Loading...
CorrespondenceAugust 16, 1999 Glen Neier City Attorney P.O. Box 1997 Kalispell, MT 59903 City Council of Kalispell City Hall Kalispell, MT 59901 Re: Ron Pack's sewer line in vicinity of Greenbriar Subdivision Dear Glen and Council Members: In confirmation of the conversation between you, me and my attorney this afternoon, enclosed please find a brief explanation with a rough map dealing with my proposed sewer development. I am submitting this information to you in view of the fact that it was indefinite when the work session would commence and today, Monday the 16th day of August, I am not feeling well and thus cannot sit and wait at the City Council meeting for the work session meeting. MAP ORIENTA'nON - The map I am presenting to you is a blow-up of the State of Montana right-of-way map showing the bypass west of town, through my properties west of Corporate Avenue and North of Highway 2. 1 have attached a very rough drawing of the properties that I own which lie adjacent to but north of the highway map. As you are aware, although this highway map reflects the approximate course of the highway, since this map was done the actual highway course has changed. We are not sure when the final highway layout will be "etched in stone." The property on the map marked in yellow starting at the bottom of the page reflects my properties as they existed. The square parcel lying to the west through which the highway cuts directly through the middle, was a I 0-acre parcel acquired by me some time ago, and which I had planned to develop. In addition, the other properties shown in yellow are properties Wmik-uh belong to me. The property with the yellow lines marked through it is the property I have recently sold and is the property subject to the sewer dispute between myself and the City. Originally, before the bypass became an issue, I had contemplated and had building permits to build a sewer line commencing at U.S. Highway 2, that is at the very bottom right-hand comer of the map, across that area now marked in pink which the highway is taking, up the boundary as appears through the dotted blue lines, to and through the I 0-acre parcel, half -way across the 10- acre parcel to its northernmost boundary, back to my boundary line as reflected by the dash lines, and then north to connect with the sewer main servicing the pump station. The actual sewer main and pump station that I installed several years ago which is sub ect to the agreement, is marked with a solid blue line and the letters P.S. at the top of this exhibit. Due to the bypass we abandoned the sewer line as marked with the dash lines. Now, as a result of the highway bypass, what use I am going to make of the remainder of the I 0-acre parcel lying north of the highway, and how I am going to provide that with services, and also service some of those properties adjacent to the Greenbriar Subdivision is unknown at the current time. I do not know whether I will be able to obtain commercial zoning, multiple -family zoning, business zoning, or what kind of zoning will be allowed after the highway is complete, or after it is specifically delineated so that I know exactly what my remainders are. I do know, however, that any city sewer and other services due to the effects of gravity from those properties, will have to course in either a northerly direction, or directly easterly through a pumping set-up. When I first built the existing pump station and sewer system, it was my concept that this area would be developed and that I would utilize the pump station to do so. That is why I built the pump station with such tremendous capacity -- much more than was needed for the Greenbriar subdivision, in order that these areas which need be served by gravitational service could utilize that capacity. That was the whole basis behind the agreement. As indicated above, I am not sure what I am going to do with the balance of the I 0-acre parcel, but if the City allows me to put in the sewer line from the property marked with the dash lines along the lines that I have proposed, and running north to that sewer line, then in that case I can use gravitational flow to service those two small triangles that the highway has left for me to fin-ther develop. If I cannot service in that fashion, i.e., if the City insists that the parcel marked with the dash lines must be serviced directly easterly, then the only way I can service my two parcels is to either put in additional pump stations to pump to the line I place on that