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05. PH- Sewer and Water - Rules Making Authority for Both UtilitiesCITY OF KALISPELL NOTICE OF PROPOSED RULE ADOPTION FOR KALISPELL SEWER UTILITY Notice is hereby given that the City Council of the City of Kalispell shall consider a proposed addition to the Rules and Regulations of the Kalispell Sewer Department at a Public Hearing, Monday, August 19, 1996, in the Council Chambers of City Hall at 7:00 P.M. The addition to the Rules would take effect after September 1, 1996. If adopted, Rule V of the Sewer Department Regulations shall be amended by adding the following: (5) Annexation Required for Initiation or Continuation of Sewer Service Any customer now receiving, or hereafter initiating, sewer service supplied by the Kalispell Sewer Department, shall be deemed to have consented to, and waived the right to protest, annexation to the City of Kalispell, as a condition of continuing or initiating said sewer service. Any person concerned with the proposed rule may appear at this hearing and make oral statements or present the same in writing. Also written comments may be submitted for Council consideration by delivering them to the Clerk of Council prior to the hearing. Publish: August 1, 1996 August 8, 1996 August 15, 1996 CITY OF KALISPELL NOTICE OF PROPOSED RULE ADOPTION FOR KALISPELL WATER UTILITY Notice is hereby given that the City Council of the City of Kalispell shall consider a proposed addition to the Rules and Regulations of the Kalispell Water Department at a Public Hearing, Monday, August 19, 1996, in the Council Chambers of City Hall at 7:00 P.M. The addition to the Rules would take effect after September 1, 1996. If adopted, Rule V of the Water Department Regulations shall be amended by adding the following: (10) Annexation Required for Initiation or Continuation of Water Service Any customer now receiving, or hereafter initiating, water service supplied by the Kalispell Water Department, shall be deemed to have consented to, and waived the right to protest, annexation to the City of Kalispell, as a condition of continuing or initiating said water service. Any person concerned with the proposed rule may appear at this hearing and make oral statements or present the same in writing. Also written comments may be submitted for Council consideration by delivering them to the Clerk of Council prior to the hearing. Publish: August 1, 1996 August 8, 1996 August 15, 1996 (iI 01� � !� �11 Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 ME M 0 To: Mayor & City Council r From: Al Thelen, Interim City Manager` Date: August 16, 1996 Re.: Letter Received From Motel Owners Dated August 15, 1996 I have attached some data relating to individual motel owner's water and sewer bills under current and proposed rates. While i the sewer bills increase about 15%, this is lower than the average, which is 17%-the difference between the current rate per 1,000 gallons of $2.54 and the proposed rate of $2.98. The water rate adjustments for the motels are lower on all of these bills even though the sprinkling rate is increased from .62 cents per 1,000 gallon to .75 cents. The reason for their net increases from 10 to 11 percent is directly related to the increased sewer rates. Douglas Rauthe Mayor Al Thelen Interim City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV a� tm c o i 00 Q O C h Q 6 6 N Q o C] tD N 0 0 Of h C O tttppp p t2� Q� �j N .Q O C �y 4 O m � 3 t7f �pp NOpp N �D 0 m N n VN O LgqDpp N OhD tq {��n ca �►� V) V! V! w Kp Np Mf W H 6% 63 GW W! N V9f 0. ►+ O Q �,p Opp) N 1fT In ti OD n n toC6 O Of h O erg N {Mp OOhpp (ph�p N M N (n N N N �A {pp lN' 1p� lNn Oho N h N r r U df V) V) V! 603 dR V! fH V) V) V) V% 603 69 N Vf V! 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While most water users are recieving a reduction, those of us in the lodging industry are being targeted for an increase. It is true that we use a tremendous volume of water, especially during the summer months and we are willing to pay our fair share, but to reduce the rates of all other users and increase only those in excess of 20,000 gallons per month is unfairly targeting only our industry. This proposal comes at a particularly bad time for lodging properties in Kalispell. This year we are seeing significantly less revenues due to a combination of reduced tourism throughout the Northwest and an overcapacity of hotel rooms in the Flathead Valley. This is combined with operating cost increases due to recent increases in water and sewer rates, an increase in natural gas rates last month, increased telephone rates, increased insurance costs and proposed legislation to increase the minimum wage on a federal and state level. The minimum wage alone will have a tremendous affect on the profitability of our labor intensive industry. We are being squeezed from all directions and this sewer rate increase will be one more factor that may ultimately lead to the closure or reorganization of some lodging properties. We are enclosing some water usage figures from 1995 for several properties in