Memo Neier/Irrigation Water ServiceOffice of the City Attorney
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
June 1, 1998
TO:
FROM:
RE:
Incorporated 1892
Jim Hansz, Public Works Di
Glen Neier, City Attorney
or
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
Irrigation Water Servicd aj1 Buffalo Commons
I am in receipt of your memo wed May 26, 1998, in which you
request information regarding irrigation service at Buffalo
Commons. I have reviewed the memo, as well as the material on
Sprinkling Service. I agree that the Regulations do not
specifically address the Buffalo Commons situation. However, I
further agree that it is puzzling why we would require park like
landscaping in developments while denying the developments water
service for sprinkling.
Buffalo Commons is a Planned Unit Development reviewed in total by
the City Council. The covenants on Buffalo Commons approved by the
Council provide for the type of planting allowed and a method of
assessment for maintenance of the Common Areas within the PUD.
Buffalo Commons was not required to give the City any park land or
a fee in lieu of because of the developers commitment to create the
Common Area and maintain the same.
Further, while it may be a matter of semantics, I don't necessarily
equate sprinkling of green areas within subdivisions with
irrigation. Irrigation to me connotes something more than
sprinkling for aesthetic purposes within established subdivisions.
It would seem to me that where subdivisions, or in this case a PUD,
has provisions within the covenants or other documents approved by
the City for the maintenance of, and assessments connected with,
common areas, we should be able to provide the sprinkling service
without applying a strict interpretation to the regulations or
requesting a Council change.