2015 Trumbull Creek Phase 2 worksession materials
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Mayor Johnson and City Council
From: Doug Russell, City Manager
Re: Trumbull Creek Crossing, Phase 2
Meeting Date: March 9, 2015
BACKGROUND: Michael Anders of NW Dev Group, LLC, developer of Trumbull Creek
Crossing, Phase 1, has submitted a request to connect Trumbull Creek Crossing, Phase 2 lots 1-
21, to the City of Kalispell’s sewer system through the Evergreen sewer district. I have attached
his letter requesting this service, the plat of the development, and a waiver of protest to
annexation.
In 2004, Council adopted Resolution No. 5072 (attached to this memo), which authorized the
provision of sewer services for Trumbull Creek, Phase 1 (then known as Kelsey subdivision),
and using the Evergreen Sewer District for conveyance.
In 2007, Council adopted Resolution No. 5103 (attached to this memo), authorizing the provision
of up to 100,000 gallons a day of sewer service to be provided to locations outside of the
Evergreen Sewer District, yet using the Evergreen conveyance system. This policy established
the intent of the Council in 2007. It is under this resolution that Trumbull Creek is seeking
agreement for services under Phase 2. It is estimated that Phase 1 and Phase 2 together would
not reach this 100,000 gallon limit.
At the work session, we will review the request from NW Dev Group, LLC, review the past
resolutions, and answer Council questions regarding the proposal.
ATTACHMENTS: Request from NW Development Group, LLC
Resolution 5072, Kelsey Subdivision, Municipal Sewer Services
Resolution 5103, Interim 2006 Policy, Evergreen Sewer System Usage
RESOLUTION No, 5072
A RESOLUTION REGARDING THE DEVELOPMENT of KELSEY SUBDIVISION
AND PROVISION OF MUNICIPAL SEWED. SERVICES THERETO.
WHEREAS, the owner of that certain real property located outside municipal boundaries and
in Flathead County, Montana and more particularly described as Assessor's Tract located
in Section 2, Township 29 North, Range 21 West, and hereafter referred to
as Kelsey S hdivis. on. ", seeks to develop said property to an urban
density and has therefore applied for and received approvals to construct a Type -2
Septic system; and
WHEREAS, the Kalispell City Council is concerned that suchseptic systems may have the potential
to critically compromise the ground water quality of Flathead valley and therefore
believes that i
Design Standards; and 4 that the City of Kalispell and Fathead County eater into
an agreement stipulating that in the event that the City of Kalispell ever serves the
Kelsey Subdivision with a separate sever conveyancesystem, thereby severing; from
the Evergreen Sewer conveyance system, the owneirship ownership of the sever lines
within the subdivision shall be conveyed to the City.
NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL of THE CITY of
KALISPELL AS FOLLOWS:
SECTION 1. That in the event the owner of Kelsey Subdivision rakes such application.,
the City of Kal.sell directs the City Manager to provide the
necessary written consent to Kelsey Subdivision and to Flathead County
and Evergreen Sever RSID approving the construction of sewer lines
serving the Kelsey Subdivision to connect to the rains or services of
the collection system operated by the Evergreen Sever
RSID. SECTION ON 1. That the above - described written consent clearly indicate
that the conditions of the consent are that 1 such sewer
infrastructure be constructed in compliance with City and Evergreen standards; s;
and 2 the owner and developer of Kelsey Subdivision execute waivers
of right to protest annexation for all parcels; and 3 the owner
and developer of Kelsey Subdivision eater 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 4 that the City of Kalispell and Flathead County enter
into an agreement stipulating that in the event that the City of Kalispell
ever serves the Kelsey Subdivision with a separate sewer
conveyance system, thereby severing from the Evergreen Sewer conveyance system,,
the ownership of the sewer lines within the subdivision shall be conveyed
to the City. PASSED AND APPROVED BY THE CITY COUNCIL ANDSIGNED BY THE
MAYOR of THE CITY of KALISPELL,, THIS 17TH DAY OF OCTO
2004.
Pamela
B.
Kenned
Mayor
ATTEST:
Theresa White
City Clerk
RESOLUTION NO. 5103
A RESOLUTION ESTABLISHING AN INTERIM 2006 POLICY SETTING FORTH
THE TERMS OF USAGE OF THE EVERGREEN SEWER CONVEYANCE SYSTEM
BY PROPERTIES OUTLYING THE FLATHEAD COUNTY SEWER DISTRICT NO. 1
RSID NO. M.
WHEREAS, it is in the best interests of the Flathead County, the City of Kalispell and their citizens
and all others living in the Upper Flathead River Basin, that water quality of the shared
aquifer be protected by the utilization of municipal sewer whenever reasonably feasible;
and
WHEREAS, the City of Kalispell and Flathead County entered into an interlocal agreement on
July 25, 1990 in which the parties agreed to certain terms allowing the Evergreen
sewer conveyance system of Flathead County Sewer District No. 1 [Evergreen] to
convey its sewage to the Kalispell City Wastewater Treatment Plant [WWTP] for
treatment; and
WHEREAS, the terms of the above - described interlocal agreement established the upper limits
of sewage flow that Evergreen is allowed to convey to the Kalispell WWTP from
within its RSID and further provides that any properties outside of the Evergreen
RSID boundaries wishing to utilize the Evergreen conveyance system must first
obtain permission to do so from the City of Kalispell; and
WHEREAS, various property owners outlying the Evergreen RSID boundaries but within 500
feet of the Evergreen sewage conveyance system are requesting municipal. sewer
services for urban density development. These property owners are restricted by
the State of Montana from such urban density development without municipal
sewer service, unless such service is denied to them; and.
WHEREAS, the City of Kalispell is currently conducting a facility plan study in this
geographical area for the purpose of determining the best design for providing
utilities to the area and will have such study available for planning before the end
of the calendar year; and
WHEREAS, the City of Kalispell wishes to reasonably provide a policy and plan for providing
municipal sewer service for the above- described demand for the interim period
until such future facility and extension of services plan is completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. It shall be the policy of the City of Kalispell that it approve the usage of up
to a total of 100,000 gallons of sewage per day conveyed through the
Evergreen sewage conveyance system from properties located outside of
the Evergreen RSID with such sewer service provided to those properties
in which the owner agrees to l) construct the sewer infrastructure in
compliance with City and Evergreen standards and with necessary stub -
out facilities to meet future connection requirements; and 2) execute
waivers of right to protest annexation for all parcels; and 3) 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. This sewer service is further
conditioned upon the City of Kalispell and Evergreen entering 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.
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
Clerk