Kalispell. Also we are enclosing dollar amounts that reflect the cost increases to us based on your proposal and last year's water and sewer usage. As you can see, this is a significant increase that is being forced with few exceptions on only the lodging industry. In conclusion, we understand that a modern, adequate water and sewer system are both necessary and expensive. We only ask that this cost be distributed fairly amoung all users. Thank you for your consideration. Sincerely, 92 F1 a 14 L Al 1995 Actual Water Consumption And Projected Costs: Consumption Range Total Water/Sewer Bill (Gallons/2 Month period) Current Rate Proposed %Change HERO INN 226000 Low $1015.45 $1126.13 10.9% 509000 High $1603.87 $1775.48 10.7% BLUE AND WHITE 262000 Low $1159.89 $1286.31 10.8% 575000 High $2921.43 $3234.02 10.8% Projected 1996 Increase Total 1995 Gallons Projected Cost Increase 1,998,000 $804.12 2,450,600 $1063.91 MMM t I IT* &Lal I 'taw waiy-ed IW_jV-Jt to nroteAa-r-f exation IORM I purchased my property in August of 1992. This waiver was not a condition of the title search. Personally, I would prefer to have an independent source of water, as the existing water service is much less than adequate. I have continually had low water pressure, high water bills, and no assistance from the Water Department. It has been a continual aggravation to try to obtain information, assistance, guidance or courteous treatment from the employees at the City of Kalispell Water Department. As a result of the disdain and/or complete lack of response to my inquiries, requests for assistance, (written and verbal) and complaints regarding the less than satisfying service, I deem the City has waived their right to annex a resident and tax paying citizen of the community. I balk at the attitude of the power of eminent domain. Being familiar with the current anti- government sentiment, which is pervasive nationwide, I struggle to understand why the City perceives itself to be exempt from the agitation, distrust, and rebellion that the County government must contend with. This attitude of power, force and total disregard for the taxpaying public's sentiment, to grab money in order to pursue apparent personal agendas, is the cause of the discontent, distrust, frustration and anger towards those in authority who are misusing their position of power for control over their constituency. Being quite familiar with the problems of growth the county is experiencing, I understand the need for money to help resolve some of the issues. However, the power of eminent domain disenfranchises the very citizenry you are seeking to obtain increased tax dollars from, and results in further alienation, frustration, and animosity. I am a strong proponent of being able to speak up about what is important for each citizen's quality of life. This is the concept of the "neighborhood plan" that the county is utilizing. I support working together to improve the community. However, the enjoyment of my home is being continually bombarded by actions I directly attribute to the City. The widening of the streets, with no corresponding enforcement of the speed limits in residential areas; considerable money spent on improving roads, and alleys, which promotes more traffic at increased speeds, without STOP signs to promote safety on residential streets; no enforcement of the noise ordinance; light pollution from too many street lights, which are not shielded, and thus make the City, an inconsiderate neighbor. Another major complaint I have with the City's action is the aggressive expansion of the City airport without requiring the users of the airport to be good neighbors, again no enforcement of the noise ordinance or requirement to meet a decibel level that is "kinder and gentler" to those who live in the community. I have chosen to live in the higher density city environment in order to maintain open spaces which are important to my quality of life. I am philosophically opposed to further impacting the surrounding open spaces by building a home "out in the county". Being told, in no uncertain terms, that I am "deemed to have given up my rights" as a citizen and tax payer, in exchange for even more taxes and "services" I consider obnoxious, i.e. more street lights, more noise, more traffic, more vandalism, more crime, etc., because of my choice of location, does not promote cooperation. If annexation includes courteous treatment for the increased tax dollars paid, as well as services which would truly enable the community to be a desirable place to live, then I would support the decision. however, heavy handed tactics to wrench more money out of the property owning residents of the community is going to result in even more growth problems, as these citizens flee to those very open spaces that are theoretically more "user friendly". This notice has provided me an opportunity to "vent" and I would hope that the City Council will recognize that they do serve at the pleasure of the voting public. Being annexed into the City will give me a voting right to voice my concerns. Signed o Kalispell,`'i