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Hansz to Council/WS Memo/Request for Waiver201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831 www.kalispelleom REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Cottonwood Estates Request for Waiver of Engineering Standards MEETING DATE: June 15, 2009 BACKGROUND: The City of Kalispell and the Evergreen RSID have reached mutual agreement on the provision of sewer services to development projects outside the service area boundary of the RSID. Service may be provided with City consent and this consent will be given if the new facilities are constructed to City standards. The Cottonwood Estate subdivision lies east of Helena Flats Road just outside the RSID boundary. Carver Engineers, representing the developer (and also the RSID as its engineer) have submitted a sewer system design for the development that does not meet City standards. Evergreen has modified their standards so as to allow this type of system to be installed. City standards do not include this type of system used in this manner. The conventional gravity -style system with centralized pump stations employed by the City is not acceptable to the RSID for use in Cottonwood Estates where high groundwater is present. Carver Engineers has requested a waiver of City standards to allow use of their proposed sewer design for Cottonwood Estates. The RSID would operate and maintain parts of the system. The Public Works staff has carefully reviewed this request. The proposed design is a significant deviation from City standards that we believe places a unwarranted operational burden on the individual homeowner in the development. We believe this is not consistent with the method of operation the City has chosen for its municipal utilities and that it would reflect a lower level of service than it generally provides to the other rate payers. Further, the waiver asks for relief from a requirement specifically established by the City Council, and agreed by Cottonwood Estates, as a condition for providing service to the development because this development infrastructure could potentially become part of the City. As a result, the staff does not recommend approval of this request. ACTION REQUESTED: In order to conclude action on this matter, staff is asking the City Council reject the waiver request. Respectfully y 7�n. s C. Hansz. ebb Director of Publie Work rty Engincer Interim City Manager Attach: Carver Engineering Request Staff correspondence Resolution 5104 Cottonwood Estates Agreement