2. Resolution 4928 - Evergreen District Sewer Lines (Tabled 8/16)City of Kalispell
Charles A. xarball 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@kalispell.com
SUBJECT: Establishing Policy for Ownership of Sewer Lines
Connecting to Evergreen Conveyance System but
Utilizing City of Kalispell Sewer Capacity
MEETING DATE: Monday, September 20, 2004 — Regular Meeting
BACKGROUND: Council has been in ongoing discussions regarding the issue of
development around the perimeter of the Evergreen Sewer District. Council issued
Resolutions of Intent to enter into interlocal agreements with Flathead County and
developers agreements and/or annexation district agreements with the developers
of Cottonwood Estates and Kelsey Subdivision. Based primarily on concerns
expressed and shared by all of the entities regarding the preservation of water
quality in the region, Council further indicated that. the City is willing, upon certain
conditions, to allow for these developments to convey sewage through the Evergreen
Sewer District and use the capacity of the City of Kalispell rather than the
Evergreen Sewer District's allocation.
The City staff recently met with the Evergreen Sewer District staff to discuss
those issues that would be involved in an agreement between the City and
Evergreen for this sewer service. It would appear as though engineering,
maintenance and billing issues are all easily resolvable and can be presented to
Council in an agreement for its consideration. However, it is apparent that the
issue of whether the City or Evergreen will own the sewer lines outside of
Evergreen's RSID remains a matter of contention. The Evergreen Board passed its
own resolution and determined that it must own those lines. The most recent
attempt by the Kalispell City Council to meet with the Evergreen Board to discuss
these issues was thwarted. However, the Evergreen Board determined on
September 15th that it would be willing to meet with the Kalispell City Council to
attempt to work through these issue.
September 15, 2004
Page - 2
RECOMMENDATION: Resolution 4928, that is being brought off of the table,
states that the policy of the City in this regard is that it will approve the extension
of sewer lines out of the Evergreen Sewer RSID for sewage that passes through
Evergreen's sewer system for treatment by the City and that such sewage
treatment will not be accounted against Evergreen's contractual allocation ONLY if
those sewer line extensions are owned by the City. The Council may determine to
act of this resolution at this time, or table it to another date certain pending the
outcome of its discussions with the Evergreen Sewer Board.
FISCAL EFFECTS: The fiscal effects of this policy are complex, far-reaching and
likely substantial.
Respectfully
Charles AaAW City Attorney
Frank Garner, Interim City Manager
Office of City Attorney
City of Kalispell
RESOLUTION NO.4928
A RESOLUTION EXPRESSING THE POLICY OF THE CITY OF KALISPELL TO ALLOW THE
EXTENSION OF SEWER LINES TO THE EVERGREEN SEWER SYSTEM FOR CONVEYANCE
THROUGH EVERGREEN AND TREATMENT BY THE CITY OF KALISPELL.
WHEREAS, it is in the best interests of 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 development of property around the perimeter of the Evergreen Sewer
RSID; and
WHEREAS, these potential developments are located within such proximity to the Evergreen Sewer District
that they 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, it is in the best interests of the City of Kalispell to agree to allow these potential developments to
convey their sewage through the Evergreen Sewer District conveyance system without requiring
the Evergreen Sewer District to assign such sewerage to its own contractual capacity only if the
City of Kalispell maintains ownership of the newly developed sewer lines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. The City of Kalispell will enter into an agreement with the Evergreen Sewer District to
allow new developments on the perimeter of the Evergreen RSID to convey their
sewage through the Evergreen Sewer District conveyance system without requiring the
Evergreen Sewer District to assign such sewerage to its own contractual capacity only if
the City of Kalispell maintains ownership of the newly developed sewer lines.
SECTION II. The City of Kalispell will endeavor to enter into an agreement with the Evergreen Sewer
District that responds appropriately to all concerns of the Evergreen Sewer District
regarding quality control and maintenance.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF
KALISPELL, THIS 20TH DAY OF SEPTEMBER 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk