Staff Report/Sewer IssueCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: James H. Patrick, City Manager
SUBJECT: Spring Creek Subdivision
DATE: April 21, 2008
In October 2006, Council approved the Spring Creek Estates I subdivision plat. The final plat
was approved March 2007. At that time there was a developers' agreement in place so that a
sewer main would be constructed through Aspen Creek subdivision to service the Spring Creek
Estates I subdivision. The gravity sanitary sewer main was to flow east and south along the east
extension of Westland Drive to a gravity sanitary sewer main previously constructed in Triple
Creek Drive. This sewer main would provide gravity sewer service to approximately 39
residential lots in Spring Creek Estates in addition to the proposed lots within Aspen Creek
Subdivision along the extension of Shang Draw Drive. The owner/developer of Aspen Creek
has not completed his portion of the sewer main after repeated attempts to move this project
forward.
On January 18, 2008 the Aspen Creek developer received a letter from the Public Works
Department notifying him, Mr. Sanchez, of this deficiency yet again. The letter provided two
alternatives to the planned sewer main construction which included a sewer easement so that the
Spring Creek Developer could install the line, or provide a lift station that would be partially on
his subdivision.
On January 18, 2008 the Public Works Department notified Spring Creek that there would not be
any more water meters issued to homes in Spring Creek Estates until the sewer issue was
resolved. Unfortunately five lots slipped through the building permit process and received
building permits. Attached is a map showing the location of the homes. Lot 68 is complete and
for sale, Lot 65 is mostly complete, lot 89 is mostly complete, lot 96 is foundation only, and lot
95 is complete and for sale, that last requested inspection was for insulation in August 2007, no
sheetrock or final inspection occurred and no C/O is in the file.
Both developers have had ample notice to correct the situation. The City Attorney has been in
contact with Mr. Sanchez to try to encourage him to install the main across Aspen Creek or allow
Spring Creek to install the main or an alternative. Staff has provided options to correct the
problem. Staff will continue to work with both developers as needed to correct the problem.
This breach of contract needs to be addressed by the Spring Creek Developer and at the same
time he needs to work with the builders to explain why he sold lots that did not have the utilities
fully installed.
Reslfnl1 ,
ames H. Patrick
City Manager
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City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
January 18, 2008
Kalispell Bowser Creek Associates, LLC
121 Spear Street, Suite 250
San Francisco, CA 94105
Attention: Mark Sanchez
RE: Aspen Creek Subdivision
Ordinance 1518
Dear Mr. Sanchez,
It has come to the city's attention that the gravity sanitary sewer main providing sewer
service from Westland Drive near the northwest corner of the referenced subdivision
has not been constructed within the referenced subdivision. This gravity sanitary sewer
main was to flow east and south along the east extension of Westland Drive to a gravity
sanitary sewer main previously constructed in Triple Creek Drive. This sewer main
would provide gravity sewer service to approximately 39 residential lots in Spring Creek
Estates in addition to the proposed lots within Aspen Creek Subdivision along the
extension of Shang Draw Drive.
The city public works department prefers the installation of the gravity sanitary sewer
main within the proposed right-of-way of the extension of Shang Draw Drive. The city
would accept a 20-foot wide sanitary sewer easement to be abandoned for the street
right-of-way upon filing of the final plat for Aspen Creek Subdivision. In addition, the
city would require an all weather surface (pit run gravel) for maintenance vehicle access
to the sanitary sewer manhole(s). In lieu of the gravity sanitary sewer main, the city
would accept a small submersible grinder sewage pumping station with emergency
power supply located on the property of Spring Creek Estates.
If you have any questions, please do not hesitate to contact this office.
Sincerely,,
Frank Castles, P. .
Deputy Public Works Director/Assistant City Engineer