6. Resolution 5072 - Evergreen Water & Sewer Connection - Kelsey SubdivisionCity of Kalispell
Charles A. Harball Office of City Attorney
City ,Atty 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
......................................... .
MEMORANDUM
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: Resolution. 5072 Resolution Regarding provisions of City
Sever Utilities to Kelsey Subdivision
MEETING DATE: Monday, October 17, 2005 Regular Meeting
BACKGROUND: The City Counsel discussed the issue of proviffing municipal
sever services to Kelsey Subdivision at its workshop on October 10, 2005. Although
this issue has been before the Council before, it has been determined that the
subdivision has apparently now been approved by the State for a Type H onsite
septic system. The potential for this to occur and the risk it may present to the
groundwater in the area caused some members of Council to request that the
matter be revisited.
,As Council is aware, pursuant to the City's agreement with the County, Kelsey
Subdivision, which contains land parcels outside of the Evergreen Sever RSp ,
requires the consent of the City to utilize the Evergreen Sever conveyance system.
Council previously expressed concerns that subdivisions building to urban density
and utilizing the City's sever treatment facilities 1 be amenable to annexation, or
at least future annexation. (through waivers of protest); 2 construct a sever
conveyance system to City of Kalispell standards; and 3 develop the subdivision. to
City of Kalispell Urban Construction and Design Standards,
p to this time, the City and the Evergreen Sewer District have been able to agree
upon the three conditions stated above, but have been unable to agree upon which
entity should own the sever lines in the event that the City annexes the
subdivision. It has now been proposed that Evergreen should continue to own and
maintain the lines, regardless of annexation, until such time that the City serves
the Kelsey Subdivision with a separate sever conveyance systems, thereby severing
from. the Evergreen Beyer conveyance system. This proposal has been incorporated
into the resolution now before Council.
Memorandum to Council
Municipal Sever Services/Kelsey Subdivision
Page - 2
RECOMMENDATION: That Council consider Resolution 5072 and to approve o
i,sap p rove the resolution after discussion.
FISCAL EFFECTS: The fiscal effects of providing municipal sewer services to the
Kelsey Subdivision are somewhat minor when compared to the larger policy issue o
generally consenting to allow the Evergreen Sewer conveyance system to serve
other pote .t al developments outside of the RSID. As discussed at the workshop,
Kelsey SubdiviLsion may be distinguished y the fact that some of its parcels are
within the RSID and would otherwise be eligible for Evergreen service. We can
expect, however, that the City"s consent to Kelsey may well bring requests of other
subdivisions bordering the Evergreen Sewer RSID boundaries. If the City takes the
next step and consents to servicing any of those properties, it could be successfully
argued that it has held itself out as the sewer utility for that area and may thereby
e legally restricted from denying sever access to the next applicant. Unless the
City is prepared to annex this area, t may unwittingly grow a substantial urban
area on the outskirts of the City. The fiscal effects of that would be a further drain
on City resources e . g. transportation, arks) by non -city taxpayers as well as the
creation of further commercial and industrial potential outside of the City.
Respectfully submitted,
Cx ba 1, City Attorney James H. Patrick, City Manager
Office of City Attomey
City of Kalispell
RESOLUTION NO, 5072
RESOLUTION REGARDING THE DEVELOPMENT of KELSEY SUBDIVISION
AND PROVISION of MUNICIPAL SEWER SERVICES THERETO.
o.
WHERE,AS, the owner of that certain .real property located outside municipal boundaries and
in Flathead County, Montana and more particularly described as Assessor's Tract
located in Section 281, Township 29 North, Range 21 West, and hereafter
referred to as "Kelsey S-u divisio ", seeks to develop said property to an - rba
density and has therefore applied for and received approvals to construct a Type-2
Septic system; and
WHEREAS, the Kalispell City Council is concerned that such septic systems may have the
potential to critically compromise the ground water quality of Flathead Valley and
therefore believes that it is in the best interests of the citizens of Kalispell that
developments of urban density that could negatively impact local groundwater
quality be served by municipal sever treatment; and
WHEREAS, some, but not all, parcels of the Kelsey Subdivision are located within the
Evergreen Sever RSI D which is a customer of the City of Kalispell municipal
al
sewer system and which conveys its sewerage to the City of Kalispell municipal
sewer system; and
WHEREAS, pursuant to its agreement with Flathead County, the City of Kalispell may agree
to allow those parcels of the Kelsey Subdivision outside the Evergreen. Sever
RSID to convey its sewerage through the Evergreen. Serer conveyance system
without requiring the Evergreen Sewer RSID to assign such sewerage to its own
contractual capacity; and
WHEREAS, since a portion of Kelsey Subdivision is within the Evergreen. Sewer District
RSID and is therefore contractually eligible for eon.neetion to muniei al sewer
services through the Evergreen Sever conveyance system, the City of Kalispell
should, subject to certain qualifications, allow that portion of the Kelsey
Subdivision outside of the Evergreen Sever RSID to also connect to the same
municipal sewer services; and
WHEREAS, in the event that the owner of Kelsey Subdivision applies to connect the
subdivision to the Evergreen Sewer conveyance system, it is in the best interests
of the City of Kalispell to allow all parcels of Kelsey Subdivision to utilize the
sewer treatment facilities of the City via the Evergreen. Sever conveyance system,
on the conditions that 1such sever infrastructure he constructed in compliance
with City and Evergreen standards; and 2 the owner and developer of Kelsey
Subdivision execute waivers of right to protest annexation for all parcels; and 3
the owner and developer of Kelsey Subdivision 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 that the City of Kalispell and Flathead County enter into
are agreement stipulating that in the event that the City of Kalispell ever serves the
Kelsey Subdivision with a separate sever conveyance system, thereby severing
from the Evergreen Serer conveyance system, the ownership of the sewer lines
within the subdivision shall be conveyed to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KA ISPE L ASFOLLOWS:
SECTION 1. That in the event the owner of Kelsey Subdivision makes such application,
the City of Kalispell directs the City Manager to provide the necessary
written consent to Kelsey Subdivision and to Flathead County and
EvergreenSewer RSD approving the construction o sever lines servi ng
the Kelsey Subdivision to connect to the mains or services of the
collection system operated by the Evergreen. Sever RSID.
SECTION 11. That the above -described written consent t clearly indicate that the
conditions of the consent are that I. such surer infrastructure be
constructed cted in compliance with City and Evergreen standards; and 2 the
owner and developer of Kelsey Subdivision execute waivers of right to
.protest annexation for all parcels; and 3 the owner and developer o
Kelsey Subdivision eater into a developer's agreement with the City o
Kalispell in which the parties agree that the subdivision shall be developed
to City of Kalispell Urban Construction and Design Standards; and that
the City of Kalispell and Flathead County eater into an agreement
stipulating that in the evert that the City of Kalispell ever serves the
Kelsey Subdivision with a separate sewer conveyance system, thereby
severing from the Evergreen Serer conveyance system,, the ownership of
the suer 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., 'PHIS 17TH DAY of oC oB R Zoo .
ATTEST
Theresa White
City Clerk
Pamela B. Kennedy
Mayor