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Extension of Sewer Service/Lot 6 Block 1 Bernard's ParkR _'VI0,YT 4 X4 August 27, 2010 City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 Roberta Struck, District Manager Flathead County Water and Sewer District #1 - Evergreen 130 Nicholson Drive Kalispell, MT 59901 RE: Extension of Sewer Service to Lot 6 Block 1 of Bernard's Park Dear Ms. Struck: John E. Francis has requested that a letter from the City of Kalispell be forwarded to your office allowing Lot 6, Block 1 of Bernard's Park to receive sewer service from the Flathead County Water and Sewer District #1 — Evergreen. Mr. Francis has complied with city Resolution 5103 and has submitted to the city the required waiver of protest to annexation. The city therefore consents to sewer being extended from your district to service this property. If you have any questions, do not hesitate to contact this office at your earliest convenience. Thank you for your time. Sincerely, Jane Howington City Manager c: John Francis Public Works k Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 (��IIII (IIIIII I'I �IIIIII) I�� I'I �III�I�I III'IIII�I I'IIIIIII �I IIII�II'II Page: 785 i of 2 Fees. $14.00 Paula Robinson, Flathead County MT by NC 8/27/2010 10:28 AM WAIVER OF PROTEST TO ANNEXATION John E. Francis, hereinafter referred to as Petitioner(s), respectfully petition(s) the City of Kalispell for municipal services from the City of Kalispell, such specific service(s) being sewer treatment. The Petitioner(s) requesting City of Kalispell municipal services described herein is/are the fee owner of that real property described as follows: Lot 6 of Block 1 of Bernard's Park, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. EXCEPTING THEREFROM the southerly 150 feet of Lot 6 of Block 1 of said Bernard's Park. In consideration of receiving the above -described municipal services from the City of Kalispell, the Petitioner(s) hereby agree to waive all rights of protest to annexation that the Petitioner(s) may have now, under Title 7, Chapter 2 MCA, or under any future federal, state or local law. Additionally, Petitioner(s) hereby agree to waive all rights to protest the creation of a special improvement district for upgrades to city standards in the area. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. The Petitioner(s) further acknowledge(s) that in the event the subject property is annexed into the City of Kalispell, the subject property shall be entitled to receive certain municipal services from the City and pursuant to MCA 7-6-1601 to 7-6-1604 the City shall have the right to charge impact fees for this new demand upon the City services. 201o00019785 Page: 2 of 2 Fees: $14.00 Paula Robinson, Flathead County MT by NC 8/27/2010 10:28 AM MCA 7-2-473(6) prohibits the city from providing solid waste services to this property for a minimum of 5 years from date of annexation. DATED this day off t,t 2010 e ' Toner/Owner ate Petitioner/Owner Date STATE OF MONTANA ) ):Ss County of Flathead ) On this D& day of , 2010, before me, the undersigned, a Notary Public for the State of Montana, persona y appeared John E. Francis and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. M MICHELLE M ANDERSON "p'*�`�r NOTARY PUBLIC for the 0 * SEAL * State of Montana Residing at Kalispell, MT �0, ��P My Commission Expires October 26, 2011 Notary Public, State of Montana Printed Name Residing at My Commission Expires /0 r0(,-tea / ( RESOLUTION NO.5103 A RESOLUTION ESTABLISHING AN INTERIM 2006 POLICY SETTING FORTH THE TERMS OF USAGE OF THE EVERGREEN SEWER CONVEYANCE SYSTEM BY PROPERTIES OUTLYING THE FLATHEAD COUNTY SEWER. DISTRICT NO. 1 RSID NO. 132. WHEREAS, it is in the best interests of the Flathead County, the City of Kalispell and their citizens and all others living in the Upper Flathead River Basin, that water quality of the shared aquifer be protected by the utilization of municipal sewer whenever reasonably feasible; and WHEREAS, the City of Kalispell and ,fathead County entered into an interlocal agreement on July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen sewer conveyance system of Flathead County Sewer District No. 1 [Evergreen] to convey its sewage to the Kalispell City Wastewater Treatment Plant [WWTP] for treatment; and WHEREAS, the terms of the above -described interlocal agreement established the upper limits of sewage flow that Evergreen is allowed to convey to the Kalispell WWTP from within its RSID and further provides that any properties outside of the Evergreen RSID boundaries wishing to utilize the Evergreen conveyance system must first obtain permission to do so from the City of Kalispell; and WHEREAS, various property owners outlying the Evergreen RSID boundaries but within 500 feet of the Evergreen sewage conveyance system are requesting municipal sewer services for urban density development. These property owners are restricted by the State of Montana from such urban density development without municipal sewer service, unless such service is denied to them, and. WHEREAS, the City of Kalispell is currently conducting a facility plan study in tills geographical area for the purpose of determining the best design for providing utilities to the area and will have such study available for planning before the end of the calendar year; and WHEREAS, the City of Kalispell wishes to reasonably provide a policy and plan for providing municipal sewer service for the above -described demand for the interim period until such future facility and extension of services plan is completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITE' OF KALISPELL AS FOLLOWS: SECTION 1. It shall be the policy of the City of Kalispell that it approve the usage of up to a total of 100,000 gallons of sewage per day conveyed through the Evergreen sewage conveyance system from properties located outside of the Evergreen RSID with such sewer service provided to those properties in which the owner agrees to 1) construct the sewer infrastructure in compliance with City and Evergreen standards and with necessary stub - out facilities to meet future connection requirements; and 2) execute waivers of right to protest annexation for all parcels; and ;) enter into a developer's agreement with the City of Kalispell in which the parties agree that the subdivision shall be developed to City of Kalispell Urban Construction and Design Standards. This sewer service is further conditioned upon the City of Kalispell and Evergreen entering into an agreement stipulating that in the event that the City of Kalispell ever serves the subdivision with a separate sewer conveyance system, thereby severing from the Evergreen sewer conveyance system, the ownership of lines within the subdivision shall be conveyed to the City. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 271" DAY OF MARCH, 2006. ATTEST: Theresa White City Clerk City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7000 Fax - (406)758-7758 July 10, 2007 President and Board Members Flathead County Water and Sewer District # 1 130 Nicholson Drive Kalispell, MT 59901 RE: Financial Participation in Kalispell Waste Water Treatment Plant Dear Board Members, Thank you for your inquiry of June 15, 2007, concerning purchasing additional capacity in the City of Kalispell's waste water treatment facility. City Council reviewed and discussed your proposal at the July 9' Council work session. Council asked me to convey their appreciation for your level of cooperation in the common goal of serving the residents of this valley. However, although no formal action could be taken at the work session, the City Council was unanimous in its conclusions that your proposal does not serve the best interests of the citizens of Kalispell and that our common goal of providing municipal sewer services to the valley residents will be better met and managed through the approach already agreed to in the interlocal agreement. Council felt that the current interlocal agreement adequately addresses the delivery of service outside the RSID and requires those agreements to be approved by City Council and the customer served would be customers of the City. The City has authorized an additional 100,000 gallons to flow through your collection system to the Kalispell treatment facility. Your fiscal contribution to the upgrade of the plant to further protect the aquifer would be appreciated at any time. Council asked that I continue with our efforts to bring an agreement to them that specifically deals with the necessary details of a cooperative arrangement to provide sewer services to Trumble Creek Crossing, Phase I, Cottonwood Estates, and Bernard's Park. They expressed a concern that these developers have justifiably relied upon the actions of the City and the Board and that further delays will be to the detriment of these landowners. Council believes that sewer service should be made immediately available to these landowners, as promised, and the City and the Board must abide by their existing agreement and resolutions. Council also realizes that there will be more than these three developments that will or are currently seeking sewer services. Council would like to continue discussions on an interlocal amendment that would address the service delivery to these new subdivisions. I look forward to our continuing discussions and a successful conclusion to this present issue. Sincerely yours, 5arnes H. Patrick City Manager City of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 Telephone (400) 758-7701 Fax - (400) 758-7758 January 5, 2009 Roberta Struck District Manager Flathead County Water & Sewer District #1-Evergreen 130 Nicholson Drive Kalispell, MT 59901 Re: Request to Purchase Additional Wastewater Treatment Capacity Dear Ms. Struck: This is in response to your letter dated December 24, 2008, subject as above. At the present time your district is using only 67% of the treatment capacity allowed under the agreement between the city and your district. When your use reaches 80% or more we will be g to discuss the purchase of more treatment capacity for your district. Sincerely, Myrt W. Webb, Jr Interim City Manager Water & Sewer Dist i �ty�V Ict �s ►� COO, 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 • Fax: (406) 756-1588 December 24, 2008 City of Kalispell Attn: Myrt Webb, Interim City Manager P.O. Box 1997 Kalispell, MT 59903-1997 Re: Request to Purchase Additional Wastewater Treatment Capacity Dear Mr. Webb: The Board of Directors of Flathead County Water & Sewer District #1 - Evergreen (District) at its regularly scheduled meeting of December 17, 2008, authorized me to formally notify you that the District remains interested in the immediate purchase of additional wastewater treatment capacity from the City of Kalispell at the Kalispell Wastewater Treatment Plant. The District has a reserve fund for the express purpose of securing additional wastewater treatment capacity, and is prepared to pay the City of Kalispell the sum of Five Hundred Thousand and 00/100 Dollars ($500,000.00) at this time. I trust you will review this letter with the Mayor and City Council. I will await your reply. Sincerely, �;)CP41JL L---, Roberta Struck District Manager L AI ,z 'a. City of Kalispell Post Office Box 1997 - Kalispell, Montana 5990.3-1997 - Telephone (406)758-7000 Fax - (406)758-7758 July 10, 2007 President and Board Members Flathead County Water and Sewer District # 1 130 Nicholson Drive Kalispell, MT 59901 RE: Financial Participation in Kalispell Waste Water Treatment Plant Dear Board Members, Thank you for your inquiry of June 15, 2007, concerning purchasing additional capacity in the City of Kalispell's waste water treatment facility. City Council reviewed and discussed your proposal at the July 9' Council work session. Council asked me to convey their appreciation for your level of cooperation in the common goal of serving the residents of this valley. However, although no formal action could be taken at the work session, the City Council was unanimous in its conclusions that your proposal does not serve the best interests of the citizens of Kalispell and that our common goal of providing municipal sewer services to the valley residents will be better met and managed through the approach already agreed to in the interlocal agreement. Council felt that the current interlocal agreement adequately addresses the delivery of service outside the RSID and requires those agreements to be approved by City Council and the customer served would be customers of the City. The City has authorized an additional 100,000 gallons to flow through your collection system to the Kalispell treatment facility. Your fiscal contribution to the upgrade of the plant to further protect the aquifer would be appreciated at any time. Council asked that I continue with our efforts to bring an agreement to them that specifically deals with the necessary details of a cooperative arrangement to provide sewer services to Trumble Creek Crossing, Phase I, Cottonwood Estates, and Bernard's Park. They expressed a concern that these developers have justifiably relied upon the actions of the City and the Board and that further delays will be to the detriment of these landowners. Council believes that sewer service should be made immediately available to these landowners, as promised, and the City and the Board must abide by their existing agreement and resolutions. Council also realizes that there will be more than these three developments that will or are currently seeking sewer services. Council would like to continue discussions on an interlocal amendment that would address the service delivery to these new subdivisions. I look forward to our continuing discussions and a successful conclusion to this present issue. Sincerely yours, ames H. Patrick City Manager Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Request by Flathead County Water and Sewer District #1 — Evergreen to Purchase an Additional 100,000 gallons of Sewer Treatment Capacity MEETING DATE: Monday, July 9, 2007 — Work Session BACKGROUND: Since the time that the Kalispell City Council and the Evergreen Sewer District agreed that 100,000 gallons of daily sewer treatment capacity could be provided to Trumbull Creek Crossing — Phase I, Cottonwood Estates and Bernard's Park, discussions have taken place between the entities on the details of how this would be accomplished. Up to this point the understanding had been that this treatment gallonage would not be counted against the contractual daily treatment capacity of 682,000 gallons allocated to the Evergreen District. The Evergreen District is now