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HomeMy WebLinkAboutResolution No. 2011-13the ci v KENAI, ALASKA CITY OF KENAI RESOLUTION NO. 2011 -13 Suggested by: Finance Department A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING AMENDMENT OF THE PUBLIC UTILITY REGULATIONS AND RATES APPENDED TO THE KENAI MUNICIPAL CODE TO DELETE REFERENCES TO SPECIFIC FEES AND CHARGES SO THAT THOSE RATES, FEES, AND CHARGES WILL BE AS SET FORTH IN A COMPREHENSIVE FEE SCHEDULE ADOPTED BY THE CITY COUNCIL AT WHICH TIME THOSE PUBLIC UTILITY RATES, FEES, AND CHARGES MAY BE INCREASED TO ALLOW FOR CREDIT CARD ACCEPTANCE FOR PAYMENT OF UTILITY RATES, FEES, AND CHARGES. WHEREAS, the City Council has adopted regulations governing various rates, fees, and charges imposed by the City of Kenai for payment of various services and fees related to the City's provision of public utility services; and, WHEREAS, the City Code provides for the establishment of a comprehensive fee schedule to establish rates, charges, and fees of the City and the City is in the process of adopting such a fee schedule to create a primary location where all charges, rates, and fees of the City are set forth; and, WHEREAS, the creation of a fee schedule to be approved by resolution of the Council will provide increased flexibility in the City's management of its charges, rates, and fees; and, WHEREAS, it is anticipated that when the Council adopts a comprehensive fee schedule, some of the fees charged by the City of Kenai for utility services may be increased to accommodate for the City's acceptance of credit card payments for those fees; and, WHEREAS, it is in the best interests of the City to move the specific charges, rates, and fees of the Kenai Municipal Airport to the comprehensive fee schedule rather than in its separate codes of regulation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1. The Public Utility Regulations and Rates, section A, "Regulations is hereby amended as follows: The following regulations of the City of Kenai, pertaining to the water and sewer system, have been issued under the authority of Title 17 of the Kenai City Code of Ordinances. Regulations issued prior to this date are superseded by the regulations that follow: New Text Underlined' [DELETED TEXT BRACKETED] Resolution No. 2011 -13 Page 2 of 11 1. Application for or Change in Service: a. It shall be the responsibility of the property owner to apply for utility service, a. change in service, or discontinuance of service by signing a service order at the City Administration Building, Kenai, Alaska. b. Property owners are responsible to contact the City billing department when alterations to a building would change their billing account. 2. Water and Sewer Connections and Extensions: a. The property owner or his or her contractor may apply for a water and sewer permit for a connection and /or extension of service lines. The water and sewer permit is valid for only twelve (12) months from the date of issue. If the water and /or sewer line is not installed within twelve (12) months, a new permit, at no additional cost, will be required. b. The City will attempt to notify the owner when the permit expires. The owner can later reapply for a permit. If the owner can prove they already paid the City for a permit in this same location, the owner will not be charged for the new permit. The entire cost of water or sewer service connection and extension will be borne by the property owner. c. At the time the new service is provided, all connections to existing private systems, wells, septic tanks, cesspools, etc., shall be physically disconnected from the City system and their use discontinued. All on- site systems shall be abandoned as specified by ordinances and regulations of the City and applicable laws and regulations of the State of Alaska. d. All water turn -ons and turn -offs and the operations of the water valve located on the service line in the key box shall be made by City personnel only. There shall be a penalty [OF TWO- HUNDRED AND FIFTY DOLLARS ($250.00)] if a water turn -on or turn-off is done by non City personnel. A fee [OF TWENTY -FIVE DOLLARS ($25.00)] will be levied on requests for turn -on and turn -off (after initial turn -on and not involving voluntary suspension of service) during normal duty hours and whenever