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2. Extension of Services PolicyCitv of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: Utility Requests for Fringe Developments Outside of Evergreen MEETING DATE: January 10, 2000 BACK GROUND: Over the past 25 years, the City of Kalispell has struggled with how to handle growth, particularly growth that is either in the "Evergreen" area or somewhere else near, but not contiguous, to the city's boundaries. It is obvious that protecting the quality of our (entire Valley) water resources is paramount to our future. As a result of this, the city and Evergreen area reached an agreement which extended sewer services outside of the city limits. I suspect that no one could have predicted the level of growth that has taken place over the last decade and therefore we were ill prepared. The most obvious examples are in Evergreen where developments were not constructed to city standards (septic systems, no storm water considerations etc.). Worse yet, we seem to remain ill prepared for the inevitable growth of the upcoming decades. At this time, several developers are asking our community to respond to their requests for city services. Three of these are outside of Kalispell and Evergreen and are not contiguous to the city. There seems to be no end in sight for these requests. In an effort to avoid repeating the mistakes of our past, this issue must be dealt with head on. In an attempt to enhance the quality of life for our residents, I believe that we can no longer allow large developments to occur near Kalispell without annexation. Evergreen, Green Acres, Village Greens, Hillcrest, and Country Estates are just a few of the developments that should logically be apart of the City. As we deal with this issue, it will be important to be aware of all the impacts, both positive and negative. What makes this issue more difficult is the fact that businesses are waiting patiently for our response. However, they will not wait forever, and most likely will find ways to resolve their immediate needs if we do not find a way to work together. As mentioned above, we have three requests for city sewer services on the table. All three have volunteered to become a part of the city in exchange for our services. All three are separated from the city by Evergreen. The following is a list of options to deal with the immediate requests. The city follow its policy of denying requests for services on the basis that properties are not contiguous to the city limits. The city adopted an Extension of Services Plan on November 6, 1995. This plan was amended on March 1, 1999 (Resolution 4450 is attached) and gave clear direction to the city staff that when dealing with developers who want city services, they must be willing to be annexed into the city in exchange for the utility extensions and the property must be contiguous to the city boundaries. I would agree that under ideal circumstances this is an excellent policy. However, as we view the three requests before us, and future requests, the policy prevents the city from being a partner in developments that are not contiguous to the city. On the positive side - the policy helps to ensure that the city staff will not be servicing islands outside of the city. This helps us in providing efficient services to our citizens. On the negative side - the policy encourages growth in the Flathead County Water & Sewer District #1, which increases the problem that already exists. Second, these businesses may choose to follow the same path as Evergreen and create their own service area. Today this seems unlikely, but I'm sure that is what the city thought twenty five years ago before nearly all of the new retail development located outside Kalispell. Third, they may choose to use septic systems which puts water quality at great risk. Future generations will wonder why we chose to ignore the problem. 2. The city can provide services to the requesting parties and require them to annex into the city, even though the property is not contiguous. This is clearly at odds with the city's adopted policy and would require an amendment. We would have to develop some parameters for dealing with parcels which are not adjacent to our boundaries. The pros and cons of this policy are the opposite of those listed under option one. 3. We could provide utilities to the parcels and require the property owners to sign a waiver of protest for annexation at such time they become contiguous to the city. This option is also clearly at odds with current policy and would require language changes to the