3. Waiver of Engineering Standards - Cottonwood Estates201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
www.kalispelleom
REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Cottonwood Estates Request for Waiver of Engineering Standards
MEETING DATE: June 15, 2009
BACKGROUND: The City of Kalispell and the Evergreen RSID have reached mutual
agreement on the provision of sewer services to development projects outside the service area
boundary of the RSID. Service may be provided with City consent and this consent will be given
if the new facilities are constructed to City standards. The Cottonwood Estate subdivision lies
east of Helena Flats Road just outside the RSID boundary. Carver Engineers, representing the
developer (and also the RSID as its engineer) have submitted a sewer system design for the
development that does not meet City standards. Evergreen has modified their standards so as to
allow this type of system to be installed. City standards do not include this type of system used
in this manner. The conventional gravity -style system with centralized pump stations employed
by the City is not acceptable to the RSID for use in Cottonwood Estates where high groundwater
is present. Carver Engineers has requested a waiver of City standards to allow use of their
proposed sewer design for Cottonwood Estates. The RSID would operate and maintain parts of
the system.
The Public Works staff has carefully reviewed this request. The proposed design is a
significant deviation from City standards that we believe places a unwarranted operational
burden on the individual homeowner in the development. We believe this is not consistent with
the method of operation the City has chosen for its municipal utilities and that it would reflect a
lower level of service than it generally provides to the other rate payers.
Further, the waiver asks for relief from a requirement specifically established by the City
Council, and agreed by Cottonwood Estates, as a condition for providing service to the
development because this development infrastructure could potentially become part of the City.
As a result, the staff does not recommend approval of this request.
ACTION REQUESTED: In order to conclude action on this matter, staff is asking the City
Council reject the waiver request.
Respectfully
y
7�n. s C. Hansz. ebb
Director of Publie Work rty Engincer Interim City Manager
Attach: Carver Engineering Request
Staff correspondence
Resolution 5104
Cottonwood Estates Agreement
rmm Carver Engineering, Inc-.
June 9, 2009
Jim Hansz, P.E.
City of Kalispell PWD
PO Box 1997
Kalispell, MT 59903-1997
Consulting Engineers
Civil
Structural
Environmental
Re: Request for Waiver - Proposed Sewer System for Cottonwood Estates
Dear Jim:
In a letter from Paul Burnham dated June 8, 2009, Paul reiterates the City's position
first pointed out in a May 11, 2009 letter to Roberta Struck, Manager of Flathead
County Water & Sewer District #1 (Evergreen), and then again at a recent meeting
with the City, District and representatives of Cottonwood Estates, that Cottonwood
Estates is apparently not an appropriate application for a low pressure grinder pump
system. Paul indicates in his June 8, 2009 letter that, "The grinder pump sewer
system does not meet City standards in this application, for various reasons outlined
in our previous letter dated May 11, 2009."
In his June 8, 2009 letter, Paul recommends that we formally request a waiver of
City standards and that the Public Works staff will present this request to the City
Council and then follow their direction. On behalf of the owners/developers of
Cottonwood Estates, this letter is intended to serve as a formal request for waiver.
In Paul's letter, he asks that we address the following items in our request for
waiver:
1) document specifically what you are requesting,
2) explain why Flathead County Water and Sewer District #1 restricts the
use of a gravity main and lift station system in this case, and
3) describe your justification for building a non -City standard sewer system
1) The owners/developers of Cottonwood Estates are requesting that a low
pressure grinder pump system, using individual Environment One (E/One)
grinder pump systems and 1-1 /4" HDPE service lines on each lot, with 2", 3"
and 4" HDPE force mains, cleanout/flushing manholes and a metering
manhole in public rights -of -way, be permitted by the City of Kalispell for
Cottonwood Estates, Phase 1 and subsequent phases of Cottonwood
Estates. This type of sewer system is being proposed because Flathead
County Water & Sewer District #1 (Evergreen) rejected an earlier design
consisting of gravity sewer mains and a single duplex lift station, with 17 lots
to be served by individual grinder pumps and small diameter force mains.
Page 2
Cottonwood Estates
June 9, 2009
2) The District rejected the initially proposed sewer system design because a
significant portion of the gravity mains, manholes and lift station wet well
would be in groundwater all, or part of, the year. They have experienced
significant I & I problems in their existing gravity collection system in this
general area and they do not want to add to those problems.
As suggested by Paul in his May 11, 2009 letter, we looked at a more
centrally located lift station and ran 8" gravity mains to that location trying to
keep the gravity mains as shallow as possible (not less than 4 ft. to invert)
and running them at a minimum grade of 0.40%. Although we ended up with
a more shallow installation than the initial sewer system design, some parts
of the system would still be partially in or completely submerged in
groundwater during part of the year. We also ended up with the 17 lots that
would have to be served by grinder pump systems and small diameter force
mains. The District still did not like the fact that a portion of the system would
be in groundwater and thought the subdivision would be better served by the
proposed low pressure grinder pump system.
