01. Request from 2 Rivers RV Resort - Evergreen Sewer SystemREPORT TO: Mayor and City Con
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FROM: Jim Hansz, Director of Public Works
SUBJECT: Sewer Service to Lincoln Property
MEETING DATE: May 17, 1999
BACKGROUND: Mr. Bill Lincoln requested sewer service to his property on Conrad Drive
from the Flathead County Water and Sewer District #1- Evergreen. The District has facilities
contiguous to the property, but the property is outside the District boundary. As a result, the
District has asked for City consent to provide the service with the provision that the amount of
sewage flow will not count against the District's annual flow entitlement. This would be in
general conformance with the terms of the Interlocal Agreement between the City and the
District. City staff has reviewed this request and previously determined that the situation does
not conform to the City's recently adopted policy for extension of service because the property is
outside the City and not contiguous. At the regular meeting of May 3Td the City Council directed
staff to research alternatives for providing service to the Lincoln property. Staff has identified
four alternatives for providing service to the property.
1. The City could annex the subject property. Montana law does not prohibit this type of
annexation beyond the boundary of the City. Sewer service could be provided upon
annexation. This alternative is not in strict conformance with the current extension of
service policy that requires contiguity. However, it would not be without precedent. A
recent example of this is the Willows Subdivision. It should be noted that the
commitment to annex the Willows was made at a time when there were expectations
that other area annexations would occur that would have provided the desired
contiguity with the City limits. These annexations did not occur. Potential problems
from this approach include, but are not necessarily limited to, the difficulty of
delivering other services such as police and fire protection. Also, measurement of
sewage flows would require special metering arrangements that do not presently exist
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to ensure proper billing and collection. Further, no arrangement exists between the
City and Evergreen for shutting off Evergreen supplied water service in situations
where sewer bills are not paid to the City.
2. The City Council may annex Conrad Drive past the property. This will make the
subject property contiguous to the City and satisfy City policy in this respect. Service
to the subject property could then be provided and annexation would be simplified.
The potential problems outlined in the preceding alternative are shared by this
alternative. In addition, the City would incur the full maintenance obligation for
nearly a mile of County road built to questionable standards and in uncertain
condition. The road includes a bridge.
3. The City Council may forego annexation of any sort and consider this request in
isolation from the recently adopted policy for extension of services. In this
alternative, the City Council would weigh the merits of this request without the added
considerations of road maintenance and delivery of other services. No other positive
benefits of this approach have been identified. The problems of metering, billing and
collection would remain to be resolved. The sewer rate for the subject property would
need to be determined. The present outside rate is 125% of the inside rate, but the
Lincoln request was represented to include willingness to pay a higher rate. In
addition to not satisfying City policy regarding extension of services, this alternative
may potentially set an undesirable precedent that could complicate the disposition of
future requests of a similar nature. This alternative would aggravate the present
situation regarding the consumption of remaining City WWTP capacity by sources
not in the Evergreen District and not in the City.
4. The City may refer the issue back to the District for their resolution by giving consent
to revision of their District boundary to include the Lincoln property. This would
remove the matter entirely as a City concern except as it relates to amendment of the
Inter Local Agreement. By this approach, the City would be consenting to
amendment of the agreement. The Interim City Manager, Mr. Thelen, identified
revision of the District boundary to be a highly desirable solution for the City. It
would allow this and future requests to be considered strictly as a District issue. This
would place the decision making squarely in the hands of the agency with the greatest
interest in the matter. It would also assist to move the issue of WWTP capacity
utilization further down the list of items that currently compete for the attention of the
City Council. With respect to feasibility, Mr. Thelen also pointed out that such an
effort is merely difficult, it is not impossible as has been previously represented. Also,
amendment of the Inter Local agreement has been accomplished in the recent past.
Amendment of this agreement for this purpose may also provide other desirable
opportunities to amend other portions of the agreement to the City's benefit.
RECOMMENDATION: In the opinion of staff, the main issue to be considered is how to
provide sewer service to the subject property, as opposed to providing City sewer service to the
property. This issue has several related parts. Service should ideally be provided in a way that is
consistent with policy; service should, if possible, also benefit the City; or service should at least
produce the fewest adverse impacts on the City. After reviewing the alternatives, staff sees two
potential alternatives.
Staff recommends alternative #4. It will provide the requested sewer service to the
Lincoln property with the fewest problems for the City and the greatest potential benefit. If this
is unacceptable, staff would then recommend alternative #l. This alternative generates potential
service delivery problems but eliminates the road maintenance burden. It also guarantees the
addition of developing property to the City and removes the issue of out -of -City utilization of
WTTP capacity.
FISCAL EFFECTS: None are identified.
ALTERNATIVES: As suggested by the City Council.
Respectfully4,
Hansz, P.E. Chris A. Kukulski
Director of Public Wo I s City Engineer City Manager
Report compiled May 11,1999