policy. On the positive side - Evergreen does not grow into a larger issue than it already is; we eliminate the potential for a third sewer district; and finally, we protect the Valley's water quality. On the negative side - We never seem to get around to annexing areas once services are provided, and when we do, the property owners fight it tooth and nail in spite of the signed waiver. Worse yet, our citizens are subsidizing out -of -city utility users who don't pay city taxes. Even though these are enterprise funds, tens of thousands of dollars are spent every year through either capital improvements (Tax Increment Improvements) and miscellaneous issues which the administration deals with on a daily basis but are not charged to the utilities. This approach has been used and appears to have failed time and time again. 4. We could require the parties to wait until we resolve our differences with Flathead County Water & Sewer District # 1 under the assumption that some kind of an arrangement could be found to ensure that on a specified date, the parcels in question would become contiguous to the city and thus be annexed without violating our policy. On the positive side - this assumes that we remove the imaginary wall that exists between Kalispell and Evergreen (after all the Berlin Wall has been gone for ten years). The taxpayers win because we will be forced to provide long term solutions to real problems that exist: growth management, water quality, efficiency of government services, just to name a few. On the negative side - The developers may grow weary of the delay and choose to solve their own problems by creating a new sewer and water district... or ... by the perception that each side is forced to the table, the discussions get off on the wrong foot and delay the resolution to this problem even longer. As growth continues in the Valley the problem of fringe developments is only going to become more difficult to resolve. Aside from the three requests before us, we can identify at least a half dozen projects expected in the near future that will be impacted positively or negatively based on our ability to resolve this issue. Beyond resolving the annexation issue, these areas come with a number of major challenges. Issues relating to street construction, storm water and sidewalks, are only a few of the issues that will require a tremendous amount of work by our current staff. In addition, staff levels in nearly every department would likely have to be increased in order to provide quality services to the newly annexed areas. There are no simple answers, but I do believe that with the talents of our City Council and administration, we can find a resolution that truly adds value to our City's long range goal to become a world class community. Step 1 - Though no one seems to have a good handle on the number of parcels, we believe that we are currently providing sewer service to dozens of property owners who are contiguous to the city limits and have signed waivers of protest. A list of these property owners should be developed and annexation procedures should begin immediately. Step 2 - Talks should begin with the County Commissioners and representatives of these outlying neighborhoods to decide how we move forward with annexation. Evergreen is the largest of the group but they are not the only area of concern. In order for us to appropriately service these areas I would expect some type of a phased annexation process that takes several years to complete. Step 3 - We need to amend from our current policy. Any development that is in need of sewer services should be required to annex into the city whether they are contiguous or not. In addition, any development that is contiguous to the city limits should be required to utilize all city services This will ensure that these developments are constructed according to city standards. If this were required twenty five years ago we would not be having this discussion today. At an absolute minimum we need to make an arrangement with the County that identifies projects that will one day be a part of the city and require them to build according to our standards. This protects our water quality and ensures the homeowners against high SID's costs necessary to correct infrastructure problems that should have been addressed up front. FISCAL EFFECTS: Unknown. If we were to resolve these issues we would be in a much better position to guide our City's growth into the new millennium. This would almost certainly result in a stronger local economy for our residents to work in and a clean environment. We would