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E1. 01-13-25 Work Session MinutesCITY COUNCIL KCITY OF DRAFT WORK SESSION MINUTES ALISPELL January 13, 2025, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East Video of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meetin2-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Absent Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Present Council Member - Sid Daoud: Present Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Present Staff present included City Manager Doug Russell, City Attorney Johnna Preble, City Clerk Aimee Brunckhorst, Public Works Director Susie Turner, Development Services Director Jarod Nygren, Utility Superintendent Joe Schrader, and Fire Chief Dan Pearce. C. DISCUSSION Lead Service Line Replacement Funding Review iba 00:01:36 Public Works Director Susie Turner began a PowerPoint presentation. Bold titles represent page titles. a Director Turner announced that since the last time Council spoke on this topic the Environmental Protection Agency (EPA) has officially adopted the lead and copper rule improvements (the LCRi) and staff now have better information about the new rule. She will be looking for Council direction on considerations for city funding for replacing service lines. 00:02:18 LCRi Regulatory Timeline Director Turner explained that 2024 was the deadline for completing initial inventory and sending out notifications. 2024-2027 is the timeline to complete inventory. In the fall of 2027, the rule requirements become effective, requiring a sample plan, sample, perform risk mitigation, and increased notification requirements as well as the 10-year lead line replacement compliance period and 6-year service line validation process. In the fall of 2027, the action level will be lowered to 10 parts per billion. Page 1 of 6 Kalispell City Council Minutes, January 13, 2025 00:03:40 Rule Requirements Director Turner spoke to the City completing the initial inventory and explained that notices have gone out to all of the customers with known lead service lines, our galvanized required replacement service lines and our customers with unknown lines. She said they did get some responses from unknown lines helping narrow the list of unknown service lines but have a way to go. They also must do a validation process. The new rule requires a two -point inspection validation. They'll need to do 180 potholes by 2034, which they will do in house. The current inventory count at this point in time was provided in a table on the presentation. She explained they are continuing to reach out to the 483 customers with unknown service lines to reduce unknowns. 00:07:02 EPA Fact Sheet Director Turner explained how the standard monitoring is going to change in 2028 with sampling changes. If they exceed the action limit, they will be required to install corrosion control treatment or replace all lead and galvanized within five years. Corrosion control treatment is the injection of ortho phosphate that coats the interior of the pipe system that creates a film barrier. She explained further what that would entail if needed. 00:08:38 Council Members Hunter and Graham asked further questions about corrosion control treatment. 00:10:58 Rule Requirements Director Turner spoke regarding replacement requirements that start in 2027. She further explained a water system's obligation to conduct full -service line replacement extends to those service lines under control of the system including documentation requirements. She also explained non -replacement disincentives. She talked about sampling requirements within homes. She spoke regarding the required extensive notification process involved including annual letters sent to lead, galvanized and unknowns and 4 attempts to persuade the customer to replace their service lines, starting over with new owners. 00:15:40 City Manager Doug Russell spoke regarding testing related to corrosion control. 00:16:29 Director Turner spoke with further detail about corrosion control procedures and requirements. 00:18:02 Council Member Hunter asked questions about the rule related to service lines under control of the system. 00:18:54 Council Member Graham asked further questions related to notification after change of ownership. 00:20:03 Council Direction — Funding Lead Service Line Inventory and Replacements Director Turner explained different funding options that the Council can consider and provide direction upon. 00:20:37 Option 1: Funding Lead Service Line Inventory and Replacements Director Turner explained this option entails the city funding replacement by applying for an SRF loan with partial forgiveness available. At this time, staff estimates a loan for 2 million dollars with 60% forgiven with a 1.75% interest rate. She spoke regarding requirements if the Page 2 of 6 Kalispell City Council Minutes, January 13, 2025 funding is utilized. The water fund would be obligated to repay that debt, and the City would need to pass a resolution indicating a one-time deferment of the current regulations stating that customers maintain their service lines. She referred to the provided resolution example. 00:23:58 Option 2: Funding Lead Service Line Inventory and Replacements Director Turner explained option 2 would require the customer to pay for replacement. She explained several sub -options. With sub -option A, the City would manage replacement with an option that the customer can use deferred payments to pay the City back. Option B. the City would manage replacement, and the customer would need to pay at the time of construction. Option C, the customer would manage and pay for the replacement. Option D provides information if the customer were to refuse to replace the line. 00:26:33 Council Member Graham asked questions related to option 1. 00:28:21 Council Member Hunter asked about staff time related to option 2 and then provided discussion in favor of option 1. 00:31:26 Council Member Gabriel asked questions related to possible guidelines for option 2.C. where customers would hire and manage their own contractors. She spoke to related concerns from lack of guidelines. 00:33:29 Council Member Nunnally spoke to uncertainty concerns. 00:34:05 Director Turner talked regarding SRF funding and the unknowns related to costs. 00:35:13 Council Member Hunter asked about eligibility of project details for the SRF funding. 00:37:06 City Manager Russell spoke further about expectations if the City took on replacement and associated costs. 00:37:48 Council Member Graham spoke in favor of option 2. 00:40:21 Council Members Hunter and Graham debated their positions. 00:43:44 Council Member Nunnally spoke regarding precedence concerns. 