Miscellaneous1
A REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00
P.M. MONDAY, MAY 4, 1998, IN THE COUNCIL CHAMBERS AT CITY HALL IN
KALISPELL, MONTANA. MAYOR WILLIAM E. BOHARSRI PRESIDED. COUNCIL
EMBERS JIM ATKINSON, NORBERT DONAHUE, JOHN GRAVES, DALE HAARR,
DUANE LARSON, GARY NYSTUL, RON VAN NATTA, DOUG SCARFF AND CITY
ATTORNEY GLEN NEIER AND CITY MANAGER CLARENCE KREPPS WERE PRESENT.
Mayor Boharski called the meeting to order and led the Pledge of
Allegiance.
AGENDA APPRO
Gary Nystul moved to approve the agenda with the addition of
Resolution 4401 and •. addition of - draft of new City -County
Health Department Interlocal Agreement. The motion was seconded by
There was discussion.
Atkinson said he opposed any action on the new Interlocal Agreement
because there are several concerned citizens who would like to be
present at the discussion and who would have liked to have known it
was on the agenda.
Nystul commented the discussion is only preliminary and everyone
will have a chance to comment prior to final approval.
Atkinson moved to amend the motion by deleting any action on the
Interlocal Agreement. The motion was seconded by Larson.
There was discussion.
Donahue said the Commissioners are going to act on the agreement
and he feels the Council should follow suit. He added he would
like to see a motion of intent to adopt the Interlocal Agreement.
Atkinson repeated the item shouldn't be placed on the agenda without
proper notice to the public.
Boharski said the purpose of adding it to the agenda is to discuss
the issue in front of the public to help everyone understand the
agreement.
Larson said although he seconded Atkinson's motion, he doesn't feel
there is any problem in discussing the agreement as long as the
Council only gives it preliminary approval.
favor.The amendment failed upon vote with Atkinson and Van Natta voting
in
•. 11.• •♦. f •.: •. I1:! •••. •
2
CONSENT AGENDA APPROVAL
A. Council Minutes -Regular meeting April 20, 1998.
B. Approval of Claims per Payables Register-$285,415.28.
C. Final Appointment -Toby Hubbard-Firefighter/EMT-1
D. Proclamations - National Historic Preservation week
Kalispell Letter Carrier Day
Haarr moved approval of the consent agenda. The motion was seconded
by Nystul.
There was discussion.
Boharski questioned a bill from PTI Communications for the Hockaday
Center for the Arts in the amount of $212.00. He said he feels the
amount is excessive for long distance.
Krepps answered the bill includes lease charges.
Boharski then inquired about a Community Development bill of
$231.37 to mow and clean up South Woodland. He asked if that isn't
something the Parks Department could be doing.
Community Development Director Larry Gallagher said the bill
included the removal of all the weeds and debris from South
Woodland and Teton Terrace along with some clean up around the CDC
building.
Parks Director Mike Baker answered it will be another two weeks
before all the summer staff is hired and the Department doesn't have
the manpower right now for additional tasks.
Boharski proclaimed May 9 as Kalispell Letter Carrier Day and May
10-16 as National Historic Preservation Week.
The motion carried unanimously upon vote.
HEAR THE PUBLIC
Bill Wright, 1104 1st Avenue East, a member of the Street Tree
Commission, presented Mayor Boharski with the 1997 Growth Award,
which represents the 6th year in a row the City has received the
award for achievements in tree plantings and maintenance.
Gilbert Bissell, 76 Stafford Street, Chairman of the Airport
Advisory Board, urged the Council to move forward with the sale of
Daley Field. He said the airport project should be done in its
entirety, and not piecemeal. Bissell added the sale of Daley Field
is imperative to the project.
David Miller, 900 West Reserve, proposed the Council start official
dialogue on a skateboard park. He said petitions for a park are
3
being circulated and hopefully at the next meeting the petitions,
with approximately two thousand (2000) signatures, can be presented
to the Council.
