least once every 5 years on a date to be determined by the Parties. 3.12 Force Main: The parties agree that a flow of 200 gpm is reserved for Kalispell in Evergreen's force main from the intersection of Willow Glen Drive and Concord Lane to the Kalispell WWTP. Section 4: Applicable Law These parties agree that this Agreement will be governed in all respects by the laws of the State of Montana and the parties expressly agree that venue will be in Flathead County, Montana and no other venue. Section 5: Binding Affect This Agreement will be binding upon and will inure to the benefit of the legal representatives, successors, and assigns of the parties. Page 5 of 7 Section 6: No Third Party Beneficiary This Agreement is for the exclusive benefit of the parties and will not constitute a third party beneficiary agreement and will not be relied upon or enforced by a third party. Section 7: Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives will be resolved first by negotiation between senior -level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within forty-five (45) days from the date the dispute was first raised, then such dispute will be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In that event, the prevailing party shall be entitled to recover attorney fees and costs of the litigation. Section 8: Severability If any portion of this Agreement will be held to be void or unenforceable, the balance thereof will continue to be effective. Section 9: Original Ay-reements and Resolutions of Kalispell All terms of the 1990, 1996, and 2007 Interlocal Agreements and Addendum between the parties hereto and Resolution No. 5103 of Kalispell augmenting those agreements will remain in full force and effect until the effective date of this Agreement, at which time they will be superseded by the adoption of this Agreement. Section 10: Effective Date This Agreement will become effective with the fiscal year beginning July 1, 2015. The process to transfer Trumble Creek Crossing customers from Kalispell to Evergreen will commence upon execution of the agreement. Section 11: Term of Agreement The duration of this contract is 20 years. This agreement is negotiable at any time if both parties so consent in writing. If no notice to terminate or renegotiate is received at least three months prior to expiration of this Agreement, then this agreement will renew for an additional five-year term subject to the preceding clause. Page 6 of 7 IN WITNESS WHEREOF, the local governments have caused this instrument to be duly executed by their proper officers as follows: CITY OF KALISPELL APPROVED BY THE CITY MANAGER OF THE CITY OF KALISPELL on the Aday of , 2015 , as authorized by the City Council to execute this Agreement. ATTEST: \\\����\ IIKA ///I//,i/ By: Aiiee'BrunSq%' t Cit§04 (SE) .k!L�0ANp,'.' By: Doug Russell City Manager FLATHEAD COUNTY WATER AND SEWER DISTRICT NO. 1 EVERGREEN APPROVED BY THE BOARD OF DIRECTORS OF TH ,,,,F�LATHE COUNT WATER AND SEWER DISTRICT NO. 1 EVERGREEN on the /S�y of JV, 201 ATTES i By: x Roberta SSu ick Secretary Board President Page 7 of 7 � o N W Z = W m O W W W F M m U o -Z -1 0S O_ mLL. Fp L W Z W Q _WX O Z Lu O Z Z � W U 0 Q_ 0 _5 0 V Z W W LU Z O � Q Exhibit B Evergreen Rate Calculation Worksheet Kalispell Current Sewer Utility Rate FY Actual Flows/1,000 gallons Kalispell Evergreen Total 816,779 159,355 976,134 Monthly Base Rate $/1,000 gallon $8.44 1$4.78 WWTP Collection Billing Expense Sum FY14/15 FY14/15 FY14/15 A Total Personal Services (includes lab personal for WWTP ) $ 673,603 $ 347,624 $ 96,642 B Total Maintenance & Operations (includes lab for WWTP) S 890,625 S 398,054 $ 80,729 C Capital Outlay from Operating Budget (rates) $ 119,000 S 545,826 D Capital Outlay from Bond & Impact Fees $ 45,000 $ 1,005,640 E Capital Outlay/Maint from Replacement Funds $ 953,610 $ - F Debt Service from Rates $ 871,565 $ 2,189 G Replacement Funds $ 411,599 $ - H Depreciation Expense (non cash) S 842,146 $ 793,775 Expenditure Total S 4,807,148 $ 3,093,108 $ 177,371 Less Capital Outlay/Maint from Replacement Funds (E) $ (953,610) Capital Outlay from Bond & Impact Fees (D) $ (45,000) $ (1,005,640) Depreciation Expense/Non Cash (H) $ (842,146) $ (793,775) Total S 2,966,392 $ 1,293,693 $ 177,371 Step i : Calculate % split for cost per 1,000 gallon based on actual expenses Calculated Rate Treatment $ 3.04 65.7% percent of total Calculated Rate Collection $ 1.58 34.3% percent of total Total $ 4.62 100.0% Step 2: Actual per 1000 gal rate, minus % for I/I, minus billing cost, percent split from Step 1 calculation applied Total actual charged pre 1,000 gal $ 4.78 Kalispell Rate minus % of I/I $ 4.09 illed/1,000 gal % I/I Billing cost per 1,000 gal $ 0.22 699,625 14.3% Rate per/1,000 gal minus billing cost $ 3.88 Treatment per 1,000 gallons $ Collection per 1,000 gallons $ Step 3: Base rate application with