City Council Agenda

CITY COUNCIL MEETING AGENDA TUESDAY, January 21, 2025, 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. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL E. CONSENT AGENDA All items on the consent agenda will be voted on with one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes – January 6, 2025 2. Award Bid for Police Evidence Building Remodel Project This item considers awarding a bid from Precision Builders for the remodel of 306 1st Ave East in the amount of $250,000. 3. Purchase of Ford Ambulance Chassis and Box-Remount This item considers the purchase of a new 2025 Ford F-450 4x4 Super Cab and Osage Ambulance Body remount to Sawtooth Emergency Vehicles/Balcer Ambulance Sales in the amount of $212,700. 4. Approve Professional Services Agreement for Facility Plan Updates This item considers selecting AE2S as the professional consultant for the 2025 Water, Sanitary Sewer, and Advanced Wastewater Treatment Facility Plan Updates. F. COMMITTEE REPORTS G. PUBLIC COMMENT Persons wishing to address the council on any issue not on the agenda are asked to do so at this time. See the bottom of the agenda for the protocol for providing comment. Kalispell City Council Agenda, January 21, 2025 H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Ordinance 1932 – First Reading – Municipal Code Revisions for Unsafe Structures and Penalty Application This ordinance considers revisions to address the concern of security and safety of vacant buildings. 2) Resolution 6238 – Kalispell Golf Association Project Approval This resolution considers approving improvements at Buffalo Hill Golf Course that exceed $75,000 and amended language to section 9 of the lease. 3) Resolution 6239 – Replacement of Non-compliant Lead Service Lines with SRF Funding This resolution considers allowing the City to fund and oversee a project to eliminate EPA non-compliant water service lines to be eligible for State of Montana Revolving Fund Loan Forgiveness. 4) Appointment to the Architectural Review Committee This item considers the appointment of Annie Canfield to this Committee. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) J. ADJOURNMENT SIDEWALK AND TRAILS ASSESSMENT DISTRICT SUB-COMMITTEE MEETING AGENDA January 21, 2025, Immediately Following 7 pm Meeting First Floor Conference Room, 201 First Avenue East The Sub-Committee meeting will not be available via zoom and will not be televised. Audio will be available after the meeting. A. CALL TO ORDER B. APPROVAL OF MINUTES – December 9, 2025 C. DISCUSSION 1. Review of Funding Allocation Model D. PUBLIC COMMENT E. ADJOURNMENT Page 2 of 4 Kalispell City Council Agenda, January 21, 2025 UPCOMING SCHEDULE City Offices Closed – January 20, 2025 – Martin Luther King Jr Day Next Work Session – January 27, 2025, at 7:00 p.m. – Council Chambers Next Regular Meeting – February 3, 2025, at 7:00 p.m. – Council Chambers PARTICIPATION Those addressing the council are asked to give their name and address for the record. See the last page of the agenda for how to address Council and limit comments to three minutes. Comments can also be emailed to publiccomment@kalispell.com. To provide public comment live, remotely, join the video conference through zoom at: https://us02web.zoom.us/webinar/register/WN_Tx71BlwDT2Wc93dZmvId6w. The Sub- Committee meeting directly following the regular meeting will not be available via zoom or available live. An audio recording will be available within several days. 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 council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: https://www.youtube.com/@cityofkalispellmontana9632/streams. The Sub- Committee meeting directly following the regular meeting will not be live. Audio will be available within several days. 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, or cityclerk@kalispell.com. Page 3 of 4 Kalispell City Council Agenda, January 21, 2025 ADMINISTRATIVE CODE – 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 CIVIC DIALOGUE – Adopted by Resolution 5180 • 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 and guidelines established for each meeting. Page 4 of 4  CITY COUNCIL DRAFT MEETING MINUTES January 6, 2025, 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/Meeting-Videos. A. CALL TO ORDER Mayor Johnson called the meeting to order at 7:00 p.m. B. ROLL CALL Mayor - Mark Johnson: Present Council Member - Kari Gabriel: Present Council Member - Sandy Carlson: Present Council Member - Sam Nunnally: Present Council Chair - Chad Graham: Present Council Member - Jed Fisher: Absent 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, Development Services Director Jarod Nygren, Assistant Development Services Director P.J. Sorensen, Parks and Recreation Director Chad Fincher, Fire Chief Dan Pearce, and Police Chief Jordan Venezio. C. PLEDGE OF ALLEGIANCE D. AGENDA APPROVAL Motion to approve the agenda as presented. Council Member – Sam Nunnally: Motion Council Member – Sandy Carlson Friendly amendment to add an item to the end of the agenda to move the meeting to a closed meeting (as provided for in Montana Code Annotated 2-3-203. Council Member - Sam Nunnally: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Kalispell City Council Minutes, January 6, 2025 Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Members Dahlman and Fisher absent. E. CONSENT AGENDA All items on the consent agenda will be voted on with one motion. If a council member desires to discuss an item separately, the item can be removed from the consent agenda by motion. 1. Council Minutes –December 9, and December 16, 2024   2. Flathead Valley Community College Tennis Interlocal Agreement  This item considers an updated 3-year agreement. 3. Acceptance of the State and Local Cybersecurity Grant Program Award  This item considers accepting this grant for 255 licenses for cybersecurity awareness training. 4. Confirmation of Firefighter/Paramedic Camas Rinehart  This item considers confirmation after completion of the one-year employment probation period. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. Motion and Vote to approve the consent agenda as presented. Council Member - Sam Nunnally: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on voice vote with Council Members Dahlman and Fisher absent. Page 2 of 7 Kalispell City Council Minutes, January 6, 2025 00:03:54 Fire Chief Dan Pearce introduced Firefighter/Paramedic Camas Rinehart and provided information on his background and success during the past year. The Mayor pinned Firefighter Rinehart’s badge and welcomed him to service. F. COMMITTEE REPORTS – None. G. PUBLIC COMMENT Mayor Johnson opened public comment. Seeing none, he closed public comment. Public comment received to Mayor and Council via email to publiccomment@kalispell.com can be seen at https://time.ci.kalispell.mt.us/WebLink/Browse.aspx?id=128274&dbid=0&repo=Kalispell. H. REPORTS, RECOMMENDATIONS, AND COUNCIL ACTION 1) Kalispell North Town Center Phases 6 and 7 Final Plat and Subdivision Improvement Agreement  This item considers final plat and improvement agreement approval for 72.6 acres, including 23 commercial lots. Assistant Development Services Director P.J. Sorensen provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:09:41 Motion to approve the final plat for Kalispell North Town Center Phases 6 and 7, as well as the subdivision improvement agreement. Council Member – Chad Graham: Motion Council Member – Kari Gabriel: 2nd 00:11:05 Council Member Hunter spoke in opposition to the motion referencing his comments when the preliminary plat was approved. 00:11:37 Vote on the motion. Council Member – Chad Graham: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Disapprove The motion passed on roll call vote with Council Members Nunnally, Carlson Gabriel, Page 3 of 7 Kalispell City Council Minutes, January 6, 2025 Graham, Daoud, and Mayor Johnson in favor and Council Member Hunter opposed and Council Members Dahlman and Fisher absent. 2) Bloomstone Phases 5-6 Final Plat and Subdivision Improvement Agreement  This considers final plat and improvement agreement approval for 13.8 acres for multi- family development. Assistant Development Services Director P.J. Sorensen provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 07:12:35 PM (00:14:11) Motion and Vote to approve the final plat for Bloomstone Phases 5 and 6, as well as the subdivision improvement agreement. Council Member - Sid Daoud: Motion Council Member - Kari Gabriel: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Members Dahlman and Fisher absent. 