2. Resolution 5084 - Sewer Service - Cottonwood EstatesCity of Kalispell
Charles A. Harball Offs City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903,1997
TO:
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harbail, City Attorney
James H. Paris, City Manager
Tel 406.758.7708
Fax 406.758,7771
charbali@kali,-,pell.com
Resolution No. 5084 — Request bv Cottonwood Estates for
Permission to Connect to the Evergreen Sewer District
.today, December 1, 200— Regular Meeting
BACKGROUND: Cottonwood Estates, LTC is the owner o read. property located in the,
Helena a Fiats area of Flathead County, outside the Kalispell City limits and outside the
Evergreen Sewer District. Cottonwood Estates has made its written request to the City to
e allowed to connect to the Evergreen Sewer; District so that its sewage may be treated a
the Kalispell wastewater treatment plant. The Kalispell City Council recently approved
the request of the Kelsey Subdivision to do so for the reason that a portion of the
subdivision was within the Evergreen. Sewer District, and therefore contractually permitted
to connect and receive the Kalispell sewer treatment services.
RECOMMENDATION: The City staff is recommending that the City Manager deny this
request for the reason that a change of policy that would allow the Evergreen Sower
District .* o convey the sewage of those areas wholly outside its district will servo to
encourage 'ran density development outside of the CAYy Such density will not only
increase the demands on the City sewer treatment facilities, but upon other city services,
such as parks, transportation and. EMS services. Although developer's agreements could be
put in place, such development further challenges the City's ability to provide the essential
oversight and planning for the development that may, at some point in the future, become a
part of the City.
FISCAL EFFECTS: If Council follows the recommendation and does not grant its
authorization to the City Manager to approve the connection, no fiscal effects to the City
are foreseen.
Respectfully submitted,
. ......... . .
C ar es Tar W�'1:;:-V4y---X'ttorney
{ ..........
.y.
FZ
j�es H. Patrick, City Manager ��
RESOLUTION NO. 5084
A. RESOLUTION REGARDING THE DEVELOPMENT OF COTTONWOOD ESTATES
AND PROV SION of MUNICIPAL SEWED. SERVICES THERETO.
.
WH-EPXAS, Cottonwood. Estates, ITC owner of that certain .peal property located outside
municipal boundaries and in Flathead County, ty, Montana and more particularly
described in Exhibit "'A"", attached hereto and fully incorporated herein by this
preference, 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 community water supply: and
WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell
and the Flathead County Evergreen Sewer District, Cottonwood Estates has made
its request to the City of Kalispell for permission to connect to the Evergreen
Seer District sewerage conveyance system, and
WHEREAS, Cottonwood Estates is located wholly outside the city limits of Kalispell and
.oily outside the Evergreen Sewer District but within such proximity to the
Evergreen Sewer District that A may be feasibly served by the Evergreen. Serer
District sewerage conveyance system. Evergreen Sewer District is a customer of
the City of Kalispell municipal sever system and contractually provided with a
allotment en.t of sewer treatment capacity and conveys its sewerage to the City of
Kall.spell municipal sewer treatment system; and
WHEREAS, for the reason that Cottonwood Estates is located wholly outside the Evergreen
Sever District it is not in the best interests of the City that make it policy that the
Cite will further encourage urban density development outside of its boundan.es
by providing its sewer treatment services to those areas.
NOW, THEREFORE, BE IT RESOLVED .BY THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS
SET:I0N I. The Kalispell City Manager is not authorized to give the City's permission
to Cottonwood Estates to connect to the Evergreen Sewer District.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL, THIS 11h DAY of D CEMB R, 2005.
Pamela. B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
COTTONWOOD ESTA DES L C
250 SECOND S # EAST
406-2534225
November 2, 2005
James Patrick-UtY Manager
Cfty of Kalispell
P.O. . Box 199
Kalispell, MT 59903
Request for Sewage Treatment for Cott n ood Estates
Dear Honorable Mayor and Cry Council members*
Cottonwood Estates LLC would lice to formally request consideration to allow Cottonwood
Estates to Utilize the -Katlspel Waste Water Treatment Plant for image treartment purposes as
per the Intel agreement between the City of Kalispell and Flathead Cody Water and
Serer District No. I — Evergreen.
This Intedocal Agreement, ent, dated July 25, 1990,, alloya the Evergreen der District to ask the
Cif of Kalispell for additional ca ac ty above and beyond the allocation designated for the RSID
(The s ect proms is adjacent t the boundary of the S1 ,, but not w�hin the i� 4
Transmission fission of the sewage be til ng the Evergreen lip, with tr atro rat by the KafisW
Wastewater plant.
Cottommx d Estates LLC proposes to install a new sewer main along Hera Flats Road
(beginningin front of Gottonwood Estates) and continuing to the intersection of Highway 35,
where they can conred to mains capable of delivering the necessary volume of sewage down
to the treatment facility. CottonwoodCoffonwood Estates subdivision wiU remain min Flaftad County
jurisdiction. It will be buift to a County Urban Standard, complete with curb, gutter and
sidemiks. Residents of this subdMsion will expect to reoeive County serwces, which include
Evergreen Volunteer Fire Department and the Flathead County She ff's Department.
Gonstrucfion of extensions, pgrades and possible lift stations will all be coordinated wfth the
Sewer District's engineer and the Kalispell Public Works Department. New c4mmicUon will be
of
built to speacafiOM &s1rable by both the City and the der DisMd The msiftnts of
Cottonwood Estates will pay hook-up fees and monthly transmission fees directly to the
Evergreen firer Divot.
Please feel free to call should you have any additional concems or questions regarding this
request. We appre6ate your consideration of this request and the lengths to which the City
Council has taken to resolve this complex issue.
Member
f Evergreen Sewer and Water District, Roberta Struck
Flathead Country Planning n Zoning ice, Jeff Harris
Mayor Kennedy and Kalispell City Council