Step 1 calculated percent split Treatment Monthly Base Rate $ Step 4: Evergreen's Yearly Volume and Base Rates 2.55 65.7% of S 3.88 1.33 34.3% of $ 3.88 5.55 65.7% of S 8.44 Volume Rate $ 2.55 $/1,000gallons Monthly Base Rate $ 5.55 per month per account Evergreen Accounts 1,884 Accounts provided by Evergreen Estimated Annual Cost $ 531,596.64 per year Parks anal Recreation Dept REPORT TO: Doug Russell, City Manager FROM: Chad Fincher, Director, Parks & Recreation SUBJECT: Tree Ordinance Update MEETING DATE: November 13, 2018 BACKGROUND: In 1986 the city council approved Tree Ordinance No. 1086, regulating the planting, maintenance and removal of public trees within the City of Kalispell and establishing a shade tree commission. In 2007, the city council approved Ordinance No. 1610 amending the original tree ordinance regarding the composition of the Kalispell Street (Shade) Tree Commission. Staff and Street Tree Commission members have been working together to update and clarify the ordinance to encompass necessary legal changes and make improvements regarding definitions, wording and to unify with other city ordinances and practices. Additionally the ordinance had not been codified in the past, and staff recommends the codification process happens with this amendment if council chooses to move it forward. RECOMMENDATION: It is recommended that the Kalispell City Council review the proposed ordinance revisions and changes and direct staff accordingly. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: As recommended by council. ATTACHMENTS: Exhibit "A" attorney approved draft ordinance. Cc: Aimee Brunckhorst, Kalispell City Clerk 306 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 EXHIBIT "A" CHAPTER I - Title & Purpose § 1.01. SHORT TITLE. The Ordinance, adopted pursuant hereto shall be known as, and be cited and referred to as the "City of Kalispell Tree Ordinance." § 1.02. PURPOSE. The purpose of this Ordinance is to provide for the planting, protection, maintenance and removal of public trees within the City of Kalispell, to rename the Shade Tree Commission as the Urban Forestry Committee, and delegate to the Director of Parks & Recreation the duty of assuring orderly development of public trees. CHAPTER II — Definitions §2.01. DEFINITIONS. For purposes of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the content, words used in the present tense include future, words in plural include the singular and words in the singular include plural. The word shall is mandatory and not merely directory. A. CITY -- The City of Kalispell, Flathead County, State of Montana. B. DIRECTOR OF PARKS & RECREATION [hereinafter referred to as "Director" - The designated official for the City of Kalispell assigned to carry out the enforcement of this ordinance. C. DRIP LINE - Tree drip line, the area defined by the outermost circumference of a tree canopy where water drips from and onto the ground. D. HAZARD TREE - "Hazard Tree" means any tree or shrub or part thereof upon private or public property which: a) By reason of location or condition constitutes a present danger to the health, safety or welfare of the general public or which obstructs the free safe passage of pedestrian or vehicular traffic, or obstructs a streetlight or sight triangle; or b) Is harboring insects or diseases, which reasonably may be expected to injure or harm other trees or shrubs. E. PARKS & RECREATION DEPARTMENT -- The designated Department for the City of Kalispell under whose jurisdiction public trees fall. F. PERSON -- Shall include any legal entity created by law as well as a natural person. G. PROPERTY LINE - The outer edge of a street or highway right-of-way. H. PROPERTY OWNER -- The person owning such property as recorded at the Clerk and Recorder's Office of Flathead County, State of Montana. I. PUBLIC PLACES -- This shall include all real property owned by the City of Kalispell. J. PUBLIC RIGHT OF WAY- The linear public way established or dedicated for public purposes by a recorded plat, deed or easement intended to be occupied by a street, curb and gutter, landscaped boulevard and pedestrian ways (sidewalk or bike/ped path). In addition, the right of way may contain sub -surface utilities such as sewer, water or storm sewer lines; electrical cable and gas lines or similar utilities. K. PUBLIC TREES -- All shade and ornamental trees growing on any public right of ways or any public places. L. STREET -- Any public streets, roads, highways, avenues, alleys and lanes within the City, which includes the entire width of every public way or right-of-way for purposes of vehicular and pedestrian traffic. CHAPTER III — Renaming the Street Tree Committee to the Urban Forestry Committee; Appointments and Duties §3.01. Urban Forestry Committee The committee previously named the "Street Tree Committee shall hereafter be named the "Urban Forestry Committee" (hereinafter referred to as the "Committee"). It shall be composed of six (6) persons residing within the City of Kalispell Growth Policy Area as defined in the Kalispell Municipal Code. The Mayor with approval of the Council shall appoint the members to the Committee. The Director shall serve as an ex officio non -voting member of the Committee. 