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1. Resolution 5103 - Interim Policy - Evergreen Sewer Servicecity ot Kalispell .................. Post Office, Box 1997 - Kal 1spell, Montana - 1. 997 - Telephone (406)75-1700 Fax - MEMORANDUM March 23, 200 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 i ter o al agreement to provide sewer treatment for then` The fact is our blolocrical treatmentplant 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..i he 201 Facilitles Study, and the amendment to the study that were done in. the 80#s, identified the need to upgrade Kalis ell#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 si e . 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 grater quality of this valley and Flathead Lake. We have the treatment plant and we need to do the right thing. Bob Herron Ward 2 III i o. r wokCity of Kalispell Post Office Box 1 - Kalispell. Montana -1 - Telephone (406) 7- 000 Fax - 406) 758-775 REPORT TO: Honorable Mayor and City Council FROM: James H. Patrick, City Manager SUBJECT: Cottonwood Estates Request for Sewage e Treatment Meeting Date; March 27, 200 Background: At the December 5, 2oo5 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 Sever 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. t 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. Counci'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) n 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 shoving 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 sever and/or water services to a development. We also discussed that in some cases it may be more Feasible,, in the near tern., t 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 T MDL 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: I) To proceed with the facilities plan update and 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 A. 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. t the Council retreat the conscience was to plan growth based on best available inFornation. 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 R SoLUTIO No. 5103 . RESOLUTION STA LISHING AN INTERIM 2006 POLICY SETTING FORTH HE FERNS OF USAGE of THE EVERGREEN SEWER CONVEYANCE SYSTEM BY PROPERTIES OUTLYING THE FLATHEAD COUNTY SEWER DISTRICT NO, I RSID No. 13. 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 sever whenever reasonably Feasible; and WHEREAS, the City of Kalispell and Flathead County entered into an interlocal agreement o July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen sever conveyance system of Flathead County Sewer District No. I [Evergreen] to convey its sewage to the Kalispell City Wastewater {Treatme t :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 .daries wishing to utilize the Evergreen conveyance system must first obtain permi.ssl on 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 sever services for urban density development. 'These property owners are restricted by the Mate of Montana from -such urban density development without municipal sever service, unless such service is denied to there; 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 sever service for the above -described demand for the interim period until such future facility and extension of services plan is completed. NOW, WHEREFORE, 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 o the Evergreen RSID with such sever service provided to those properties in which the owner agrees to construct the sewer infrastructure In Compliance with City and Evergreen standards and with necessary stub - out facilities to meet future connection r uirei e t ; and 2 execute waivers of right to protest annexation for all parcels; and 3 eater into a developer's agreement with the City of Kalispell in which the pies agree that the subdivision shall be developed to City of Kalispell Urban Construction and Design Standards, and to farther agree, if required by the City Council, to enter into an annexation d.istri. t agreement. This sewer service 1s further conditioned upon the City of Kalispell and Evergreen enterIng into an agreement ent stipulating that in the evert that the City of Kalispell ever serves the subdivision with a separate sewer conveyance system, thereby seven'ng from the Evergreen sever conveyance system, the ownership of .fires within the subdivision shall be conveyed to the city. PASSED AND APPROVED D Y THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY of KALISPELL, THIS 27 1h DAY of MARCH, ,boo . Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk