SP Agenda March 27, 2006 #1CITY OF KALI5PELL
CITY COUNCIL SPECIAL, MEETING AGENDA
MARCH 27, 2006 — 7; 00 P.M.
COUNCIL CHAMBERS -CITY HALL
CALL TO ORDER
ROLL CALL
PLEDGE of ALLEGIANCE
A. AGENDAAPPROVAL
. . PUBLIC COMMENT
Persons wishing to address the Council on any issue, including Agenda items, are asked to do
so at this time. Those addressing the Council are requested to give their name and address for
the record. (Comments shall be limited to three minutes)
C. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION
.. Resolution 5103 — Interim Poke ---' Evergreen Serer Service
This resolution establishes an interim poti setting the terms for using the Evergreen
sever system by properties located outside the RSID 1.32.
. Resolution 5104 — Evergreen Sewer and Water Connection — Cottonwood Estates
Resolution 5104 authorizes Cottonwood Estates to connect to the Evergreen Sewer
District pending several conditions.
. Resolution 1_0— Evergreen Sever and 'Water Connection ---- e. .r's Park.
Subdivision
Resolution 5105 authorizes Lots 3 and portions of Lot 4, 5, and 6 of Bernard's Park
Subdivision to connect to the Evergreen Sever District pending several conditions.
D. ADJOURNMENT
Reasonable accoinmodations will e made to enable individuals with disabilities to attend this
meetina. Please notify Theresa White, City Clerk a - .
city ot Kalispell
..................
Post Office, Box 1997 - Kal 1spell, Montana - 1. 997 - Telephone (406)75-1700 Fax -
MEMORANDUM
March 23, 200
To: Mayor and City Council
From: City Council Member Bob Herron
Evergreen Sewer and Water District provides water to a good portion of ward 2 in the City of
Kalispell. How is that any different than us having an i ter o al agreement to provide sewer
treatment for then` The fact is our blolocrical treatmentplant would never have been built
and have the capacity that it has if it had not been for a cooperative effort between the city and
the county. And that cooperation was mandated by the EPA. in order for the money to be granted
to both the city and the county..i he 201 Facilitles Study, and the amendment to the study that
were done in. the 80#s, identified the need to upgrade Kalis ell#s plant and actually build a new
one and also Identified the need to protect the Evergreen aquifer.
Because of the cooperation between the city and the county our plant was si e . to
accommodate the needs identified in the 201 facilities plan, and that plan identified the area
known as Evergreen in the facilities plan.
The EPA. gave a grant to Evergreen for a collection system and told them they didn't get a plant,
the EPA gave a grant to Kalispell for our plant and told us to service the area identified in the
201 Study (which includes Evergreen).
Everyone living in the Flathead 'Valley is responsible for the grater quality of this valley and
Flathead Lake.
We have the treatment plant and we need to do the right thing.
Bob Herron
Ward 2
III i
o. r wokCity of Kalispell
Post Office Box 1 - Kalispell. Montana -1 - Telephone (406) 7- 000 Fax - 406) 758-775
REPORT TO: Honorable Mayor and City Council
FROM: James H. Patrick, City Manager
SUBJECT: Cottonwood Estates Request for Sewage e Treatment
Meeting Date; March 27, 200
Background: At the December 5, 2oo5 Council Work Session, Council asked Staff to work with
the Cottonwood Estates Developers to investigate the extension of City services to their
development. At the time the developer thought that there was a County Water and Sever
District #1 sewer line available to them across Helena Flats Road from the entrance to their
subdivision. However, this has been reported to be a 4 inch gray water line that is at or near
capacity. The developers have therefore expressed a willingness to form an annexation district,
design to City standards and contribute a significant amount to a Kalispell City sewer main.
t the March 20, 2006 Council meeting, approved awarding a contract to Morrison and
Maierle/HDR to update the City of Kalispell facilities plan. The emphasis will be placed on
evaluating the Cottonwood/Kelsey area northeast of the City since there seems to be interest in
City services, This part of the study will take several months and it will determine the most cost
effective way of providing services to areas such as Cottonwood. This will also determine
potential adjacent areas that may need services in the near future and projects the size of the line
and upgrades to existing systems. In other words, the consultant will provide costs,
recommended sizing and location of infrastructure, and potential customers — a plan.
Counci's desire to try and assist the developers must consider the following:
(1) Currently there is no good idea of how to physically do it right and insure that
resources are being committed prudently.
(2) The TMDL issue is in a state of flux and has the potential of creating a significant
impact on the City. We can't give away TMDL to unincorporated areas and limit. the
City' s ability to grow in the future.
(3) n the view of the Flathead County Water and Sewer District Attorney, Kelsey does
not set precedence since it is part in and out of the RSID. Cottonwood does set
precedence and in fact I have received two calls since last. Monday night asking for "me
too.
(4)
Why is this a crisis? While it is important for the City to help protect the aquifer that
provides us water, we can not react to lack of planning by the County or developers. The
lack of planning at their level should not constitute a crisis on ours.
City Staff and I .have discussed with you the cost of service issues for developments inside and
outside the City limits. At the Council retreat Council was given further information shoving the
financial impact on the City by having urban development at our borders. We discussed the need
to require annexation as a prerequisite to extending sever and/or water services to a
development. We also discussed that in some cases it may be more Feasible,, in the near tern., t
require an annexation district so that we could start capturing some tax dollars to help defray the
cost of future service delivery and thereby have new development pay For itself. Another
unknown Factor is the T MDL issue. We should not allow our waste water utility to be extended
to areas outside the City unless there is a tax base to benefit the City.
.At the March 6, 2006 work session, Council was given a memo with the following Staff
recommendations: I) To proceed with the facilities plan update and Should Council decide
on extending services to Cottonwood; direct Staff to continue to work with Cottonwood
developers and other interested parties to finalize an extension agreement, and begin work on an
A.
annexation district. our recommendation has not changed. Council may elect to give
Cottonwood -a clear message that it is the City's intent to provide services. The facilities update
will address water and sewer services to this area and is necessary to complete before a decision
is made as to how to provide services in the most cost effective manner. The consultant will
provide options., costs and recommendations to Council in about. six months.
t the Council retreat the conscience was to plan growth based on best available inFornation.
Should Council decide to provide services to Cottonwood and other developers in the northeast
area of the City it should be done in a systematic planned method using engineering studies
developed by our consultants.
Respectfully submitted,,
James H. Patrick
City Manager
R SoLUTIO No. 5103
. RESOLUTION STA LISHING AN INTERIM 2006 POLICY SETTING FORTH
HE FERNS OF USAGE of THE EVERGREEN SEWER CONVEYANCE SYSTEM
BY PROPERTIES OUTLYING THE FLATHEAD COUNTY SEWER DISTRICT NO, I
RSID No. 13.
WHEREAS, it is in the best interests of the Flathead County, the City of Kalispell and their citizens
and all others living in the Upper Flathead River Basin, that water quality of the shared
aquifer be protected by the utilization of municipal sever whenever reasonably Feasible;
and
WHEREAS, the City of Kalispell and Flathead County entered into an interlocal agreement o
July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen
sever conveyance system of Flathead County Sewer District No. I [Evergreen] to
convey its sewage to the Kalispell City Wastewater {Treatme t :Plant [WWTP] for
treatment; and.
WHEREAS, the terms of the above -described interlocal agreement established the upper limits
of sewage flow that Evergreen is allowed to convey to the Kalispell WWTP from
within its RSID and Further provides that any properties outside of the Evergreen
RSID boundaries .daries wishing to utilize the Evergreen conveyance system must first
obtain permi.ssl on to do so from the City of Kalispell; and
WHEREAS, various property owners outlying the Evergreen RSID boundaries but within 500
feet of the Evergreen sewage conveyance system are requesting municipal sever
services for urban density development. 'These property owners are restricted by
the Mate of Montana from -such urban density development without municipal
sever service, unless such service is denied to there; and.
WHEREAS, the City of Kalispell is currently conducting a facility plan study in this
geographical area for the purpose of determining the best design for providing
utilities to the area and will have such study available for planning before the end
of the calendar year; and
WHEREAS., the City of Kalispell wishes to reasonably provide a policy and plan for providing
municipal sever service for the above -described demand for the interim period
until such future facility and extension of services plan is completed.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS
SECTION I. It shall be the policy of the City of Kalispell that It approve the usage of up
to a total of 150,000 gallons of sewage per day conveyed. through the
Evergreen sewage conveyance system from properties located outside o
the Evergreen RSID with such sever service provided to those properties
in which the owner agrees to construct the sewer infrastructure In
Compliance with City and Evergreen standards and with necessary stub -
out facilities to meet future connection r uirei e t ; and 2 execute
waivers of right to protest annexation for all parcels; and 3 eater into a
developer's agreement with the City of Kalispell in which the pies
agree that the subdivision shall be developed to City of Kalispell Urban
Construction and Design Standards, and to farther agree, if required by the
City Council, to enter into an annexation d.istri. t agreement. This sewer
service 1s further conditioned upon the City of Kalispell and Evergreen
enterIng into an agreement ent stipulating that in the evert that the City of
Kalispell ever serves the subdivision with a separate sewer conveyance
system, thereby seven'ng from the Evergreen sever conveyance system,
the ownership of .fires within the subdivision shall be conveyed to the
city.
PASSED AND APPROVED D Y THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY of KALISPELL, THIS 27 1h DAY of MARCH, ,boo .
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO. 5104
RESOLUTION REGARDING THE DEVELOPMENT of COTTONWOOD ESTATES
AND PROVISION of MUNICIPAL SEWER SERVICES THERETO.
WHEREAS, Cottonwood Estates, LLC owner of that certain real property located outside
municipal boundaries and. in Flathead County, Montana and more particularly
described. in Exhibit "A", attached hereto and fully incorporated herein by this
reference, and hereafter referred to as "Cottonwood Estates", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sever; and
WHEREAS, pursuant to the terms of the interlocal agreement between the City of Kalispell
and the Flathead County Sewer District No. 1, Cottonwood Estates has made its
request to the City of Kalispell for permission to connect to the Evergreen sewer
conveyance system; and.
WHEREAS, Cottonwood Estates is located wholly outside the city limits of Kalispell and
wholly outside the Evergreen Sewer RSID boundaries but within such proximity
to the Evergreen sewer conveyance lines that it may be feasibly served by the
.evergreen sewer conveyance systems.; and
WHEREAS, by Resolution No. 5103 the City established an interim policy approving the
usage of the Evergreen sewer conveyance lines for properties outlying the
Evergreen RSII , such as Cottonwood Estates, so long as such usage does not
increase the total daily flow used by all such properties to more than 150,000
gallons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY of
KALISPELL AS FOLLOWS
SECTION . The Kalispell City Manager is authorized to give the City's permission to
Cottonwood Estates to connect to the Evergreen Sewer District so long as
the following conditions are met:
I = The sewer gallon flow requirements of the subdivision must not
increase the total daily flow through the Evergreen sewer conveyance
system used by all properties outlying the Evergreen R SID to more that
15000gallons per day; and
2. The landowner must agree to construct the sewer infrastructure in
compliance with City and Evergreen standards and with necessary stub -
out facilities to meet future connection requirements; and
. The landowner must execute waivers of right to protest annexation
for all parcels; and
. The landowner must eater into a developer's eloper' m with. the
City of Kalispell in which the parties agree that the subdivision shall be
developed to City of Kalispell Urban Construction ction and Design Standards,
and to further agree, if required by the City Council, to enter into a
annexation district agreement;
. City of Kalispell and Evergreen must enter into an agreement
stipulating that in the event that the City of Kalispell ever serves the
subdivision with a separate sewer conveyance system, thereby severing
from the Evergreen sever conveyance systems., the ownership of lines
within the subdivision shall be conveyed to the City of Kalispell.
PASSED ND APPROVED BY THE CITY COUNCIL AND S GNT Y THE MAYOR O
THE CITY of KAL ISPE .L1, THIS " DAY OF MARCH,) , 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
COTTONWOOD ESTATES LLC
250 SECOND s # EAST
WHITEFISH, MT, 59937
March 15, 20
,apes Patrick
City Manager- Cfty of Kalispell
P.O. Box 1997
Kalispell, 1T 59903
ICE: Request for Sewage Treatment for Cottonwood Estates
Dear Honorable Mayor and City council members;
Cottonwood Estates LLC would life to formally request consideration of a Resolution at the next
available City Council meeting to allow Cottonwood Estates to utilize the Kai is ell Waste Water
Treatment t Plant for sewage treatment purposes as per the I nterlocal a reer ent between the
City of Kalispell and Flathead County Water and Sewer District No. I — Evergreen.
This Interlocal Agreement, dated ,duly 25, 1990, allows the Evergreen Serer District to ask the
City of Kalispell for additional capacity above and beyond the allocation designated for the F S1
("he subject propel is adjacent to the boundary of the RSI , but not whin the District).
Transmission of the sewage W11 be utilizing the Evergreen lines, Frith treatment by the Kalispell
Wastewater plant.