3) Resolution 6237 – Support for the RAISE Grant Application for Kalispell Bypass U.S. 93 to Airport Road Improvements  This item considers Council support to submit this grant application in cooperation with the Montana Department of Transportation to the United States Department of Transportation. Development Services Director Jarod Nygren provided the staff report. Public Comment Mayor Johnson opened public comment. Seeing none, he closed public comment. 00:16:34 Motion and Vote to approve Resolution 6237, a resolution of approval for the submission of an application to the United States Department of Transportation for a “Rebuilding American Infrastructure with Sustainability and Equity” (RAISE) Grant to fund upgrades to the Kalispell Bypass from U.S. 93 to Airport Road. Council Member - Kari Gabriel: Motion Council Member - Sandy Carlson: 2nd Mayor - Mark Johnson: Approve Council Member - Kari Gabriel: Approve Page 4 of 7 Kalispell City Council Minutes, January 6, 2025 Council Member - Sandy Carlson: Approve Council Member - Sam Nunnally: Approve Council Chair - Chad Graham: Approve Council Member - Jed Fisher: Absent Council Member - Sid Daoud: Approve Council Member - Jessica Dahlman: Absent Council Member - Ryan Hunter: Approve The motion passed unanimously on roll call vote with Council Members Dahlman and Fisher absent. I. CITY MANAGER, COUNCIL, AND MAYOR REPORTS (No Action) City Manager Russell provided the following report: • Council will enter into a closed executive session at the end of this meeting to talk about ongoing litigation. No action will be taken. At the conclusion of the executive session the Mayor will return to close the meeting. • Lead line replacement funding with a potential draft resolution and then fire code regulations and how that might be incorporated under property maintenance are scheduled for the January 13, work session. • On Tuesday, January 21st after the regular meeting another Sub-Committee meeting on Sidewalks and Trails is scheduled. • The State legislative session starts this week. There are already five bills looking at TIF districts. There is a hearing tomorrow on voted levies by municipalities to dictate the levy would have to be a fixed dollar amount instead of a mill which would be problematic especially with things like facility maintenance as it would not account for inflationary factors. He will be watching the session as it moves forward and reporting back. 00:19:35 Council Member Hunter spoke to an article stating a lack of progress by Council on some of the homeless initiatives. He would like to offer to come up with an agenda for a City Summit with Whitefish and Columbia Falls and work with staff on getting that organized and offer to make recommendations for members of a Homeless Advisory Committee and propose a mission and focus for that Committee as well. 00:20:21 Council Member Graham announced this will be his last year of serving an elected office for Ward 2, as he will not run for that seat this year for the next term. 00:21:30 Council Member Nunnally said he will be sad to see Graham go. He then spoke to Parks and Recreation Director Chad Fincher saying he saw a comment on Facebook about how domestic birds are being seen again at Woodland Park. He then ran into one of the Fish and Game employees and asked about prior conversations about funding opportunities with Fish and Game related to pond improvements. 00:22:19 Parks and Recreation Director Chad Fincher explained they will soon request proposals for professional services to help with a Parks Master Plan. Staff believes that it would be appropriate to discuss that once that process is started. Talking with them, they are still interested in those improvements and there is funding available, and there are also community members that would like to participate. Page 5 of 7 Kalispell City Council Minutes, January 6, 2025 00:22:57 Mayor Johnson spoke regarding the recent death of George Ostrom saying he was an important part of the community and will miss hearing his voice on the radio. He expressed his thoughts and prayers to Mr. Ostrom’s family and friends. 00:23:31 Mayor Johnson spoke to Council Member Hunters comments saying he would be happy to have him look at that and would give him contact information for Mayor Muhlfeld in Whitefish. 00:24:08 He then spoke to his views on his previous frustrations that the County Commissioners had not added a vote on whether to accept monies from HB 819. He was happy to see that they did add it to their December 31, 2024, meeting as it was important to have that discussion out in the open. He would have liked to see discussions earlier on what the impacts of the legislation might have been. Mayor Johnson then explained why he believes that the County Commissioners may have made the right decision voting no speaking on financial issues related to purchasing a home versus renting and a spreadsheet he had created related to how HB 819 is written. He believes there were flaws in how that bill was written. J. EXECUTIVE SESSION Council and pertinent staff left the room and moved into closed executive session per Montana Code Annotated 2-3-203 to discuss litigation strategy. 00:47:23 Mayor Johnson returned from executive session and adjourned the meeting. K. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:02 p.m. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on UPCOMING SCHEDULE Next Work Session – January 13, 2025, at 7:00 p.m. – Council Chambers 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 Sidewalk and Trails Sub-Committee Meeting - TUESDAY, January 21, 2025, immediately following regular meeting – Council Chambers Page 6 of 7 Kalispell City Council Minutes, January 6, 2025 PARTICIPATION Watch council sessions live with the agenda and supporting documents or later with documents and time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: https://www.youtube.com/@cityofkalispellmontana9632/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, or cityclerk@kalispell.com. Page 7 of 7  POLICE DEPARTMENT 312 1 Ave East – PO Box 1997 – Kalispell, MT 59903 st ‘Striving to Exceed Expectations’ REPORT TO: Doug Russell, City Manager FROM: Jordan Venezio, Chief of Police SUBJECT: Bid Award for Police Evidence Building MEETING DATE: January 21, 2025 BACKGROUND: The Police Department is remodeling 306 1st Ave E, which previously housed the Parks and Recreation Department to accommodate evidence storage and Detective office space. This project was previously approved by Kalispell City Council and funded by Downtown Tax Increment Financing (TIF). The City advertised an invitation for bids for the remodel. The following bids were received in response to the published Invitation for Bids: BIDDING RESULTS: Copper Mountain Builders $248,106 Precision Builders $250,000 Camas Creek Contractors $258,042 Copper Mountain Builders was the low bid but failed to use Montana Prevailing Wages in their bid. ACTION REQUESTED: Motion to award the bid for the remodel of 306 1st Ave E to Precision Builders in the amount of $250,000. FISCAL EFFECTS: The cost for the remodel is set to be funded by the Downtown TIF 2188-480-470230-720 funds. ALTERNATIVES: As suggested and approved by the City Council. JORDAN VENEZIO, CHIEF OF POLICE  FIRE DEPARTMENT Dan Pearce – Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee – Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 REPORT TO: Doug Russell, City Manager FROM: Daniel Pearce, Fire Chief SUBJECT: Purchase of new Ford Ambulance Chassis and Box Re-mount MEETING DATE: January 21, 2025 BACKGROUND: The Kalispell Fire Department currently has 3 ambulances in its fleet. Medic 621 is a 2006 Ford/Horton Ambulance with high mileage and a lengthy service history. Medic 622 is a 2016 Ford/Osage and Medic 624 is a 2020 Ford/Osage. A new ambulance (Ford/Osage) was ordered in January of 2023 with a delivery date in September of 2025. As part of that purchase, we were trading in the 2006 ambulance. This would leave us with a 2016, 2020 and 2025 Ford/Osage ambulances. In keeping our fleet up to date and being fiscally responsible we chose and budgeted to purchase a 2025 Super Cab 4x4 Ford F450 Chassis and have the box from the 2016 ambulance rebuilt and mounted on the new chassis. This purchase meets the criteria for a sole source purchase as it maintains warranties on the re-mounted box by using the original box manufacturer and keeps our fleet consistent and standardized. Also, Sawtooth Emergency Vehicles will allow us to keep the 2006 trade in ambulance until the completion of the re-chassis of this new ambulance: an approximate build time of two to three months. RECOMMENDATIONS: Approve the purchase for a (1) New 2025 Ford F-450 4x4 Super Cab and Osage Ambulance Body remount to Sawtooth Emergency Vehicles/Balcer Ambulance Sales. FISCAL EFFECTS: $205,500 was budgeted for this new chassis and box rebuild/remount in this FY 24/25 budget authorized August 19, 2024, by City Council. The updated cost is $212,700 and can be funded from the levy capital fund. This was budgeted for in our Emergency Responder levy for FY24/25. ALTERNATIVES: As suggested and approved by City Council. ATTACHMENT: None “Protecting our community with the highest level of professionalism.”  