greatly enhance our tax base, however this could not be accomplished without service contracts or additional staff in order to properly service the newly annexed areas. ALTERNATIVES: As suggested by the Council. Respectfully submitted Chris A. Kukulski City Manager Report compiled January 6, 2000 This memo is not intended as a commentary on the appropriateness of the projects in question. Those issues will be resolved through the planning process assuming that developments will meet all of the required development standards and will be constructed with or without the city's involvement. RESOLUTION NO. 4450 A RESOLUTION AMENDING THE CITY OF KALISPELL EXTENSION OF SERVICES PLAN, SECTION IV, ¶¶ 4 AND 5, BY SPECIFYING THE CONDITIONS UNDER WHICH THE CITY SHALL PROVIDE UTILITY SERVICES BEYOND ITS CORPORATE LIMITS. WHEREAS, the City Council of the City of Kalispell adopted City of KAI i4ipP11, RxtPnRian of Services Plan, by Resolution No. 4241, on November 6, 1995, and WHEREAS, Section IV, IT 4 of said Plan describes the conditions under which the City allows connection to its public utility systems, and WHEREAS, at the request of the City Council, the Public Works Department and the staff of the Flathead Regional Development Office revised the connection policy to allow for orderly expansion of utilities and municipal boundaries. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City of Kalispell, Extension o qP_rvict-.-, Plan is hereby amended by inserting a new Section IV, ¶ 4, which shall read: Before a development beyond the City limits is allowed to connect to a City -owned utility, a Consent to Annex/Notice of withdrawal from Rural Fire District and a Petition Requesting Annexation shall be properly filed with the City Attorney and said annexation request shall be approved by City Council Resolution or Ordinance as may be appropriate. Service will be extended only to existing or proposed developments that are contiguous to the City. The Petition and Consent filed under this section shall be in a form which may be recorded in the Office of the Flathead County Clerk and Recorder. SECTION IT. That the City of Kal i sDel l , Extpnsinn a Services Plan is hereby amended by adding to Section IV, a ¶ 5 which shall read: As a requirement of access to a City -owned utility in a subdivision proposed beyond city limits, the property owner shall apply to the City for preliminary plat approval and simultaneously petition for annexation to the City, and the property shall be annexed or each phase of said subdivision shall be annexed with approval of Final Plat. As a requirement to a city -owned utility in a proposed land division which is exempt from subdivision regulation and is beyond the city limits, the property owner shall petition to annex and the property shall be annexed prior to filing the certificate of survey with the County Clerk and Recorder to create the land division. SECTION III. This Resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND SIGNED BY THE MAYOR THIS _IST_ DAY OF MARCH, 1999. wm,E .5oharAi Wm. E. Boharski Mayor - ATTEST: Theresa White Clerk of Council City of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 DUM January 10, 2000 To: Chris Kukulski, City Manager From: Jim Hansz, Director of Public Wor Subject: Requests for sewer service via Evergreen system The City has been receiving a number of requests for sewer service via the Evergreen RSID system. In December 1998 Mr. Andrew Farris made such a request for a proposed 48-lot subdivision. The amount of wastewater flow was fairly small, 14,000 gallons per day, and the impact on the WWTP would have been nominal. Nonetheless, the City Council denied the request. This project may soon return for the City Council's reconsideration. In May of 1999, Mr. Bill Lincoln also requested sewer service to his proposed development on Conrad Drive approximately one mile east of the City limits. In August 1999, the City Council denied this service request for several reasons including the lack of detailed data on the quantity of wastewater involved. Mr. Lincoln has subsequently provided information that indicates a need for service amounting to about 135,000 gallons per day which would be discharged into the Evergreen force main at a point outside the District boundary. Another request has been received from Wolford Development to serve an 84-acre development of 750,000 square feet fronting on the east side of US 2 north of Reserve Drive. The Wolford project would also border on the west boundary of the Farris project. The estimated service need for the Wolford commercial development