proposing that the City agree to allow the District to purchase an additional daily treatment capacity of 100,000 gallons and thereby service the above described subdivisions. The District is further offering to enter into an agreement with the City in which it will provide additional funds to be used for the expansion of the City's Wastewater Treatment facility for further allocation of treatment capacity. This offer letter from the District, as well as the minutes of their board meeting, is provided with this packet for Council's consideration. Staff will spend time discussing the history of the interlocal agreement with Council as well as options that are available Respectfully submitted, Charles ar ll, City Attorney mes H. Patrick, City Manager ' ater & Sewer Drs I t ct �G 130 Nicholson Drive • Kalispell, MT 59901 �r �. Phone: (4061 257-5861 • Fax: (4061 756-1588 Lo June 15, 2007 (o Jim Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Dear Mr. Patrick: At the June 13'h meeting of the District's board of directors, the board voted to decline entering into an alternate type of arrangement with the City, such as the proposed second interlocal agreement. In the mutual interest of serving areas outside of the existing interlocal agreement boundary, the District is prepared to immediately purchase an additional 100,000 gpd capacity. The District is therefore requesting to increase the current capacity of 692,000 gpd to 782,00,000 gpd for use outside of the interlocal agreement boundary, which would include capacity for the pending projects such as Cottonwood Estates, Trumbull Creek Crossing Phase I, and Bernard's Park. As you know from your attendance at a special meeting of the board of directors, the District is also interested in participating financially in the expansion of the Kalispell Wastewater Treatment Plant in exchange for receiving additional treatment capacity. The Board believes this could be beneficial to both the City and the District and enhance the ability of both entities to better serve valley residents and protect the quality of water in the Flathead Valley. The District's Board of Directors thanks you for your consideration of these issues and awaits your response as to the request to purchase additional capacity. Sincerely, A, —0"L -- Roberta Struck District Manager Regular Meeting June 13, 2007 Members Present: Jack Fallon, BJ Lupton, Pain Holmquist, Geoff Hughes, Kerry Finley, Butch Clark, Jack Barrett, and Manager Roberta Struck Also Present: Bill Astle, Andy Hyde, Wally Wilkinson Jack Fallon called the meeting to order at 7:06 a.m. and welcomed the public in attendance. Jack Barrett moved to approve the minutes of the regular meeting held May 9, 2007 as distributed Butch made the second and the motion passed unanimously. BJ moved to approve the minutes of the special meeting held May 16, 2007 with the addition of showing Charlie in attendance. Jack Barrett made the second and the motion passed unanimously. T'L. Board reviewed the manager's report. BJmoved to accept the manager's report. Geoff de the second and the motion passed unanimously. Pam suggested that agenda items 6, 7, and 8 are related. She believes that after the meetings we have had we don't need to enter into any additional agreements with the City and we need to let the feasibility study run its course. She thinks we are micro -managing what we have hired Carver to do in the feasibility study and we should just sit back and let the feasibility take its course. Andy said the request to the city for additional capacity in exchange for the District's financial participation in the expansion of the treatment plant is a good idea. Butch feels it isn't fair to Wally and other developers that we keep putting this issue on the back burner. The board reviewed a draft of a letter to the city requesting additional capacity in exchange for the District's financial participation in the treatment of the Kalispell Wastewater Treatment Plant. The letter will be sent to the City. The Board reviewed a copy of a letter from the City of Kalispell to Wally Wilkinson pertaining to Regular Board Meeting June 13, 2007 Pagel of 3 Cottonwood Estates. The board reviewed the revised draft of the proposed interlocaI agreement with the City of Kalispell. This revision of the agreement drafted by Jack Fallon is dated June 12 and has revisions discussed at the May 16, 2007 special meeting. A copy of this draft is included with these minutes. After lengthy discussion, Jack Fallon said he believes at this time we should not enter into another agreement with the City. Pam agreed. Butch said the issue is whether areas outside of the RSID are District customers or city customers. Jack Fallon said the board should decide whether to table discussion of the interlocal agreement, wait until we see the results of the feasibility study, or agree to enter into another agreement with the city. Jack Barrett made the second. After lengthy discussion, the motion passed with Kerry, Pam, Geoff, BJ, and Jack Barrett voting in favor and Butch opposed, Two letters will be drafted to the city. One will address revisiting the proposed agreement again once the feasibility study is completed. The letter already approved above will include mention of purchasing additional capacity. The board reviewed the capital improvement list. Butch asked about the containment basin south of liftstation 19. Andy said Max Lauder of the DEQ said to undertake this project as a landscaping project. Jack Fallon suggested a resolution addressing the purpose of the capital improvement project list. Roberta will work on a resolution addressing the capital improvement project list and provide an updated draft of a capital improvement project list and provide these for either the July or August meeting. Andy reported on progress on the feasibility study. The board reviewed Roberta's recommendations for employee's wages and benefits. j , /. / :" / ' r + / r:. , r . ! 1 i / •' ' J '. /. - r /' + `.. J r t.. r ,. .. / J "' i ! , r:. r J; BJ moved to increase the on call pay to $17 001day and Joe's stipend for on call to $180.001month. Geoff made the second and the motion passed unanimously. Regular Board Meeting June 13, 2007 Page 2 of 3 Butch moved to add vacation accrualfor 2S or moreyears to 27 days. Geoff made the second and the motion passed unanimously. Jack Barrett moved to approve spending $3,500 to purchase a compactor. Kerry made the second and the motion passed unanimously. Kerry stated on behalf of the oversight committee, she reviewed the material provided by Roberta and everything was in order. Kerry moved to approve checks andfinancial statements. Pam made the second and the motion passed unanimously. The board agreed to change the regular meeting date for the July meeting from July I I to July 18 so Roberta will have time to prepare for the meeting when she returns from vacation. Bill suggested that a resolution should be adopted to authorize the request to the city to purchase 100,000 gpd additional capacity. BJ moved to adopt a resolution to request the City increase our capacityfrom 682,000 gpd 782,00,000 gpd for use outside of the interlocal agreement boundary which wotudId inclu capacityfor specifted projects, Le� Cottonwood Estates, TrumbuU Creek CrossingPhaseIa Bernard's Park. Geoff made the second. The motion passed with Butch abstaining, and Ja Barrett, Geoff, Kerry, BJ, and Pam voting in favor. �I Submitted by Signed by. Regular Board Meeting June 13, 2007 Page 3 of 3 CITY OF + CITY COUNCIL SPECIAL MEETING AGENDA MARCH II II P.M. COUNCIL` s HALL B. PUBLIC COMMENT Persons wishing to address the Council on any issue, including Agenda items, are asked to do so at this time. Those addressing the Council are requested to give their name and address for the record. (Comments shall be limited to three minutes) Resolution 5103 — Interim Policy — Evergreen Sewer Service This resolution establishes an interim policy setting the terms for using the Evergreen sewer system by properties located outside the RSID 1.32. 