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H1. Reso 5809 - ROI - Amend Water RegsCity of Kalispell Post Office Box 1997 - Kalispell, MT 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 To: Doug Russell, City Manager From: Susie Turner, Public Works Director Re: Resolution 5809 - Intent and Call for Public Hearing on Amendments to the Kalispell Rules and Regulations Governing Water Service Meeting Date: March 20, 2017 BACKGROUND: Public Works staff has identified and are recommending two changes within the 2015 Rules and Regulations Governing Water Service. The proposed changes maintain the Purpose of the Rules and Regulations, while supporting existing and evolving development techniques. The first recommended change includes redefining the requirement of service line sizes for meter accuracy. The City of Kalispell, up to December of 2016, purchased the S22 residential Metron meter. Manufacture specifications required the service line sized to match the meter size in order to warrant the accuracy and life expectancy of the S22 meter. Metron has discontinued the S22 meter and the city will now be purchasing the S30 meter. The S30 is a more robust meter that handles higher flow rates. Metron will warranty and their specifications allow a 3/4" meter to be installed on 1" service lines for residential use. In order to incorporate the new meter specification into the water rules and regulations, the suggested change to the rule is highlighted in red below: Rule XV Meterma, 4. Meter Accuracy: 1" service lines may be reduced to 1/4" at the inlet fittings to the meter nit usina a Muelller MH-15456 (or annroved eaual) fitting. For service lines areater than 1" Tthe meter size shall match the size of the service connection. Whenever a meter is found to exceed a limit of two percent fast or slow, it must be adjusted to register as nearly one hundred percent as commercially practicable or replaced. A manufacturer's certified test will be acceptable for the accuracy of new meters. The second recommended change includes adding language to address fire line service options for residential developments and the associated rules affected by the change. Residential fire service lines have different requirements for installation in accordance with the fire code. These proposed changes are considerate of residential fire service line requirements verses commercial requirements. The suggested changes to the rules are highlighted in red below: Rule II Definitions, 5. "Commercial Service" means any water usage other than solely for residential purposes except in a residence in which the resident operates a neighborhood business occupying less than thirty percent of the living area and which the water consumption for the business would be insignificant. Where a single structure has a neighborhood business exceeding the foregoing or has more than one business combined with a residence, the water service shall be considered "Commercial Service". Commercial Service includes, but is not limited to: schools, hospitals, nursing homes, churches, hotels, motels, trailer parks, apartments, dtTlexes, condos, multi-plex units, and rooming housing with two or more rooms on a rental basis are considered Commercial services and not Residential. Rule V Uses and Charges, 4. Private Fire Protection Line: For commercial services Tthe pipeline used for the fire protection system shall be separate, with no inter -connections, from the service pipe and any piping or fixtures within or outside the structure. The customer shall pay the cost of installation of the system, including the Water Department's charge for tapping the main, the fittings at the main, and all piping and appurtenances. The commercial private fire protection line will not be metered, but a monthly charge will be levied in accordance with the Rate Schedule. For residential service the fire protection pipeline shall use the residential tap, service pipe, curb stop, and meter pit. The extent of the rights of the private fire protection service customer is to receive, but only at times of fire on his premises, such supply of water as shall be available from the water system. The Water Department reserves the right to shut off residential fire protection line service as defined in Rule XII, Discontinuance of Service. The Water Department shall not be considered in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to protect any persons or property against loss or damage by fire or otherwise, and it shall be free and exempt from any and all claims for damages on account of any injury to property or persons by reason of fire, water, failure to supply water or pressure, or for any other cause whatsoever. Rule XXII Source Water Protection. 3. Backflow Assemblies: Backflow assembly testing shall be performed per manufacture specifications and the certification made available to the City Lipon request. In order to incorporate the suggested changes an amendment to the Rules and Regulations Governing the Water Service is required. As part of the consideration of the amendment, notification and public hearing processes are applicable and will begin with the passage of the proposed resolution that establishes a date for the public hearing. ALTERNATIVES: Council can elect to not approve the resolution of intent or propose modifications as Council may desire. RECOMN[ENDATION: It is recommended that Council approve Resolution 5809 calling for a public hearing on April 17, 2017, for the proposed amendments of the 2015 City of Kalispell Rules and Regulations Governing Water Service. ATTACHMENTS: Resolution 5809 2015 City of Kalispell Rules and Regulations Governing Water Service document can be found on the City's website using the following link: htlp://www.kalispell.com/public works/documents/FINALWATERRULE SANDREGS.pdf RESOLUTION NO.5809 A RESOLUTION OF INTENT TO ADOPT CERTAIN AMENDMENTS TO THE REGULATIONS OF THE CITY WATER UTILITY, INCLUDING REDEFINING THE REQUIREMENTS FOR SERVICE LINE SIZES AND ADDRESSING FIRE LANE SERVICE OPTIONS AND CALLING FOR A PUBLIC HEARING. WHEREAS, the City of Kalispell owns, operates and regulates a water utility as well as a sanitary sewer utility pursuant to the authority of Title 69, Chapter 7 of the Montana Code Annotated; and WHEREAS, from time to time the City of Kalispell updates the regulations to its utilities to reflect changes in systems, processes and legal requirements it is required to follow; and WHEREAS, it is the intent of the City of Kalispell to amend certain parts of its regulations to be consistent with public works design standards previously approved and adopted by the Kalispell City Council; and WHEREAS, pursuant to MCA 69-7-111 the City must publish a Resolution of Intent and hold a public hearing for the benefit of those affected by the proposed change in regulation, to take evidence at the public hearing and to consider such evidence prior to taking action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. A public hearing is hereby called and shall be held on Monday, April 17, 2017 at 7:00 p.m. in the Council chambers on the proposed amendments to the regulations for the Kalispell City Water Utility. SECTION 2. Notice of the public hearing shall be published according to the legal requirements of 69-7-111 MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MARCH, 2017. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that on the 17th day of April, 2017 at 7:00 o'clock p.m., in the Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to the Regulations of the city Water Utility. A copy of the proposed amendments can be viewed at the Public Works Office or the City Clerk's office in City Hall at 201 First Avenue East, or on the city's website at www.kalispell.com under Mayor and City Council/Agenda. Written comments may be submitted to the City Clerk at the above noticed meeting, or prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at cityclerk@,kalispell.com or in person at City Hall, 201 First Avenue East. For further information contact the Public Works Department at (406) 758-7720. Aimee Brunckhorst, CMC City Clerk Publish: March 26, 2017 April 2, 2017 April 9, 2017