MEMORANDUM To: Doug Russell – City Manager CC: Susie Turner, PE – Public Works Director From: Keith Haskins, PE – Deputy Public Works Director Re: Recommendation for Consultant – 2025 Water, Sanitary Sewer, and Advanced Wastewater Treatment Facility Plan Updates Meeting Date: 1/21/2025 BACKGROUND: The City of Kalispell's Water Facility Plan was last updated in 2018, and the Wastewater Facility Plan and the Advanced Wastewater Treatment Plant Facility Plan were last updated in 2019. Since the adoption of these plans, the city has continued to have infill growth, as well as expansion with new developments. As Kalispell experiences ongoing expansion and as existing infrastructure ages, it is essential to update the facility planning documents. These updates will ensure effective project planning and utility management to appropriately serve existing residents in addition to growth areas. The updates will also support the efforts required by the Land Use Planning Act. The city advertised a request for Statements of Qualifications (SOQ) for Professional Services in October of 2024. Two SOQs were submitted: one from Advanced Engineering and Environmental Services (AE2S) and the other from a partnered team of Robert Peccia and Associates and HDR Engineering. REQUIRED SERVICES: The services to be provided for this project include: 1. Water Facility Plan Update 2. Wastewater Collection Facility Plan Update 3. Advanced Wastewater Treatment Plant Facility Plan Update RECOMMENDATION: A selection committee of seven city staff from Public Works and Development Services was convened to score the SOQs received. Based on SOQ scoring, reference checks, committee deliberation, and careful consideration, AE2S was selected and is recommended. ACTION REQUESTED: Motion to select AE2S as the Professional Consultant for the 2025 Water, Sanitary Sewer, and Advanced Wastewater Treatment Facility Plan Updates. FISCAL EFFECTS: The cost for all three facility plans is estimated at $582,566. Adequate funds for these services are allocated in Water Fund item 357 and Sewer Fund items 357 and 358. ALTERNATIVES: As recommended by City Council. ATTACHMENTS: Agreement, Scope of Work, Schedule, and Fee Estimate 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com  PROFESSIONAL SERVICES AGREEMENT Professional Services for 2025 Kalispell Water, Wastewater, and AWWTP Facility Plan Updates. THIS AGREEMENT is made and entered into this _____ day of ___________, 2025, by and between the CITY OF KALISPELL, MONTANA, a municipal corporation organized and existing under the laws of the State of Montana, 201 First Avenue East, Kalispell, Montana 59901, hereinafter referred to as “City,” and ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC, 4050 Garden View Drive, Ste 200, Grand Forks, ND 58201, hereinafter referred to as “Consultant.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to hire Consultant as an independent contractor to perform for City services as described in individual Task Orders. In general, the services to be provided include facility plan updates for the City’s water system, wastewater collection system, and the Advanced Wastewater Treatment Plant. The services to be provided and the compensation for such services, shall be as mutually agreed to in separate Task Orders to this Agreement, executed by both parties. 2. Effective Date: This Agreement is effective upon the date of its execution. 3. Scope of Work: The following Task Orders and anticipated values are shown below. These Task Orders will be developed as part of this project. Additional detail regarding the anticipated Task Order scope, schedule, and fee is provided in Exhibit A. The final scope and fee are to be determined as the scope of work for each element becomes clear. The Engineer will not begin work on any task until there is an authorization to proceed on work elements under this Agreement including the scope, cost, and time for completion in the form of an executed Task Order. TASK ORDER # DESCRIPTION ANTICIPATED VALUE 0 Overall PSA Project Management and Meetings $35,636 1 Basis of Planning $88,785 2 Water Facility Plan Update $121,157 3 Wastewater Collection System Facility Plan Update $142,704 4 Advanced Wastewater Treatment Plan Facilities Plan Update $194,284 Total $582,566 4. Payment: City agrees to pay Consultant pursuant to the terms set forth in each executed Task Order. Any alteration or deviation from the described work that involves extra costs will be performed by Consultant after written request by the City and will become an extra charge over and above the contract amount. The parties must agree upon any extra charges in writing. 5. Independent Contractor Status: The parties agree that Consultant is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other Page 1 of 4 purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. Consultant shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 6. Indemnity and Insurance: For the professional services contracted and rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Consultant or Consultant’s agents or employees. For this purpose, Consultant shall provide City with proof of Consultant’s liability insurance issued by a reliable company or companies for personal injury and property damage in amounts not less than as follows: • Workers’ Compensation - statutory • Employers’ Liability o $1,000,000 per occurrence o $2,000,000 annual aggregate • Commercial General Liability o $1,000,000 per occurrence o $2,000,000 annual aggregate • Automobile Liability o $1,000,000 property damage/bodily injury o $2,000,000 annual aggregate • Professional Liability o $1,000,000 per claim o $2,000,000 annual aggregate The City shall be included or named as an additional or named insured on the Commercial General and Automobile Liability policies. The insurance must be in a form suitable to City. 7. Professional Service: Consultant agrees that all services and work performed hereunder will be accomplished in a professional manner. 8. Compliance with Laws: Consultant agrees to comply with all federal, state and local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA. Page 2 of 4 9. Nondiscrimination: Consultant agrees that all hiring by Consultant of persons performing this Agreement will be on the basis of merit and qualification and will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin. 10. Default and Termination: If either party fails to comply with any condition of this Agreement at the time or in the manner provided for, the other party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand- delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement. 11. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Page 3 of 4 12. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Consultant pursuant to this Agreement are the property of the City. The City has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. Any re-use without written verification or adaptation by the Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Consultant. No material produced in whole or in part under this Agreement may be copyrighted or patented in the United States or in any other country without the prior written approval of the City. 13. Liaison: City’s designated liaison with Consultant is Keith Haskins at 201 First Avenue West, Kalispell, MT 59901 and Consultant’s designated liaison with City is Zach Magdol at address, 1288 North 14th Avenue, Unit 103, Bozeman, MT 59715. 14. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF KALISPELL, ADVANCED ENGINEERING AND MONTANA ENVIRONMENTAL SERVICES, LLC. By_________________________________ By_________________________________ Doug Russell, City Manager Brian Bergantine, Operations Director APPROVED AS TO FORM By________________________________ Johnna Preble, City Attorney Page 4 of 4 Exhibit A to Professional Services Agreement City of Kalispell Water, Wastewater, and AWWTP Facility Plan Updates January, 2025 The city of Kalispell remains one of the fastest growing municipalities in Montana and the ever-increasing development pressure, aging infrastructure, rising construction costs, and evolving regulations necessitate an update to the City’s guiding water and wastewater planning documents. This project will provide the City with an updated Facility Plan for Water, Wastewater Collection, and Advanced Wastewater Treatment Plant (AWWTP). Each Facility Plan will include service area updates, future growth planning, model updates, capital improvement planning, and risk assessment. Basis of planning tasks for the facility plans will be completed in conjunction with each other to ensure consistency across plans. Facility specific tasks will then be completed by their respective technical leads according to the scope defined below. Task 0: Project Management Deliverable: Monthly invoices and progress reports, PM check-ins as needed with City staff Scope: Project management – Conduct general project management services including general coordination with City, project invoicing, and managing project budget and schedule Facility Plan Planning Board Work Session with two AE2S representatives present Facility Plan Council Work Session with two AE2S representatives present • One Council Work Session • One Council Meeting (available via Zoom) Assumptions: All deliverables will be provided in electronic format. Fee for Project Management includes developing graphics / summaries for Council and Planning Board Work Sessions PM check-ins will be virtual and occur every two weeks generally lasting 30 minutes Other workshops / meetings are identified below in subsequent tasks Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 2 of 11 Task 1: Basis of Planning Deliverable: Basis of Planning Presentation(s) and electronic PowerPoint slides, which will include: Updated Water Use Characterization Updated Water Rights Portfolio Summary Updated Wastewater Characterization (Flows and Loads) Population projections for planning horizons Design parameters and performance criteria recommendations Maps (PDF and digital shapefiles) of existing and future service areas and land use. Water Rights Summary and Recommendations Technical Memorandum (by WGM Group) Scope: 1.1 Data Collection • Compile Request for Information • Meet with City Public Works and Planning Staff to help define future scenarios, growth assumptions, and density / land use assumptions 1.2 Service Boundary and Planning Horizons • Develop Existing Land Use Map: Create a map detailing zoning categories within the current city limits. • Develop Infill Zoning Map: Identify areas for potential redevelopment with increased density. This growth scenario will consider Tax Increment Financing Districts as well as the Core Area, Downtown, and Core & Rail Development Plans. • Develop Future Land Use Map: Establish water and wastewater growth model scenarios based on Growth Policy Future Land Use categories within the Annexation Policy Boundary. We will collaborate with you to understand the anticipated changes to the 2017 Growth Policy Plan and their implications for this effort. • Propose Future Densities: Define proposed densities for each future land use category in consultation with the Public Works and Development Services departments. Consideration will include legislative changes for Accessory Dwelling Units (ADUs). • Define Planning Horizons: Coordinate with Public Works and Development Services to define near-term (5 years), mid-term (6–15 years), and long-term (>15 years) planning horizons, aligning with the predicted timing of development and growth in various areas. • Project Future Population Growth: Analyze recent population trends and collaborate with City staff to project future growth. While the 2019 AWWTP Facility Plan assumes a 2% growth rate, this will be reassessed using updated data to ensure accuracy. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 3 of 11 1.3 Water Supply and Demand Evaluation • Assess 5-Year Water Demand: Use customer meter data to characterize water demand over the past five years. Data will be analyzed on a city-wide basis as well as by usage type (residential, commercial, etc.), as the data allows. • Analyze Non-Revenue Water: Compare well production data from previous five years to metered demand to quantify and analyze non-revenue water. • Summarize Current Water Rights: Provide a summary of existing municipal and other water rights owned by the City. Quantify municipal monthly legal availability in flow and volume. Review current City process for transferring water rights from developers. Provide recommendations for improving transfer process including workflow, forms, and contacts. Provide recommendations for how to get the most value out of water rights transferred to the City through development. • Determine Water Duty Factors: Establish duty factors (gal per ac per day) for allocating water demand in the hydraulic model, based on future land use scenarios. • Evaluate Future Water Supply Needs: using population projections and historic per capita demand, develop a graph showing when additional water supplies or conservation may be needed 1.4 Wastewater Flows and Loads Evaluation • Analyze Wastewater Flow Data: Summarize five years of flow data from the AWWTP, including dry- and wet-weather flows. Additional analysis will include consideration of flow from the Evergreen District and customers within City limits that are on sewer but not water (i.e., “sewer- only customers”). • Evaluate Lift Station Monitoring Data: Review existing monitoring data and recommend additional data collection for model calibration. • Allocate Inflow and Infiltration (I&I): Develop an approach for assigning I&I in the collection system hydraulic model. Dry weather base inflow will be used to simulate areas with high groundwater. Additionally, we will create a conceptual hydrograph to visually represent the components of wastewater flow, to aid communication with City officials and the public. • Develop Duty Factors and Analyze System Data: Duty factors (gallons per acre per day) will be developed for future land use categories identified in Task 1.1 using existing customer meter data. • AWWTP Influent Data Summary: Review and summarize five years of influent data for key parameters, including influent flow, BOD₅, TKN, TP, and TSS. Use population growth projections and specific per capita flow and duty factor estimates to develop future flow and loading projections. These projections will be used to assess the utilization of existing AWWTP infrastructure and the ability of the existing processes to successfully treat projected loading as well as determine the effectiveness of upgrade alternatives. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 4 of 11 1.5 Design Parameters and Performance Criteria Evaluation • Compare the City’s development design standards with duty factors established in Tasks 1.3 and 1.4. • Evaluate standards against performance criteria from the 2018 WFPU and 2019 WWFPU, and recommend updates as needed. Assumptions: 1. Customer water meter data will include a billing address to be used for geolocation and water model demand allocation and wastewater loading allocation. 2. Customer water meter data will include a usage type or similar field that can be used to distinguish between residential, commercial, industrial, or other user types. 3. GIS shapefiles will be provided to City with relevant attributes (land use type, proposed housing/population density, etc.) included. Task 2: Water Facility Plan Deliverables: 1. Updated water distribution hydraulic model within the AquaTwin Water platform. 2. Existing conditions model result maps (PDF). 3. GIS shapefile of the existing distribution system with attributed model results. 4. GIS shapefiles of proposed distribution system with attributed model results. 5. Risk evaluation criteria summary. 6. Risk model maps (PDF), GIS shapefiles of the updated risk assessment. 7. Water Facility Plan Report. 8. Graphical Executive Summary 9. CIP schedule (summary table), shapefiles to incorporate into City GIS platform showing recommended improvement projects. Excel workbook with improvement project cost estimates and simple graphics showing conceptual design. Scope: 2.1 Hydraulic Model Update and Existing Conditions Validation • Transition to AquaTwin Water Platform: Model conversion and validation • GIS Network Integration: Update the model using the most recent distribution system GIS data. The model will also incorporate the new water tower, wells, storage tanks, and control systems slated to come online next year. • Demand and Pattern Updates: Review diurnal patterns during recent dry weather periods to assess model accuracy. Demand allocation will be based on 2024 peak metered billing data to spatially distribute demand across the network. Average and peak day demands will be used to inform adjustments to the demand allocation, with proposed changes reviewed with City staff. