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2. Resolution 5655 - Sewer Conveyance Allocation PolicyCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903 Telephone: (406) 758-7701 Fax: (406) 758-7758 MEMORANDUM ) 11 To: DougRussell, City Manager , y g r 'r From: Susie Turner, Public Works Director Re: Resolution No. 5655 — Resolution Establishing the Policy of the City of Kalispell Regarding the Allocation and Reservation of Sanitary Sewer Capacity for New Development and. Setting and Effective Date Meeting Date: November 4, 2013 — Regular Council Meeting BACKGROUND: On September 28, 2013, the sanitary sewer conveyance system and management was reviewed during a work session. During the work session staff was directed to bring forward a resolution establishing a policy to expire approved allocated sewer capacity through a Municipal Facility Exclusion (MFE). The policy proposed is in accord with the Montana Department of Environmental Quality (MDEQ) regulation for sewer extension expirations pursuant ARM 17.38.101. FINANCIAL IMPACT: None RECOMMENDATION: It is recommended that the City Council approve Resolution 5655 on the proposed policy for expiration of approved sewer allocation through the MFE process. RESOLUTION NO. 5655 A RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF KALISPELL REGARDING THE ALLOCATION AND RESERVATION OF SANITARY SEWER CONVEYANCE CAPACITY FOR NEW DEVELOPMENT AND SETTING AN EFFECTIVE DATE WHEREAS, the City of Kalispell owns and operates a municipal sanitary sewer utility which includes a conveyance system with a discrete and finite capacity; and WHEREAS, pursuant to the terms of MCA §76-3-610 the City considers applications for preliminary plats of those landowners in the City who desire to develop their properties and utilize those services, including sanitary sewer services, provided by the City; and WHEREAS, pursuant to ARM §17.38.101 the Montana Department of Environmental Quality [MDEQ] issues, upon application, a Municipal Facilities Exclusion [[MFE] to a developing landowner permitting the construction of public sewerage extensions in the City if certain criteria are met, including the certification of the City that, among other things, adequate disposal of sewage is available or will be provided within the time period allowed under MCA 76-3-610; and WHEREAS, upon issuance of an MFE to a developing landowner, the city reserves and allocates the projected sanitary sewer conveyance capacity requirements of the development to prevent the sanitary sewer conveyance system from becoming over allocated; and WHEREAS, pursuant to ARM §17.38.101(9), unless the developing landowner completes the extension of the public sewerage system within three years after MDEQ or a delegated unit of local government has issued its written approval, the approval is void and an application and design must be resubmitted unless a deadline extension is provided by MDEQ; and WHEREAS, it is in the best interest of the city residents and landowners that the policies of MDEQ and the City are in accord so that confusion can be avoided and a well - ordered allocation of sanitary sewer conveyance capacity may be assured; and WHEREAS, the City should therefore withdraw the reservation and allocation of sanitary sewer conveyance capacity that was obtained by the developing landowner through issuance of an MFE if upon expiration of three years the extension of the public sewerage system designed for the development has not been completed and the developing landowner has not received a deadline extension from MDEQ. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. It shall henceforth be the policy of the City of Kalispell that the reservation and allocation of sanitary sewer conveyance capacity that is obtained by a developing landowner upon the issuance of a Municipal Facilities Exclusion shall be withdrawn by the City upon the expiration of three years without completion of the extension of the public sewerage system by the developing landowner and without a deadline extension being given by the Montana Department of Environmental Quality. SECTION 2. This policy shall be effective immediately. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 4TH DAY OF NOVEMBER, 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk