H.2. Reso 5910 - Evergeen Service Area AmendmentCity of Kalispell
201 1st Ave E, Kalispell, MT 59901
406-758-7852
www.Kalispell.com
TO: Doug Russell, City Manager; Charlie Harball, City Attorney
FROM: Susie Turner, PE, Public Works Director
SUBJECT: Kalispell and Evergreen Sewer Treatment Agreement Amendment
MEETING DATE: Februaryl9, 2019
BACKGROUND: Trumbull Creek Subdivision Phase One through Five were preliminary
platted in 2004 (Phase 1) and 2013 (Phase 2-5). The Subdivision is located at the northern
boundary of the defined service area per the City and Evergreen Sewer Treatment Agreement.
Phase Two and Three have been final platted and the Developer is currently working toward
constructing and final platting Phases Four and Five. In 2015, with the updated Agreement,
Phase One was incorporated within the service area. Phase Two and Three have been final
platted, however they receive City treatment service as customers outside of the Agreement
service area. Areas outside of the service area are required to participate in a Developers
Agreement, where the development has to:
• Meet City Design and Construction Standards,
• Waive the right to protest annexation, and
• In the event that the City of Kalispell ever serves the property with a separate sewer
conveyance system, thereby severing from the Evergreen Sewer conveyance system, the
ownership of the sewer lines within the subdivision shall be conveyed to the City.
To allow the City to treat all development outside of the service area equally and adhere to past
service expectations for Trumbull Creek, proposed changes to the existing Agreement are
required. Meetings were held with the Trumbull Creek Developer and Evergreen District
Representatives to create amendment language to the Agreement that meets the needs of all
parties. The outcome of the collaboration changes the current Agreement in two sections:
The service boundary of the Agreement is proposed to be amended to include Phases 2
through 5 of Trumbull Creek Crossing, as final platted. The land to be included is located
in the southeast quarter of the northeast quarter and the northeast quarter of the southeast
quarter of Section 28, Township 29N, Range 21W, Principal Meridian, Montana, in
Flathead County, contains a total of 113 single family residential lots and 36.330 acres, as
shown on the Preliminary Plat of Trumbull Creek Crossing, Phases 2 through 5, see
Figure 1.
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Contains a total of 113 lots
Creek Subdivision
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Figure Figure 1: Proposed Amendment Service Area
2. The flows generated from the increased service area is added to the volume rate not to
exceed increasing the average daily flow from 782,000 gpd to 805,000 gpd.
The City Attorney drafted an amendment to the Agreement and an amended Exhibit A was
prepared. Evergreen's Board of Directors approved the proposed amendments at their January
16, 2019 meeting.
STAFF RECOMMENDATION: Approve Resolution 5910, which amends the Sanitary Sewer
Treatment Agreement between the City of Kalispell and Flathead County Water & Sewer
District No. 1 Evergreen.
ALTERNATIVES: As suggested and approved by the City Council.
ATTACHMENTS: Resolution 5910
Second Amendment to the Sanitary Sewer Treatment Agreement (Amendment February 2019 to
Exhibit A and Section 3 Service Area)
2 1 P a g e
RESOLUTION NO. 5910
A RESOLUTION APPROVING AN AMENDMENT TO THE JULY 1, 2005 INTERLOCAL
AGREEMENT BETWEEN CITY OF KALISPELL AND THE FLATHEAD COUNTY WATER &
SEWER DISTRICT NO. 1, EVERGREEN, BY AMENDING EXHIBIT "A" TO INCLUDE
ADDITIONAL PARCELS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME.
WHEREAS, on the I" day of July, 2015, pursuant to Title 7, Chapter 11, Part 1, M.C.A., the City of
Kalispell [the City] and the Evergreen Water and Sewer District No.1 [the District]
entered into an Interlocal Agreement regarding the terms and conditions of the
cooperative effort to provide sanitary sewer conveyance and treatment for landowners
within the certain defined boundaries described within the agreement; and
WHEREAS, Section 3 of the Agreement regulates the event in which a property owner or user outside
of the existing service area of the District as defined in the Agreement desires to connect
mains or services to the collection system operated by the District; and
WHEREAS, pursuant to Section 3 of the Agreement, application was made to the District and the City
by property owner Michael Anders to expand the Service Area in the Agreement and
approval by the City for Evergreen to serve Phases 2 through 5 of the Trumbull Creek
Crossing development; and
WHEREAS, the District and the City have fully considered the request and have determined that it is
in the best interests of the applicant and the parties to approve the application.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. Pursuant to the terms of Section 3.03 and Section 3.04 of the Agreement, Exhibit
"A' of the Agreement shall be and is hereby amended to extend the service
boundaries of the Agreement to provide service to Phases 2 through 5 of
Trumbull Creek Crossing development, located in the southeast quarter of the
northeast quarter and the northeast quarter of the southeast quarter of Section 28,
Township 29 North, Range 21 West, P.P.M., Flathead County, Montana,
consisting of 113 single family residential lots and approximately 36.330 acres.
