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16. Request from 2 Rivers RV Resort - Evergreen Sewer System"I mllrr-i April 14, 1999 Mayor Boharski and the City Council 312 First Av. E. Kalispell, Mt. 59901 To whom it may concern: v IJJJ W. T. LINCOLN 203 LAKESHORE DR LAKESIDE. MT 59922 I am writing this letter to ask for a scheduled time with the city council of Kalispell to request the permission of the city to allow hookup to the Evergreen Sewer system utilizing solid waste capacity of the city of Kalispell for the property at 855 Conrad Dr. This is the property referred to in previous hearings as 2 Rivers RV Resort. With the approval of this request I will begin the process of creating a PUD for the project in a cooperative effort with the city of Kalispell and the County with representatives of each involved. Thank you for your time, I am: Sincerely, William T. Lincoln Copies have been sent to: — iz'!�- Dated t?Iis 1 day Qf 199..f. By:—�.._...rf MEMORANDUM April 27, 1999 kw To: Al Thelen, Interim City Manager From: Jim Hansz, Director of Public W rks Subject: Request for Sewer Service to Lincoln Proper Attached is a formal request from the Flathead County Water & Sewer District #1 - Evergreen for City consent to allow the district to provide sewer service to the Lincoln property, 2 Rivers RV Resort, on Conrad Drive. In accordance with the terms of the Interlocal Agreement between the City and Evergreen, this consent is required prior to Evergreen initiating service. No data was provided regarding the quantity of wastewater to be discharged to City facilities. This property lies outside the district service boundary and is outside the City limit. Further, the property in question is not contiguous to the City. On March 1, 1999, the City Council adopted Resolution 4450 that changed the City policy for extension of City services. The new policy requires that parcels or proposed developments outside the City limits be contiguous to the City to receive service. It also requires annexation of the property receiving service. A copy of Resolution 4450 is attached. After reviewing this request for conformity to City policy, I have concluded that the request does not comply with the City's basic requirements for extension of services. Therefore, I cannot recommend that the City Council consent to the extension of service as requested. Post Office Box 1997 - Kalispell, Montana 59903-1997 ,�jatef & Sewer .Disrrl ct 130 Nicholson Drive • Kalispell, MT 59901 Phone: (406) 257-5861 Fax: (406) 756-1588 April 15, 1999 James C. Hansz, P.E. Director of Public Works, City Engineer P.O. Box 1997 Kalispell, MT 59903-1997 d ' `47 De: Request to Evergreen for sewer Iervice to property outside the boundary of the Kalispell/Evergreen Interlocal Agreement - Dear Mr. Hansz: Bill Lincoln has formally requested of Flathead County Water & Sewer District #1 - Evergreen to provide sewer service to his property (see attached) which is located outside the boundary of the Kalispell/Evergreen Interlocal Sewage Treatment Agreement. The Evergreen sewer mains are located in Conrad Drive contiguous to the Lincoln property and Evergreen is prepared to provide sewer service to the Lincoln property on the condition that the City of Kalispell provide written approval to Evergreen authorizing Evergreen to provide sewer service to the Lincoln property, together with the acknowledgment by the City of Kalispell that the sewage flows from the Lincoln property are excluded from the 682,000 gallons average daily flow, which is the reserved capacity allocated to Evergreen in the Interlocal Agreement. Sincerely, Roberta Struck District Manager cc: Bill Lincoln ito Tc A RESOLUTION AMENDING THE CITY OF KALISPELL PLAN, SECTION IV, 11 4 AND 5, BY SPECIFYING WHICH THE CITY SHALL PROVIDE UTILITY SERVICES LIMITS. EXTENSION OF SERVICES THE CONDITIONS UNDER BEYOND ITS CORPORATE WHEREAS, the City Council of the City of Kalispell adopted City of Kalispell, Extension of Services Plan, by Resolution No. 4241, on November 6, 1995, and WHEREAS, Section IV, 1 4 of said Plan describes the conditions under which the City allows connection to its public utility systems, and WHEREAS, at the request of the City Council, the Public Works Department and the staff of the Flathead Regional Development Office revised the connection policy to allow _ for orderly expansion of utilities and municipal boundaries. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City of Kalispell, Extension of Services Plan is hereby amended, by. ins erti.ng a new Section IV, q 4, -which -shall :read:.: Before a development beyond the City limits is allowed to connect to a City -owned utility, a Consent to Annex/Notice of Withdrawal from Rural Fire District and a Petition Requesting Annexation shall be properly filed with the City Attorney and said annexation request shall be approved by City Council Resolution or Ordinance as may be appropriate. Service will be extended only to existing or proposed developments that are contiguous to the City. SECTION II. That the City of Kalispell, Extension of Services Plan is hereby amended by adding to Section IV, a 1 5 which shall read: As a requirement of access to a City -owned utility in a subdivision proposed beyond city limits, the property owner shall apply to the City for preliminary plat approval and simultaneously petition for annexation to the H:\attsect\wp\res\extensionofservices.wpd City, and the property shall be annexed or each phase of said subdivision shall be annexed with approval , . f,.Final, Plat. As a ' requirement to a City -owned utility in a proposed land divisionf-which -is exempt from subdivision regulation and* is beyond the 'city limits*,'. the'.'property --owner . shall petition to annex 'and'the property shall be annexed prior to filing the certificate of survey with the County Clerk and Recorder to create the land division. SECTION II. This Resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND SIGNED BY THE MAYOR THIS _1 DAY OF MARCH, 1999. Wm. E. Boharski Mayor Attest: Theresa White. Clerk of -Council H:\attsect\wp\res\extensionofservices.wpd