Daniel Ulibarri, 91921/2 Hwy 35, Bigfork, said he is a youth pastor
and he has found a large support in the community for a skateboard
park. He asked the Council to set aside time in the next few weeks
to talk about location, costs, insurance and other issues
surrounding a park.
Ken Yachechak, 157 N. Meridian, urged the Council to coincide the
1st Alley East Utility Project with the sale of the KDC and NFS
lots. He said it doesn't make any sense to do the underground
utilities until the City knows what kind of development may go into
that area.
David Dachs, 335 Summit Ridge Drive, spoke to --the Council as a
representative of Kidsports and encouraged members to proceed with
the sale of Daley Field for the general purpose of airport
improvements.
Boharski opened the public hearing.
Proponen-A
None
None
Boharski closed the public hearing.
Resolution 4400 is necessary to proceed with repairs of the
digester and fermenter system at the WWTP. The $180,000.00 needed
is available in the Equipment Reserve Fund but a budget amendment
is needed to authorize the expenditure of the funds.
Nystul moved Resolution 4400, a resolution amending the annual
appropriations of the City of Kalispell, Montana, as set forth in
the 1997-98 Budget adopted by the City Council for the Sewer Fund,
Wastewater Treatment Plant Equipment Replacement (Capital
Improvement) Account. The motion was seconded by Larson.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
Pieter Drent, the City Parks Director from September 4, 1973 to
September 18, 1987, was instrumental in the beautification of
woodland Park.
Nystul moved Resolution 4401, a resolution dedicating the Formal
Garden in Woodland Park as the Pieter Drent Formal Garden and to
provide an effective date. The motion was seconded by Larson.
There was discussion.
Nystul commented that when he worked for the City as the Finance
Director you could be sure when Pieter asked for money he had "arm
twisted" the merchants down as far as they would go.
Donahue said he also worked with Pieter for many years and his
great love was flowers. He added it's a fitting tribute to dedicate
the garden in his memory.
Larson said he served on the Evergreen Fire Department with Pieter
over forty years ago and he was always kind and gentle with a deep
concern for the community and kids. He suggested the City have a
formal dedication ceremony and invite Pieter's wife, Therese.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
ORDINANCE 1287-ZONING TEXT AMENDMENT -DAILY INTER LAKE -2ND READING
This ordinance would reduce the minimum rear yard in B-2 and B-3
zoning districts from twenty (20) feet to ten (10) feet.
Haarr moved the 2nd reading of ordinance 1287, an ordinance
amending Sections 27.14.040 and 27.15.040 of the Kalispell Zoning
Ordinance, (ordinance 1175), by establishing a minimum rear yard of
ten (10) feet in General Business (B-2) and Community Business (B-
3) zoning districts, and declaring an effective date. The motion
was seconded by Scarff.
There was no discussion.
The motion carried upon roll call vote with Atkinson, Donahue,
Graves, Haarr, Larson, Nystul, Scarff, Van Natta and Boharski
voting in favor.
STATION REFLAc ENT
The Kelly Road Lift Station #5 is marginal for existing flows and
a new lift station is needed. Billmayer Engineering has proposed
entering into an agreement with the City for the replacement.
Public Works Director Jim Hansz explained the existing lift station
serves the Greenacres area and is undersized. He said when the
Willows Subdivision was developed one of the criteria was to
upgrade the lift station. Hansz said at the beginning of the
5
development, which was about two (2) years ago, the City decided it
could contribute $50,000.00 to the cost of the upgrade with the
remainder being funded by the Willows Subdivision. He said since
that time, the size of the lift station has been increased to
handle future growth and therefore the -cost is greater than what
was originally anticipated. Because of the cost increase,
Billmayer Engineering has proposed the City enter into an agreement
for partial reimbursement of construction costs in accordance with
the City's Extension of Services Plan. Hansz said when the project
is complete, the City will have contributed an additional
$49,503.00 to the project and in return would receive a
substantially upgraded lift station at a cost lower than normal.
