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12-30-85 S&W Comm MinutesJ -< December 30, 1985 SEWER AND WATER COMMITTEE Chairman Nystul and Councilman Ruiz in attendance Mike Fraser of TD&H, and Roger Hopkins also present. 4:00 P.M. Surveyor Zavodny, KALISPELL TRUNK SEWER - LOVE EASEMENT - Mike Fraser stated that there are two easements still outstanding. One is owned by Larry and Glenda Love. The parcel is landlocked, a vacant lot, and they need as easement for access. The part the City needs is along the west boundary line. There are two options: 1. The Love's prefer to sell the 3/4 acre to the City for $7,500 plus back taxes, which amount to approximately $1,000 - $1,200. 2. The other option is to provide access through the City shops parcel so that the Love's parcel is no longer landlocked. This would require moving some fuel tanks. C. Nystul suggested this might be a good location for the Water Warehouse. The Water Department land on N. Meridian was sold for $10,000 and that money could be used. A new building that is more energy efficient is the best idea if the old one could be sold to a nearby business. Surveyor Zavodny suggested that the School District might be interested in this parcel for parking for the football field. C. Nystul said that if the City took back the land now used by the School District for parking the City wouldn't have to buy land for the Water Warehouse. The Committee felt that DPW Hammer, W/S Superintendent Hyde and Surveyor Zavodney needed to look into these possibilities and make a recommendation. Mike Fraser said that the other easement in question belongs to the Kellers. • The Keller sons are reviewing it now. They want to sell to the School District and so hesitate to cloud the sale with an easement. This easement would cut across only a small corner and is not essential if Kellers choose not to agree. Mr. Fraser explained that time was short and advertising for Phase I was planned for January 12, 19, and 26, with bid opening at the February 3 Council meeting. They would prefer advertising for Phase II as soon as possible with the bid opening perhaps the second Council meeting in February. He explained that Phase I will be 90% in operation when it is finished and Phase II will provide major relief and improved flow in the southwest area. C. Nystul explained the comminutor problem and the fact that it is 20 years old and there was discussion of a Paschal flume measuring device for the treatment plant. He thought that it would make sense to do this now. Mr. Fraser explained that these items are grant eligible (75% fundable) and the EPA prefers to make this part of the second phase of plant construction. Planning for these items has been included in the Phase I plans however. Mike Fraser pointed out that in order to meet the September 1st deadline the work on Phase II must begin by mid April. There followed a discussion on the funding for Phase I. By the time that they get set to start digging that the City will know, with the present rates, what kind of sewer bond they can go with, plus how much is available from capital improvement. Phase I is sewer only. The Committee requested that the minutes be checked to see if the Council had indeed okayed calling for bids for Phase I. If not this should be included 40 on the January 6 agenda. ti J .. SEWER AND WATER COMMITTEE _ December 30, 1985 Page 2 DISCHARGE PERMIT DRAFT REVIEW - C. Nystul reported that W/S Superintendent Hyde has engaged an MIT professor at $350/day for three days to review the draft of the discharge permit, essentially a second opinion. He has given some suggestions over the phone and a report with proposals will be forthcoming. FLATHEAD BASIN COMMISSION - C. Nystul indicated that the Commission will meet in Kalispell in January and suggested that the Committee recommend a treatment plant policy to be presented at that meeting. Point 1 might be that the City does not disagree with phosphorus removal but rather perhaps with the amount/liter (based on findings in Whitefish). The City should do their part but others should also do theirs. Point 2 should point out that the City objects to the State Department of Health and Environmental Sciences trying to blackmail the City into doing the work on the plant by holding up the funding of the Woodland Park SID. There are demonstrated failures of septic systems, and there is a plan for correcting this. Mike Fraser pointed out that the southwest area of the City was also included in the facility plan and should be included here. The Committee was in agreement on recommending these points as the City's position. BARRICADES AT CONSTRUCTION OPENINGS - C. Nystul read from a letter from former City Attorney Donahue's letter stating that the City's liability flows from it's negligence to perform a duty. In the case of a contractor working • in the right of way the City would incur some liability if it fails to require the contractor to provide and maintain the protective devices required by law. He hoped that the City would get it's own house in order and then enforce this with the contractors. Several examples were discussed. OUT OF CITY SEWER RATES - The City Attorney's opinion now is that the City cannot raise out -of -city accounts any more than those in the City were increased. C. Ruiz asked if Billings wasn't charging 200% and the rate schedules that C. Nystul had showed that they were. The DPW Secretary reported on the standing of the out -of -city sewer accounts. There was extended discussion, out of which came the following suggestions and comments: 1. Sewer only accounts need to be metered as per regulations. The meters are to be provided by the customer. 2. Individual accounts need to be gone over one by one because some are in city, did all pay hook-up charge, and method of charging is not consistent for all accounts, or even within each account. 3. Attorney Neier is to check with Billings and the Committee would like a written statement by the January 6 Council meeting. 4. The Building Department needs better communication with the Water Department so that accounts are signed up for before a meter is issued. 5. Late Charge: As per regulations a late charge of 1.5% should be charged across the board beginning January 1. Because of all the • trouble with Greenacres the late charge should be retroactive 6 months. 6. Correction of errors: If the City has illegally charged 200% then it must go all the way back to correct this. Any other errors should be corrected back six months. ajg