10-12-89 S&W Comm Minutes1
SEWER AND WATER COMMITTEE MINUTES
October 12. 1989
4:00 P.M.
Attendance: Chairman Nystul, Councilman Furlong.
Others Present: City Attorney Neier. S/W Supt. Van Dyke, Asst. S/W
Supt. Allen.
LAWRENCE PARK REMODEL S/W Supt. Van Dyke reported he has negotiated
with the contractor and architect regarding the price of the bid for
the remodeling of Lawrence Park. The cost has been negotiated to
$29,815.00 by deleting heaters in the Shop/Storage area, fence work,
rain gutter on spring house, and sidewalk in front. He requested
the Committee to recommend to the City Council to award the bid to
Bob Ross for the negotiated price of $29,815.00.
C. Furlong moved and C. Nystul agreed to recommend the bid award to
Bob Ross Construction.
City Attorney Neier stated there is provision to negotiate 25% of
the original price bid.
.GREENACRES City Attorney Neier reported the city has sued
Greenacres. Greenacres has also sued the city. The city is in the
process of discovery stage. Within two weeks he expects to send
interrogatories to Mr. Marquardt requesting production, etc. Mr.
Marquardt has not made any offer to the city as far as payment to
the city. City Attorney Neier will be attempting to find out what
Mr. Marquardt is collecting and what the basis of his lawsuit may
be.
One of the claims of Mr. Marquardt is the city is charging him the
25% surcharge and that the city cannot do this under EPA guidelines.
City Attorney Neier stated he has reviewed guidelines received from
EPA, Region 8 Guidelines for Review of Ordinances. Section 8 states
"Outside city users cannot be charged more for the same services
than those inside". They can be assessed additional charges for
debt service and their share of construction costs of the existing
plant, etc. The City Attorney understands the 25% was a figure
arrived at to provide for the debt service and construction of the
existing plant, infrastructure, etc. Research into cases reveals
that although surcharges may be a little bit suspect they are still
capable of being defended of those bases: i.e., payment of
infrastructure in the form of a surcharge. He has found nothing in
the other EPA Regulations which indicate the surcharge is not
proper.
• In addition, Mr. Marquardt has a claim regarding infiltration. The
city possesses a letter dated July 1988 addressed to the Mayor and
City Council which discusses infiltration. In this letter Mr.
Marquardt is stating city residents are paying 80% of the sewage
actually entering the plant and 20% infiltration is not being
charged and this should be applied in his case.
Mr. Marquardt has not paid any money to the city on the balance
owed. There may be opportunity in the not too distance future to go
to court for some payment.
ROOF DRAINS C. Nystul stated the city has an ordinance which allows
the city to charge for roof drains that are discharging into the the
sanitary sewer. This has never been enforced. He suggested the
city prepare a letter informing responsible property owners the city
will now enforce the roof drain fee for calandar 1989, retroactive
to January 1, 1989.
C. Furlong questioned if the roof drains can be identified. S/W
Supt. Van Dyke responded yes, some were identified in a study
conducted in 1981. There is 9.5 acres of roof drains in a 20 block,
area downtown of which 5 blocks were corrected with construction of
1st Alley West.
C. Furlong opposed enforcing the ordinance for 1989 but suggested
notification be made for 1990.
City Attorney Neier suggested a list be prepared and effort made for
collection.
S/W Supt. Van Dyke described the areas defined in the 1981 study.
C. Nystul stated the effort and intent behind the ordinance is to
encourage business owners to get their storm roof drains out of the
sanitary sewers.
The Committee requested S/W Supt. Van Dyke and Asst. S/W Supt. Allen
to draft a letter to be sent to the property owners of notice
pursuant to the ordinance and if the property owner is not in
violation then request response. Soon thereafter this will be
referred to Council to give notice the City will pursue enforcing
Ordinance #1029.
C. Furlong stated the City should work on changing the City's storm
drain out of the sewer system. He requested recommendation and
direction be given for the City to begin an overall plan for this
purpose.
C. Nystul stated the problem the Water Supt, has encountered in the
past is that the street priorities were set at the convenience of
the street department and not necessarily the sewer department. The
plan for next year should address some of the City's sanitary/storm
sewer needs.
C. Furlong requested all sources be identified and problems resolved
for which the city is responsible.
FIRE HYDRANTS S/W Supt. Van Dyke informed the Committee six fire
hydrants are on a replacement list. The hydrants are either
inoperative or not functioning properly. He has spoken with Fire
Chief Waggener regarding tagging inoperable hydrants. Tagging is
mentioned in a AWWA manual regarding hydrants inspection. The Fire
Department currently inspects hydrants.
S/W Supt. Van Dyke presented a check list from the City of Billings
for inspection of hydrants. This is an idea which may be
incorporated into City of Kalispell inspections.
C. Nystul stated money was transferred from the Water Operating
budget in to the General Fund Fire Department budget for fire
hydrant inspection.
C. Furlong questioned inspection processing. S/W Supt. Van Dyke
responded all processing has been verbal. He would like to change
procedure to be written and systemized.
C. Nystul requested Committee concurrence with the superintendent's
recommendation for documentation of inspections and encourage
annual operation of every hydrant within the city limits.
C. Furlong questioned if pressure is tested in operation. Asst. S/W
Supt. Allen responded the city does not but should flow test
hydrants every year.
• C. Nystul recommended new hydrants be flow tested.
AGENDA ITEMS C. Nystul presented and explained a working agenda for
Committee discussion in future meetings.
Adjourned: 5:00 P.M.
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