2. Resolution 5104 — Evergreen Sewer and Water Connection — Cottonwood Estates Resolution 5104 authorizes Cottonwood Estates to connect to the Evergreen Sewer District pending several conditions. 3. Resolution 51.05 — Evergreen Sewer and Water Connection — Bernard's Park Subdivision — Resolution 5105 authorizes Lots 3 and portions of Lot 4, 5, and 6 of Bernard's Park Subdivision to connect to the Evergreen Sewer District pending several conditions. [Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting. Please notify Theresa White, City Clerk at 758-7756. 4 City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 MEMORANDUM March 23, 2006 To: Mayor and City Council From: City Council Member Bob Herron Evergreen Sewer and Water District provides water to a good portion of Ward 2 in the City of Kalispell. How is that any different than us having an interlocal agreement to provide sewer treatment for them? The fact is that our biological treatment plant would never have been built and have the capacity that it has if it had not been for a cooperative effort between the city and the county. And that cooperation was mandated by the EPA in order for the money to be granted to both the city and the county. The 201 Facilities Study, and the amendment to the study that were done in the 80's, identified the need to upgrade Kalispell's plant and actually build a new one and also identified the need to protect the Evergreen aquifer. Because of the cooperation between the city and the county our plant was upsized to accommodate the needs identified in the 201 facilities plan, and that plan identified the area known as Evergreen in the facilities plan. The EPA gave a grant to Evergreen for a collection system and told them they didn't get a plant, the EPA gave a grant to Kalispell for our plant and told us to service the area identified in the 201 Study (which includes Evergreen). Everyone living in the Flathead Valley is responsible for the water quality of this valley and Flathead Lake. We have the treatment plant and we need to do the right thing. Bob Herron Ward 2 == City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: James H. Patrick, City Manager SUBJECT: Cottonwood Estates Request for Sewage Treatment Meeting Date: March 27, 2006 Background: At the December 5, 2005 Council Work Session, Council asked Staff to work with the Cottonwood Estates Developers to investigate the extension of City services to their development. At the time the developer thought that there was a County Water and Sewer District #1 sewer line available to them across Helena Flats Road from the entrance to their subdivision. However, this has been reported to be a 4 inch gray water line that is at or near capacity. The developers have therefore expressed a willingness to form an annexation district, design to City standards and contribute a significant amount to a Kalispell City sewer main. At the March 20, 2006 Council meeting, approved awarding a contract to Morrison and Maierle/HDR to update the City of Kalispell facilities plan. The emphasis will be placed on evaluating the Cottonwood/Kelsey area northeast of the City since there seems to be interest in City services. This part of the study will take several months and it will determine the most cost effective way of providing services to areas such as Cottonwood. This will also determine potential adjacent areas that may need services in the near future and projects the size of the line and upgrades to existing systems. In other words, the consultant will provide costs, recommended sizing and location of infrastructure, and potential customers — a plan. Council's desire to try and assist the developers must consider the following: (1) Currently there is no good idea of how to physically do it right and insure that resources are being committed prudently. (2) The TMDL issue is in a state of flux and has the potential of creating a significant impact on the City. We can't give away TMDL to unincorporated areas and limit the City's ability to grow in the future. (3) In the view of the Flathead County Water and Sewer District Attorney, Kelsey does not set precedence since it is part in and out of the RSID. Cottonwood does set precedence and in fact I have received two calls since last Monday night asking for "me too." (4) Why is this a crisis? While it is important for the City to help protect the aquifer that provides us water, we can not react to lack of planning by the County or developers. The lack of planning at their level should not constitute a crisis on ours. City Staff and I have discussed with you the cost of service issues for developments inside and outside the City limits. At the Council retreat Council was given further information showing the financial impact on the City by having urban development at our borders. We discussed the need to require annexation as a prerequisite to extending sewer and/or water services to a development. We also discussed that in some cases it may be more feasible, in the near term, to require an annexation district so that we could start capturing some tax dollars to help defray the cost of future service delivery and thereby have new development pay for itself. Another unknown factor is the TMDL issue. We should not allow our waste water utility to be extended to areas outside the City unless there is a tax base to benefit the City. At the March 6, 2006 work session, Council was given a memo with the following Staff recommendations: (1) To proceed with the facilities plan update and (2) Should Council decide on extending services to Cottonwood; direct Staff to continue to work with Cottonwood developers and other interested parties to finalize an extension agreement, and begin work on an annexation district. Our recommendation has not changed. Council may elect to give Cottonwood .a clear message that it is the City's intent to provide services. The facilities update will address water and sewer services to this area and is necessary to complete before a decision is made as to how to provide services in the most cost effective manner. The consultant will provide options, costs and recommendations to Council in about six months. At the Council retreat the conscience was to plan growth based on best available information. Should Council decide to provide services to Cottonwood and other developers in the northeast area of the City it should be done in a systematic planned method using engineering studies developed by our consultants. Respectfully submitted, James H. Patrick City Manager k1i OWN an I LIMBOt ; WHEREAS, it is in the best