Haarr moved to accept the proposal by Billmayer Engineering and
enter into a cost-rei urs ent agreement within the parameters
specified. The motion was seconded by Nystul.
There was discussion and Hansz answered questions.
Boharski asked if the storm drain issues in the Willows Subdivision
have been taken care of and if the lift station will compound the
water problems in that area.
Hansz answered the DEQ has approved a storm drain system for the
subdivision and tests have shown that the system should function
with no problem.
Donahue inquired as to whether the Willows Subdivision is in the
City limits.
Hansz said at this time the subdivision is outside the City but has
agreed to annexation. He added when annexation occurs, the lift
station is big enough to handle the developed areas.
The motion carried unanimously upon vote.
DALEY FIELD
In December of 1997 the City sold Lot 2 of Daley Field Subdivision
to Rosauers. Staff is now recommending the sale of Lots 1 and 3 to
finance airport improvements.
Krepps explained authorization is needed to move ahead with the
sale. He said Staff feels leasing the property could create
several problems and recommended the Council move ahead with the
offering.
Haarr moved the Council not act on the sale or lease of Daley Field
until after the receipt of the Master Plan and designation of the
City Airport is complete. The motion was seconded by Scarff.
There was discussion.
Haarr said when the City has money sitting in a "pot" for a project,
the project always seems to outgrow the "pot." He cited the Youth
Athletic Complex as an example and said he feels it's premature for
the City to act on Daley Field without a firm plan for the airport.
Larson disagreed, saying the Council has been given the reasons for
why the property needs to be sold and has been asked by the
citizens of Kalispell to move ahead with the project. He reminded
the Council that promises were made to sell the property. He said
it's time to move forward with the sale and not "throw another
roadblock in the way of progress."
Van Natta also encouraged the Council to vote in favor of the sale
saying the property is as valuable now as it's going to get.
Boharski said he feels, as Haarr does, that the City hasn't shown
much ability to be careful with the money it has in the bank. He
added the fields will not depreciate in value and the Council
should wait.
Donahue stated he also feels the Council hasn't been very wise in
its use of resources and has spent money it should have kept. He
said if the land is sold the money will be "down the tube," but if
the land is leased the City will have a constant flow of cash that
will go directly to the airport.
The motion carried upon roll call vote with Donahue, Haarr, Nystul,
Scarff and Boharski voting in favor and Atkinson, Graves, Larson
and Van Natta voting against.
FINAL PLAT -BUFFALO SQUARE SUBDIVISION
This subdivision contains approximately 5.852 acres and is located
on the west side of whitefish Stage Road, south of Edgerton School.
Preliminary Plat approval was granted on November 3, 1997, subject
to five conditions. All conditions have now been adequately met.
Nystul moved final plat approval of the Buffalo Square Subdivision.
The motion was seconded by Haarr.
There was no discussion.
The motion carried unanimously upon vote.
CONDITIONAL USE PERMIT-GRUMPA'S RESTAURMT AND CASINO
"G" L.L.C. Development has requested a conditional use permit to
allow the use of an existing building, proposed for expansion, for
a casino and restaurant in a B-2, General Business zoning district.
Haarr moved approval of the Conditional Use Permit for Grumpa's.
The motion was seconded by Nystul.
There was discussion.
MEMORANDUM
April 24,1998
To: Clarence Krepps, City Manager
From: Jim Iiansz, Director of Public W rks
Subject: Kelly Road sewage lift station #5 replacement
Billmayer Engineering on behalf of the developer of the Wallows Subdivision has requested
the City enter into a cost reimbursement agreement for this project.
Background:
Kelly Road lift station #5 (LS #5) serves the Greenacres area and will collect sewage flows
for the Willows Subdivision when it is complete and from other area developments in the
future. The capacity of the existing lift station is marginal for the existing flows and its
reliability is problematic. The facility was intended for eventual repair and upgrade but
the advent of the Willows Subdivision and potential future growth accelerated the need.
