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01-13-25 Work Session Agenda and MaterialsCITY COUNCIL KCITY OF WORK SESSION AGENDA ALISPELL January 13, 2025, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East See the bottom of the agenda to learn how to provide public comment and watch meetings live or later. A. CALL TO ORDER B. ROLL CALL C. DISCUSSION Lead Service Line Replacement Funding Review 2. Municipal Code for Unsafe Structures and Penally pplication D. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. See the bottom of the agenda to learn the protocol for providing comment. E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS F. ADJOURNMENT UPCOMING SCHEDULE City Offices Closed — January 20, 2025 — Martin Luther King Jr. Day Next Regular Meeting—TUESDAY, January 21, 2025, at 7:00 p.m. — Council Chambers Next Work Session — January 27, 2025, at 7:00 p.m. — Council Chambers PARTICIPATION When addressing council please give your name and address, see the last page of the agenda for the proper manner of addressing the council, and limit comments to three minutes. Comments can also be emailed to publiccomment(2kalispell.com. To provide public comment live, remotely, join the video conference through zoom at: httns://us02web.zoom.us/webinar/reizister/" IZahsDxBSmadGsIkatkwiO. Raise your virtual hand to indicate you want to provide comment. Due to occasional technical difficulties, the most reliable way to participate is through in -person attendance. Electronic means are not guaranteed. Watch City Council meetings live with the agenda and documents or later with time stamped minutes at: htt2s://www.kalispell.com/48O/Meeting-Videos or live or later on YouTube at: hllps://www.youtube.com/gcilyofkalispellmontana9632/streams. ofkalispellmontana9632/streams. Page 1 of 2 Kalispell City Council Agenda, January 13, 2025 The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ■ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ■ We are responsible for respectful and courteous dialogue and participation. ■ We respect diverse opinions as a means to find solutions based on common ground. ■ We encourage and value broad community participation. ■ We encourage creative approaches to engage in public participation. ■ We value informed decision -making and take personal responsibility to educate and be educated. ■ We believe that respectful public dialogue fosters healthy community relationships, understanding and problem solving. ■ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ■ We follow the rules & guidelines established for each meeting. Page 2 of 2 CITY of KALISPELL To: Doug Russell, City Manager From: Susie Turner, Public Works Director Re: Lead Service Line Replacement Funding Review Meeting Date: January 13, 2025 Enclosed: Draft Resolution for SRF Funding Background: hi two recent Work Sessions, the Council reviewed and discussed EPA's Lead and Copper Rule(s). The Lead and Copper Rule Improvement (LCRI), officially approved by the EPA in October, aims to eliminate all non -compliant service lines, including lead and galvanized lines that require replacement. The LCRI outlines specific mandates regarding the timing and responsibility for replacing these service lines, along with requirements for public notification until the non -compliant line is fully replaced. As a Community Public Water Supply, Kalispell must adhere to all drinking water regulations outlined in the rule. Meeting Discussion: During the work session, several scenarios for funding and responsibility will be presented to the Council for review: 1. Use the State Revolving Fund (SRF) Loan Program to Fully Fund Replacements o This option utilizes the SRF loan program to cover the replacements, with 60% forgiven and 40% as debt, supported by the Water Fund. o According to City Rules and Regulations, service line maintenance is the customer's responsibility. Since full replacement is beyond the City's obligations, a one-time resolution would need to be adopted to allow for the City's involvement in complete service line replacement. A draft resolution is attached. 2. Direct Customer Payment o A: The City oversees the replacement construction and covers the upfront cost, providing customers with a 5 to 8-year deferred repayment plan. • The Water Fund would need to allocate money annually for these costs, which would be repaid over the 5 to 8-year period. • This approach would add workload to the Financial Department. • A Resolution would be required to adopt the tax assessment process. o B: The City oversees the replacement construction, and the customer pays the full cost at the time of construction. o C: The customer arranges for replacement with their own contractor and pays the full cost at the time of construction. 3. The customer refuses to replace the line: o Continual Public Notification will be required for all non -conforming service lines. until the line is replaced. 