is approximately 160,000 gallons per day. The total estimated wastewater flow from these three projects is approximately 309,000 gallons per day. As I mentioned at the December 14, 1998 City Council work session concerning the Farris project, there is, presently, adequate overall plant capacity to accommodate the added flow from that project. Based on plant flow records and plant capacity, it also appears there is plant treatment capacity to serve all three of these projects. The treatment plant capacity is 3,100,000 gallons per day. Current use is averaging about 1,800,000 gallons per day (GPD). However, as I mentioned during the conversation about the Farris project, an analysis based simply upon gross plant capacity is somewhat deceptive. It could lead the City to wrongly conclude that small and fairly large increments of use may be added without an immediate cost or impact until some time in the distant future when overall plant capacity has been reached. In my opinion, this would be an incorrect assumption. A preliminary evaluation of plant capacity and potential growth was made in December of 1998. It has been updated to reflect changes since then and to include the potential impacts of the three proposed developments outlined above. Treatment Plant Capacity 1. Although present plant utilization is 1,900,000 GPD, and the designed maximum capacity is 3,100,000 GPD, the difference, 1,200,000 GPD, should not be viewed as the amount capacity that is available for use without cost or impact on the City. The City must anticipate the need for plant expansion long before the plant is operating at its full capacity. The guideline used by USEPA, who participated in funding the present plant, is that we should begin planning for expansion when we reach approximately 75% of utilization. Some utilities stretch this to 80% capacity utilization. Therefore, at an average daily flow of between 2,300,000 GPD and 2,500,000 GPD the City will need to begin the expenditure of time and money to plan the expansion of the plant. In other words, there is about 400,000 to 600,000 GPD of capacity available for use before the City needs to begin planning the plant expansion. When capacity utilization approaches 85% - 90% the City should begin the actual design of a plant expansion and settle the issues of financing the project. When this is done the construction should begin in time to ensure that additional capacity is coming on-line when plant inflow equals the present designed capacity. It should be understood that the USEPA and 1MEQ would use the City's present discharge permit as a measuring tool for determining when the City will need to expand the treatment plant. The City will not be allowed to violate the terms of its discharge permit. 2. As indicated, the perceived "cushion" of capacity, based on the present average daily flow rate, is about 400,000 to 600,000 GPD. For this evaluation 600,000 GPD will be used. In order to develop an accurate assessment of available capacity the unused contracted entitlement of the Evergreen RSID needs to be considered. Of the 600,000 GPD total, roughly 230,000 gallons per day is the unused entitlement of the Evergreen RSID. (682,000 GPD entitlement - 450,000 GPD current use = 232,000 GPD unused entitlement. It should be noted that some of the Evergreen RSID's current metered use is wastewater generated by out -of -district customers previously authorized by the City, and this use is not charged against Evergreen. So, for the purpose of this review, the Evergreen RSID's available unused entitlement is estimated to be 230,000 GPD) The City has no direct control over the rate of utilization of this unused Evergreen RSID entitlement. Because of this, the entire Evergreen RSID treatment entitlement should be considered the same as an on-line use. When viewed this way the gap between the current plant flow and the flow that would initiate the City planning process is much narrower. When this number is added onto the current plant flow the total equivalent plant flow is 2,130,000 GPD. In other words... The actual plant capacity cushion available to the City, for uses such as the requests made by Farris, Lincoln and Wo ford, or others, is approximately 390,000 GPI). When this additional amount of flow comes on-line, regardless of the source, the City should expect to begin the expenditures of time and money to plan the plant expansion. 