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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