The City reviewed its sewerage system replacement plans and determined that it could, at
that time justify, and City Council approved, participating with the developer in the cost of
upgrading LS #5 in the amount of $50,000.00. This amount was originally provided in the
FY 1997 budget and was carried over to the current FY 1998 budget.
When the Willows was proposed the flow generated by the Willows was estimated to be a
significant amount. The developer was asked to participate in the cost to upgrade the
facility in addition to the normal developer paid costs for on -site improvements. It was
anticipated that the upgrade costs paid by the City and the developer would be
approximately equal and in proportion to the flow contribution of each. The upgrade also
provides for the relocation of LS #5 out of a resident's front yard to a superior location.
Current Situation:
Final design of LS #5 now reflects the total estimated flows for all the contributing areas
and results in a designed capacity of 150,000GPD. This is about 50% greater than
originally anticipated before the engineering was completed. Of this total, existing and
future flows not related to the Willows Subdivision are roughly 67% of the capacity. The
Willows and related future developments will utilize the remaining 33% of design capacity.
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
The original cost sharing formula was intended to reflect an approximate equal and
proportional split of cost. However, the actual split of cost is in inverse proportion to flow
contributed. The current funding formula would provide for the City paying $50,000.00,
approximately one-third of the $153,000.00 project cost, for two-thirds of the capacity
utilization. The developer would be obligated to pay two-thirds, $103,000.00, of the cost for
one-third of the lift station capacity.
The City's adopted Extension of Services Plan, Policies of Meeting the Cost of Services
provides that the City will upgrade existing facties to meet the demands of growth.
Xt-#;evc-r, V t1e Cirf's x7,grafe sclletyxletr Ivit-11get cammtt acc+nwiDtate- th&-tovetl),Tuent
then the developer is obligated to install the upgraded facilities. The policy states that the
developer may be reimbursed for this cost from the connection fees generated within the
development.
The developer has asked the City to reconsider t1:e-6rrent funding arrangement for this
iject 9--Tt pritpises eTteriTg iI 2T 2gr nev f1)rpaA2 I reinYP-rsene-LtTf oi,-TT-&FT,
costs in accordance with the City's Extension of Services Plan. The partial reimbursement
of construction costs would be made from sewer connection fees within the WUlows
subdivision. The developer has asked that the City continue to participate in the financing
of the project by providing the already budgeted $50,000.00 to cover a portion of the
construction costs.
The maximum reimbursement to the developer would be limited to the actual total of
connection fees generated by the development. The total of connection fees generated by the
Wfflows subdivision, at 1998 rates, is $118,755.00 and a. on a fee of $1,365.00 for each
of 87 lots. This fee is comprised of two pieces: the VVWTP component and the collection
system component The total fee generated by the collection system component of the fee,
$569.00 per lot, is $49,503-00. Therefore, the total possible reimbursement, at 1998 rates,
would be $49,503.00. With construction estimated to cost approximately $153,000.00 the
developer would continue to contribute $53,497.00 to the overall cost of improvements to
There is benefit to this proposal. The City will receive a substantially upgraded lift station
in place of a lift station that has a long history of capacity and reliabty problems. The
new lift station will be moved from its present location in a resident's front yard. The lift
station wiIl have the capacity needed to accept flows from any new sewerage systems that
may be instafled in the future to serve existing areas of Greenacres having septic system
problems. The City wffl receive a much improved lift station at a lower cost than normally
expected due to the developer's participation of $53,497.00. The proposal if approved will
.11'ejAI-01
In dealing with development.
# it
The Extension of Services Plan contains policy language for meeting the costs of services,
pages 21-23 attached, and was adopted by the City Council in November 1995 with
resolution Overall,te impact to the fund is positive t that the $153,000.00 facility
provided would,under normal #a r: be funded entirely by the sewer replacement
fund, but in this case the City will receive an upgraded-Uft station for a cost of S",503.00.