such action is required due to delinquent account. A fee [OF FIFTY DOLLARS ($50.00)] will be levied on requests for turn -on or turn- off during periods other than normal duty hours or for requests to voluntarily suspend service. Turn -on and turn -off during normal working hours for line testing purposes during building construction will not be a cost to the property owner. There will be no charge for the initial turn -on during normal working hours for a first or new property owner. All penalties and fees shall be as set forth in the City's schedule of fees adopted by the City Council. New Text Underlined [DELETED TEXT BRACKETED] Resolution No. 2011 -13 Page 3 of 11 e. All customers shall be required to provide a separate valve inside a building being served. The valve shall be located on the water service entering the building ahead of any branch lines where it is readily accessible in event of emergency. f. Each and every building served by the water utility shall have a separate outside shut -off valve located in a valve box. The property owner is required to know the location of this valve. In the event it is impossible to get a separate outside shut -off valve within the public right -of -way, the property owner shall provide the shut -off valve within private property and execute, in favor of the City, an easement providing access for the City personnel to the key box. In the event that a functional shut -off valve cannot be located by City personnel, the City may install a shut -off valve and charge the property owner for related labor, equipment, and material costs. Any charge under this subsection shall be based upon actual costs as well as any applicable rates as may be set forth in the City's schedule of fees adopted by the City Council, g. Owners of new or significantly modified commercial buildings are required to furnish and install a water meter with a remote reading that is readily accessible to the City. 3. Deposits for Service: For domestic and commercial customers, [A] separate deposit [IS] are required [OF FIFTY DOLLARS ($50.00)] for water service and [FIPIY DOLLARS ($50.00)] for sewer service. The amount of deposit required shall be as set forth in the City's schedule of fees adopted by the City Council. These deposits may be refunded upon request after two years of timely payment history. 4. Charge for Water and /or Sewer Services: a. The property owner will be charged the appropriate water and sewer rate whenever the curb stop or valve in the valve box is turned on and available to deliver water. However, if the property owner can assure the City that the water is being used for construction purposes only and not being disposed of in the Municipal Sewer System, the property owner will be required to pay only the water portion of the bill. The property owner is required to notify the City before they start using the Municipal Sewer System. b. Property owners will be allowed to suspend water and /or sewer services subject to the fees in subsection (A)(2)(d). c. Property owners whose water is turned off by the City for non- payment of services will be required to follow subsection (2)(d) including the payments for water turn -offs and turn -ons. 5. Hydrants: New Text Underlined [DELETED TEXT BRACI {ETED] Resolution No. 2011 -13 Page 4 of 11 a. The use of fire hydrants is permitted only in special situations when approval, in writing, has been obtained from the City, and upon payment of the use charge. Failure to obtain written authorization from the City, failure to follow written instructions of the City, or any improper use of a fire hydrant is subject to the Rules and Regulations and penalty provisions of KMC 13.05 and KMC 17.05. b. A deposit [OF TWO HUNDRED DOLLARS ($200.00)] is required to assure careful use of the hydrant and will be refunded if no maintenance is required when hydrant use is completed. The use charge, which is non refundable, [IS FORTY DOLLARS ($40.00) PER DAY] shall be a daily fee. The deposit and daily use charge shall be as set forth in the City's schedule of fees adopted by the City Council. As an alternative charge, the City reserves the right to require metering in circumstances involving high volume usages, in accordance with rates provided in the [RATE SCHEDULES] City's schedule of fees adopted by the City