interests of the Flathead County, the City of Kalispell and their citizens and all others living in the Upper Flathead River Basin, that water quality of the shared aquifer be protected by the utilization of municipal sewer whenever reasonably feasible; and WHEREAS, the City of Kalispell and Flathead County entered into an interlocal agreement on July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen sewer conveyance system of Flathead County Sewer District No. l [Evergreen] to convey its sewage to the Kalispell City Wastewater Treatment Plant [WWTP] for treatment; and WHEREAS, the terms of the above -described interlocal agreement established the upper limits of sewage flow that Evergreen is allowed to convey to the Kalispell WWTP from within its RSID and further provides that any properties outside of the Evergreen RSID boundaries wishing to utilize the Evergreen conveyance system must first obtain permission to do so from the City of Kalispell; and WHEREAS, various property owners outlying the Evergreen RSID boundaries but within 500 feet of the Evergreen sewage conveyance system are requesting municipal sewer services for urban density development. These property owners are restricted by the State of Montana from such urban density development without municipal sewer service, unless such service is denied to them; and. WHEREAS, the City of Kalispell is currently conducting a facility plan study in this geographical area for the purpose of determining the best design for providing utilities to the area and will have such study available for planning before the end of the calendar year; and WHEREAS, the City of Kalispell wishes to reasonably provide a policy and plan for providing municipal sewer service for the above -described demand for the interim period until such future facility and extension of services plan is completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. It shall be the policy of the City of Kalispell that it approve the usage of up to a total of 150,000 gallons of sewage per day conveyed through the Evergreen sewage conveyance system from properties located outside of the Evergreen RSID with such sewer service provided to those properties in which the owner agrees to 1) construct the sewer infrastructure in compliance with City and Evergreen standards and with necessary stub - out facilities to meet future connection requirements; and 2) execute waivers of right to protest annexation for all parcels; and 3) enter into a developer's agreement with the City of Kalispell in which the parties agree that the subdivision shall be developed to City of Kalispell Urban Construction and Design Standards, and to further agree, if required by the City Council, to enter into an annexation district agreement. This sewer service is further conditioned upon the City of Kalispell and Evergreen entering into an agreement stipulating that in the event that the City of Kalispell ever serves the subdivision with a separate sewer conveyance system, thereby severing from the Evergreen sewer conveyance system, the ownership of lines within the subdivision shall be conveyed to the City. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 271h DAY OF MARCH, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk F.1191 flu Mi ! r, WHEREAS, Cottonwood Estates, LLC owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described in Exhibit "A", attached hereto and fully incorporated herein by this reference, and hereafter referred to as "Cottonwood Estates", seeks to develop said property to an urban density and therefore desires the services of a municipal sewer; and WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell and the Flathead County Sewer District No. 1, Cottonwood Estates has made its request to the City of Kalispell for permission to connect to the Evergreen sewer conveyance system; and WHEREAS, Cottonwood Estates is located wholly outside the city limits of Kalispell and wholly outside the Evergreen Sewer RSID boundaries but within such proximity to the Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen sewer conveyance system; and WHEREAS, by Resolution No. 5103 the City established an interim policy approving the usage of the Evergreen sewer conveyance lines for properties outlying the Evergreen RSID, such as Cottonwood Estates, so long as such usage does not increase tl gallons. e total daily flow used by all such properties to more than 150,000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The Kalispell City Manager is authorized to give the City's permission to Cottonwood Estates to connect to the Evergreen Sewer District so long as the following conditions are met: 1. The sewer gallon flow requirements of the subdivision must not increase the total daily flow through the Evergreen sewer conveyance system used by all properties outlying the Evergreen RSID to more that 150,000 gallons per day; and 2. The landowner must agree to construct the sewer infrastructure in compliance with City and Evergreen standards and with necessary stub - out facilities to meet fixture connection requirements; and 3. The landowner must execute waivers of right to protest annexation for all parcels; and 4. The landowner must enter into a developer's agreement with the City of Kalispell in which the parties agree that the subdivision shall be developed to City of Kalispell Urban Construction and Design Standards, and to further agree, if required by the City Council, to enter into an annexation district agreement; 5. City of Kalispell and Evergreen must enter into an agreement stipulating that in the event that the City of Kalispell ever serves the subdivision with a separate sewer conveyance system, thereby severing from the Evergreen sewer conveyance system, the ownership of lines within the subdivision shall be conveyed to the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 271h DAY OF MARCH, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk UT, I ITST A4 1` 250 SECOND ST. EAST WHITEFISH, MT. 59937 406-263-1225 March 15, 2006 James Patrick Q�RM242Z81II1f 6<90I P.O. Box 1997 Kalispell, MT 59903 =71kroll"VII11I mfia= - � Cottonwood Estates LLC would like to formally request consideration of a Resolution at the next available City Council meeting to allow Cottonwood Estates to utilize the Kalispell Waste Water Treatment Plant for sewage treatment purposes as per the Interlocal agreenient between the City of Kalispell and Flathead County Water and Sewer District No. I — Evergreen. This Interlocal Agreement, dated July 25, 1990, allows the Evergreen Sewer District to ask the City of Kalispell for additional capacity above and beyond the allocation designated for the RSID (The subject property is adjacent to the boundary of the RSID, but not within the District). Transmission of the sewage will be utilizing the Evergreen lines, with treatment by the Kalispell Wastewater plant. Cottonwood Estates LLC proposes to install a new sewer main along Helena Flats Road (beginning in front of Cottonwood Estates) and continuing to the intersection of Highway 35, where they can connect to mains capable of delivering the necessary volume of sewage down to the treatment facility. Cottonwood Estates subdivision will remain within Flathead County jurisdiction. It will be built to a County Urban Standard, complete with