3. It is apparent that the plant capacity cushion would be nearly consumed by the 309,000 GPD service requests of Farris, Lincoln and Wolford. In addition, existing and proposed development within the City and other specific projects in areas contiguous to the City for which the City has made a commitment to serve, are capable of consuming more than the entire remaining plant capacity. These commitments and other potential new development are: • Approximately 420 vacant building lots awaiting home construction • Domesite PUD • Waterford • US 93 South development, Phase I design flow • US 93 South development, Phase II design flow, an additional • US 93 South development, Phase III design flow, an additional • Wolford Commercial Development • Lincoln Commercial Development • Farris Residential Development 122,000 GPD 115,000 GPD 30,000 GPD 175,000 GPD 160,000 GPD 415,000 GPD 160,000 GPD 135,000 GPD 14.000 GPD Sub Total 1,326,000 GPD Total potential flow into the treatment plant from current flow and these other sources is approximately equal to: Current 1,900,000 GPD Future 1,326,000GPD Total 3,226,OOOGPD In addition to this amount, the unused Evergreen RSID entitlement needs to be added in to arrive at an approximately correct estimate of total potential flow into the plant. (Note: this is not a double count of the remaining ERSID treatment entitlement that was referred to in part 2.) 230,000 GPD Total 3,456,000 GPD 4. From the information outlined above it is apparent that the current amount of potential, planned and existing development within or adjacent to the City can consume over 110% of the existing capacity of the City's wastewater treatment plant. The point at which this capacity is utilized cannot be reliably predicted because the City cannot tightly regulate the pace of this private construction. The City should expect that virtually all the vacant lots would be developed in a few years. It should also be anticipated that other lots will be added to the City inventory and sewer service will be expected. In addition, the phased utilization of US 93 South facilities is not something staff can predict with any accuracy. The fact that current development proposals and commitments to serve appear to have consumed plant capacity is not reason for immediate alarm. However, it should alert the community that any new development proposals, especially large proposals, should be reviewed with great care. New development proposals will not only guarantee the need for plant expansion, they will also greatly move forward the need date for plant expansion, and the expenditure of City funds. This last point should not be overlooked. The City's new treatment plant was funded from four sources: a revolving fund loan, a bond, cash on -hand and a grant from the USEPA. Grants from the USEPA are not available now, and this source paid for 50% of the new plant. 11/23/99 City Manager, City Engineer and Kalispell City Council Dear Sirs, After meeting with Jim and Chris, I am submitting the enclosed "Conceptual Wastewater Treatment Estimates" for the 2 Rivers RV Resort project at 855 Conrad Drive. These are a best possible estimate scenario. There is more than sufficient capacity in the force main for this amount, my water will come from Evergreen Water, and the Evergreen Sewer Board has granted its permission for access to the line (copy in previous request). I am therefore requesting a level of 135,000 gpd (gallons per day) permission from the city of Kalispell. Thank you for your time, I am: Sincerely Yours, William T. Lincoln DOGIVM�01-� tt RIO r v w Conrad Dr... ASA ----- '� � SA Abed { Ret6! S Fist FNl �%A 176 :=% ��`417 �l- - au 371 47 mom FTC WA ` 1 ` A 389 RV umm MOM f ,�, �, Con e t al ' IV DISTRICT 1 WASTEWATER TREATMENT ESTIMATES DISTRICT 1 (30+ Acres) TOTAL 22,294gud District 1 is a business district to provide for those supportive retail sales and service functions and operations that are typically characterized by outdoor display, storage, and/or sale of merchandise, by servicing of automobiles and recreational vehicles, and by outdoor and indoor commercial amusement and recreational activities. This district will also serve the general needs of the tourist and traveler. These wastewater treatment estimates are made utilizing the "Onsite Wastewater Treatment and Disposal System" Design Manual of the EPA. When the planned unit was unavailable a, by fixture, computation from the same source was used. This is completely an estimate based upon possible uses by districts. The final unit development plan is still dependent on necessary road locations, and engineering needs and requirements. Potential Uses: i. Tour Distillery Figured using "Store, department" @ 528gpd/washroom & 10.6gpd/employee with 20 employees 1056gpd + 212gpd Total=1268gpd 2. Theaters (live and IMAX) Figured in District 2 3. Motel Figured using "Motel" @ 31.7/person 2 persons/unit x 150 units x 31.7gpd = 9510gpd Total 9510gpd 4. Retail Space 1 Figured using "Shopping Center' @ 1. 