Council. c. The permit holder is required to use a hydrant wrench to slowly open and close the hydrant. During use, the hydrant must be fully opened. If using a hydrant to fill a tank, users must comply with State of Alaska DEC requirements for a minimum eight -inch (8 air gap on the fill line. Tanks are required to be inspected by the City before hydrants are used. d. The fire hydrant permit may be suspended by the City of Kenai at any time (normally during City water shortages). The fire hydrant permit holder is required to maintain current up -to -date contact numbers with the City. 6. Common Connections: There shall be no water and /or sewer common extensions for use by several properties or families. No connection or extension will be permitted across property lines unless they are located in a public utility easement. Every lot or individual parcel will have its own water line, valve, and meter (if not paying a flat rate). Every lot or individual parcel will have its own sewer line. 7. Location of Water Key Box: It shall be the property owner's responsibility to know the location of, and have marked, the key box and thaw wire for the water service. The standard key box marker shall be a four -inch (4 by four -inch (4 by eight -foot (8') wood post, four feet (4') in height above ground, painted white with black top and the word water stenciled in black letters no less than two inches (2 high. Property owners who do not use the standard marker should have some other method of locating their key boxes or be prepared to stand all cost of location in time of necessity. 8. Sewer Service Clean Out: No person shall install a sewer extension to a building without placing in the line near the building and New Text Underlined• [DELETED TEXT BRACKETED] Resolution No. 2011 -13 Page 5 of 11 at every change of direction of the sewer line, a sewer line clean -out of four -inch (4 minimum diameter. It shall be the property owner's responsibility to know the location of and have marked the sewer service cleanout. 9. Rental Properties: All bills are in the name of the property owner. Bills may be mailed to the renter, but the owner is responsible for all payments. 2. The Public Utility Regulations and Rates, section B, "Rates," is hereby amended as follows: The charges to users of water and sewer systems within the City of Kenai are as follows: 1. SCHEDULE A— GENERAL DOMESTIC SERVICE RATES (NON- METERED) [PER MONTH WATER Sewer $13.78 $40.35 13.78 40.35 ONE OR TWO- FAMILY RESIDENCE, PER FAMILY UNIT SINGLE OR DOUBLE UNIT APARTMENT, PER FAMILY UNIT APARTMENT, THREE OR MORE UNITS UNDER ONE ROOF, PER FAMILY UNIT SINGLE BILL ASSUMED BY OWNER 10.38 30.34 SEPARATE BILLING 13.78 40.35 TRAILERS, ONE OR TWO ON SINGLE LOT OR COURT (EACH) 13.78 40.35 TRAILERS, THREE OR MORE ON LOT OR COURT, PER TRAILER UNIT: SINGLE BILLING 10.38 30.34 SEPARATE BILLING 13.78 40.35 BOARDING HOUSES, PER AVAILABLE ROOM 3.67 10.89] All non metered, general domestic service rates shall be as set forth in the City's schedule of fees adopted by the City Council. [MINIMUM CHARGE:] Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. New Text Underlined [DELETED TEXT BRACKETED] Resolution No. 2011 -13 Page 6 of 11 [SPECIAL CONDITIONS:] The City's fee schedule for general domestic service rates [ABOVE SCHEDULE] is restricted to service used exclusively for general domestic purposes, as distinguished from commercial or other uses of water or sewer service. 2. SCHEDULE B- COMMERCIAL SERVICE (NON- METERED) [PER MONTH WATER SEWER DEMAND CHARGE: (APPLICABLE TO INDIVIDUAL CUSTOMERS WHERE WATER CONNECTION IS ONE INCH (1 OR LARGER, AND IS RATED ON THE EQUIVALENT LINE SIZE. THIS IS IN ADDITION TO THE USE CHARGE.) 1.00 INCH SERVICE 1.25 INCH SERVICE 1.50 INCH SERVICE 2.00 INCH SERVICE 3.00 INCH SERVICE LARGER THAN 3.00 INCH SERVICE USE CHARGE: BAKERY 40.60 118.01 BATH HOUSE, TUB OR SHOWER, EACH 9.32 26.69 BOTTLING WORKS, PER BOTTLING MACHINE 320.77 935.68 BOWLING ALLEYS, AMUSEMENT PARKS 38.60 113.10 CAR LOT, WITH CAR WASH FACILITIES 19.30 56.20 CAR WASH, AUTOMATIC, PER FACILITY 173.03 502.96 CAR WASH, SELF SERVICE, PER STALL 25.95 75.16 CHURCHES, LODGES, CLUBS, BANQUET ROOMS (NO BAR OR RESTAURANT FACILITIES), PER SEAT .15 .43 CLEANERS AND COMMERCIAL LAUNDRIES, PER 111.14 323.13 FACILITY DAIRIES INSTALLATION OF WATER METER REQUIRED DAY CARE CENTER OR PRESCHOOL (IN ADDITION TO OTHER APPLICABLE DOMESTIC OR COMMERCIAL CHARGE). PER CHILD, MAXIMUM CAPACITY .56 1.62 New Text Underlined; [DELETED TEXT BRACKETED 13.98 21.30 35.27 53.24 79.86 119.79 40.74 60.41 102.56 153.14 231.81 348.42 Resolution No. 2011 -13 Page 7 of 11 DOCTORS' AND DENTISTS' OFFICES, PER ROOM OR CHAIR (PSYCHIATRISTS AND OPTOMETRISTS, APPLY OFFICE RATE) 8.32 24.24 GARAGE, SERVICE STATIONS 16.64 49.17 ADDITIONAL CHARGE FOR RECREATIONAL VEHICLE DUMP STATIONS (MAY THROUGH SEPTEMBER ONLY) 19.30 56.20 HANGAR, AIRPLANE REPAIR WITH WASHING FACILITIES PUBLIC OFFICE BUILDING, PER RESTROOM RECREATION FACILITY, PER RESTROOM, SAUNA OR SHOWER, ETC. RECREATIONAL VEHICLE /CAMPER PARK, PER PARKING SPACE (DEMAND CHARGE ONLY FROM OCTOBER THROUGH APRIL) SCHOOLS, PER SEATING CAPACITY New Text Underlined [DELETED TEXT BRACKETED] PER MONTH WATER SEWER 16.64 48.82 19.29 56.20 HOSPITALS, PER BED 10.99 32.31 HOTELS, MOTELS, RESORTS, PER ROOM 8.65 24.94 LAUNDRY, SELF SERVICE, PER MACHINE 15.65 45.31 MARKETS, MEAT 21.30 61.82 OFFICE BUILDINGS WHERE SINGLE BILL IS ASSUMED 18.63 53.39 BY OWNER, PER BUSINESS OFFICE, IN MULTIPLE OFFICE BUILDING WHERE INDIVIDUAL TENANTS ARE BILLED, PER BUSINESS 21.30 61.82 RESTAURANTS, CAFES, LUNCH COUNTERS, FOUNTAINS, 1.20 3.59 TAVERNS AND BARS (WITH KITCHENS) FOR EACH SEAT (NOTE 2) 4.79 14.05 9.32 27.04 9.32 27.04 .56 1.62 Resolution No. 2011 -13 Page 8 of 11 SHOPPING CENTERS (DEPENDS ON STORES INCLUDED IN SHOPPING CENTER, NOTE 1) 9.66 28.10 SHOPS, BEAUTY, PER STATION OR CHAIR 9.66 28.10 SHOPS, MISCELLANEOUS (INCLUDING BARBER SHOPS), 9.66 28.10 PER SHOP SLEEPING ROOM, PER ROOM (WITHOUT FACILITIES FOR 3.67 10.89 HOUSEKEEPING) STUDIOS, PHOTO OR PHOTO LAB SUPERMARKETS (GROCERY STORES) THEATERS: INDOOR, PER SEAT .07 OUTDOOR, PER STALL .07 TAVERNS, LOUNGES, BARS (WITHOUT KITCHENS), PER SEAT X -RAY OR LABORATORY OFFICE 45.59 133.47 109.48 218.92 PER MONTH WATER SEWER 1.14 3.37 27.29 79.38 NOTE 1: ADDITIONAL FOR OTHER FACILITIES SUCH AS RESTAURANT, BEVERAGE DISPENSARY, ETC., ARE AT THE APPLICABLE USE CHARGE FOR EACH FACILITY. NOTE 2: WHEN A RESTAURANT SERVES LIQUOR AND HAS NO SEPARATE BAR, NO ADDITIONAL CHARGE FOR A BAR WILL BE APPLIED. HOWEVER, WHEN A RESTAURANT HAS A SEPARATE BAR, THE BAR STOOLS WILL BE CHARGED AT THE GIVEN RATE.] All non metered, commercial service rates shall be as set forth in the City's schedule of fees adopted by the City Council. [MINIMUM CHARGE:] Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. New Text Underlined; [DELETED TEXT BRACKETED] .19 .19 Resolution No. 2011 -13 Page 9 of 11 [SPECIAL CONDITION:] Where more than one (1) customer is served from the same service line between the City's water main and the customer's premises, the City reserves the exclusive right to determine how the demand charge under this rate schedule shall be applied and apportioned between said customers. Cesspool Pumper Charge• The fee charged for acceptance at the sewer treatment plant of septic material collected within the City of Kenai shall be [THIRTY DOLLARS ($30.00)] flat fee per one hundred (100) gallons as set forth in the City's schedule of fees adopted by the City Council. The gallons delivered shall be as estimated by the sewer treatment plant operator. 3. SCHEDULE C— INDUSTRIAL SERVICE (NON- METERED) [PER MONTH WATER SEWER CONCRETE MIXING PLANT CONCRETE PRODUCTS CONFECTIONER GREENHOUSE, COMMERCIAL ICE CREAM PLANT COLD STORAGE PLANT OR LOCKERS DEMAND CHARGE: NOTE: SCHEDULE B DEMAND CHARGE ALSO APPLIES TO SCHEDULE C SERVICES. 175.69 $512.80 87.85 255.70 58.56 170.00 58.56 170.00 87.85 255.70 41.26 119.42 MINIMUM CHARGE:] All non metered, industrial service rates shall be as set forth in the City's schedule of fees adopted by the City Council. The demand charges for non- metered commercial services also apply to non metered industrial service. Each month's minimum charge is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. 