The amended Exhibit A is attached hereto and fully incorporated herein by this
reference.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 19TH DAY OF FEBRUARY, 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
SECOND AMENDMENT TO THE SANITARY SEWER
TREATMENT AGREEMENT
CITY OF KALISPELL
And
FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1
EVERGREEN
[Amendment February, 2019 to Exhibit A — Section 3 Boundary]
WHEREAS, on the 1" day of July, 2015, pursuant to Title 7, Chapter 11, Part 1,
M.C.A., the City of Kalispell ["Kalispell"] and the Flathead County Water
and Sewer District No. I- Evergreen ["Evergreen"] entered into a Sanitary
Sewer Treatment Agreement[hereinafter "Agreement"] regarding the
terms and conditions of the cooperative effort to provide sanitary sewer
conveyance and treatment for landowners within the certain defined
boundaries described within the agreement; and
WHEREAS, Section 3 of the Agreement regulates the event in which a property owner
or user outside of the Service Area as defined in Exhibit "A" of the
Agreement desires to connect mains or services to the collection and
conveyance facilities such that the property may be served by Evergreen;
and
WHEREAS, pursuant to Section 3 of the Agreement, application was made to
Evergreen and Kalispell by property owner, Michael Anders, to expand
the Service Area in the Agreement and approval by the City for Evergreen
to serve Phases 2 through 5 of the Trumbull Creek Crossing development;
and
WHEREAS, Evergreen and Kalispell have fully considered the request and have
determined that it is in the best interests of the applicant and the parties to
approve the application.
NOW THEREFORE, IT IS AGREED by and between the City and the District
that it is to their mutual benefit to amend Paragraph 3.03 of the Agreement to state as
follows:
3.03 Service Area: It is understood between the parties hereto that this
Agreement obligates Kalispell to accept normal municipal sewage from
Evergreen for that area comprising the Service Area as shown in Exhibit
A. The volume rate will not exceed 0.805 million -gallon average daily
flow for the area within the Evergreen boundary as shown in Exhibit A.
Volume rate outside of the Evergreen boundary is not applied against the
February 2019 SECOND AMENDMENT TO SANITARY SEWER TREATMENT AGREEMENT
Page -1 of 3
0.805 million gallons per day. For the purpose of this volume rate, the
number of days of flow measurement will be 75 days. If the volume rate is
fully utilized Evergreen may request an approval of a volume rate increase
from the Kalispell City Council.
Pursuant to the terms of Section 3.03 and Section 3.04 of the Agreement,
Exhibit "A' of the Agreement shall be and is hereby amended to extend
the service boundaries of the Agreement to include Phases 2 through 5
Trumbull Creek Crossing, as finally platted. The land to be included is
located in the southeast quarter of the northeast quarter and the northeast
quarter of the southeast quarter of Section 28, Township 29N, Range 21 W,
Principal Meridian, Montana, in Flathead County, contains a total of 113
single family residential lots and no more than 36.330 acres, as shown on
the Preliminary Plat of Trumbull Creek Crossing, Phases 2 through 5. The
amended Exhibit A is attached hereto and fully incorporated herein by this
reference.
Nothing in this Agreement, as amended, shall prohibit Evergreen from adopting or
amending whatever policies, guidelines, regulations, rules and rates that Evergreen in its
sole discretion deems appropriate with respect to the extension or provision of sewer or
water services applicable within or without the boundaries of the Service Area, as revised
herein, provided only that any such action by Evergreen does not otherwise violate the
terms of this Agreement, as amended. All other terms of the Agreement between the
parties shall remain in full force and effect.
IN WITNESS WHEREOF, the local governments have caused this instrument to be
duly executed by their proper officers as follows:
CITY OF KALISPELL
APPROVED BY THE CITY MANAGER OF THE CITY OF KALISPELL
on the day of February, 2019, as authorized the City Council to execute the
Amendment to the Sanitary Sewer Treatment Agreement.
ATTEST: BY:
Aimee Brunckhorst, CMC Doug Russell
City Clerk City Manager
February 2019 SECOND AMENDMENT TO SANITARY SEWER TREATMENT AGREEMENT
Page - 2 of 3
FLATHEAD COUNTY WATER & SEWER DISTRICT NO. 1- EVERGREEN
APPROVED BY THE BOARD OF DIRECTORS OF THE FLATHEAD COUNTY
WATER & SEWER DISTRICT NO. 1- EVERGREEN on the day of February
2019.
B:
resident
ATTEST:
February 2019 SECOND AMENDMENT TO SANITARY SEWER TREATMENT AGREEMENT.
Page - 3 of 3
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