curb, gutter and sidewalks. Residents of this subdivision will expect to receive County services, which include Evergreen Volunteer Fire Department and the Flathead County Sheriffs Department. Upon construction, upgrade and extension of Evergreen's Sewer transmission lines, said lines will become the property of the Evergreen Sewer District and maintenance of these lines will become their responsibility. Construction of extensions, upgrades and possible lift stations will all be coordinated with the Sewer District's engineer and the Kalispell Public Works Department. New construction will be built to specifications desirable by both the City and the Sewer District. Please see attached Resolution number 2005-03 from the Flathead County ater and Sewer District No. I — Evergreen to clarify ownership of said sewer lines should the City of Kalispell ever extend their sewer line to the proposed Cottonwood Estates Subdivision. Please feel free to call should you have any additional concerns or questions regarding this request. We appreciate your consideration of this request and the lengths to which the City Council has taken to resolve this complex issue. Cc: Evergreen Sewer and Water District, Roberta Struck Honorable Mayor Pam Kennedy City of Kalispell City Council Members �jater &Sewer Distr . o�x�CY I �r #,1 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 • Fax: (406) 756-158E3_ RESOLUTION 2005-03 BE IT RESOLVED by the Flathead County Water & Sewer District No. 1 — Evergreen of Flathead County, Montana on this 28th day of September, 2005 as follows: The District will transfer ownership of sewer lines that are within a subdivision located outside the boundary of the Interlocal Agreement with the City of Kalispell, to the City of Kalispell, upon a written request from the City of Kalispell, provided that, at the time of the request, the City of Kalispell has extended, to said subdivision, sewer conveyance lines which are connected to the Kalispell Wastewater Treatment Plant. Flathead County Water & Sewer District #1 —Evergreen Board of Directors B i ohn T. Fallon Acting Board President > Attest:(��L�_74L­ Roberta Struc� District Manager _ o] W11 V USX, a il rej# RESOLUTION PROVISION OF MUNICIPAL SERVICESi LOTS 3 AND PORTIONS OF t, , OF , SUBDIVISION. WHEREAS, Gerard Gilbert owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described as Lots 3 and portions of Lots 4, 5 and 6 of Bernard's Park subdivision, according to the map or plat thereof of record in the Office of the Clerk and Recorder, Flathead County, Montana, and hereafter referred to as "Bernard's Park", seeks to develop said property to an urban density and therefore desires the services of a municipal sewer; and N1,THEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell and the Flathead County Sewer District No. 1, Gerard Gilbert has made his request to the City of Kalispell for permission to connect Bernard's Park to the Evergreen sewer conveyance system; and WHEREAS, Bernard's Park is located wholly outside the city limits of Kalispell and wholly outside the Evergreen Sewer RSID boundaries but within such proximity to the Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen sewer conveyance system; and WHEREAS, by Resolution No. 5103 the City established an interim policy approving the usage of the Evergreen sewer conveyance lines for properties outlying the Evergreen RSID, such as Bemard's, so long as such usage does not increase the total daily flow used by all such properties to more than 1.50,000 gallons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The Kalispell City Manager is authorized to give the City's permission to Bernard's Park to connect to the Evergreen Sewer District so long as the following conditions are met: I. The sewer gallon flow requirements of the subdivision must not increase the total daily flow through the Evergreen sewer conveyance system used by all properties outlying the Evergreen RSID to more that 150,000 gallons per day; and 2. The landowner must agree to construct the sewer infrastructure in compliance with City and Evergreen standards and with necessary stub - out facilities to meet future connection requirements; and 3. The landowner must execute waivers of right to protest annexation for all parcels; and 4. The landowner must enter into a developer's agreement with the City of Kalispell in which the parties agree that the subdivision shall be developed to City of Kalispell Urban Construction and Design Standards, and to further agree, if required by the City Council, to enter into an annexation district agreement; 5. City of Kalispell and Evergreen must enter into an agreement stipulating that in the event that the City of Kalispell ever serves the subdivision with a separate sewer conveyance system, thereby severing from the Evergreen sewer conveyance system, the ownership of lines within the subdivision shall be conveyed to the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 27" DAY OF MARCH, 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk .water & Sewer -Dist Dst r,ct 130 Nicholson Drive • Kalispell. MT 59901 Phone: 1406) 257-5861 Fax: (406) 756-1588 April 7, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 Re: Lot 3 and a portion of Lots 4, 5, and 6 of Bernard's Park Subdivision Dear Mr. Patrick: This letter acknowledges receipt of a copy of your letter, dated March 24, 2005, to Mr. Steve Middlesworth (copy attached). The subject property is located outside the boundaries of the Interlocal Agreement, which coincides with the boundary of Flathead County RSID #132. Flathead County Water & Sewer District #1 --Evergreen (District) is prohibited, under the Interlocal Agreement with the City of Kalispell, from using its reserved treatment capacity, for property outside of the RSID boundary. Historically, by agreement with the City of Kalispell, the properties located outside the boundaries of the Interlocal Agreement that are presently served by the District's sewer service are not considered part of the treatment capacity reserved to the District, but rather under the general reserve capacity of the City of Kalispell. The District is aware of the concerns of the City and its Council that it is not acceptable to continue allowing the District to serve properties outside the boundaries of the Interlocal Agreement as customers of the District, but using the City of Kalispell's reserved capacity. In the interest of general health considerations, the District is prepared to serve properties outside the Interlocal Agreement/RSID boundary, by express agreement with the City of Kalispell that the property served would be under additional treatment capacity granted to the District by the City of Kalispell. I trust if you have any questions, you will not hesitate to give me a call. Sincerely, 44r- Roberta Struck _* District Manager RS/tbs cc: Steve Middlesworth City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (446)758-7000 Fax - (406)758-7758 March 24, 2005 Mr. Steve Middlesworth NoDoubt Land Company/Gerald Gilbert PO Box 10962 1075 N. Meridian Rd Kalispell, MT 59904 RE: Lot 3 and a portion of Lots 4, 5, and 6 Bernard's Park Subdivision Dear Mr. Middlesworth, We have reviewed your request to allow Evergreen Water and Sewer District to serve these lots using Evergreen sewer capacity and hereby approve your request. If I can be of further assistance, please do not hesitate to contact me. Sincerely, ames H. Patrick City Manager cc.: Evergreen Sewer and Water District 2/25/05 To: Jin?