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 5 of 11 • Model Validation: Validate model accuracy by comparing extended simulation results for average and peak usage days to 2024 SCADA data, including observed tank levels, system pressures, and well production. • Existing Scenario Analysis: Assess the system under three scenarios: average day, peak day, and fire flow. Identify deficiencies using the performance criteria from the 2018 WFPU and any recommended updates from Task 1.4 of Basis of Planning. Existing system analysis assumes new tower, wells, and controls system are in place. • Existing System Capital Project Planning: Develop and size water distribution system infrastructure (transmission main, booster station, PRV, etc.) to meet City and State standards for any existing identified deficiencies. Develop logical capital improvement projects using model results. • Model QA/QC: Model QA/QC check-list will be completed to ensure all model input and results have been checked. Model results will be reviewed by senior staff not involved in model development to ensure output is reasonable for developing Capital Improvement Projects and planning level cost estimates. 2.2 Future system analysis • Modeling Scenarios For Growth: Develop three long-term scenarios—average day, maximum day, and fire flow—and two interim maximum day scenarios to prioritize short- and mid-term improvements. Model results will guide the sizing of supply, storage, transmission, and pressure zone infrastructure to align with City and State standards. • Future Expansion Capital Project Planning: Develop and size water distribution system infrastructure (transmission main, tanks, booster station, PRV, etc.) to meet each growth horizon and maintain City and State standards. Develop logical capital improvement projects using model results. 2.3 Risk Assessment • Criteria Updates: Update the 2018 WFPU risk assessment with the latest City data, including CityWorks, completed projects, and updated GIS. AquaTwin Asset software will be used to run risk assessment because of its integration with hydraulic model results and GIS-specific framework. • Asset Evaluation: Analyze asset conditions based on maintenance records, work orders, and system failures. • City Collaboration: Refine risk criteria, scoring, and weighting in consultation with City staff. 2.4 Capital Improvement Plan (CIP) • Project Planning and Prioritization: Determine costs for all recommended improvement projects. Establish anticipated timeframes and prioritization for projects. 2.5 Water Facility Plan Report • Comprehensive Report: Compile all analysis, methods, and recommendations into a report. The report will include a summary of the Basis of Planning, Model Update, Existing System Conditions Evaluation, Future System Recommendations, Risk Assessment, and the CIP. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 6 of 11 Assumptions: 1. Existing system modeling will identify deficiencies that will need to be addressed in order to serve existing customers. If no deficiencies are identified that require immediate action, budgeted hours from the Existing System Capital Project Planning task can be reallocated to other project areas or removed from the budget as needed. 2. Risk assessment data is readily available. If not readily available, data cleanup and formatting, QA/QC, and other actions necessary to use the data for the risk assessment will be performed by the City. For vertical assets this can include install date, condition, size/capacity, manufacturer, work order history, and recent or planned rehabilitation actions. For horizontal assets this can include install date, material, break/work order history. 3. Model validation will be completed using hydrant testing data collected by City. AE2S will specify 10- 20 locations for hydrant testing. AE2S will provide the City with pressure testing equipment, locations, and testing protocols. Test equipment provided by AE2S includes a minimum of the following: two hydrant diffusers (2.5-inch connection) and four hydrant pressure recorders (2.5-inch connection). The hydrant pressure recorders will digitally record pressure and will be pre- programmed by AE2S. Task 3: Wastewater Collection System Facility Plan Deliverables: 1. Updated wastewater collection hydraulic model within the AquaTwin Sewer platform. 2. Existing conditions model result maps (PDF). 3. GIS shapefile of the existing collection system with attributed model results. 4. GIS shapefiles of proposed collection system with attributed model results. 5. Risk evaluation criteria summary. 6. Risk model maps (PDF), GIS shapefiles of the updated risk assessment. 7. Wastewater Facility Plan Report. 8. Graphical Executive Summary 9. CIP schedule (summary table), shapefiles to incorporate into City GIS platform showing recommended improvement projects. Excel workbook with improvement project cost estimates and simple graphics showing conceptual design. Scope: 3.1 Hydraulic Model Update and Validation • Platform Transition: Convert InfoSWMM and InfoSewer models to the AquaTwin Sewer platform. We have taken preliminary steps to complete this task to verify that model results are consistent with previous model versions. • GIS Integration: Update the network model with current GIS data and recently completed lift station improvements. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 7 of 11 • Wastewater Loading Update: Loading allocation will be based on 2023/2024 winter billing data to spatially distribute wastewater loading across the network. Incorporate SCADA-derived diurnal patterns. Updated average and peak conditions will inform model adjustments and will be reviewed with City staff. • Analysis and Validation: Compare modeled results to SCADA data for average and wet weather conditions where flow data is monitored. Evaluate system performance against 2019 WWFPU criteria and recommended updates from Task 1.4 of Basis of Planning. This task has been completed for a number of lift stations within the system but has not been completed at the AWWTP beyond annual model updates. • Existing System Capital Project Planning: Develop and size wastewater collection system infrastructure (gravity main, lift station, force main) to meet City and State standards for any existing identified deficiencies. Develop logical capital improvement projects using model results. • Model QA/QC: Model QA/QC check-list will be completed to ensure all model input and results have been checked. Model results will be reviewed by senior staff not involved in model development to ensure output is reasonable for developing Capital Improvement Projects and planning level cost estimates. 3.2 Future System Analysis • Modeling Scenarios for Growth: Develop average day and wet weather scenarios for the long- term buildout. Two interim wet weather scenarios will also be developed to assist with prioritizing the short and mid-term improvement projects. • Future Expansion Capital Project Planning: Develop and size wastewater collection system infrastructure (gravity main, lift station, force main) to meet each growth horizon and maintain City and State standards. Develop logical capital improvement projects using model results. 3.3 Risk Assessment • Criteria Updates: Review and update the existing risk assessment from the 2018 WWFPU using the latest information provided by the City including information from CityWorks, projects completed since the last WWFPU, and updated City GIS. New regulatory requirements will also be considered while evaluating existing risk criteria. AquaTwin Asset software will be used to run risk assessment because of its integration with hydraulic model results and GIS-specific framework. • Risk Analysis: Review asset conditions using updated work orders, maintenance history, sewer overflows, and records of breaks and failures. • City Collaboration: Work with City staff to update existing risk criteria, scoring, and weighting for the risk assessment. 3.4 Capital Improvement Plan (CIP) • Project Planning and Prioritization: Determine costs for all recommended improvement projects. Establish anticipated timeframes and prioritization for projects. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 8 of 11 3.5 Wastewater Collection Facility Plan Report • Comprehensive Report: Compile all analysis, methods, and recommendations into a report. The report will include a summary of the Basis of Planning, Model Update, Existing System Conditions Evaluation, Future System Recommendations, Risk Assessment, and the CIP. Assumptions: 1. Existing system modeling will identify deficiencies that will need to be addressed in order to serve existing customers. 2. Risk assessment data is readily available. If not readily available, data cleanup and formatting, QA/QC, and other actions necessary to use the data for the risk assessment will be performed by the City. For vertical assets this can include install date, condition, size/capacity, manufacturer, work order history, and recent or planned rehabilitation actions. For horizontal assets this can include install date, material, break/work order history. 