Loading...
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