H.6. Ord 1823 - Encroachment in Public ROWPublic Works
201 P Avenue East
PO Box 1997
Kalispell, MT 59903
Phone: 406-758-7720
www.kalispell.com /public works
MEMORANDUM
To: Doug Russell, City Manager
From: Susie Turner, Public Works Director
Re: Ordinance 1823, Amending City Code Regarding Permitting Private
Encroachments in Public Right of Ways
Meeting Date: February 19, 2019
Background: A business in the east downtown area is in the process of remodeling their
building. During the engineering phase of the remodel, it was discovered that several
groundwater sump pumps were connected directly to the City's sanitary sewer system. The
business was made aware of the regulation against discharge of groundwater to the sanitary
sewer system and they are actively trying to meet City Code as part of the remodel. As
conditions have it, the nearest stormwater system is one block to the east of the business location.
Due to several circumstances including location and the amount of ground water, it is not
conducive to pump the water to the curb and gutter. As such, the only other alternative for the
business, at this time, is to install a small private utility pipe in City right-of-way (ROW) and
pump the groundwater to the nearest stormwater catch basin.
After reviewing City Code related to encroachment for private utilities, City staff is
recommending an update to Kalispell Municipal Code Chapter 24, entitled Streets and
Sidewalks, to ensure that the purposes of the regulation and the interests of the public are being
properly served.
The Code language for allowance of private encroachments in the ROW did not speak to
conduits or piping, and was vague on the authority to approve any encroachment within the
ROW. The proposed code language updates the list of potentially allowed encroachment devices,
along with establishing a permitting process through the Public Works Department.
RECOMMENDATION: It is recommended that Council approve the first reading of Ordinance
1823, an Ordinance amending Section 24-64 Regulations Generally, to update the regulations for
permitting private encroachments upon public right -of way.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance No. 1823
ORDINANCE NO. 1823
AN ORDINANCE AMENDING ORDINANCE NO.779 § 4 CODIFIED AT CHAPTER 24 OF THE
KALISPELL MUNICIPAL CODES ENTITLED STREETS AND SIDEWALKS REGARDING
THE PERMITTING REQUIREMENT FOR PRIVATE ENCROACHMENT UPON THE PUBLIC
RIGHT-OF-WAYS IN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which
regulate private encroachment upon the public right-of-way within the City of Kalispell be
reassessed and updated from time to time to ensure that the purposes of the regulation and
the interests of the public are being properly served; and
WHEREAS, pursuant to Kalispell Municipal Code Chapter 24, entitled Streets and Sidewalks, the City
of Kalispell regulates the private use encroachments upon the public right-of-ways for the
purpose of ensuring that the public safety and welfare in the public right-of-ways of the
City are not compromised by such private use; and
WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 24 set forth in
Exhibit "A", attached hereto, are necessary and proper to protect the safety and welfare of
the public using the public right-of-ways in the City of Kalispell.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in
Exhibit "A", attached hereto and incorporated fully herein by this
reference.
SECTION 2. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL THIS 4TH DAY OF MARCH, 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
24-64 Regulations Generally.
No private signs, eaves, marquees, transmission lines, within or without a conduit or pipe, or
similar devices will be allowed to encroach on the pie up blic rights -of -way of this City
within the incorporated limits, except as provided herein and then only by agfeet permit
issued by the City of Kalispell Public Works Department. r e „*h,,fi fies and fe ,.able on
*'�i3�s' written netiee to the zapplieant. No gainful private or commercial use of the
public right-of-way will be allowed except by permit issued by the City of Kalispell Public
Works Department and as allowed by the Kalispell Municipal Code. , fro mpl-e