WS Agenda July 9, 2007CITY OF KALISPELL
CITY COUNCIL WORK SESSION AGENDA
DULY 9, 2007 — 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
CALL To ORDER.
PUBLIC COMMENT
DISCUSSION ITEMS
1. Bresnan Cable Franchise Agreement
2. Homeowners Associations
3. Evergreen Sewer & Water Request for Additional Capacity
MAYOR/COUNCILICITY MANAGER COMMENTS
ADJOURNMENT
Reasonable accommodations will be made to enable individuals with disabilities to attend this
meeting. Please notify Theresa White, City Clerk at 758-7756.
City of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
To: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harb all, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406-758.7771
charball@kalispell.com
SUBJECT: overview of Proposed, Cable Franchise Agreement with
Bresnan Communications
MEETING DATE: Monday, July 9, 2007 — work session
BACKGROUND: Municipalities currently have the legal option of engaging in
non-exclusive franchise agreements with cable utilities that benefit from the use of
the municipal right-of-ways. Staff has been in negotiations with Bresnan
Communications on such a franchise agreement. Bresnan will be responding back
to the City on the latest draft of this agreement before the Monday night work
session and it is anticipated that the draft can then be presented to Council for its
review. The agreement will include a franchise fee to be paid to the City which will
add a nominal cost to the customer's cable bill. In exchange for this, a definitive
level of public access will be assured, funds for much needed new equipment and
technology will be paid to the City as well as funds to provide trained staff to run
the equipment.
Unfortunately, because of the Holiday, the draft agreement will not be
returned to the City in time to be available for the work session packet. However
the purpose of the work session on this item is not for action by council at that time,
but rather to inform and advise council about the proposed terms of the agreement.
Council input and action will occur at a later council session.
Respectfully submitted,
oz
4
Cha �sHarVall, City Attorney ' ames H. Patrick, City Manager
City of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
To: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406-758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: homeowner's Maintenance Issues at Stratford Village
MEETING- DATE: Monday, July 9, 2007 — Fork Session
BACKGROUND: Council recently heard from the public regarding the deficiencies
in the outdoor lighting maintenance at the Stratford Village subdivision. This
maintenance obligation is designed to be carried out by the Stratford Village
Homeowner's Association, which, although formed on paper, has never been carried
through to fruition. This has resulted in inadequate outdoor lighting with no entity
assuming responsibility for the remedy.
City staff will discuss with council various processes In which this situation,
and others like it, may be solved. The City also encounters similar dysfunctional
situations with homeowner's parks, trails and other common public areas not owned
by the City. staff will seek input from council to determine the direction it would
like to take in these circumstances.
Respectfully submitted,
Charles Harba;[�, City Attorney
f
Ja es H. Patrick, City Manager
City of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
To: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Request by Flathead County Water and Sewer District #1
-- Evergreen to Purchase an Additional 100,000 gallons of
Sewer Treatment Capacity
MEETING DATE: Monday, July 9, 2007 — Work Session
BACKGROUND: Since the time that the Kalispell City Council and the Evergreen
Sewer District agreed that 100,000 gallons of daily sewer treatment capacity could
be provided to Trumbull Creek Crossing — Phase I, Cottonwood Estates and
Bernard's Park, discussions have taken place between the entities on the details of
how this would be accomplished. Up to this point the understanding had been that
this treatment gallonage would not be counted against the contractual daily
treatment capacity of 682,000 gallons allocated to the Evergreen District. The
Evergreen District is now proposing that the City agree to allow the District to
purchase an additional daily treatment capacity of 100,000 gallons and thereby
service the above described subdivisions. The District is further offering to enter
into an agreement with the City in which it will provide additional funds to be used
for the expansion of the City's Wastewater Treatment facility for further allocation
of treatment capacity.
This offer letter from the District, as well as the minutes of their board
meeting, is provided with this packet for Council's consideration. Staff will spend
time discussing the history of the interlocal agreement with Council as well as
options that are available
Respectfully submitted,
Charles ar ll, City Attorney Jmes H. Patrick, City Manager
dater & Sewer istriCt
0
18C� N chn son Drive I alistj , MT 598D1
Phone: (4061 257-5861 * Fax: (408) 756-1588
June 151, 2007
Jinn Patrick, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
Dear Mr. Patrick:
At the June 13th meeting of the District's board of directors, the board voted to decline
entering into an alternate type of arrangement with the City, such as the proposed second
interlocal agreement.
In the mutual interest of serving areas outside of the existing interlocal agreement
boundary, the District is prepared to immediately purchase an additional 100,000 gpd
capacity. The District is therefore requesting to increase the current capacity of 682,000
gpd to 782,00,000 gpd for use outside of the interlocal agreement boundary, which
would include capacity for the pending projects such as Cottonwood Estates, Trumbull
Creek Crossing Phase 1, and Bernard's Park.
As you know from your attendance at a special meeting of the board of directors, the
District is also interested in participating financially in the expansion of the Kalispell
Wastewater Treatment Plant in exchange for receiving additional treatment capacity. The
Board believes this could be beneficial to both the City and the District and enhance the
ability of both entities to better serve valley residents and protect the quality of water in
the Flathead valley.
