2. Motion to Amend Something Previously Adopted - Resolution 4936 - Kelsey Sub Request for Sewer ServiceCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 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
Frank Garner, Interim City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@alispell.com
SUBJECT: Sewer Connections to Kelsey Subdivision.
MEETING DATE: Monday, October 18, 2004 — Regular Meeting
BACKGROUND: Council has requested to have this matter placed back on the
agenda for reconsideration. On September 20, 2004, Council passed Resolution
4936 regarding giving the approval of the City to allow the Kelsey Subdivision to
connect to the Evergreen Sewer System. Since then members of Council have had
the opportunity to discuss this issue more fully with the Evergreen Sewer Board in
a meeting and have individually had more time to consider the matter.
RECOMMENDATION: Council may place this matter back on the table as a
"motion to amend something previously adopted." Once the matter is back on the
table, Council may ultimately determine to amend the resolution, strike the
resolution, or leave it in its original state. Staff will endeavor to have proposed
language ready for Council at the time of the meeting.
FISCAL EFFECTS: As previously discussed.
Respectfully suhmited,
Charles Harball, City Attorney Frank Garner, Interim City Manager
RESOLUTION NO, 4936
A RESOLUTION REGARDING THE DEVELOPMENT OF KELSEY SUBDIVISION AND
PROVISION OF MUNICIPAL SEWER SERVICES THERETO,
WHEREAS, Andrew R. .Farris, owner of that certain real property located outside municipal
boundaries and in Flathead County, Montana and more particularly described as
Assessor's Tract i located in Section 28, Township 29 North, Range 21 West, and
hereafter referred to as "Kelsey Subdivision", seeks to develop said property to an urban
density and therefore desires the services of a municipal sewer and community water
supply; and
WHEREAS, it is in the best interests of the Flathead County and the City of Kalispell and their
citizens, that water quality of the shared aquifer be protected by the connection to and
utilization of a municipal sewer by Kelsey Subdivision; and
WHEREAS, Kelsey Subdivision is located within such proximity to the Evergreen Sewer District that
it may be served by the Evergreen Sewer District which is a customer of the City of
Kalispell municipal sewer system and contractually provided with an allotment of sewer
capacity and which conveys its sewerage to the City of Kalispell municipal sewer system;
and
WHEREAS, the City of Kalispell may agree to allow Kelsey Subdivision to convey its sewage through
the Evergreen Sewer District conveyance system without requiring the Evergreen Sewer
District to assign such sewerage to its own contractual capacity; and
WHEREAS, it is in the best interests of the City of Kalispell that if Kelsey Subdivision is allowed to
utilize the sewer utilities of the City via the Evergreen Sewer conveyance system, it
should construct such sewer infrastructure in compliance with City and Evergreen
standards and convey ownership of the development's sewer system to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS.
SECTION I. That the City of Kalispell directs the City Manager to provide the necessary
written consent to Kelsey Subdivision and the Evergreen Sewer District
approving the construction of sewer lines serving the Kelsey Subdivision that
will connect to the mains or services of the collection system operated by the
Evergreen Sewer District.
SECTION II. That the above -described written consent clearly indicate that it is the City's
position, based upon its existing Interlocal Agreement with the Evergreen Sewer
District, that ownership of the sewer system that is developed within the Kelsey
Subdivision shall, at the time it is connected to the Evergreen District Sewer
system, be conveyed to the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20TH DAY OF SEPTE , 004.
(JL
Pamela B. Kennod_
ATTEST � Mayor IL:tl
Theresa White
City Clerk