Based on review of this policy and discussions with the City Attorney I recommend
acceptance of this proposal by thedeveloper of ## #nfurther
recommend entering into a cost reimbursementagreement t the developer t t the
ordinance2. If the property is to be annexed, the City's annexation
or
resolution shall specificallystate _ method_ •
,time frame• bringing _ existing conditions into compliance
with City standards, • shall identifyparties responsible for
_ improvements.
3. If City services are to be extended •concurrent
annexation, property owner shall sign_ Consent toAnnex/Notice
• " Withdrawal fromRuraltire District_ • a PetitionRequesting
Annexation. Both the petition and the waiver shall be recorded
with the County Clerk and Recorder's Office. The property owner
shall also sign, and the City shall record, a waiver of the right
to protest participation in and the formation of any special
improvement district that be formed to improve the _ •
services, utilities, streets or other improvements.
aStructuresYears
_ -
b. •' •-Years
Stationary Equipment (motors,
20
Yearsc.
•Asphalt Surfaces:
•
20
Years
Collector
15
Years
Arterial St. -
10
Years
aside s • - _ funds to replace
the following shall be considered
the components:
pumps, ._.
The amount to be set aside each year for the replacement of
municipal infrastructure components shall be the cost of
construction, if new, or the total estimated replacement cost
divided by the remaining- number of years of the life of the
component.
2. It shall be the responsibility of the developer or property
owner to extend all roadways and utilities from the existing City
facilities to the site of development in accordance with all City
standards and specifications or provide appropriate easements. It
shall further be the responsibility of the developer or property
owner to construct all streets and utilities to the furthest
boundary of the property to be developed in order to facilitate
future development.
3. The ability of the City to increase existing utility line
capacities to meet the demands of growth is dependent upon the
availability of funding. If the City's ability to finance the
necessary enlargement cannot keep pace with development, or if the
improvements schedule does not mesh with that of the developer, it
Ell
shall be the responsibility of the developer to finance and
construct City -approved alterations to the existing infrastructure
sufficient to accommodate the development. In the event of this
occurrence, the developer may be reimbursed by the City through
utility service connection fees for said development. Said,
reimbursement shall not exceed the cost, including interest, of the
improvements
•e, -- • e. • City system, nor
reimbursement exceed the value of the connection fees collected
from the specific development.
4. If the developer bears the costs of extending services and/or
utilities, a Developer's Extension Agreement may be entered into
between the developer an• the City. This agreement,_ term
assessmentsnot to exceed ten (10) years, allows the developer to recoup costs
associated with the extension of services or utilities by charging
future entities wishing to connect to or use the extended service
or utility a "Latecomer's Fee". The Developer's Extension
Agreement shall set forth the specific parcels which could benefit
from the extension (those within a described "design area") and
specify the amount to be assessed to each parcel. The specific
parcels and to be included in the Developer's Extensi•.
Agreement are subject to approval by the City Council.
The late -coming customer shall pay the extender a pro-rata share of
the extension costs, including design and inspection fees. The
pro-rata share may be based on lot area, front footage, or other
means agreeable to both the City Council and the developer which is
equitable to both parties as well as future customers.
5. If the City requires the customer or developer extending a
sewer or water line to install a larger size than that required by
City standards for a particular project, the City shall pay the
difference in cost between the two lines.
6. The City reserves the right to further extend sewer or water.
INS installed by the preceding developer or property owner
without paying compensation. The City also reserves the right to
charge future sewer or water utility users beyond those areas
identified in the Developer's Extension Agreement, if applicable,
for their pro -rated share of the City's cost for the oversizing of
the line. This in no way shall diminish the preceding developer's
right to collect SERVICE LINE connection fees within the limits of
a Developer's Extension Agreement. In the case of water lines, the
pro-rata cost shall be based on the domestic capacity plus fire
flow capacity existing at the point of extension as opposed to the
domestic plus fire flow capacities required by the development.