1 gpd/parking space for 500 spaces and 10.6gpd/employee for 50 employees plus 2 food service Crestaurant' } 1 @ 400 meals & 1 @ 250 at 2.6 gpd/meal=1690gpd Total 2770gpd 5. Retail Space 2 Figured using "Shopping Center' @ l.lgpd/parking space for 500 spaces and 10.6gpd/employee for 25 employees with I "restaurant" doing 400 meals @2.6gpd = 1040 gpd Total 1990gpd 6. RV Plaza Figured using "Automobile Service Station" @ 10.6/vehicle served for 600 Vehicles and 13.2gpd/employee for 30 employees Total 6756gpd Bulk and Dimensional Requirements: (Identical to "B-2 General Business") Other uses are possible, but, unknown at this point. DISTRICT 2 WASTEWATER TREATMENT ESTIMATE DISTRICT2 (20+ Acres) TOTAL 34,091 gpd District 2 is a business district to provide specific tourist related retail and commercial service facilities where such uses are desirable for tourist retail development and where public facilities may be available. After the determination of the needed road location this districts West boundary will become the road easement. These wastewater treatment estimates are made utilizing the "Onsite Wastewater Treatment and Disposal System" Design Manual of the EPA. When the planned unit was unavailable a, by fixture, computation from the same source was used. This is completely an estimate based upon possible uses by districts. The final unit development plan is still dependent on necessary road locations, and engineering needs and requirements. Possible Uses: i. Recreational Park Offices Figured as "Offices" @ 14.5gpd/employee 5 employees = 72.5gpd Total 2. Restaurants, Cocktail lounge, Casino & Office Figured as 2 "Restaurants" @2.6gpd/meals for 300 meals/day each, and one "Cocktail lounge" @ 19.8/seat for 100 seats Total 3540gpd 3. Fratemal Club/Tavern Not in this estimate but a possibility 4. Laundromat and Offices Figured as "Laundromat" @ 581gpd/machine for a 30 washing machine estimate Total 17430gpd 5. Motel w/ Restaurant Figured as "Motel" @31.7gpd/person for an average, at 50% occupancy, for 200 rooms = 3170. Plus one "Restaurant" @2.6gpd/meals for 300 meals/day each, and one "Cocktail lounge" @ 19.8/seat for 100 seats = 2760gpd Total 5930gpd 6. Retail Space Figured using "Shopping Center" @ l.lgpd/parking space for 500 spaces and 10.6gpd/employee for 25 employees Figured as 3 "Offices" @ 14.5gpd/employee for 25 employees for 363gpd Total 1260gpd 7. Convenience Store Figured using "Automobile Service Station" @ 10.6/vehicle served for 300 Vehicles and 13.2gpd/employee for 10 employees Total 3378gpd 8. Theaters Figured using '"Cheater" @2.6gpd/seat for a SOOseat IMAX and a 500 seat Live Theater or 1000z 2.6 Total 26Wgpd 9. Deeded Road Easement None needed Bulk and Dimensional Requirements: (Identical to "B-2 General Business") Other uses are possible, but, unknown at this point. DISTRICT 3 WASTEWATER TREATMENT ESTIMATES DISTRICT 3 (50+ Acres) TOTAL 40,412 gpd District 3 is a Recreational Vehicle Park, Campground and Golf Course business district to provide retail and commercial services only for the clients of the R.V. and Golf Course facilities. These wastewater treatment estimates are made utilizing the "Onsite Wastewater Treatment and Disposal System" Design Manual of the EPA. When the planned unit was unavailable a, by fixture, computation from the same source was used. This is completely an estimate based upon possible uses by districts. The final unit development plan is still dependent on necessary road locations, and engineering needs and requirements. Potential Uses: 1. Recreational Vehicle Park and Campground 590 RV Locations 50% as "campground" person and 50% as "Cabin, Resort" 295 units @ 31.7gpd campground level = 12363 gpd 295 units @ 42.3 gpd cabin, resort level = 16497 gpd Total 28860 gpd Golf Course No irrigation water will be needed as water rigbts are already available. 