03/07/01 Hansz to Kukulski/Additional PUD CommentsCity of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 - FAX (406) 758-7758
MEMORANDUM
March 7, 2001
To: Chris Kukulski, City Manager
Glen Neier, City Attorney
From: Jim Hansz, Director of Public Works
Subject: Additional Comments of Mountain View Plaza PUD Agreement
I recommend consideration of the following language to be inserted in place of the present
paragraph 4.01 (C):
Developer may be entitled to reimbursement of a portion of the costs of
installation and extension of water and sewer utilities from future users who
connect to extended water and sewer facilities. Costs shall be recovered through a
developer's extension agreement and will be subject to the following conditions.
1) No reimbursement will be allowed for any costs associated with meeting the
utility requirements for development of the Subject Property. These costs shall
be determined by the developer's engineer and shall be submitted for review
and concurrence by the Director of Public Works. Said costs shall be the actual
costs of construction, inclusive of engineering and inspection costs, and shall
be submitted as specified within thirty (30) days of substantial completion of
the work.
2) No Reimbursement will be allowed for any costs of extension of water and
sewer facilities, or increases in size thereof, for which the City has agreed to
provide reimbursement as described elsewhere in this agreement.
3) Costs associated with extensions of water and sewer facilities to future users
shall be determined by the developer's engineer and shall be provided to the
Director of Public Works for review and concurrence that said costs are
appropriate for reimbursement. Said costs shall be the actual costs of
construction, inclusive of engineering and inspection costs, and shall be
submitted as specified within thirty (30) days of substantial completion of the
work.
4) A developer's extension agreement shall be prepared by the developer's
engineer and submitted to the Director of Public Works for review and
concurrence. The agreement shall identify the costs to be reimbursed, the
properties benefited by the extended utilities, and the proportionate cost to be
reimbursed by each benefited property upon connection to the extended
utilities. The agreement shall identify the recommended method for
apportioning reimbursable costs between the benefited properties. Said method
shall be the same for all properties. The term of this agreement shall not exceed
a period of five (5) years,
5) Upon concurrence, the Director of Public Works shall submit the proposed
developer's extension agreement to the Kalispell City Council for approval.
6) Future extensions by the City of utility facilities covered by this PUD
agreement shall not be subject to the cost reimbursement outlined in this
section.
I recommend the following language be considered for paragraph 5,01 (A).
(A)Modifications of this agreement and the attachments hereto which are deemed
by said Site Review Committee to be minor modifications shall require only the
consent of the Site Review Committee and shall not require the consent of the City
Council or any other public agency. Said minor modifications shall include, but are
not limited to adjustments in size, location and orientation of specific building sites
or other facilities and amenities provided that said minor modifications do not alter
the total developed area or number of sites or amenities as shown on the Master
Site Plan.