3. Model validation will be completed using available lift station SCADA data. No additional flow monitoring is included in this scope. Task 4: Advanced Wastewater Treatment Plant Facilities Plan Deliverables: 1. Updated BioWin model for existing AWWTP and recommended upgrades. 2. Risk Assessment matrix. 3. CIP schedule (Summary table), Excel workbook with improvement project cost estimates and simple graphics showing conceptual design and a future site plan. 4. AWWTP Facility Plan Updates and Executive Summary. Scope: 4.1 Existing AWWTP Treatment Capacity Analysis • Model Refinement: Update the BioWin model of the AWWTP with the most recent default and facility specific values. Use the model for predicting future treatment scenarios (Average Annual, Maximum Month, and Peak Day) and estimating existing AWWTP treatment capacity. • Model Validation: Validate model results with actual effluent data collected at the AWWTP for better calibration of the model to the most recent values. 4.2 Effluent Permit and Regulatory Review • Regulatory Analysis: Review the existing MPDES permit for the AWWTP and use our understanding of industry trends and Montana DEQ to predict what may be coming in terms of future regulatory changes. This is crucial for assessing the performance of the AWWTP as meeting the future regulations is essential and drives the alternatives that are evaluated for treatment upgrades. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 9 of 11 4.3 Risk and Condition Assessment • Workshop and Matrix Development: Risk and Condition Assessment workshop with City staff to identify current risks, concerns, and the condition of existing facilities. This will help develop a risk assessment matrix that can be used as a tool for establishing risk mitigation strategies and prioritize areas of the facility that need upgrades. This will include an assessment of the existing SCADA interfaces and controls. • Site evaluation and condition assessment: Walk through liquids treatment processes to review equipment condition with Superintendent. Identify improvement needs. Review instrumentation and controls system and provide recommendations for improvement. Site walk throughs will be conducted in-person with senior wastewater engineer and wastewater engineer/operator. 4.4 Detailed Process Evaluation and Alternatives Development • Process Review: Evaluate the existing processes at the AWWTP for hydraulic and treatment capacity, work with operations staff, and utilize the work completed in the 2019 AWWTP FPU to identify any deficiencies in the process. We will analyze upgrades identified in the 2019 AWWTP FPU to determine the feasibility and effectiveness of these upgrades in the face of current conditions and use this existing work when appropriate. • Alternatives Development and Screening: Develop and screen upgrade alternatives for both liquid and solids treatment that meet the long-term objectives of the City. 4.5 Capital Improvement Plan (CIP) • Cost and Prioritization: Provide an Engineer’s Opinion of Probable Project Cost estimate for all recommended improvement projects. Establish anticipated timeframes and prioritization for projects. Work with City staff to prioritize anticipated projects for implementation and phasing. 4.6 AWWTP Facilities Plan Report • Comprehensive Report: Compile a report detailing the full Facility Plan Update including all assumptions, analysis methods, alternatives evaluated, recommendations. Assumptions: • City staff to provide reviews and feedback on process model development, existing facility as- builts, and to the extent possible, AWWTP equipment and facility maintenance records. Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 10 of 11 Schedule: Task February March April May June July August September Data Collection Service Boundary and Planning Horizons Basis of Water Supply and Demand Evaluation Planning Wastewater Flows and Loads Evaluation Design Parameters and Performance Criteria Evaluation Hydraulic Model Update and Existing Conditions Validation Water Future System Analysis Facility Plan Risk Assessment Update Capital Improvement Plan Water Facility Plan Report Hydraulic Model Update and Validation Wastewater Future System Analysis Collection Risk Assessment Facility Plan Update Capital Improvement Plan Wastewater Collection System Facility Plan Future System Analysis Effluent Permit and Regulatory Review Wastewater Risk and Condition Assessment Treatment Detailed Process Evaluation and Alternatives Facility Plan Screening Update Capital Improvement Plan AWWTP Facilities Plan Exhibit A – Scope and Fee Description Kalispell Water and Wastewater Facility Plan 2025 Page 11 of 11 Fee Schedule: AE2S Expenses (Reimbursables AE2S Labor Total Fee Hours and Subconsultants) Project Management and Meetings Project Management 72 $17,920 Council Meetings 48 $10,976 $2,000 Progress Meetings 20 $7,740 Project Management and Meetings Total 140 $35,636 Task 1 Basis of Planning Data Collection 22 $4,022 Service Boundary and Planning Horizons 55 $10,341 Water Supply and Demand Evaluation 91 $17,381 $25,000 Wastewater Flows and Loads Evaluation 128 $24,271 Design Parameters and Performance Criteria Evaluation 41 $7,770 Task 1 Total 337 $88,785 Task 2 Water Facility Plan Hydraulic Model Update and Existing Conditions Validation 235 $40,035 Future System Analysis 140 $24,236 Risk Assessment 66 $13,410 Capital Improvement Plan 93 $17,639 Water Facility Plan Report 127 $25,837 Task 2 Total 661 $121,157 Task 3 Wastewater Collection System Facility Plan Hydraulic Model Update and Validation 294 $59,386 Future System Analysis 124 $23,188 Risk Assessment 82 $15,838 Capital Improvement Plan 92 $19,324 Wastewater Collection System Facility Plan 120 $24,968 Task 3 Total 712 $142,704 Task 4 Advanced Wastewater Treatment Plant Facilities Plan Existing AWWTP Treatment Capacity Analysis 124 $22,972 Effluent Permit and Regulatory Review 48 $9,708 Risk and Condition Assessment 186 $39,800 $2,000 Detailed Process Evaluation and Alternatives Screening 253 $52,790 Capital Improvement Plan 140 $28,236 AWWTP Facilities Plan 202 $38,778 Task 4 Total 953 $194,284 Project Total Total $582,566  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 21, 2025 BACKGROUND: At the work session on 1/13, Council reviewed potential modifications to municipal code to address the concern of security and safety of vacant buildings. 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. Following discussion at the work session, direction was provided to move this change forward for consideration. 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 adopt Ordinance 1932, an Ordinance to amend Ordinance 1890, adopting new sections 10-12 and 10-13 of the Kalispell Municipal Code as set forth in Exhibit A, as a portion of the fire prevention ordinance of the City of Kalispell, and applicable within the corporate boundaries, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date.  ORDINANCE NO. 1932 AN ORDINANCE TO AMEND ORDINANCE NO. 1890, ADOPTING NEW SECTIONS 10- 12 AND 10-13 OF KALISPELL MUNICIPAL CODE CHAPTER 10 AS ENUMERATED AND SET FORTH ON EXHIBIT "A", AS A PORTION OF THE FIRE PREVENTION ORDINANCE OF THE CITY OF KALISPELL, AND APPLICABLE WITHIN THE CORPORATE BOUNDARIES OF THE CITY, TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER ISSUED PURSUANT THERETO AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform technical codes by reference; and WHEREAS, the Montana State Department of Justice permits local governments, such as the City of Kalispell, to administer the state approved fire codes within the territorial jurisdiction of the local government; and WHEREAS, recent concerns for the security and safety of vacant buildings within the City of Kalispell have been brought to the City’s attention, however, the City has no method in place to enforce property owners’ timely compliance regarding clean up and security complaints; and WHEREAS, new sections of the Municipal Code have been proposed which would use an expedited enforcement mechanism of ten (10) days for property owners to bring problematic properties into compliance and would make a violation thereof a municipal infraction. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. Chapter 10 of the Kalispell Municipal Code shall be amended as set forth in Exhibit “A” attached hereto and incorporated fully herein by this reference. SECTION 2. It is unlawful for any person to knowingly, purposely, willfully, or negligently violate any lawful order issued pursuant to said codes; such a violation is an offense against the City punishable as provided in Section 1- 12 of the Kalispell City Code. SECTION 3. This Ordinance is effective thirty days following final approval by the Council and Mayor and the filing with the City Clerk of the prescribed copies of the Codes hereby adopted by reference. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21ST DAY OF JANUARY, 2025. ______________________________ Mark Johnson Mayor ATTEST: ___________________________ Aimee Brunckhorst, CMC City Clerk Exhibit A Chapter 10 FIRE PREVENTION 10-1 INTERNATIONAL FIRE CODE; ADOPTED … 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.  City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 Fax - (406) 758-7758 MEMORANDUM To: Honorable Mayor Johnson and City Council From: Doug Russell, City Manager Re: Kalispell Golf Association Project Approval Meeting Date: January 21, 2025 BACKGROUND: In the fall of 2024 the Council approved a lease extension with the Kalispell Golf Association. Part of the impetus of the extension was for the Association to make irrigation system improvements at the course. With the updated lease, the Association is now prepared to start the improvement project. Under the terms of the lease, improvements above $75,000 require the approval of the City. The proposed project, as identified in the attached request consists of: - Irrigation System Improvements - Water Pumping and Storage Enhancements - Acquisition of Additional Water Rights As part of the project, a new groundwater source will be drilled for the system improvements. As Section 9. of the lease is specific to the Stillwater surface right, language should be amended to provide the use of the groundwater right as well. Current language: 9. UTILITIES: LESSEE shall also be entitled to continue use of LESSOR’s appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under said water rights shall operate and maintain the system and pump for such purposes. Proposed Amendment: 9. UTILITIES: LESSEE shall be entitled to continued use of the LESSOR’s appropriated water right from the Stillwater River, adjacent to the golf course premises, and the groundwater right at Whitefish Stage Rd. and Fairway Blvd, without charge. LESSEE, in utilizing water from the Stillwater River and groundwater from Whitefish Stage Rd. and Fairway Blvd under said water rights, shall operate and maintain the system and pumps for such purposes. FISCAL IMPACTS: The KGA is responsible for the funding obligations for the proposed improvements. RECOMMENDATION: It is recommended that the City Council approve Resolution 6238, a resolution approving an amendment to the recent 30-year lease renewal between the City of Kalispell and the Kalispell Golf Association and the associated irrigation system improvements for the property commonly known as the Buffalo Hill Golf Course. ATTACHMENTS: Resolution 6238 KGA Project Request KGA Lease  RESOLUTION NO. 6238 A RESOLUTION APPROVING AN AMENDMENT TO THE RECENT 30 YEAR LEASE RENEWAL BETWEEN THE CITY OF KALISPELL AND THE KALISPELL GOLF ASSOCIATION AND THE ASSOCIATED IRRIGATION SYSTEM IMPROVEMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE BUFFALO HILL GOLF COURSE. WHEREAS, the City of Kalispell owns certain real property within the corporate limits of the City, which is operated as the Kalispell Municipal Golf Course and commonly known and referred to as the Buffalo Hill Golf Course; and WHEREAS, approximately 140 acres of that real property were gifted to the City of Kalispell in 1938 and in 1973. Both land transfers contained deed restrictions requiring that the property be used for the purpose of developing and improving a municipal golf course; and WHEREAS, the City of Kalispell and the Kalispell Golf Association executed a lease agreement on March 1, 1997 whereby the Kalispell Golf Association leases and manages said golf course from the City for a period of 20 years; and WHEREAS, that lease was updated in 2009 in order to make substantial capital improvements to the course which necessitated extending the lease for financing purposes; and WHEREAS, the lease was also updated in 2024 to include a new 30-year term in order to potentially fund improvements at the course through lending arrangements; and WHEREAS, the Kalispell Golf Association has now approached the City regarding an amendment to the most recent lease in order to make irrigation system improvements at the course, including amending language to provide the use of the groundwater right. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. That the Lease Agreement between the City of Kalispell and the Kalispell Golf Association is hereby amended as follows on Exhibit “A”; the current Lease Agreement is attached hereto as Exhibit “B” and incorporated fully herein by this reference, and the City Manager is authorized to execute it on behalf of the City. SECTION 2. The proposed irrigation system improvements are hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21ST DAY OF JANUARY, 2025. ______________________________ Mark Johnson Mayor ATTEST: _____________________________ Aimee Brunckhorst, CMC City Clerk EXHIBIT A PROPOSED LEASE AMENDMENT Current language: 9. UTILITIES: LESSEE shall also be entitled to continue use of LESSOR’s appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under said water rights shall operate and maintain the system and pump for such purposes. Proposed Amendment: 9. UTILITIES: LESSEE shall be entitled to continued use of the LESSOR’s appropriated water right from the Stillwater River, adjacent to the golf course premises, and the groundwater right at Whitefish Stage Rd. and Fairway Blvd, without charge. LESSEE, in utilizing water from the Stillwater River and groundwater from Whitefish Stage Rd. and Fairway Blvd under said water rights, shall operate and maintain the system and pumps for such purposes. To: Esteemed Council Members, Doug Russell, City Manager Enclosed: Agreement Kalispell City Golf Course Lease Buffalo Hill Golf Club (BHGC) seeks City Council approval for the following on-site improvements, as outlined in the current lease agreement: 1. Approval of Capital Improvement Plan (CIP) Projects: Authorization for projects exceeding $75,000. 2. Amendment to the Lease Agreement: Incorporation of language to include an additional water right. Background: BHGC has been planning the replacement of its irrigation system for several years. The current system, nearly 50 years old, has exceeded its expected lifespan of 25–35 years for PVC systems. Although it has performed beyond its intended life, the system is now highly inefficient and in urgent need of replacement. The proposed project is a multi-phase endeavor that includes: • Irrigation System Improvements • Water Pumping and Storage Enhancements • Acquisition of Additional Water Rights Project Details 1. Irrigation Design & Construction: This phase includes the design process, creation of construction documents, and execution of project contracts for a new irrigation system. The system will use HDPE piping, a stronger material with a life expectancy of over 50 years. The upgraded system will significantly improve pumping efficiency, reduce water usage, and deliver year-over-year water savings. 2. New Well, Pond Renovation, and Pumps: This phase involves drilling a new well on the upper bench of the golf course near the pond located between holes 8, 10, and 11 (adjacent to Whitefish Stage Rd. and Fairway Blvd). The project also includes redesigning the pond, dredging and reshaping it, and installing a liner. New pumps will be installed to supply clean water to the irrigation system. 3. Water Right and Well Permitting: A new water right will be secured for the well, serving the same purpose as the current water right outlined in Section 9 of the lease agreement. This section will need to be amended to incorporate the new water right provision. Lease Agreement Amendment: The current agreement, Section 9, reads: “9. UTILITIES: LESSEE shall also be entitled to continue use of LESSOR’s appropriated water right of the Stillwater River adjacent to the golf course premises without charge. LESSEE in using the water from the Stillwater River under said water rights shall operate and maintain the system and pump for such purposes.” Proposed Amendment: “9. UTILITIES: LESSEE shall be entitled to continued use of the LESSOR’s appropriated water right from the Stillwater River, adjacent to the golf course premises, and the groundwater right at Whitefish Stage Rd. and Fairway Blvd, without charge. LESSEE, in utilizing water from the Stillwater River and groundwater from Whitefish Stage Rd. and Fairway Blvd under said water rights, shall operate and maintain the system and pumps for such purposes.” Request for Council Approval: BHGC’s irrigation project exceeds the $75,000 threshold stipulated in Section 8 of the lease agreement. BHGC will take full responsibility for the costs, operation, and maintenance of these improvements, in