7. Financing the construction of new streets in a proposed
development, or the upgrading of streets in an existing developed
area, shall be accomplished in one, or a combination of, the
following methods:
m
a . In an undeveloped area, the developer shall provide all
necessary
_ right-of-way, or additional right-of-way if less than
adequate right-of-way exists.
b. The developer shall bear the cost of constructing all
improvements within the right-of-way
• • with this Plan, the
Kalispell Subdivision Regulations.
C. Through the formation of a Special Improvement District
City's Standards For Design And Construction, and the City of
d. Federal or State grant funds.
-' - Fuel Taxmonies.
sewerS. Connection and user fees for properties located outside the
City limits for and.water services shall be charged as
follows:
^ fee for connection• the City's water utility shall
125% of the fee charged to City residents.
b. For the use of City water and sewer, the rate shall be 1251 of
the rate charged to City residents, until such time that the
property is annexed into the City.
c. For connection to the City's sewer system, the fee shall either
be
of
fee for residents
. _ • -collection•treatment
services are provided), or 200% of the fee for City residents (if
treatment only is provided).
9. As new City streets are constructed, and as existing streets
are improved, storm drainage infrastructure shall be installed or
improved to City standards. It is the responsibility of the
developer to convey storm water from their property to an
appropriate point of disposal. The -quantity and rate of runoff
from a developed parcel cannot exceed that which would occur had
the property remained undeveloped.
10. For the purposes of fire, police, and all general government
services, the tax burden for these services shall be shared by all
city • ^
NK
BILLMAYER ENGINEERING April 16, 1998
Jim Hansz, P.E.
Director of Public Works
City of Kalispell
PO Box 1997
Kalispell, MT 59901
Re: Kelly Road Lift Station Replacement
Dear Mr. Hansz:
You will recall we have been working with the City staff to jointly develop a replacement design for the
City owned Kelly Road Sewage Lift Station. That facility serves a portion of Green Acres and the recently
approved Willows Subdivision. Additional capacity is built into the facility to accommodate future
connections from the remainder of Green Acres, Leisure Subdivision, the Christian School, and County
owned facilities.
Initially, the City of Kalispell committed $50,000.00 toward construction of the lift station replacement
based on early estimates of sizing.
As the service area was studied in detail, it became apparent that this lift station was to be enlarged to
provide regional service. The following table presents the sewage load contributed to this facility by the
various users.
REPLACEMENT LIFT STATION
USERS AND CONTRIBUTION
Load Percent of Percent of
Sewage Source (Gallons/Day) Total Load Contribution Total Cost
American Land & Dev.
Willows Sub. 28,000
Leisure Sub. & Adj.
Future Connects 22,000 33% $103,000 67.3%
50,000
City of Kalispell
Green Acres Existing 52,500
Future Green Acres 47 67% $50,000 32.7%
100,000
DESIGN TOTAL 150,000 100% $153,000 100%
2191 Third Avenue East • Kalispell, Montana 59901 • (406) 257-8708 • FAX (406) 257-8710
Jim Hansz Aprfl 16,1998
Kelly Road Lilt Station Replacement Pap Two
Now that the facility has been designed, approved by M.D.E.Q., and the City of Kalispell, and detailed
construction estimates developed, additional funding is required to construct an upgraded lift station with
planned growth capacity. To that end, we request the collection system component of the service
connection fees generated from The Willows Subdivision be utilized to reimburse American Land &
Development for the expanded construction cost of the lift station. This concept for developer
reimbursement is in accord with the City of Kalispell Extension of Services Plan, Resolution No. 4246 (see
Policies of Meeting The Cost of Services, paragraph 3., p.21 & 22, attached).
The collection system component of The Willows Subdivision connection fees will generate $49,503.00 at
buildouL When combined with the pledged $50,000.00 from the City of Kalispell, the percentage of
funding contribution from the City of Kalispell will be equitable with the percentage of service load.
Your favorable recommendation before City officials will be greatly appreciated.