3. Club House Restaurant/ Lounge Figured as a restaurant since no shower facilities will be available @ 2.6gpd/meal 250 mealsX2.6 = 650 gpd lounge/bar 150 customers @ 2.1gpd plus 18 employees @ 13.2gpd 315gpd + 238gpd = 420.6gpd + 650gpd = 1203gpd Total 1203 gpd 4. Laundromat will be included in district 2 5. Recreation Centers (adult and child) and Bathhouses Figured as "bathhouses and swimming pools" 9 10gpd/person 500persons/day average x 10 gpd = 5000gpd total Total 5000 gpd 6. Swimming Pool/Hot Tub Figured as "bathhouses and swimming pools" @ 10gpd/person 150persons/day average x 10 gpd = 1500gpd total Total 1500 gpd 7. Recreation Facilities, low impact 8. Offices 14.5 gpd/employee for 5 employees Total 72.5 gpd 1. Tour/Travel Agency Will be included in district 2 2. Resort area and equipment storage and maintenance area Requires no sewer 3. Curio shop Part of office a. Coffee shop/Snack bar 5.3 gpd/customer for 150 customers = 795 gpd and 10.6 gpd/employee for 8 employees = 85 Total 880 gpd i. Picnic and BBQ area Figured as a "day camp" @ 132gpd for 30 campers per day average = 396gpd total Total 396 gpd 2. R.V. dump station There will only be one RV dumpsite figured at 25 uses per day @ 100 gallons Total 25M gpd Bulk and Dimensional Requirements: (Identical to "B-6 Resort Business" with the addition of MT State requirements for Recreational Vehicle Spaces) 'j,4; . -'5/ dw L' /0LFORD December 23, 1999 Chris Kukulski City Manager City of Kalispell 312 First Avenue East Kalispell. MT 59901 Re: Proposed Regional Mall Intersection of Northeast Quadrant of Highway-2 And Fast Reserve Drive Dear Chris: It was certainly a pleasure for Scott Williamson. Clint Wolford and me to meet you this past Monday December 20, 1999. Also, we appreciate the time you gave us to discuss our proposed project to be located at the northeast quadrant of the intersection of Highway 2 and East Reserve Drive. As I stated during our meeting, Wolford Development, Inc. has been working the Kalispell market since March of 1999 to find a site large enough to accommodate an enclosed regional mall containing approximately 750.000 square feet of retail space. This mail would have four major department stores, two of which would be new to the market, and have another 90 specialty retail stores. In addition, we would want to have enough property to accommodate the typical peripheral development that borders a major enclosed regional mall. As I stated during our meeting, we currently have under option approximately 84 acres and would eventually like to have up to 130 acres at a minimum. During our meeting, we discussed the possibility of our annexing to the city and receiving sewer service from the city. As a result of those discussions, you requested we supply you with some estimates of the average daily sewage flow generated by the project. Since returning to Chattanooga, we have spoken to our engineers to obtain some preliminary estimates on sewage flow per day-. Based on his calculations. the mall of approximately 750,000 square feet and four major department stores would generate an average daily sewage flow of 80,500 gallons. In addition, the peripheral development Four Squares Business Center • 1200 Mountain Creek Road, Suite 102 • Chattanooga, Tennessee 37405 423.874.0811 • FAX:423.874.0748 surrounding the mall, which is so vitally important to the success of the overall project and should be as strongly supported by the city, would generate an additional average daily sewage flow of 77,050 gallons. This results in a total average daily sewage flow of 157,550 gallons for both developments. Chris, as I stated during our meeting, it would be our preference to be annexed to the city of Kalispell. We feel it is important to the overall success of our development to be a part of the city. However, if it is not possible for us to be annexed at this time, we would be willing to execute an agreement with the city stating we would not protest any future annexation. In return for this agreement, we only ask the city to agree to provide us with the sewage capacity for our total development. In analyzing our proposed development, I feel it is critical to point out that we are not only a retail development, but we are also a major employer. Based on my past experience with developments of this size, I would anticipate the mall creating approximately 1400 jobs with an annual payroll of approximately S? 1.000,000. Furthermore, the peripheral development would add approximately 700 jobs with an annual payroll of approximately S 10,500,000. Needless to say, none of these numbers address the additional jobs created during construction of the project. Chris, my company and I are extremely excited about Kalispell and the surrounding trade area. As I stated to you, I have had the real estate representatives of three of the major department stores in Kalispell with me within the last month. They are equally excited about the potential of this project and are anxious to move forward. For that reason, I would like to have a response from the city of Kalispell about my proposal at their earliest convenience. If