Loading...
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. 1IPage au7 �� ��•�Iel� /Amended Area • 1 Acres ,_ Fro, .rifTres��/��j i� it I sii I lIncludes Phase 2-5 of • Contains a total of 113 lots Creek Subdivision IO/% /. r % �.i _ . i /� �WIo»r , J%jiia r� ii i I I �.. �����!ff� of j`'i//.i�J��%/.14JI'�-� ► is., ar, min 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 m mv-i zz�N D �0—i > m;u om m;z:*� zm cn�0 vm>mzz v z ;v "Omzm= rn D Z o RD o mC mmC NW0ZiTt o m -n �Fmmm m,"Dm Z p cn z to ! X-T myq � rt-