H1. Res. 6072 Adoption Sewer Regulation AmendCity of Kalispell
CITY of Post Office Box 1997 - Kalispell, MT 59903
ALISPELL
TeleFax (406) 758 6 hone:7588-7701
To: Doug Russell, City Manager
From: Susie Turner, Public Works Director
Re: Resolution 6072, Amendments to the Kalispell Rules and Regulations
Governing Sewer Service
Meeting Date: May 16, 2022
BACKGROUND: Public Works staff are recommending a change within the current Rules and
Regulations Governing Sewer Service. The proposed change is in response to Evergreen Water
and Sewer District instituting a new Meter Fee of $3.00 per account charged monthly to the City
for meter data from each of the City's sewer customers connected to Evergreen Water for water
service.
The recommended change includes updating the City's Sewer Regulation and fee schedule for
City Sewer customers - Evergreen Water customers with an additional Evergreen Meter Fee of
$3.00 per customer per month. The proposed City sewer regulation amendments as part of
Exhibit "A" Schedule B, reflect the Evergreen's charge to the City and may be adjusted if or
when Evergreen District changes their fee schedule.
As part of the consideration for the regulation amendment, the recommended changes have been
reviewed with Council, public advertisement has been performed, and a public hearing was held
on May 2, 2022. There were 5 comments received as part of the public hearing process. Public
comments and responses are summarized and attached for reference.
ACTION REQUESTED: Motion to approve Resolution 6072, a resolution to adopt certain
amendments to the City of Kalispell Sanitary Sewer Utility Regulations to include a $3.00 per
month fee to reimburse the city for meter fees charged to it for Evergreen Water Customers
utilizing the Kalispell Sanitary Sewer System and declaring an effective date.
ALTERNATIVES: As suggested by City Council.
ATTACHMENTS: Resolution 6072 with Exhibit A, Schedule B
Public Comments Log, Response, and Summary
RESOLUTION NO. 6072
A RESOLUTION TO ADOPT CERTAIN AMENDMENTS TO THE CITY OF
KALISPELL SANITARY SEWER UTILITY REGULATIONS TO INCLUDE A $3.00
PER MONTH FEE TO REIMBURSE THE CITY FOR METER FEES CHARGED TO IT
FOR EVERGREEN WATER CUSTOMERS UTILIZING THE KALISPELL SANITARY
SEWER SYSTEM AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, under the authority granted to it by the State of Montana,
owns, operates, and maintains sanitary sewer utilities for which it adopts and
applies rules and regulations for the efficient and best use of the facilities; and
WHEREAS, it is in the best interests of the City of Kalispell and its ratepayers that from time
to time the City Department of Public Works reviews the regulations and fees of
its utilities to ensure that the fees it charges are fair and equitable; and
WHEREAS, earlier in this calendar year the Evergreen Water District notified the City of
Kalispell that it would begin imposing a $3.00 per month meter reading fee upon
the City for each of the City's Sanitary Sewer customers who utilize the
Evergreen Water District water system; and
WHEREAS, it is therefore in the best interests of the City of Kalispell sanitary sewer utility
ratepayers to amend its fees to charge to its City sewer users who receive their
water from Evergreen Water the additional monthly fee of $3.00 to reimburse the
City for the charges it must pay Evergreen Water for reading the water meters of
those City sewer users; and
WHEREAS, notice of such recommendations were duly published and made available to the
public and a public hearing was held on May 2, 2022 at the regularly scheduled
meeting of the City Council, where written and oral comment were received and
considered by the City Council; and
WHEREAS, having fully considered all evidence presented, the Kalispell City Council finds
that it is in the best interests of the City and its ratepayers utilizing the City
sanitary sewer facilities to adopt the recommendations presented by the Public
Works Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That the City of Kalispell Rules and Regulations of the city's water and
sanitary sewer utilities, attached hereto as Exhibit "A" Schedule B and
incorporated herein fully by this reference, are hereby approved and
adopted.
SECTION 2. That this Resolution No. 6072 shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16TH DAY OF MAY 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL
KALISPELL, MONTANA
UTILITY SCHEDULE FOR SEWER
EXHIBIT "A"
EFFECTIVE May 16, 2022
PAGE NO.2
SCHEDULE B
RESIDENTIAL AND COMMERCIAL
Available for: Users of the system NOT SERVED by the City Water Utility but within the City
limits of Kalispell and Evergreen Sewer Service Area.
Rate: Premises discharging sewage into the system from water service originating from
other than metered City Water must install a meter, at user's expense, to provide a
measure of usage.
This provision covers all outside sources of water including wells and outside water
systems.
The charge for sewer services: same as Schedule A
The charge for sewer service for Evergreen Water District customers: same as Schedule A with an
additional Evergreen Meter Fee of $3.00 per customer per month. Evergreen Meter Fee will reflect
Evergreen's charge to the City and may be adjusted if or when Evergreen District changes their
fee schedule.
In the case of temporary absence of metering, usage will be estimated.
At the date of the adopting of this Schedule there are wells supplying commercial
and industrial premises, these are required to be metered. Until this metering is
accomplished, the sewer discharge from those premises will be determined from
the capacity of the pump delivering the water and hours of operation of the pump.
In the case of restaurants and bars, etc., served in the same manner, sewer volume
may be determined by comparison with a like situation now metered.
MULTIPLE USERS
Number of units will not be a factor in the rate formula.
Special Terms and Conditions
1. Out of City Rate 1.25 times the in -City rate.
Public Comments Log, Response, and Summary
Public Outreach Effort
A legal notice of the proposed sewer rate increase was sent to Evergreen Water — City Sewer
utility customers and city parcel owners, in addition to being advertised via local newspaper,
social media and on the City's website. Comments were received via email, phone calls, letters,
and City office visits. Comments and responses were logged and are provided as an attachment
in a table format.
Overall Comments Received
As of April 26, 2022, the City has received five comments on the rates and regulations.
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Public Comments Log, Response, and Summary
April 20, 2022
To: Ka<lisptll City Manager Doug Russell, Mayor Mark Johnson, and City Council Members
This is a rcsporrsc to City Clerk Airam 13rurAhorsCs letter dated April 6, 2022 concerning the
public hearing to arnend certain parts of the Uy's regulations to reflect the adt9itinna,l monthly fee
of $3.00 to be charged to City residents that receive, thoir water from the Evergreen Water and
Sewer District (District). The water meter readings of these City residents ue necessary for the City
to determine the monthly ss wcr treatment chargers, I always believer the District deserved
wmperwdon for tht verifiable lima and materials required to provide the City with the customer
usage information.
The District collects the water usage data (meter reading) monthly far their billing purposes. A
separate reading is not requ rd specifically for the City resident's water billing purposes. The usago
data that was collected is Bien uploaded into the Districts billing system, When they do this they are
at& to send the City the upload reads by email in an excel format The City then inputs this
information into the billing system to determine the sewer treatment charges. Not all that much to- it
There am 867 City residents that are on Evergreen Winer that the S3.00 wont ly fee impacts -
Following are the calculations illustrating the monetary impacts on these; 867 City residents,
867 City residents x $3.00 per month = $2601 per month.
$2,601 per month x 12 months = $31, 212 per year.
Assuming the District employees pay rage at $20.00 per hour this represents 1560 hours a year to
input the: usage data and send the City the monthly upload reads by email in an excel format_ This is
way beyond the bounds of pcesibility-
Wbcn the City Council rcvicws the annual budget requests from the City d*orlmerlts, the reque t
must iFWIVde justifie&ti4n AW suppprtiVe i?tfOtMg i¢Rt ift ordtr to be considered for Vpeovsl_ It is the
responsibility of tk City Manager, the Mayor, and the City Council to proturt City mkknts from
being subjected to unacc-eptable and unjustifiable expenditures, The same level of scrutiny must be
applied io the Districts unacceptable and i,mjustifiablo fors.
On behalf of the 867 City residents impacted by this, I am requesting the City Council W obtain a
verifiable accounting of the time and materials upon which the District determir" the $3.00
monthly fee.
Do not update the City Regulations until such time as the City Cotimail is satisfied that the final fear
that will be assessed by the District to the 867 City rmidrnts is fair and rsprescnts the verifiabit
casts by the District to provide the sere ice,.
Respectfully submitted,
Fled a ny
46 E_ Nicklaus Avenue
alispoll,MT 59901