parcel (which means I will have to cross the property of the new owner and at least one other place), or two, I will then also have to develop either a very complex puraping system or an additional line down the dotted line on the property I own north of the properties. This more than doubles the expense I am facing in developing a very small remainder of property. This was not the plan. I have proposed and you have seen a "wish book", a plan of what might be done with the parcels left as a result of the highway condemnation. Obviously this is not final. Obviously I am not inclined to have this at a public meeting where it can be subject to public scrutiny, until 1) we are assured that the highway right-of-way is fully established and locked in stone, and 2) 1 have any concept fully engineered and in such fashion that I can present same for subdivision review or other environmental considerations whatever they might be. The fact remains, however, that the only way to develop these parcels in an economically reasonable sense for me the landowner, is to set up a service line to my sole properties with all the characteristics of a main line, in order that it is feasible for me to hook these properties to that line and serve the same with that line. To do otherwise will cost tremendous amounts of money. I own all the land involved. We are not running sewer lines across properties I do not own. I own more than sufficient capacity in the pump station to service those lines. In short the City, by taking the step they are taking, is costing me tremendous money, is adopting a plan which is questionnable engineering -wise, and is forcing me the landowner to abandon my use of my rights under the contract. The City is not following their own regulations and looking at the general overall development. They are looking only at the development of this one lot which I have recently sold, and are not looking to a comprehensive plan for development of the whole area. As to development of the whole area, I can assure you I did not buy the original 10 acres and the rest of the land just north of that, to stand on my porch, look at same and admire the sun rising and setting over this property. I bought this property for the purposes of commercial development of some sort, whether it be apartments, corporate headquarters, or other such uses. I have an idea to develop my properties. It is my desire to develop these properties. I have shown you a "wish book" plan for possible future development. The properties would be developed now but for ihe bypass. The City, by insisting that the sewer on the lined parcel be put in under existing water lines directly to Corporate Avenue and rejecting my plan, will force me to utilize a pumping station or additional sewer mains at tremendous expense, making much of my property undevelopable, and precludes a reasonable, progressive, economic and careful development of my properties. I request that the City Council authorize me to place the sewer line on my property to service this property in accord with my plan. If you have any questions, either I or my attorney, Lee Kaufman, can most probably answer them. Best regards, Ron Pack 11- ME- MEMORANDUM August 16, 1999 0 To: Chris Kukulski, City Manager From: Jim Hansz, Director of Public W rks Subject: Sewer in Corporate Drive For quite some time we have been working with the developer of the Westgate Senior project on Corporate Drive. For several weeks now there has been some misunderstanding regarding the ready availability of sewer to the parcel, and the possible need for a new sewer to serve the development. Mr. Amerman prepared the attached memo outlining the situation. When the parcels on Corporate were platted for development a sewer was installed in Corporate Drive to serve them. The Westgate Senior project is on the west side of the road, and a sewer main runs the entire length of the property. A sewer service wye was installed on the main for this parcel. Mr. Amerman's photographs show these relationships. As this information clearly shows there is no need for a new sewer to serve this parcel or any other parcel on Corporate Drive to the extent that it is presently developed. The point at issue is the claimed need for a new sewer extending from the south side of the parcel, then west a distance, then north to eventually tie into the sewer system that serves Greenbriar and from there to the lift station. Th.is lift station then pumps the sewage back up the hill to discharge into a