3) We are proposing a low pressure grinder pump system because we feel it
is the best type of wastewater collection and conveyance system for this
specific area of Evergreen. Our primary intentions were to address the
concerns of the District and to overcome some of the physical limitations of
the project site. The system is virtually water -tight, meaning no I & I. The
system can also be installed at a relatively shallow depth (6 ft. to top of pipe)
throughout the subdivision which reduces deeper excavations into caving
gravel soils and groundwater, and the costs to the District for operation and
maintenance of the force mains within the roadways will be significantly less
than with minimum grade gravity sewer mains, manholes and a duplex lift
station.
We do not believe that the low pressure grinder pump system being
proposed for Cottonwood Estates is a "non -City standard sewer system". Our
only reference to established standards for sewer system design in the City of
Kalispell is the City's Standards for Design and Construction. We have read
the current July 2005 version of the Standards and we have read the version
of the Standards presently under consideration by the City. In neither version
is there anything that would indicate that a low pressure grinder pump system
is not acceptable in the City, nor is there anything that indicates that such a
system is acceptable. There is simply no mention of low pressure grinder
pump systems.
This matter was discussed with Paul when he delivered a copy of his June 8,
2009 letter, and he indicated that the Standards for Design and Construction
were guidelines and were not intended to address every detail. Paul
Page 3
Cottonwood Estates
June 9, 2009
mentioned that the City "Standards" relating to this situation were essentially
as outlined in his May 11, 2009 to Roberta Struck. Although not specifically
mentioned, the letter clearly infers that gravity sewer mains and, when
necessary, sewage lift stations are the preferred method of wastewater
collection and conveyance in Kalispell, and that grinder pump systems are
only appropriate in limited applications where an existing gravity sewer main
is available for direct connection.
Other comments or standards in his May 11, 2009 letter involved the lack of
backup power with grinder pump systems; the requirement to have individual
homeowners purchase and install the grinder pump units in which lack of
oversight could result in "varying quality of workmanship by multiple
contractors and homeowners"; the capacity limitations of low pressure grinder
pump systems for expansion and future service to other areas; and operation
and maintenance of the individual grinder pumping units. It was also pointed
out that a grinder pumping system with 16 EIOne pumping units and a
common force main was approved by the City for Granary Ridge along the
east side of Whitefish Stage Road.
These comments, along with additional comments somewhat critical of
grinder pump systems, were discussed with Paul in a May 15, 2009 meeting
with Roberta Struck, Andy Hyde and myself. Information or argument was
provided that addressed all of Paul's comments, including grinder pump
system capacity to withstand power outages up to seven (7) hours; system
capacity to provide limited expansion of service to other areas; District
oversight of individual grinder pump installations; and the operation and
maintenance responsibilities of the District, homeowner's association,
contract maintenance providers and individual homeowners.
The owners/developers of Cottonwood Estates would greatly appreciate the City's
consideration of this Request for Waiver of City Standards. Referenced letters are
included with this Request for Waiver.
Sincerely,
CARVER EN7.'
ING, INC.
Tom Cowan, P.E.
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
June 8, 2009
Tom Cowan, P.E.
Carver Engineering, Inc.
1995 3' Avenue East
Kalispell, MT 59901
Re: Proposed Sewer System in Cottonwood Estates
Dear Tom:
As discussed in our meeting with you and the developer on June 4, 2009, the City does not
consider Cottonwood Estates to be an appropriate application for a grinder pump sewer system.
This proposed subdivision is outside the current City limits and outside the Flathead County
Water and Sewer District #1 service area. The grinder pump sewer system does not meet City
standards in this application, for various reasons outlined in our previous letter dated May 11,
2009. We believe our position on this is consistent with the City Council's policy guidance to us.
In the June 4 meeting you expressed your opinion that this subdivision faces only a remote
possibility of being annexed into the City, and therefore should not have to meet City standards,
but rather should meet Flathead County Water and Sewer District # 1 standards.
Our recommendation is that you formally request a waiver of City standards, and address this
request to Jim Hansz, City of Kalispell Public Works Director. The Public Works staff will
present this request to the City Council and then follow their direction.
If you choose to pursue this avenue, please include in the request for waiver the following items:
(1) document specifically what you are requesting, (2) explain. why Flathead County Water and
Sewer District #1 restricts the use of a gravity main and lift station system in this case, and (3)
describe your justification for building a non -City standard sewer system.
The next Council Meeting is on June 15, 2009. If you would like this item to be on the agenda
for this meeting, please provide your information prior to June 10, 2009. The following Council
Meeting is on July 6. Please call me if you have any questions regarding this issue.
Sincerely,
emailed and hand delivered June 8, 2009
Paul E. Burnham, P.E.
Assistant City Engineer
Public Works Department
Po-,[ 01'I1cc Box 1997. Kalispell. Moniana 59903-1997 - Telephone (406) 7-58-7720. Fax (406) 755-7831
May 11, 2009
Ms. Roberta Struck
Flathead County Sewer District #1
130 Nicholson Drive
Kalispell, Montana 59901
Re: Proposed Sewer System in Cottonwood Estates
Dear Roberta:
The City of Kalispell received a request to consider the E/ONE sewer system as an
alternative to a standard sewer system in the proposed Cottonwood Estates Subdivision.