1. Membership: All members of the Committee shall serve without compensation. The Mayor may remove any member of the committee for cause, subject to the approval of the City Council. 2. Term: The term of the appointment is for two years, with three of the members appointed in one year and the other three members in the next year. 0) §3.02. Duties of the Committee 1. To advise and make recommendations to the City Council in the task of maintaining a sustainable urban forest and, under the guidance of the Director, to engage the public in the stewardship of the urban forest. The Committee shall study and promote the best management practices related to Kalispell's urban forest management. 2. The Committee shall conduct 9 monthly meetings per year as well as special meetings as deemed advisable and necessary in order to perform the duties set forth. A Chairperson shall be elected from within the committee for the appointment of two years. Event chairs will be appointed by the Chairperson as needed. 3. The Committee shall be subject to the same rules and procedures of conducting meetings and such other business of the Committee as apply to the City Council. CHAPTER IV - Species, Cultivars, or Varieties §4.01. SPECIES, CULTIVAR, VARIETIES PERMITTED. 1. The Director shall prepare a list of trees acceptable for planting in the public places and public right-of-ways of the City. 2. The Director shall maintain the list at the Parks and Recreation Office of the acceptable species, cultivars and varieties based on site conditions. The Committee, in conjunction with the Director, shall review the species, cultivars, and varieties included on the approved list at least once every two (2) years to determine if any should be removed for any reason or if certain new species, cultivars, or varieties of proven dependability and value should be added. §4.02. Planting, 1. SIZE a. Unless otherwise specified by the Director, all small, medium and large tree species and their cultivars and varieties, shall conform to American Association of Nurserymen Standards and be at least 1.5" inches in diameter six (6) inches above root flare. The crown shall be in good balance with the trunk 2. GRADE — QUALITY OF TREE 3 Unless otherwise specified by the Director, all plantings shall meet or exceed American Standard for Nursery Stock established by the American Nursery & Landscape Association. a) Width of planting area shall determine appropriate tree species based on tree size at full maturity. Planting width smaller than 3 feet shall constitute planting of a small tree, a planting area less than 5 feet, a medium tree, and larger than 5 feet planting area, a large tree. In right-of-ways where overhead lines or building setback presents a special problem, the Director shall determine the selection of the site and species to be planted. b) Trees shall not be planted in the Clear Vision Triangle as defined by Kalispell Municipal Code. c) Tree plantings near utilities must meet ANSI Standards. d) The Director shall determine the spacing of trees according to local conditions, the species, cultivars, or varieties used, their mature height, spread, and form. Generally, all large trees should be planted forty (40) feet on center; all medium-sized trees should be planted thirty-five (35) feet on center; and all small trees should be planted twenty-five (25) feet on center. e) All planting on streets without curbs, and/or sidewalks must have the special permission of the Director who shall determine the tree's location so it will not be injured or destroyed when the street is curbed and/or sidewalks installed. f) If an owner of a parcel adjoining the public right-of-way requests that a public tree be planted within that portion of right-of-way, and if the City has allocated funding for that purpose, the City may share the costs of such tree on a 50/50 basis with the requesting landowner. g) All new commercial and residential subdivision development of property required to provide landscaping of the public right of way pursuant to the Kalispell Zoning Regulations shall plant such trees as determined by the Director. CHAPTER V - Authority of the Director and Appeal to the City Manager §5.01. WORK ON PUBLIC TREES All planting, protection, maintenance and removal work on public trees shall comply with this Ordinance. §5.02. AUTHORITY 0 1. Administration. The Director shall have the authority to administer the terms of this ordinance regarding the planting, protection, maintenance and removal of public trees on streets and other publicly owned property to ensure the public safety and preserve the aesthetics of such public sites. 