00:44:55 City Manager Russell provided further perspective on this item. 00:47:35 Public Works Director Turner spoke regarding the current policy related to service line replacement. 00:48:42 Council Member Hunter spoke further regarding the difference between the options. 00:50:36 Public Works Director Turner explained the rule only applies to public water supplies. 00:51:08 Council Member Gabriel asked how other municipalities may be handling this rule. Director Turner spoke regarding how Great Falls and Bozeman are handling the rule. Page 3 of 6 Kalispell City Council Minutes, January 13, 2025 00:53:09 Council Member Nunnally asked about the average number of service line replacements due to leaks. 00:54:14 Mayor Johnson asked about current precedence related to replacement and then provided discussion. Manager Russell spoke regarding costs. 01:01:11 Mayor Johnson asked about options related to where anew line could go when appropriate. He then provided discussion. 00:58:01 Council Graham provided discussion and asked further questions. 01:01:02 Mayor Johnson provided further discussion. 01:02:59 Council Member Daoud provided discussion. 01:04:39 City Manager Russell asked if Council is ready for this item to be brought forward for a vote at a regular meeting. 01:04:58 Council Member Fisher provided discussion. Council discussed the options and would like this item brought forward for a vote. They had suggestions for how they would like the resolution modified. 2. Municipal Code for Unsafe Structures and Penally pplication 01:08:00 City Manager Russell provided an overview of previous Council discussions related to property maintenance and concerns that do not fit into our current property maintenance code and previous related decisions. He spoke regarding the lack of code enforcement resources and how fire codes also take code enforcement resources. He then discussed how code is currently handled and talked about the possible amendments provided including requiring abatement within ten days and changing the violation from criminal to civil. 01:12:45 Council Member Fisher asked about civil versus criminal penalties. 01:13:13 City Attorney Preble answered questions related to civil versus criminal and the ability to abate with civil with a judicial order. 01:13:42 Council Member Fisher asked how the staff would handle a violation under civil infractions and confirmed that this would be complaint driven. 01:14:25 Council Member Hunter confirmed further what the process might be. 01:14:58 Council Member Fisher spoke in support of this change. 01:15:39 City Manager Russell spoke regarding the current lack of resources to respond to complaints. Page 4 of 6 Kalispell City Council Minutes, January 13, 2025 01:16:27 Council Member Hunter asked questions related to fire code versus maintenance code. He followed up with questions related to staff resources. 01:18:23 City Manager Russell spoke regarding how a property code enforcement program would work. 01:18:55 Mayor Johnson provided discussion. 01:19:22 Director of Development Services Jarod Nygren provided information related to how complaints are currently handled. 01:19:39 Council Member Nunnally asked questions about building inspection versus fire, life, and safety inspections. 01:21:01 Council Member Fisher confirmed that there was a code enforcement officer in the past. 01:22:26 Mayor Johnson spoke regarding the frequency of complaints received. 01:22:56 Council Member Graham provided discussion related to code enforcement and provided discussion. 01:24:40 City Manager Russell spoke further about the difficulties of handling complaints. He then suggested bringing this particular item before Council for a vote and then having a broader discussion related to the possibility of a code enforcement program. 01:26:49 Council Member Nunnally asked how many large municipalities have code enforcement programs and officers. 01:28:01 Council Member Hunter provided discussion related to code enforcement and problems with defining the related code and concerns related to funding allocation. 01:30:50 City Manager Russell explained he will place both these items on the next agenda. D. PUBLIC COMMENT Mayor Johnson opened public comment. 01:31:07 Cassidy Kipp, Public Comment Ms. Kipp of the east side neighborhood said she feels that concerns related to the Outlaw Inn have been dismissed and were not taken in consideration. She would like to see a review of allocation of funds. She further spoke regarding where she feels we should allocate funds. She asked about the allowance of conditional use permits for fortified holdings and would like the conditional use permit for the former Outlaw Inn pulled. 01:33:56 Seeing no further public comment, Mayor Johnson closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at hiips://time.ci.kalispell.mt.us/WebLink/Browse. aspx?id=128274&dbid=0&repo=Kalispell. Page 5 of 6 Kalispell City Council Minutes, January 13, 2025 E. CITY MANAGER, COUNCIL, AND MAYOR REPORTS City Manager Doug Russell provided the following report: • The items under discussion tonight will be on the next agenda. The Trails and Sidewalk Sub -Committee will meet after the next regular meeting. • State Legislative session is in place. He reported on some Tax Increment Financing Bills including Senate Bill 2 which would say the increment would not be considered new growth. • City offices will be closed Monday for Martin Luther King Jr. Day and Council will meet on Tuesday. 01:35:54 Council Member Hunter spoke regarding the public comment received related to removing the conditional use permit for the Outlaw Inn and confirmed with staff that the State changed the rules and now mandates that multi -family housing be allowed in all zoning therefore revoking the conditional use permit would not have an effect on the former Outlaw Inn property. 01:36:53 Council Member Graham encouraged people to attend High School basketball games. 01:38:25 Council Member Nunnally spoke regarding other youth events that he would encourage people to attend such as the Glacier Challenge Gymnastics occurring at the Fairground this weekend. Please support our youth. 01:38:45 Mayor Johnson spoke regarding changes that have happened at the former Outlaw Inn. F. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:38 p.m. Aimee Brunckhorst, CMC City Clerk Minutes approved on 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 Watch City Council meetings live with the agenda and documents or later with time stamped minutes at: https://www.kalispell.com/48O/Meeting-Videos or live or later on YouTube at: hl�2s://www.youtube.com/2cilyofkalis]2ellmontana9632/streams. 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. Page 6 of 6