_Patrjpk ,City Manager, City of,Kaljspell_ From: Steve N iddlesworth -- NoDoubt Land Company/Gerald Gilbert RE: Lot 3 and aportion of Lots 4, 5 and 6 Bernard's Park subdivision Gerald Gilbert is a client of mine and is an absentee owner of the above mentioned property. This property is an island in the Evergreen Water and Sewer District. (See attached map). In a recent conversation with Evergreen Sewer and Water, Mr. Gilbert was told they would be willing to extend service to these lots, using their capacity. However, they say they needed authorization from the City of K4hgwll to. do so, Therefore, consider this a formal request for such authorization. If this needs to he.an agendaitem for therra#y council ,please let me know and.1 will. appear on.Mr_ Gilbert's behalf. You can respond to us as follows: Steve Middlesworth, Broker NoDoubt Land Company PD Box 10962 Kalispell, MT 59904 Cell phanc (400) 253-8886 Gerald Gilbert 29505 Dream Way Huson,.MT 59846 Phone (406) 626-0066 Sincerely, Steve Middiesworth P.O. Box 10962 (HALING ADDRESS) Street Address: 1075 North Meridian Road Kalispell, MT 59904 Office: 406-257-6638, Fax: 406-257-7456 Toll Free: 1-866-410-6638 Email: nodoubtc- rnontanaskv.us 1 1 THIS AAP IS PREPARED ONLY FOR THE ADMINISTRATIVE USE OF FLATHEAD COUNTY AND REPRESENTATION OF THE LOCATION OR EXISTENCE OF TRACTS OF RECORD, THEIR 6 OJMUN ciE� r r t ee 12A 8Lc # 3 2 1 e` i 2e T LOT tS so 9 r 2 i LOT 4 7 Ast � � a& 3 r a9 L T. 3 1f1 'm V t MS PARR ! to 6rFB t 3CB s�(eo PER, r 2Q gas 1e THIS SKETCH IS FURNISHED F F ;mac t, z .��'f INFORMATION PURPOSE ! t �f PROPERTy,�.ATdnA, ,A, ,ONLYi Q ASSISfi !N MARCHA SPE CIAL MEETING [11 OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 tip IN THE COUNCIL4 KALISPELLMONTANA. MAYOR PAMELA B. 1PRESIDED. MEMBERS ..I GABRIEL, BOB HAFFERMAN, BOB HERRON, PRESENT. Also present: City Manager James Patrick, City Attorney Charles Harball, City Clerk Theresa White, Public Works Director Jim Hansz, Parks and Recreation Director Mike Baker, Senior Planner Sean Conrad, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. Darla Harmon, 32 Willow Drive, Evergreen, read a letter from Greg Barkus in favor of sewer service in Evergreen. (Letter is attached hereto and made a part hereof). She also stated she is the president of Evergreen Community Partners and said her group feels Cottonwood has a good plan for a quality subdivision which will. include a bike path. Harmon said they would like to see the City cooperate with the County. Eric Mulcahy, Sands Surveying, stated he has been working with Cottonwood Estates on what he feels will be a quality development. He said the only obstacle left is sewer service and asked that Resolution 5103 be approved. Henry Oldenberg, PO Box 2, Kalispell, spoke in favor of preserving the 300 foot limit for casinos. He also spoke against the airport affected zone because he is concerned with the possibility of micro jets flying into the airport and residents not having any recourse. Oldenberg stated if this is the case, this is a serious taking issue with other people's properties. Mark Lalum, 615 Country Way, spoke in support of the sewer resolutions, stating cooperation between the City and the County is very important. He said the sewer issue is not going to go away and he thanked the City for taking the .first step forward. Steve Middlesworth, 153 Wedgewood Lane, realtor, stated he represents Gerald Gilbert and Bernard's Park. He explained that even though the property is surrounded by the RS1D on all four sides, he cannot hook up to sewer. He said Gilbert is just looking for service for four lots and the property will have to remain undeveloped if he can't get the service. Kalispell City Council Special Meeting Minutes (Evergreen) March 27, 2006 Page l Flathead County Commissioner Gary Hall, 1227 2nd Avenue West, Columbia Falls, spoke in favor of the sewer extension to Cottonwood and Bernard's Park. He said the interim policy makes good sense and is a good solution until a long term solution can be found. Hall also commented that Herron's memo made a good point; the EPA grant was for a wastewater treatment plant for the City and County, not just the City. Joanne Nieman, 735 4th Avenue East, said she doesn't object to the Hilton hotel, but she does object to another casino in the area. Doug Siderius, 737 Egan Road, thanked those who spoke in favor of sewer service and thanked the Council for their consideration for Cottonwood Estates. 1131 11 11411111 i 4 L. This resolution establishes an interim policy setting the terms for using the Evergreen sewer system by properties located outside the Evergreen RSID 132. Herron moved Resolution 5103, a resolution establishing an interim 2006 policy setting forth the terms of usage of the Evergreen Sewer conveyance system by properties outlying the Flathead County Sewer District No. 1 RSID No. 132. The motion was seconded. Patrick gave a staff report and stated the concern is that we are rushing into this, adding it's premature to decide on a plan of action without first seeing the facilities plan update. Herron: stated he does not believe we are rushing anything because we have been dealing with this issue since he has been on the Council. He said this is the right thing for the community and we have to cooperate with our neighbors because the aquifer is very important to the valley. Herron said like it or not, Evergreen is our neighbor and they are still willing to put money into the upgrade of the treatment plant right now. Olson said he's concerned that 150,000 gallons a day is too much and suggested Iimiting the amount to those subdivisions that want to hook up right now and asked if we know what that amount is. Herron answered the best conservative guess is that Kelsey and Cottonwood combined will use approximately 50-55,000 gallons a day. Atkinson stated when the treatment plant was built, Evergreen came to the Council and convinced the members that they had to have sewer service. He said Evergreen agreed to annexation,, and then sued when annexation was attempted. Atkinson said City residents are paying for the upgrade of the sewer treatment plant, not Evergreen, and asked why the taxpayers should pay to extend City sewer when the City will receive no benefit from it. Atkinson said we have a responsibility to the citizens in the City, not the County. Hafferman commented he was Public Works Director when expansion plans were started for the WWTP. He emphasized the money was given to Kalispell for an area plant, not just exclusively for Kalispell City Council Special Meeting Minutes (Evergreen) March 27, 2006 Page 2 the people in the City of Kalispell. He said the only reason Evergreen wasn't mentioned at the time was because they were talking about building a separate facility. Hafferman said sewer plants are built to protect the environment and that's what the City needs to do. Kluesner stated he believes we need to focus on cooperating with the community and the County, adding these people will be ratepayers. He said the developers will be paying for the sewer extension, not the City taxpayers. Kluesner commented this will