manhole directly in front of the Westgate Senior property where it then flows by gravity to the City WWTP, past the existing sewer wye installed to serve the Westgate parcel. After reviewing the proposal for the new sewer, it was apparent that the sewer was not needed for the stated purpose. To the contrary, the sewer's primary function would be to serve a large area of property to the north for which there is no development plan, as required by MDEQ regulations and a number of Kalispell regulations and ordinances. In summary, an existing sewer can serve the Westgate Senior project, and any new sewer to an undeveloped area would need to be preceded by a comprehensive development plan, engineered design and review and approval by the State and the City. Mr. Pack and the engineer have been informed of these requirements. Post Office Box 1997 - Kalispell, Montana 59903-1997 -- Telephone (406) 758-7700 - FAX (406) 758-7758- FAPR%lIq=�F UN MEMORANDUM To: Jim Hansz Director of Public Works/City Engineer From: Dick Amerman Assistant City Engineer Date: Auguii 16,1999 Re: Westgate Seniors Development, Sewer Main in Corporate Drive Bret Birk, Consulting Engineer for Koa Development has submitted an Engineering Report and plans for the referenced project. The proposed development is on the west side of Corporate Drive and at the north end. There is an existing sewer main in Corporate Drive that runs in fi7ont of the subject property and then flows by gravity to our treatment facility. The sewer main can serve the entire piece of proper .ty by gravity flow, even though the service piping will be fairly shallow at the noi-thwesterly.comer. The development will consist of twelve (12) duplex units and a community building. Mr. Birk's design has two of the duplexes connected to the sewer in Corporate Drive, and the sewer for the rest of the project flows 740 ft. north to an existing gravity sewer which flows to a fift station. The force main for the lift station empties into a manhole at the northeasterly comer of the Westgate property. The sewer system, as designed by Mr. Birk, is intended to serve not only this property, but the property to the north and west. There is no development plan for these properties, and hence, no engineering data to support a design. Our design standards require a development plan and an engineering report that supports a design. The State's Design Standards for Wastewater Facilities also requires a development plan and an engineering report. (CONT.) Post Office Box 1997 - Kalispell, Montana 59903-1997 -Felephone (406) 758-7700 - FAX (406)758-7758 The following photograph was taken looking southwesterly at the manhole at the northeast comer of the property: I have reviewed Mr. Birk's design and determined that all of the property can be served by the sewer main in Corporate Drive. It makes no sense to have the sewer from this project flow north several hundred feet and then pump it right back to the fi7ont of the property. I have asked Br. Birk to re- design the sewer so that all flows are to the main in Corporate Drive. The flagged stake in the photo below marks the sewer service for the property. RST NATIONAL BANK March 13, 2001 City of Kalispell RE: Irrevocable Letter of Credit No. 01-0313 Ronnie Pack/Westgate Subdivision Expiration Date August 15, 2001 Gentlemen: We hereby establish in your favor our Irrevocable Letter of Credit No. 01-0313 in the amount of "THREE THOUSAND ONE HUNDRED EIGHTY SEVEN AND 501100** U. S. Dollars ($3,187.50). This Letter of Credit shall remain in force and available by your drafts in part or whole, at our office, Montana First National Bank, 85 North Main Street, Kalispell, MT. 59901, until expiring at close of business on August 15, 2001, and certifying the following: a. That the creditor guarantees funds in the sum of $3,187.50, which represents 125% of the estimated cost of completing the required improvements in Westgate. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immec��Y- and without further action, such funds as are necessary to finance the completion- dsb improvements up to the limit of credit stated in the L&f6ri-�&f Credit. ffiA t National Bank o'W F. p 0. BY: Tom Weaver, President TW/sk 85 North Main - RO. Box 1996 - Kalispell, MT 59903 - (406) 755-9999 - Fax (406) 755-1534 CD - k1) �6 CD 't X CN Lf r� CD ON ON I 41 40 carver Engineering, Inc., Consulting Engineers Civil Structural Environmental May 10, 2001 Chris Kukulski, Manager City of Kalispell PO Box 1997 Kalispell, MT 59903-1997 Re: Westgate Subdivision - Subdivision Improvement Agreement Release of Security Dear Mr. Kukulski: We are submitting an updated version of Exhibit "B" of the Subdivision Improvement Agreement for Westgate Subdivision that shows all work has now been completed. On behalf of the owner (Ronnie Pack), we are requesting the release of security ($3,187.50) being held for the completion of remaining improvements. The remaining improvements consisted of planting of trees along the boulevards, and although 17 trees were included in the Subdivision Improvement Agreement, the owner planted 20 trees along the Westgate Subdivision boulevards and another 11 trees along the Westgatq,, S'�Pior > C--- Apartment boulevards. All trees are 1-1/2" caliper Norway Maples. r- Please feel free to call if you have any questions. M M M Sincerely, < M E, CD X- CARVER ENGINEERING, INC. e---rao (;1�11 Tom Cowan, P.E. EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED WESTGATE SUBDIVISION PRIVATE ROAD NORTH OF LOT 4 COMPLETED TO DATE 3-May-01 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY OMPLETE TOTAL COST COMPLETED 101 Unclassified Excavation C.Y. 720 $ 3.25 $ 2,340.00 720 $ 2,340.6-0- 102 Select Sub -Base, 3" (-) Pit Run Gravel C.Y. 535 $ 8.00 $ 4,280.00 535 $ 4,280.00 103 Crushed Base, 3/4" Crushed Gravel S. F. 9,680 $ 0.20 $ 1,936.00 9,680 $ 1,936.00 104 Hot Plant Mix Asphalt S. F. 8,572 $ 0.75 $ 6,429.00 81572 $ 6,429.00 105 Curb and Gutter L.F. 586 $ 7.00 $ 4,102.00 586 $ 4,102.00 106 Sidew Ik (5' Wide) - North Side of Road S. F. $ 3.00 $ 3,975.00 1,325 $ 3,975.00 iSUBTOTAL ITEMS 101 - 106 1 -��1,32�5 1 $ 23,062.00 1 $ 23,062.00 MISCELLANEOUS WORK Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY OMPLETE TOTAL COST COMPLETED 201 5' Sidewalk (West Side Corporate Way) S. F. 2,590 $ 3.00 $ 7,770.00 2590 $ 7,770.00 202 Boulevard Trees EACH 17 $ 150.00 $ 2,550.00 17 $ 2,550.00 SUBTOTAL 201 - 202 $ 10,320.00 $ 10,320.00 ITOTAL CONSTRUCTION COST 1 $ 33,382.00 1 1 $ 33,382.001 TOTAL ESTIMATED COST OF CONSTRUCTION $ 33,382.00 AMOUNT COMPLETED PRIOR TO BONDING $ 33,382.00 AMOUNT OF REMAINING WORK AMOUNT OF BOND (125% OF REMAINING WORK) AMOUNT OF WORK COMPLETED TO DATE 33,382.00 PERCENTAGE OF WORK COMPLETED TO DATE 100% AMOUNT OF WORK REMAINING ORIGINAL BOND AMOUNT 3,187.50 AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK) $ - BOND AMOUNT TO BE RELEASED $ 3,187.50 AMOUNT PREVIOUSLY RELEASED $ - AMOUNT TO BE RELEASED AT THIS TIME 3,1877i7O AS ENGINEER OF RECORD FOR WESTGATE SUBDIVISION, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION & OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 33,382.00 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES & FEES IS ESTIMATED TO BE: $ - SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $3,187.50 THOMAS )k,>17,Ny,�F *ALL IMPROVEMENTS SHALL BE COMPLETED BY JUNE 15, 2001 THOMAS 101. EXHIBIT "B" -A GOWAN WESTGATE SUBDIVISION 1032 RE. 2`7 1" LETTER OF CREDIT CERTIFICATION 5/3/01 1 OF I PAGES rE' City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 June 1, 2001 Tom Cowan, P.E. 1995 Third Avenue East Kalispell, MT 59901 Dear Mr. Cowan: Enclosed is the Letter of Credit, No. 01-0313, submitted for the Westgate Subdivision. I apologize for the delay in returning it to you. If you need any additional information, please don't hesitate to contact me. Sincerely, Theresa White City Clerk enclosure BANK' March 13, 2001 City of Kalispell RE: Irrevocable Letter of Credit No. 01-0313 Ronnie PackfWestgate Subdivision Expiration Date August 15, 2001 Gentlemen: We hereby establish in your favor our Irrevocable Letter of Credit No. 01-0313 in the amount of "THREE THOUSAND ONE HUNDRED EIGHTY SEVEN AND, 501100** U. S. Dollars ($3,187.50). This Letter of Credit shall remain in force and available by your drafts in part or whole,, at our office, Montana First National Bank, 85 North Main Street, Kalispell, MT. 59901, until expiring at close of business on August 15, 2001, and certifying the following: a. That the creditor guarantees funds in the sum of $3,187.50, which represents 125% of the estimated cost of completing the required improvements in Westgate. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City imme A�jy cA and without further action, such funds as are necessary to finance the compj improvements up to the limit of credit stated in the LM I t National Bank BY: Tom Weaver, President TW/sk MA R 2001 IU' V F. it 1> 0. 85 North Main e RO. Box 1996 e Kalispell, MT 59903 - (406) 755-9999 - Fax (406) 755-1534