While the E/ONE appears to be a well -functioning system, this is not an appropriate
application for this system.
The City of Kalispell manages a centralized sewer system of gravity mains, lift stations,
force mains, and a wastewater treatment plant. The City has allowed the E/ONE system to
be used in Iimited applications, where an existing adjacent gravity main is available for
direct connection. In the case of Cottonwood Estates, a gravity main is not available and
the E/ONE force main would be required to extend approximately one -quarter mile in a
public right-of-way before discharging. This force main would parallel an existing effluent
main owned on operated by the Flathead County Sewer District # 1. The City plans for and
operates sewer mains that have capacity for existing and future development. This varies
from the piecemeal approach of adding parallel lines to smaller areas of the system.
The City of Kalispell owns and operates gravity lines and lift stations within areas of high -
groundwater. These systems can be constructed to eliminate or decrease groundwater
infiltration. The lift stations provide a single point of operation and maintenance. The
proposed E/ONE system would have 91 points of operation and maintenance.
Lift stations within the City have automatic backup power in case of electrical power
failure. Diesel or natural gas generators with transfer switches provide this backup power.
The E/ONE system does not have centralized backup power and is subject to failure in the
event electrical power becomes unavailable.
The City requires developers to install sewer utilities for an entire development. This allows
the City oversight of the entire utility construction. Cottonwood Estates proposes to install
a portion of the E/ONE system (force main and services only), but abdicates the purchase
and installation of individual grinder pumps to each homeowner. This approach results in
varying quality of workmanship by multiple contractors and homeowners. This is not the
nature of a public utility.
The preliminary design and engineering for Cottonwood Estates includes the addition of
another 91 tots to the south of the proposed 91 lots. The proposed E/ONE system.
(specifically, the force main in Helena Flats Road) was designed to handle these additional
flows, but does not account for other future development. The City does not take this
approach to new infrastructure; new infrastructure must account for a larger planned fixture
development area. This large -picture approach allows additional development to utilize the
existing system. This eliminates the addition of unnecessary improvements that create
added costs and demands to the system operators.
The City does not recommend the use of the proposed system in this application. The City
recommends the elimination of basements in this area and the installation of shallower
gravity mains and a single lift station in the eastern portion of the development. The City
also recommends that the developer size the force main to accommodate flows from a larger
development area. There are various methods to allow for a larger force main during initial
low flow conditions. Please call me if you have any questions regarding this
recommendation.
Sincerely,
Paul E. Burnham, P.E.
Assistant City Engineer
cc: Tom Cowan, Carver Engineering, 1995 3`d Avenue East, Kalispell, MT 59901
Thomas J. Esch
Attorney at Law
Four Meridian Court
Kalispell, MT 59901
April 13, 2007
Jim Patrick
Kalispell City Manager
P.O. Box 1997
Kalispell, MT 59901
Re: Cottonwood Estates
Dear Jim:
Ph: 406 257-1957
Fax: 406 756-9554
At the direction of the City Attorney, this is a written request for permission
to receive municipal sewer service for Cottonwood Estates. This request has
been made before on May 20, 2004 and November 21, 2005 as the enclosed
letters show.
Also enclosed please find:
1. A written agreement to construct the sewer infrastructure in
compliance with City and Evergreen standards with
necessary stub -out facilities to meet future connection
requirements;
2. A waiver of protest of annexation for Cottonwood Estates.
My clients are anxious to meet with the Kalispell City Site Review
Committee and work towards the developer's agreement. Please let us know
when that meeting can take place.
Again we assert that Condition 5 of the Resolution 5104 has been met in that
Evergreen's Resolution 2503-3 commits to the conveyance of ownership of
the lines in the event that the City extends sewer lines to the subdivision.
Although we support the proposed interlocal agreement with Evergreen and
have communicated that support to Evergreen, the existing interlocal
agreement and resolutions have satisfied the conditions precedent and no
further agreement between the governments is necessary for this project to
progress.
We look forward to working with you and your staff to advance this project.
Sincerely,
t
r
Tom Esch
Enc.
cc: Cottonwood Estates
Certificate of Agreement to Comply
Comes now Cottonwood Estates, LLC through the below duly
authorized member of the Limited Liability Corporation, and
hereby certifies that it agrees to construct the sewer infrastructure
in compliance with the City of Kalispell and Evergreen Sewer
District standards and with all necessary stub -out facilities to meet
future sewer connection requirements.
Dated this
250 Second Street East
Whitefish, MT 59937
(406) 253-1225
of April, 2007.
RESOLUTION NO.5104
A 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
sewer; 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 system; 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 RSID, such as Cottonwood Estates, so long as such usage does not
increase the total daily flow used by all such properties to more than 100,000
gallons.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The Kalispell City Manager is authorized to hive 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 RSID to more that
100,000 gallons per day; and
2. The landowner roust 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
3. The landowner must execute waivers of right to protest annexation
for all parcels; and
4. The Iandowner 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
5. 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 sewer conveyance system, the ownership of lines
within the subdivision shall be conveyed to the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 27" DAY OF MARCH, 2006.
ATTEST:
Theresa White
City Clexk