not hurt the City and is the responsible thing to do. Mayor Kennedy said she has concerns with the 150,000 gallons per day and she would like to see factual information before a policy is set. In addition, the City is working with the State on `I'MDL (total maximum daily load) issues which could have a huge impact. She suggested that the Council move forward with Cottonwood and Bernard's Park, but noted she would feel more comfortable if the resolution read 100,000 gallons per day. Kenyon agreed that it has been long journey for Cottonwood, but he would be more comfortable waiting until the facilities plan update is complete before making a decision. He said a policy is based on facts and we don't have sufficient facts at this time. Kenyon said the City needs an overall policy rather than dealing with these requests piecemeal. Herron stated he would like to make a change in the resolution concerning the mention of annexation districts. He said annexation districts are uncertain and with the recent Supreme Court rulings, waivers of protest are adequate. Herron moved to amend Section I, Number 3, by striking "and to further agree, if required by the City Council, to enter into an annexation district". The motion was seconded. Kluesner said he supports the amendment because he feels annexation districts are very open-ended, ties our hands, and requires a decision within ten years. Mayor Kennedy stated she cannot support the motion whatsoever. She noted it doesn't tie our hands at all, it simply gives the Council the flexibility of developing an annexation district agreement as a possibility in the future. Larson disagreed. He said some areas will need to be annexed in the future, but others will never be financially feasible to annex. He said the way he reads the law an annexation district requires annexation within ten years, and he doesn't feel the City will ever want to annex Cottonwood, Mayor Kennedy pointed out this resolution doesn't specify Cottonwood. Gabriel stated she will not support the amendment, or the resolution, because this is premature, it's a band -aid approach, and she doesn't like the precedent it sets. Gabriel added she also fears for the legal ramifications. The motion to amend carried upon roll call vote with Hafferman, Herron, Kluesner, Larson, and Olson voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against. Kalispell City Council Special Meeting Minutes (Evergreen) March 27, 2006 Page 3 Herron moved to amend "150,000 gallons" to "100,000 gallons" wherever referenced in the resolution. The motion was seconded. The motion to amend carried upon roll call vote with Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting against. Atkinson explained that TMDL means "total maximum daily load" and said the Department of Environmental Quality is considering lowering that number. He said if that happens, the City will not be able to grow, and this action is just giving away our capacity. Larson said he was on the Council when Evergreen was given sewer service and he still believes it was the right thing to do, stating we need to protect the aquifer. The main motion as amended twice carried upon roll call vote with Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor and Atkinson, Gabriel, and Kenyon voting against. C/2. RESOLUTION 5104 — EVERGREEN SEWER AND WATER CONNECTION — COTTON OOD ESTATES Resolution 5104 authorizes Cottonwood Estates to connect to the Evergreen Sewer District pending several conditions. Herron moved Resolution 5104, a resolution regarding the development of Cottonwood Estates and provision of municipal sewer services thereto. The motion was seconded. Herron moved to amend "150,000 gallons" to "100,000 gallons" wherever referenced in the resolution. The motion was seconded. There was no discussion. The motion to amend carried upon vote with Hafferman, Herron, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting against. Herron moved to amend Section 1, Number 4, by striking "and to further agree, if required by the City Council, to enter into an annexation district". The motion was seconded. There was no discussion. The motion to amend carried upon vote with Hafferman, Herron, Kluesner, Larson, and Olson voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against. The main motion as amended twice carried upon roll call vote with Hafferman, Herron, Kluesner, Larson, Olson and Mayor Kennedy voting in favor and Atkinson, Gabriel and Kenyon voting against. Kalispell City Council Special Meeting Minutes (Evergreen) March 27, 2006 Page 4 WHO Resolution 5105 authorizes Lots 3 and portions of Lots 4, 5, and 6 of Bernard's Park, Subdivision to connect to the Evergreen Sewer District pending several conditions. Herron moved Resolution 5105, a resolution regarding the provision of municipal sewer services to Lots 3 and portions of Lots 4, 5 and 6 of Bernard's Park Subdivision. The motion was seconded. Herron moved to amend "150,000 gallons" to "100,000 gallons" wherever referenced in the resolution. The motion was seconded. fhere was no discussion. The motion to amend carried upon vote with Hafferman, Herron, KJuesner, Larson, Olson, and Mayor Kennedy voting in favor, and Atkinson, Gabriel, and Kenyon voting against. Herron moved to amend Section 1, Number4, by striking "and to further agree, if required by the City Council, to enter into an annexation district". The motion was seconded. There was no discussion. The motion to amend carried upon vote with Hafferman, Herron, Kluesner, Larson and Olson voting in favor, and Atkinson, Gabriel, Kenyon, and Mayor Kennedy voting against. There was further discussion and Patrick answered questions. The main motion as amended twice carried upon roll call vote with Hafferman, Herron, Kluesner, Larson, Olson and Mayor Kennedy voting in favor and Atkinson, Gabriel, and Kenyon voting against. WINUM-HER The meeting was adjourned at 8:45 p.m. Pamela B. Kenngd—y Mayor ATTEST: Theresa White City Clerk Kalispell City Council Special Meeting Minutes (Evergreen) March 27, 2006 Page 5 March 27, 2006 To: Kalispell City Council From: Greg Barkus, City of Kalispell Resident and Montana State Senator District 4 (the city of Kalispell and Evergreen) Subject: Evergreen Sewer District Conveyance System Please accept my apologies for not being; there in person, but a severe cold bug has caught hold of me and won't let go. Thanks to Darla for reading this statement to the Council this evening. Having been a resident of Evergreen for over 20 years, I have witnessed several attempts to bring the entities of Kalispell City and Evergreen together to provide quality sewer and water services to the area. 1 to have known the anxieties associated with those that face the possibilities of annexation into the city, often without regard to the benefits that the process will yield. A recent move into the City has left me with a good perspective of the situation. With regard to the Sewage Conveyance System, it now appears that there may be some agreement to the issue and hopefully you, the City Council., the City Manager, the County Commissioners and all other interested parties in this area will come to agreement to support the resolutions that will provide the necessary services to those improving the area, while protecting the quality of the shared aquifer we all enjoy.