Cottonwood Estates LLC proposes to install a new sewer main along Helena Flats Road
(beginning ire front of Cottonwood Estates) and continuing to the intersection of Highway 35,
here they carp connect to mains capable of delivering the necessary volume of sewage down
to the treatment facility. Cot on ood Estates subdivision will remain within Flathead County
jurisdiction. It will be built to a County Urban Standard, complete with curb, , gutter and
sidewalks. Residents of this subdivision will expect to receive County services, which include
Evergreen Volunteer Fire Department and the Flathead County Sheriffs Department.
Upon construction, upgrade and extension of Evergreen's Sewer transmission lines, said lines
will become the propel of the Evergreen Sewer District and maintenance of these lines will
become their responsibility. Construction of extensions, sior s, upgrades and possible lift stations will
all he coordinated with the Sewer District's engineer and the Kalispell Public Forks Department.
New construction will be built to specifications desirable by both the Cfty and the Sewer District.
Please see attached Resolution number 005-3 from the Flathead County VVater and Serer
District No. Evergreen to clarify ownership of said sewer lines should the City of Kalispell
ever extend their sewer line to the -proposed Cottonwood Estates Subdivision. .
Please feel free to call should you have any additional cocems or questions regarding this
request. We appreciate your consideration of this request and the lengths to which the Cfty
Council has taken to resolve this complex issue.
IS
V
Member
Cc-. Evergreen Sever and Water District, Roberta Struck
Honorable Mayor Pam Kennedy
City of Kalispell City Council Members
,,,gater & Sewer Dis,11IL Ct
. .
G° `i 3� Nichoison )rive 'aKafispefl, MT 59J01
Phone: (406) 257-5861 •Fax: (406) 756-9 588,
RES LUT N 2 5- 3
BE IT RESOLVED by the Flathead County Water & Sewer District No. f -- Evergreen o
Flathead County, Montana on this 28th day of September, 2005 as follows:
The District will transfer ownership of sewer lines that are within a subdivision located
outside the boundary of the Interlocal Agreement with the City of Kalispell, to the City of
Kalispell, upon a wr*tten request from the City of Kalispell, provided that, at the time of
the request, the City of Kalispell has extended, to said subdivision, division, sewer conveyance
lines which are connected to the Kalispell Wastewater Treatment Plant.
Flathead County Water & Sewer
District # 1 — Evergreen
Board of Directors
1 f
ohn T. Fallon
Acting Beard President
.r
Attest. -._..-......... �.- ........ ....... 'r.:..........:......... ....
Roberta Struck
District Manager
A RESOLUTION REGARDING THE PROVISION of MUNICIPAL SEWER
SERVICES TO o S 3 AND PORTIONS of LOTS 4,5 AND 6 of BERNARWS PARK
WHEREAS, Gerard Gilbert owner of that certain real property located outside municipal
boundaries and in Flathead County, Montana and more particularly described as
Lots 3 and portions s of Lots 4, 5 and 6 of Bernard's Park subdivision, according to
the map or plat thereof of record in the Office of the Clergy. and Recorder, Flathead
County, Montana, and hereafter referred to as "'Bernard's Park", seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer; and
WHEREAS, pursuant to the terms of the i terlocal agreement between the City of Kalispell
and the Flathead County Sewer District No. 1, Gerard Gilbert has rude his
request to the City of Kalispell for permission to connect Bernard's Park to the
Evergreen sewer conveyance system; and
WHEREAS", emard's Park is located wholly outside the city limits of Kalispell and wholly
outside the Evergreen Sever RSID boundariesbut within such proximity to the
Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen
sever conveyance system; and
WHEREAS, by Resolution No. 5103 the City established an interim policy approving the
usage of the Evergreen sever conveyance lines for properties outlying the
Evergreen RSID, such as Bernard's, so long as such usage does not increase the
total daily flow used by all such properties to more than. 1.50,000 gallons.
NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of
KALISPELL AS FOLLOWS
SECTION I. The Kalispell City Manager is authorized to give the City's permission to
Bernard's Park to connect to the Evergreen Sever District so long as the
o lowing conditions are met:
. The sever gallon flow requirements of the subdivision must not
increase the total daily flow through. the Evergreen sever conveyance
system used by all properties outlying the Evergreen RSID to more that
150,000 gallons per day; and
. The landowner must agree to construct the sever infrastructure i
compliance with City and Evergreen standards and with necessary stub --
out facilities to meet future connection requirements-, ents-, and
The landowner must execute waivers of right to protest annexation
for all parcels; and
. The landowner must enter into a developer's agreement with the
City of Kalispell in which the parties agree that the subdivision shall be
developed to City of Kalispell Urban Construction and Design Standards,
and to Further agree, if required by the City Council, to enter into an
annexation district agreement;
. City of Kalispell and. Evergreen must enter into an agreement
stipulating that in the evert that the City of Kalispell ever serves the
subdivision with a separate sever conveyance system, thereby severing
from the Evergreen sewer conveyance system, the ownership of lines
within the subdivision shall be conveyed to the City of Kalispell.