accordance with Sections 6 and 11 of the agreement. To ensure the work can be completed during the off-season, we respectfully request City Council approval for these proposals at the January 29, 2025, meeting. Thank you for your time and consideration. We look forward to addressing any questions at the meeting. Thank you Buffalo Hill Golf Club 1176 N Main St. Kalispell MT, 59901  MEMORANDUM To: Doug Russell, City Manager From: Keith Haskins, P.E., Deputy Director Public Works Re: Resolution 6239 Recommendation Meeting Date: 1/21/2025 BACKGROUND: During several Council Work Sessions, most recently on January 13, 2025, Public Works staff provided an overview of the Environmental Protection Agency approved Lead and Copper Rule Improvement (LCRI), which took effect in October 2024. The LCRI establishes specific requirements for replacing non-compliant service lines, including lead lines and galvanized lines requiring replacement. It also outlines additional requirements related to public notification, inventory validation, sampling, and protocols for addressing action level exceedances. The City has an opportunity to leverage funding from the Drinking Water State Revolving Fund (SRF) program to help offset the costs associated with replacing non-compliant service lines. This program offers loan forgiveness of up to 60%, depending on the water system’s eligibility and specific conditions requiring replacements from the main to the building. According to current City Rules and Regulations, service line maintenance is the responsibility of the property owner. However, the City may replace old service lines from the water main to consumer property boundaries when such lines are discovered to be leaking or as part of scheduled capital improvement projects. Since full replacement from the water main to the building exceeds the City's obligations, adopting a one-time resolution would be necessary to authorize the City’s involvement to complete non-compliant service line replacements and fully capitalize on the funding opportunity. RECOMMENDATION: Staff recommends that the Council approve Resolution 6239, authorizing utilization of the SRF funding for replacement of non-compliant service lines from the main to the building, as identified in the LCRI. REQUESTED ACTION: Motion and vote to approve Resolution 6239, 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 Loan Forgiveness. ALTERNATIVES: As suggested by Council. ATTACHMENTS: Resolution No. 6239. 201 1st Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 www.kalispell.com  RESOLUTION NO. 6239 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, the City’s existing policy is to require consumers to maintain their own service lines, however, the City may replace lead lines from the water main to consumer property boundaries when such lines are discovered to be leaking or as part of scheduled capital improvement projects; and WHEREAS, 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 (SRF) 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 21ST DAY OF JANUARY, 2025. ______________________________________ Mark Johnson Mayor ATTEST: ________________________________ Aimee Brunckhorst, CMC City Clerk  City Clerk’s Office (406) 758-7756 cityclerk@kalispell.com P.O. Box 1997, 201 First Avenue East Kalispell, Montana, 59903 www.kalispell.com REPORT TO: Doug Russell, City Manager FROM: Aimee Brunckhorst, CMC, City Clerk & Communications Manager SUBJECT: Appointment to the Architectural Review Committee MEETING DATE: January 21, 2025 BACKGROUND: The Architectural Review Committee was first created in 2010 and most recently modified in 2021, as codified in Kalispell code 27.21.020. The Committee was established to encourage originality, flexibility and innovation in site planning and development. The Mayor, with the approval of Council shall appoint at least five persons, with qualifications including, but not limited to, special education, training, or experience in financing of commercial real property, architecture, historic preservation, or landscape architecture; active engagement in business, commerce or industry; and/or education, training or experience in the area of graphic or allied arts. Whenever possible, the mayor shall appoint individuals who are either property owners, residents, historic preservation specialists, or actively engaged in business or employment in the city. Seven ARC members has been considered a full Committee. This Committee has one ongoing vacancy. One new qualifying applicant has been received. RECOMMENDATION: Mayor Johnson offer a recommendation to appoint Annie Canfield to the Architectural Review Committee with a term expiring April 30, 2028. Council can then follow with a motion to accept the recommendation and confirm the appointment or offer an alternative. ATTACHMENT: Application from Annie Canfield (Annie)  SIDEWALK AND TRAILS ASSESSMENT DISTRICT SUB-COMMITTEE MEETING DRAFT MINUTES December 9, 2024, Immediately Following 7 pm Meeting First Floor Conference Room, 201 First Avenue East Audio of this meeting with time stamped minutes can be found at: https://www.kalispell.com/480/Meeting-Videos. A. CALL TO ORDER Present were Sub-Committee members Council Members Ryan Hunter and Jed Fisher, with Council Member Chad Graham absent. Staff present were City Manager Doug Russell, Parks and Recreation Director Chad Fincher, and City Clerk Aimee Brunckhorst. B. APPROVAL OF MINUTES – October 21, 2024  Motion and Vote to approve the October 21, 2024, minutes. Sub-Committee Member: Ryan Hunter: Motion Sub-Committee Member: Jed Fisher: 2nd The motion passed unanimously on voice vote with member Chad Graham absent. C. DISCUSSION 1. Review of Funding Allocation Model  City Manager Russell explained initial data and a sample funding allocation spreadsheet model with multiple ways to input variables, emphasizing that the model is not a recommendation, but rather a place to start discussion and look at how different variables could be considered. The model provided sample division of funds generated, the assumption of an assessment rate per square foot, percentage of allocations and sample projects with estimated costs associated. He said he would send out the model to Sub-Committee members so they could study it further. Formulas within the excel spreadsheet allow outputs to automatically update when new figures are substituted. Sub-Committee members asked questions related to the model and the assumptions made when entering data. Page 1 of 2  Kalispell City Council Minutes, December 9, 2024 Staff and Sub-Committee members discussed when the next meeting might be and the discussion then. A meeting will be scheduled in January. Council Member Fisher asked questions about what the vacant land parcels relate to. City Manager Russell will send that response via email. C. PUBLIC COMMENT Jack Underhill with the Daily Inter Lake asked a question, but did not provide public comment. Seeing no public comment, public comment was closed. D. ADJOURNMENT Manager Russell adjourned the meeting after 23 minutes. _______________________________________ Aimee Brunckhorst, CMC City Clerk Minutes approved on UPCOMING SCHEDULE Next Regular Meeting – December 16, 2024, at 7:00 p.m. – Council Chambers City Offices Closed – Wednesday, December 25, 2024 – Christmas Holiday City Offices Closed – Wednesday, January 1, 2025 – New Year’s Holiday Next Work Session – January 13, 2025, at 7:00 p.m. – Council Chambers Page 2 of 2  City of Kalispell 201 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Sidewalk and Trails Assessment District Subcommittee FROM: Doug Russell, City Manager SUBJECT: Review of funding allocation model MEETING DATE: January 21, 2025 (following Council work session) BACKGROUND: During a previous meeting of the Sidewalk and Trails District Subcommittee, a funding allocation model was presented that identified the potential impacts of multiple variables (such as percentage allocation, various categories of work, relative outcome levels, etc.) This model was presented to provide a basis for future discussion of these areas by the committee. At the January 21 meeting, we provide the opportunity for the committee to discuss how they would view moving forward with a potential assessment district related to sidewalk construction and maintenance, trail construction and maintenance, traffic control improvements, and bike lane development and maintenance, etc. This discussion will include potential assessment rates, categories of work, and the desired outcomes. RECOMMENDATION: It is recommended the subcommittee review and discuss the potential assessment district and identify if they desire future subcommittee meetings to refine the committee’s work, or if they would like the discussion to move to the full Council.