Sincerely,
cc: American Land & DevelopmenL
2. If the property •. be annexed, annexation
ordinance or resolution shall specifically state the method and
-time frame for bringing the existing conditions into compliance
with City standards, •. shall identify theparties responsible •
the • •
3. If City services are to be extended without concurrent
annexation, the property owner shall sign a Consent to Annex/Notice
of Withdrawal from Rural Fire District and a Petition Requesting
Annexation. Both the petition and the waiver shall be recorded
with the County Clerk and Recorder's Office. The property owner
shall also sign, and the City shall record, a waiver of the right
to protest participation in and the formation of any special
improvement district that may be formed to improve the existing
services, utilities, streets or other improvements.
r. POLICIES OF
1. For - purpose of setting
components of the physical plant,
as the estimated life of each of
a.
Structures -
30
Years
b
Pipelines
C.
Stationary Equipment (motors,
20
Years
•
Asphalt Surfaces:
Local --Years
St.
- 15
Years
Arterial St.
- 10
YearsCollector
aside adequate funds to replace
the following shall be considered
the • p
pumps, conveyors, etc.)
The amount to be set aside each year for the replacement of
municipal infrastructure components shall be the cost of
construction, if new, or the total estimated replacement cost
divided by the remaining- number of years of the life of the
component.
2. It shall be the responsibility of the developer or property
owner to extend all roadways and utilities from the existing City
facilities to the site of development in accordance with all City
standards and specifications or provide appropriate easements. It
shall further be the responsibility of the developer or property
owner to construct all streets and utilities to the furthest
boundary of the property to be developed in order to facilitate
future development.
3. The ability of the City to increase existing utility line
capacities to meet the demands of growth is.dependent upon the -
availability of funding. If the City's ability to finance the
necessary enlargement cannot keep pace with development, or if the
improvements schedule does not mesh with that of the developer, it
21
shall be the responsibility of the develo er to finance and
construct City -approved alterations to the existing infrastructure
sufficient to accommodate the development. In the event o t s
occurrence, the developer may be reimbursed by the City t roug
utility service connection fees for said eve o menSaid
reimbursement shall not exceed the cost, including interest, of t e
mprovements to the —existing C ty system, nor shall the
reimbursement exceed the value or the connection tees c`oIl
from the specific development.
4. If the developer bears the costs of extending services and/or
utilities, a Developer's Extension Agreement may be entered into
between the developer and the City. This agreement, with a term
not to exceed ten (10) years, allows the developer to recoup costs
associated with the extension of services or utilities by charging
future entities wishing to connect to or use the extended service
or utility a "Latecomer's Fee". The Developer's Extension
Agreement shall set forth the specific parcels which could benefit
from the extension (those within a described "design area") and
specify the amount to be assessed to each parcel. The specific
parcels and assessments to be included in the Developer's Extension
Agreement are subject to approval by the City Council.
The late -coming customer shall pay the extender a pro-rata share of
the extension costs, including design and inspection fees. The
pro-rata share may be based on lot area, front footage, or other
means agreeable to both the City Council and the developer which is
equitable to both parties as well as future customers.
5. If the City requires the customer or developer extending a
sewer or water line to install a larger size than that required by
City standards for a particular project, the City shall pay the
difference in cost between the two lines.
6. The City reserves the right to further extend sewer or water.
INS installed by the preceding developer or property owner
without paying compensation. The City also reserves the right to
charge future sewer or water utility users beyond those areas
identified in the Developer's Extension Agreement, if applicable,
for their pro -rated share of the City's cost for the oversizing of
the line. This in no way shall diminish the preceding developer's
right to collect SERVICE LINE connection fees within the limits of
a Developer's Extension Agreement. In the case of water lines, the
pro-rata cost shall be based on the domestic capacity plus fire
flow capacity existing at the point of extension -as opposed to the
domestic plus fire flow capacities required by the development.
7. Financing the construction of new streets in a proposed
development, or the upgrading of streets in an existing developed
area, shall be accomplished in one, or a combination of, the
following methods:
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