necessary, I would be more than glad to come to Kalispell to meet with the appropriate city officials. Again, thank you for the time you spent with us. I look forward to receiving your response. Sincerely, Bucky Wolford The Kalispell Memorandum January 10, 2000 To: City Manager, Chris Kukulski From: Chief of Police, Frank Garner Re: I" Alley West, 200 Block Department I was contacted by the owners of Underground Books at 222 Main Street to discuss a concern they have about I' Alley West behind their establishment. They pointed out that ? Alley West in the 200 block is, by ordinance, a one-way alley. The alley, however is signed and utilized for two way traffic from their building (about halfway down the alley) to 3'd Street. It seems when the city parking lot was established at Main and 3' Street the designation of the alley from one-way to two-way was changed by administrative order, without the corresponding change in the city code. This use, in contradiction to the ordinance, may create some exposure on the city's part in the event of an incident related to the use in that alley. The concern of the business owner at 222 South Main Street revolves around access to their business. They have some parking spots at the rear of the store, just off the alley. They feel that restricting use of the alley to one-way would hamper their ability to access the rear of their building. They prefer that the entire alley from 2" a Street to Yd Street be two-way traffic. I explained to them that I could not support such a request, as the proximity of the business entrances on the north side of the alley would create too great a hazard in a two-way scenario. They did appear satisfied with the compromise of limiting two-way traffic to the section of the alley from the north side of their property line at 222 North Main Street, south to 3' Street. The north end of the alley, from their property line to 2n8 Street, would remain one-way. This compromise would address my safety concerns for pedestrian traffic in the north end of the alley while improving access for Underground Books at their location. They also requested the garbage containers be moved from their current location to the west of their parking area. That request has already been met by public works. *0 Frank Garner, Chief of Police - Jim Brown, Asst. Chief of Police - KPD phone (406) 758-7780, FAX (406) 758-7799 300 1st Ave. East, Kalispell, MT 59901 ti_� In consideration of this discussion I would recommend the city amend the current ordinance, 17-96 (see attached), under section C., to allow for two-way traffic on 1" Alley West, from Yd Street, north a distance of 175 (one hundred seventy five) feet to the north property line of 222 North Main. Section C. should also be amended to eliminate the reference to Railroad Street (which no longer exits) and allows for the current alignment in the 00 hundred block of V Alley West as it currently in use. As an example of the proposed section C. might read as follows: C. 1' Alley West between Main Street and I" Avenue West and from a point beginning 212 (two hundred and twelve) feet south of the south right of way line of center Street to the north right of way line of 4' Street from the north to the south except that section of I' Alley West from 175 (one hundred and seventy five) feet north of the north right of way line of 3'd Street, south to north right of way line of 3' Street. 17-96 17-96 CHAPTER 17 MOTOR VEHICLES AND TRAFFIC ARTICLE VI. ONE-WAY STREETS SECTION: 17-96: Direction Of Travel On Certain Streets Or Alleys 17-96-1: Seventh Street West 17-96-2: Sixth Street West 17-96-3: Streets To Be Marked With Directional Signs 17-96-4: Penalty For Violation Of Sections 17-96-1 And 17-96-2 17-97: Certain Semicircular Loops 17-97-1: Rep. by Ord. 803 17-97-2: Third Avenue East 17-97-3: Fourth Avenue East 17-97-4: Rep. by Ord. 803 17-97-5: Certain Streets Designated 17-96: DIRECTION OF TRAVEL ON CERTAIN STREETS OR ALLEYS: It shall be unlawful for any person to drive or operate any vehicle of any kind, including bicycles, upon or over any of the streets or alleys or portions thereof indicated in the following sections, except in the direction set out in this article. A. Second Avenue East between Second Street East and Fourth Street East from south to north. B. Alley between First Avenue East and Main Street between Fifth Street East and First Street from north to south. C. Alley between First Avenue West between Fourth Street West and Railroad Street from the north to the south. (Ord. 609 §§ 1, 5, 6; amd. Ord. 812 § 2; Ord. 1001 § 1) City of Kalispell