4. Other Options o Additional options may be proposed and considered. Staff will seek direction from the Council on the preferred option and funding mechanism to meet lead service line replacement mandates. RESOLUTION NO. 62XX A RESOLUTION ALLOWING THE CITY TO FUND AND OVERSEE A CONSTRUCTION PROJECT IN ORDER TO ELIMINATE ALL IDENTIFIED NON- COMPLIANT LEAD AND GALVANIZED REQUIRED REPLACEMENT WATER SERVICE LINES IN THE CITY OF KALISPELL WATER SERVICE LINE INVENTORY AS A ONE-TIME EXCEPTION FROM CITY REGULATIONS IN ORDER TO BE ELIGIBLE FOR STATE OF MONTANA STATE REVOLVING FUND (SRF) LOAN FORGIVENESS. WHEREAS, as a Community Public Water Supply, Kalispell is required to comply with all drinking water regulations specified in the Lead and Copper Rule Improvement (LCRI), as approved by the EPA in October 2024; and WHEREAS, the LCRI aims to eliminate all non -compliant service lines, defined as lead line and galvanized required replacement lines requiring replacement; and WHEREAS, City regulations generally require consumers to maintain their own service lines, however, in order to accept funding, the City must make an exception to replace these lines with consumer consent and legal access; and WHEREAS, the LCRI establishes specific requirements for the timing and responsibility of these replacements and includes ongoing public notification obligations until each non -compliant line is fully replaced; and WHEREAS, the State of Montana may receive funding dedicated to lead service line projects, which eligible projects would include developing a service line inventory, planning for replacements or mitigations, and performing replacement activities; and WHEREAS, for projects to qualify for funding under this appropriation, they must meet Drinking Water State Revolving Fund (DWSRF) eligibility, be directly related to Lead Service Line Replacement (LSLR), and cover activities such as identification, planning, design, and full replacement of lead service lines; and WHEREAS, SRF loan forgiveness is available based on both water system and project eligibility, allowing eligible projects and systems to have up to 60% of the loan forgiven and DEQ policy requires water systems to repay 40% of the loan costs for the project; and WHEREAS, for the City to qualify for loan forgiveness, the City Water Fund must assume responsibility for the loan's repayment portion associated with replacing the identified lead and galvanized required replacement service lines from the main to the structure's interior plumbing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That the City shall fund and oversee a construction project to replace lead and galvanized required replacement service lines as identified in the required Water Service Inventory. SECTION 2. The City shall proceed with replacement of non -compliant service lines on private property only with the property owner's consent, secured through a temporary construction easement. SECTION 3. That funds necessary to replace the identified lead and galvanized required replacement service lines be requested as an SRF loan from the State of Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, ON THE DAY OF 2025. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk CITY OF KALISPELL City of Kalispell 201 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Municipal Code for Unsafe Structures and Penalty Application MEETING DATE: January 13. 2025 BACKGROUND: At previous meetings, the topic of property maintenance has been discussed. One of the drivers for this discussion is the concern of security and safety of vacant buildings. During these discussions, Council has provided guidance to not move forward with enhanced property maintenance codes and a code enforcement program. While current municipal code does not provide for securing a building under our nuisance code, a vacant structure that is not secured against unauthorized entry can be deemed unsafe under Fire Code. Currently, Fire Code provides a 60-day time frame to address violations of the code and identifies the violation as a criminal offense, which can be problematic. For an unsecured building, however, it makes more sense to have this as an expediated time frame of 10 days with a different enforcement mechanism, much like the tall grass ordinance, which is also enforced under Fire Code. The relevant section of the Fire Code is incorporated below as a suggested amendment to City Code along with a relevant penalty code. It is important to note that though this process would be placed under enforcement through the Fire Code, just like the tall grass ordinance, these types of enforcement activities still take resources to implement, especially when compliance is not achieved in a timely fashion. 10-12. Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed, or made safe, as the fire code official deems necessary and as provided for in the most recent Fire Code adopted by the City of Kalispell. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 10-13. Procedure Upon Failure of Property Owner to comply with Unsafe Conditions Order. The structure or equipment determined to be unsafe by the fire code official is permitted to be restored to a safe condition. The owner, the owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective action. Failure to abate such unsafe condition within 10 days after having been given written notice to do so by the City Fire Chief shall be an offense as provided for in Section 1-12 of this Code. RECOMMENDATION: It is recommended that the City Council review the suggested amendments and provide guidance for staff in respect to potential consideration at a future meeting.