The District's Board of Directors thanks you for your consideration of these issues and
awaits your response as to the request to purchase additional capacity.
Sincerely,
Roberta Struck
District Manager
Regular Meeting
June 131, 2007
Members Present: Jack, Fallon, BJ Lupton, Pam Holmquist, Geoff Hughes, Kerry Finley, Butch
Clark, Jack Barrett, and Manager Roberta Struck
Also Present: Bill Astle, Andy Hyde, Wally Wilkinson
Jack Fallon called the meeting to order at 7:06 a.m. and welcomed the public in attendance.
Butch moved to adopt the agenda. Pam made the second and the motion ,passed unanimously.
Jack Barrett moved to approve the nun sites of the regular meeting held May 9, 2007 as
distributed Butch made the second and the motion passed unanimously. BJ moved to approve
the minutes of the special meeting held May 16, 2007 with the addi on of showing Charlie in
attendance. Jack Barrett made the second and the motion passed un are imo usly.
The Board reviewed the manager's report. BJ Moved to accept the manager's report Geoff made
the second and the motion gassed unanimously.
Pam suggested that agenda 'Items 6, 7, and 8 are related. She believes that after the meetings we
have had we don't need to enter into any additional agreements with the City and we need to let the
feasibility study run its course. She thinks we are micro --managing what we have hired Carver to do
in the feasibility study and we should just sit back and let the feasibility take its course. Andy said
the request to the city for additional capacity in exchange for the District's fmancial participation in
the expansion of the treatment plant is a goad idea.
Butch feels it isn't fair to Wally and other developers that we keep putting this issue can the back
burner.
The board reviewed a drab of a lever to the city requesting additional capacity in exchange for the
District's financial participation in the treatment of the Kalispell Wastewater Treatment Plant. The
letter will be sent to the City.
The Board reviewed a copy of a letter from the City of Kalispell to Wally Wilkinson pertaining to
R.egWar Board Meeting
June 13, 2007
Pagel of 3
Cottonwood Estates,
The hoard reviewed the revised draft of the proposed interlocal agreement with the City of Kalispell.
This revision of the agreement drafted by Jack Fallon is dated June 12 and has revisions discussed at
the May 16, 2007 special meeting. A copy of this draft is included with these minutes.
After lengthy discussion, Jack gallon said he believes at this time we should not eater into another
agreement with the City. Pain agreed.
Butch said the issue is ,whether areas outside of the R. ID are District customers or city customers.
Jack Fallon said the hoard should decide whether to table discussion of the interlocal agreement, wait
until we see the results of the feasibility study, or agree to enter into another agreement with the city.
Pam moved to respectfully decline, at this time, entering into a separate interlocal agreement
pending completion of the Distrrietfeasibil'ity study related to wastewater treatment alternatives,
Jack Barrett made the second After lengthy discussion, the motion passed with .merry, Pam,
Geoff, BJ, and Jack Barrett voting in favor and Butch apposed
Two letters will be drafted to the city. one will address revisiting the proposed agreement again
once the feasibility study is completed. The letter already approved above will include mention of
purchasing additional capacity.
The board reviewed the capital improvement list. Butch asked about the containxr��nt basis south of
littstation 19. Andy said Max Lauder of the DEQ said to undertake this project as a landscaping
project.
Jack Fallon suggested a resolution addressing the purpose of the capital improvement project list.
Roberta will work on a resolution addressing the capital improvement project list and provide an
updated draft of a capital improvement project list and provide these for either the July or August
meeting.
Andy reported on progress on the feasibility study.
The board reviewed Roberta's recommendations for employee's gages and benefits.
Butch moved to increasepay rate of the staff by 4% Geoff made the second and the motion passed
unanimously.
BJ moved to increase the on call pay to $17. oolday and Joe's stipend for on cal to
$-180, oo/month. Geoff made the second and the notion passed unanimously.
Regular Board Meeting
June 13, 2007
Page 2 of 3
Butch moved to add vacation accrual for 25 or more years to 2 7 days. Geoff ` made the second and
the motion passed unaninwusly.
Jack .Barrett moved to approve spending $ ,Soo to purchase a compactor. Kerry made the second
and the motion ,passed unanimously.
Derry stated on behalf of the oversight corrm*ttee, she reviewed the material provided by Roberta
and everything was in order.
Kerry moved to approve checks and financial statements. Pam made the second and the motion
passed unanimously.
The board agreed to change the regular meeting date for the July meeting from July 1 I to July 18 so
Roberta will have time to prepare for the meetingwhen she returns from vacation.
Bill suggested that a resolution should be adopted to authorize the request to the city to purchase
100!X0 gpd additional eapac*ty.
.BJ moved to adopt a resolution to request the City increase our capacity from 682,000 gpd to
782,00,000 gpd for use outside of the interlocal agreement boundary which would include
capacityfor sperm fwd projects, 1. � Cottonwood Estates, Trumb uU Creek Crossing Phase .I and
Bernard's .Park. Geoff made the second. The motion passed with .Butch abstaining, and Jack
Barrett, Goff, .merry, PJ, and Parr voting in favor.
PJ moved to adjourn at 9: 54 a.m. Parr made the second and the motion passed unanimously.
Subrr"tted by
Signed by
Regular Board Meeting
Jung 13, 2007
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