4. SCHEDULE D —FIRE PROTECTION SERVICE There is no charge f(F]or automatic sprinkler systems[: NO CHARGE] [SPECIAL CONDITIONS:] New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2011 -13 Page 10 of 11 (a) Water service under this schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for fire protection only. (b) All fire protection lines, sprinklers, pipes, and valves on private property shall be owned, installed, and maintained by the owner and /or customer. (c) All connections between the City's main and privately owned facilities will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No tap or outlet for use other than fire protection shall be permitted on fire lines or m ains, unless approved by the City. (f) In times of emergency, the right is reserved by the City to turn off any fire hydrant and /or sprinkler system at the discretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly connected with the City sanitary sewers, and no cross connection whatsoever will be permitted between fire protection facilities connected to the City's system and possible sources of contaminated water. 5. SCHEDULE E— METERED SERVICE GENERAL USAGE, PER THOUSAND GALLONS OF WATER HYDRANT USE AND OTHER USE, PER ONE THOUSAND (1,000 GALLONS OF WATER 2.00 MINIMUM MONTHLY CHARGE: ALL USAGE, FIFTEEN THOUSAND (15,000) GALLONS OF WATER GENERAL USAGE $19.95 MINIMUM CHARGE:] Each month's minimum charge for metered service is one full month's service, without proration. The minimum charge is applicable to each service location regardless of whether the service location is occupied or not. The City reserves the right to determine the size, type, and manufacturer of the meter to be installed. Meter and remote reading shall be purchased and installed by owner and inspected by the City. The remote reading unit shall be installed in an area that is readily accessible to the City. Meter repair as necessary, shall be made by the owner within thirty (30) days or by the City with costs billed to the owner. The City New Text Underlined' [DELETED TEXT BRACKETED) [PER MONTH WATER SEWER 1.33 4.00 $60.00 Resolution No. 2011 -13 Page 11 of 11 may allow the amount of water to be used from a hydrant to be determined by tank volume and paid by the metered service rate. [6. SCHEDULE F— PERMIT FEES INSPECTION FEES FOR NEW WATER AND SEWER SERVICE LINE (ONE TIME CHARGE): A. WATER B. SEWER ATTEST: Carol L. Freas, City Clerk Approved by Finance: _Z& 200.00 200.00] 3. This Resolution shall become effective on March 2, 2011. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. PAT PORTER, MAYOR New Text Underlined [DELETED TEXT BRACKETED] KENAI, ALASKA "Village with a Past, C# with a Future FINANCE DEPARTMENT 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 283 -7535 ext 221 FAX: 907 283 -3014 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: January 27, 2011 Re: Resolutions 2011 -09, 2011 -10, 2011 -11, 2011 -12, and 2011 -13. The above Resolutions, in conjunction with Ordinance 2528 -2011, are being presented for your consideration as part of the project to standardize the method by which City fees, charges and licenses are set and amended, and to create a single source for City fees, charges and licenses. This process began with the September 28, 2010 council work session. Step one of the project was completed with the adoption of Ordinance 2520 -2010 on December 1, 2010. Ordinance 2520 -2010 clarified the setting of all fees shall be by the City Manager, unless otherwise provided in the Kenai Municipal Code (KMC) of Ordinances, with approval by the City Council via resolution prior to becoming effective. Ordinance 2520 -2010 also established a City Schedule of Fees, Charges and Licenses. Step two of the project, Ordinance 2528 -2011 and Resolutions 2011 -09 through 2011 -13, is to remove all specific dollar references to fees, charges and licenses within the KMC and replace them with a reference to the City's Schedule of Fees, Charges and Licenses. Ordinance 2528- 2011 will become effective March 2, 2011 if adopted at the February 2 Council Meeting. Similarly the effective date for each of the resolutions has been delayed until March 2, 2011. The third and final step in the project will be presentment of a Resolution to adopt the City's new Schedule of Fess, Charges and Licenses. This resolution will be presented for Council consideration at the February 16 Council meeting. While there will be no change in most fees, minor changes are expected for such things as to accommodate the City's credit card acceptance policy and to adjust fees to reflect actual City costs. The effective date of this resolution will be March 2, 2011 allowing for multiple public hearings at the pleasure of Council.