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.
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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.
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