Loading...
3. Resolution 5105 - Evergreen Sewer and Water Connection - Bernard's Park SubdivisionA RESOLUTION REGARDING THE PROVISION of MUNICIPAL SEWER SERVICES TO o S 3 AND PORTIONS of LOTS 4,5 AND 6 of BERNARWS PARK WHEREAS, Gerard Gilbert owner of that certain real property located outside municipal boundaries and in Flathead County, Montana and more particularly described as Lots 3 and portions s of Lots 4, 5 and 6 of Bernard's Park subdivision, according to the map or plat thereof of record in the Office of the Clergy. and Recorder, Flathead County, Montana, and hereafter referred to as "'Bernard's Park", 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 i terlocal agreement between the City of Kalispell and the Flathead County Sewer District No. 1, Gerard Gilbert has rude his request to the City of Kalispell for permission to connect Bernard's Park to the Evergreen sewer conveyance system; and WHEREAS", emard's Park is located wholly outside the city limits of Kalispell and wholly outside the Evergreen Sever RSID boundariesbut within such proximity to the Evergreen sewer conveyance lines that it may be feasibly served by the Evergreen sever conveyance system; and WHEREAS, by Resolution No. 5103 the City established an interim policy approving the usage of the Evergreen sever conveyance lines for properties outlying the Evergreen RSID, such as Bernard's, so long as such usage does not increase the total daily flow used by all such properties to more than. 1.50,000 gallons. NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY of KALISPELL AS FOLLOWS SECTION I. The Kalispell City Manager is authorized to give the City's permission to Bernard's Park to connect to the Evergreen Sever District so long as the o lowing conditions are met: . The sever gallon flow requirements of the subdivision must not increase the total daily flow through. the Evergreen sever conveyance system used by all properties outlying the Evergreen RSID to more that 150,000 gallons per day; and . The landowner must agree to construct the sever infrastructure i compliance with City and Evergreen standards and with necessary stub -- out facilities to meet future connection requirements-, ents-, and The landowner must execute waivers of right to protest annexation for all parcels; and . The landowner 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 to Further agree, if required by the City Council, to enter into an annexation district agreement; . City of Kalispell and. Evergreen must enter into an agreement stipulating that in the evert that the City of Kalispell ever serves the subdivision with a separate sever 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 Y THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL,, THIS 2 ' AY of MARCH 2006. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk .dater &Sewer 1)istrlct 130 Nicholson Drive a Kalispell, MT 59901 Phone: -5861 arc: 5 - April 7, 2005 James H. Patrick, City Manager City of Kalispell P.O. -fox 1997 Kalispell, MT 59903-1997 Re: Lot 3 and a portion of Lots 4, 5, and. 6 of Bernard's Park Subdivision Dear Mr. Patrick: This letter acknowledges receipt of a copy of your letter, dated March. 2 , 2005, to .fir. Steve Middleswortb. (copy attached.). The subject property i.s located outside the boundaries of the Interlocal Agreement, which coincides with the boundary of Flathead County RSID #132. Flathead County water & Sewer District 41 �. ver ree .strict is prohibited, under the Iteriocai Agreement with the C11y o Kalispell, from using its reserved treatment capacity, for property outside of the RSID boundary. Historically, by agreement with the City of Kalispell, the properties erties located o .ts1 e the boundaries of the Into local Agreement that are presently served by the Distriet's sewer service are not considered part o the treatment capacity reserved to the I istr'ct, but rather under the general reserve capacity of the City o Kal.is eii. The District is aware of the concerns of the City and its Council that it is not acceptable to continue allowing the District to serve properties outslde the boundaries of the Interiocai Agreement customers of the District, but using the City of Kalis ell's reserved ca ac.1ty. In the interest of general health co.nsIderations, the District is prepared to serve properties outside the nterlocal Agreement/RSID boundary, by express agreement with the City of Kalispell that the property served would be under a ditto .ai treatment capacity granted to the I istrIct by the City of Kalispell. trust if you .have any questions, you vi.li not hesitate to give .tee a call. Sincerely', .- j Robes Struck t str . t Mara & RSt s cc: Steve 1i.dleswort. - ": �� ,� r,-,,.✓ ate• +e":.:< C1,0ty of Kalispell x.<...=>m:.,v... - Fax - $ ���t ffi� March 24, 2005 Mr. Steve Middesworth NoDoubt LandCompany/Gerald Gilt o Box 10962 1075 N. Median R Kalispell, MT 59904 RE: Lot 3 and a portion of Lots 4, 5, and 6 marXs Park Subdivision Dear Mr. Middlesworth, We have reviewed your request to allow Evergreen Water and Sewer District to serve these lots using Evergreen sewer capacity and hereby approve your request. If I can be of farther assistance, please donot hesitate to contact me. Sincerely, amen H. Patrick City Manager cc.: Evergreen Sewer and Water District 2/25/05 o; Jim ��._ ��� M�', City KA pe l.. .from: Stove Milvor — Noat Lana Company/Gerald Gilbert RE: Lot 3 an a.portion of Lots 4, 5 .and. 6.Bemard's Park.subdivision Gerald Gilberts a client of mine and is an absentee over of the above mentioned property. This property is an island in the Evergreen Water and Sewer District. (See attached map). In a recent conversation with Evergreen. Sewer and Water, Mr. Gilbert was told they would be willing t extend service to these lots, using their capacity. However; they say they needed authorization from the City of Kajivefl- to. do so.. Therefore, consider this a fonnal request for such a tho zati . -needs to be -an -agenda. item for the. city cauucil,.:please.. tet me. know..and... i. appear on -Mr. Gilbert"Gilbert"s behalf You. c= rind to us zs Mows: Steve Middlesworth, Broker NoDoubt Land Company -PD. - Box 10962 Kalispell, MT 59904 Cell phone-f4-06) 253-8886 Graff Gilbert 29505 Dream Way uso.. MT 59846. Phone Sincerely, 3 t f Steve Miieswort. `N'��` DDT � '�� Edian Road 904 4 0' :-56 Toll f r--6 1 -3 ma'H x nod nwj b,�.Prnont. skvuS - 'II J le TH IS MAP is PREPARED ONLY FOR I HE ADMINISTRATNE USE CF FLAThEAD C AND &- I t A OUN, RMRESENTATION OF LOB OR EXISTENCE OF T-P 'CTS OF RECO'�D, TH-LIR BOUN iL BL 7 Aw La J3 LA - LOT 12 10 1 0 LOT 4 7 T, 3 co WDS PARK 1A a.- 5E 6F FM 3 A 3CS 13 s "Mo OF Lar 16 13 c p 6IL N DED 20 THIS SKETCH IS FURNISHED FOR 5 '2 INFORMATION PLJRPrJSES ONLY TO PROPE13Ty ASS N t�fj T[J [3 IS IN STREETS A EFERENCE T ER PARCELS NO IWO REPRESENTATI() J&MAD&AS 7 AND STERLING Iva, ASSUMES, FOR ANY LOSS ()Cf�URRING ty REASON W 011 OF RELIAII j 3H, 4HA awl IDS MIX 94, 7 6 3 D si 3m Val 0I lfp WI + 2A+ Awl Oro, low PAR NX PARK 2A + LOT 10 2A+