2. Supervision and Inspection. The Director shall further have the authority to supervise and inspect all work on public trees performed under the terms of this Ordinance. 3. Permits. The Director shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this Ordinance. §5.03. PERMIT REQUIRED FOR WORK ON PUBLIC TREES. All work authorized by the Director and conducted by individuals other than city employees on public trees shall be by a certified arborist and or certified pesticide applicator. No person shall plant, spray, prune, remove or otherwise disturb any public tree without a permit issued by the Director. The person receiving the permit shall abide by ISA Standards or the standards of practice as outlined by this Ordinance, and provide evidence of public liability insurance in an amount determined to be appropriate by the City. §5.04. REMOVAL OF PUBLIC TREES, REPLACEMENT, AND ALLOCATION OF COSTS. 1. No person shall remove a public tree from the public right-of-way for the purpose of construction, or for any other reason without first obtaining a permit from the Director. 2. Any person who removes, or causes to be removed, a public tree, with or without a permit as stated above, shall pay the ISA appraised value of the tree to the City and shall further pay the cost of tree and stump removal. 0.05. APPEAL TO CITY MANAGER A person dissatisfied about any determination made by the Director under this ordinance may make a written appeal to the City Manager who has the authority to make the final determination. CHAPTER VI - Protection of Trees §6.01. CARE OF TREES The City shall do the work of pruning, spraying, removal and other maintenance as needed on all public trees. The property owner is responsible for watering public trees in the public right of way adjacent to their property. §6.02. DAMAGE TO PUBLIC TREES PROHIBITED. 1. Unless specifically permitted by the Director, it is unlawful for any person to: intentionally damage, cut, carve, transplant, or remove any public tree; 2. Attach any rope, wire, nails, or other contrivance to any public tree; 3. Allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with any public tree; 4. Or set fire or permit any fire to burn when such _fire or the heat thereof could injure any portion of any public tree. &6.03. PROTECTION OF PUBLIC TREES. 1. All public trees in the public right-of-way near the excavation or construction of any building, structure or street work, shall be guarded with a suitable fence, frame or box placed to drip line of the tree. All building material, dirt or other debris shall be kept outside the barrier. 2. It is unlawful for any person to excavate any ditches, tunnels, trenches, or lay drive within the drip line of any public tree without first obtaining permission from the Director. Maintenance or repair work on existing underground utilities will be permitted after written notification. Excavation for new utilities and structure within the drip line of any public tree will not be permitted unless it is determined by the Director that it will not likely adversely affect the tree. CHAPTER VII — Hazard Trees §7.01 HAZARD TREES If any part or the whole of any tree growing on private or public premises, shall be determined after inspection to be dangerous or unsafe or to otherwise constitute a public hazard, the City may, pursuant to Kalispell Municipal Code Chapter 18, declare such tree or portion thereof a public hazard and nuisance, order the owner of the tree to abate the hazard or cause such hazard to be abated. §7.02 ABATEMENT OF HAZARD TREE In the event that the public hazard and nuisance is not abated by the date specified in the notice or specified by the City, the City is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement, if not paid upon demand, shall be filed as a lien against the property on which the public hazard was located. CHAPTER VIII - Public Protection 8.01 PUBLIC PROTECTION. Cl To protect the public from danger, suitable street and sidewalk barriers, highway cones, or signs shall be used when pruning, removing or spraying trees. All safety devices must conform to the Standards as set forth in "The Manual of Uniform Traffic Control Devices" distributed by the Federal Highway Administration, U. S. Department of Transportation. §8.02 STUMPS. . The stumps of all removed public trees shall be cut to at least three (3) inches below the ground, and soil shall be replaced and the area leveled. If the area where the tree is removed is to be paved, the stump shall be removed to meet general construction standards. 