2. Resolution 5104 - Evergreen Sewer and Water Connection - Cottonwood EstatesRESOLUTION 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