PASSED AND APPROVED Y THE CITY COUNCIL AND SIGNED BY THE MAYOR of
THE CITY of KALISPELL,, THIS 2 ' AY of MARCH 2006.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
.dater &Sewer 1)istrlct
130 Nicholson Drive a Kalispell, MT 59901
Phone: -5861 arc: 5 -
April 7, 2005
James H. Patrick, City Manager
City of Kalispell
P.O. -fox 1997
Kalispell, MT 59903-1997
Re: Lot 3 and a portion of Lots 4, 5, and. 6 of Bernard's Park Subdivision
Dear Mr. Patrick:
This letter acknowledges receipt of a copy of your letter, dated March. 2 , 2005, to .fir. Steve
Middleswortb. (copy attached.).
The subject property i.s located outside the boundaries of the Interlocal Agreement, which coincides with
the boundary of Flathead County RSID #132. Flathead County water & Sewer District 41 �. ver ree
.strict is prohibited, under the Iteriocai Agreement with the C11y o Kalispell, from using its
reserved treatment capacity, for property outside of the RSID boundary.
Historically, by agreement with the City of Kalispell, the properties erties located o .ts1 e the boundaries of the
Into local Agreement that are presently served by the Distriet's sewer service are not considered part o
the treatment capacity reserved to the I istr'ct, but rather under the general reserve capacity of the City
o Kal.is eii.
The District is aware of the concerns of the City and its Council that it is not acceptable to continue
allowing the District to serve properties outslde the boundaries of the Interiocai Agreement customers
of the District, but using the City of Kalis ell's reserved ca ac.1ty.
In the interest of general health co.nsIderations, the District is prepared to serve properties outside the
nterlocal Agreement/RSID boundary, by express agreement with the City of Kalispell that the property
served would be under a ditto .ai treatment capacity granted to the I istrIct by the City of Kalispell.
trust if you .have any questions, you vi.li not hesitate to give .tee a call.
Sincerely',
.- j
Robes Struck
t str . t Mara &
RSt s
cc: Steve 1i.dleswort.
- ": �� ,� r,-,,.✓ ate• +e":.:<
C1,0ty of Kalispell
x.<...=>m:.,v... - Fax -
$ ���t ffi�
March 24, 2005
Mr. Steve Middesworth
NoDoubt LandCompany/Gerald Gilt
o Box 10962
1075 N. Median R
Kalispell, MT 59904
RE: Lot 3 and a portion of Lots 4, 5, and 6 marXs Park Subdivision
Dear Mr. Middlesworth,
We have reviewed your request to allow Evergreen Water and Sewer District to serve these lots
using Evergreen sewer capacity and hereby approve your request.
If I can be of farther assistance, please donot hesitate to contact me.
Sincerely,
amen H. Patrick
City Manager
cc.: Evergreen Sewer and Water District
2/25/05
o; Jim ��._ ��� M�', City KA pe l..
.from: Stove Milvor — Noat Lana Company/Gerald Gilbert
RE: Lot 3 an a.portion of Lots 4, 5 .and. 6.Bemard's Park.subdivision
Gerald Gilberts a client of mine and is an absentee over of the above mentioned property. This property
is an island in the Evergreen Water and Sewer District. (See attached map).
In a recent conversation with Evergreen. Sewer and Water, Mr. Gilbert was told they would be willing t
extend service to these lots, using their capacity. However; they say they needed authorization from the
City of Kajivefl- to. do so..
Therefore, consider this a fonnal request for such a tho zati .
-needs to be -an -agenda. item for the. city cauucil,.:please.. tet me. know..and... i. appear on -Mr.
Gilbert"Gilbert"s behalf
You. c= rind to us zs Mows:
Steve Middlesworth, Broker
NoDoubt Land Company
-PD. - Box 10962
Kalispell, MT 59904
Cell phone-f4-06) 253-8886
Graff Gilbert
29505 Dream Way
uso.. MT 59846.
Phone
Sincerely,
3
t f
Steve Miieswort.
`N'��` DDT
� '��
Edian Road
904
4 0' :-56
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