8.03. SPRAYING. All spraying of public trees shall conform to federal, state and local regulations and shall, after receiving a permit from the Director, be performed by a pesticide applicator properly licensed by the State of Montana, Department of Agriculture. CHAPTER IX — Unauthorized or Improper Planting of Public Trees Whenever any tree is planted or set out in violation of the provisions of this section, the Director may remove or cause removal of the same. The Director shall first notify the adjacent property owner(s), in writing, of the City's intention to remove the tree(s) and give the property owner(s) a reasonable period of time (not to exceed 45 days) within which to remove the tree(s). If the property owner(s) does/do not comply within the specified time, the Director shall cause the removal of the tree(s). CHAPTER X - Civil Penalties Any person who violates or fails to comply with any provisions of this Ordinance, shall have committed a municipal infraction and be subject to civil penalties pursuant to Kalispell Municipal Code Chapter 1, Article 2 and upon a finding of such infraction shall be liable to the City to the costs of damages to the City as may be proved in court. CHAPTER XI This Ordinance shall be effective thirty days from and after its final passage and approval by the City Council. 7 City of Kalispell j Post Office Box 1997 - Kalispell, Montana 59903 Telephone: ephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM To: Mayor and City Council From: Doug Russell, City Manager Re: Legislative Priorities Meeting Date: November 13, 2018 BACKGROUND: Prior to legislative sessions, the City Council has begun adopting a set of legislative priorities to provide guidance for attempts to initiate legislation and to respond to proposed legislation. Adopting these priorities provides a unified platform for members of council and municipal staff to use when addressing our representatives for and during the upcoming legislative session. The proposed set of legislative priorities includes the previous priorities with suggested changes. The priorities include: 1) support of a local option sales tax, 2) support for maintaining tax increment financing as an economic development tool, 3) support for streamlining special district legislation, 4) support for legislation that mitigates the economic impact for increasing regulatory standards for municipalities, 5) support for legislation that addresses infrastructure needs associated with rapid growth and 6) support for legislation that provides options to enhance or improve service delivery for the City of Kalispell. It is recommended that council review and provide guidance related to the proposed priorities for adoption at a future meeting prior to the start of the legislative session. City of Kalispell Montana Legislative Priorities November 2018 The City of Kalispell is supportive of efforts to improve financial options related to all areas of municipal operations where local control and decision -making can be effectively applied. While this list of priorities does not single out any specific proposed bill, in general the City of Kalispell has identified these areas of policy interest. Local Option Sales Tax: The City of Kalispell supports legislation that would provide local communities the option of enacting a voter approved sales tax within municipal limits that would provide an opportunity to maintain infrastructure and services for our community that is impacted by a large number of people that do not reside within the City of Kalispell. Tax Increment Financing: The City of Kalispell supports existing or more expansive legislation that provides municipalities the opportunity to use Tax Increment Districts as part of an Effective Economic Development Strategy, and opposes legislation that would limit the effectiveness of the options currently present in state statutes. Special District Legislation: The City of Kalispell supports legislation enhancing the opportunity for the he previous parameters for the creation of special districts. The City of Kalispell feels the current requirements place unnecessary financial and procedural burdens on special district creation. Environmental Quality: The City of Kalispell supports legislation that would mitigate the economic impacts of the unfunded liability caused by increased regulatory standards on municipal operations such as water production, wastewater treatment, solid waste, and storm water management. - Public Infrastructure Assistance: The City of Kalispell supports legislation that would assist in the local infrastructure costs associated with our rapid growth, inelurlin but not lifflited4e the West ciao 1nf+.,stndet-u e - Service Delivery- The City of Kalispell supports legislation that enhances the opportunities for expanding service delivery options throughout all areas of municipal operations including revising legislation that limits the options available to communities to take advantage of alternative and innovative service delivery methods.