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Coffee Kiosk at Westbrook Squareeargrass Holdings, LLB' PO Box 7505 Kalispell, MT 59904 City OfKalispell PO Box 1997 Kalispell, MT 5990 440 Dear Mayor Kennedy and Council Members, We have been working with Kirk Fritz to locate a Mountain Mudd coffee kiosk on our property at 1011 Hwy 2 West, in the shopping center commonly known as Westbrook Square. Mr. Fritz has submitted his plans and has received his approvals from the Health Department, Building Department, Site Review and Architectural Review. We have come against a road block due to a policy that the Public works Department has that requires each building to have its own water connection. 6- 6. TWO OR MORE BUILDINGS NOT TO BE SUPPLIEDTHROUGH ONE CONNECTION, EXCEPTION: ON: t shall be unlawfulfor any owner: agent or tenant to supply, or permit to be supplied, any water to two 2 more buildings through one connection except on special contract with the Water Department. We currently lease space to Gold Bust Casino, Anna's Pizza, Michael"s Convenience Store, C ck-1 - Go, Auto -Mutt Doi; & Car Wash and China. Town Restaurant. All of these businesses are currently supplied through a single 2"' water main and the City reads only the one water meter for the center (other than the irrigation meter). To connect this ' x ' 4 sq. ft. Coffee Kiosk directly to the City water main would require 600 feet of six foot deep trenching, then water pipe, bedding and compacted backfill. In addition to this long service connection, we would be required to obtain permission either from the neighboring lard owner or MDOT to place this service line in the State Hwy 2 right-of-way. We would have to dig up 1,800 sq. ft. of pavement, sidewalks and landscaping in addition to a portion. of Glenwood Drive to male the final connection. All of these areas that are dug up in this process will need to be restored at a great expense. Restoring these trench cuts results in patches that can cause uneven bumps and increased surface deterioration in the roads and parting lots. We have existing water and sewer lines located 107 feet from the Coffee Kiosk location at the Auto -Trutt Dog & Car wash. This is the same water and sewer service that serves the other six businesses that are located in our center. Since I am. planning on resurfacing acing this portion of the parking lot anyway, I would like to trench the'water and sewer service lines to these existing pipes, thereby connecting to the services In our primary building. I will require that Mr. Fritz install a sub -meter in the Coffee Kiosk just life we have done for our other tenants. The City will still read just one meter and we will continue to re - bill our tenants for their share of the water and sewer bill, as we already do. If the Coffee Kiosk were connected to, and therefore part of the existing building, this would not even be an issue; we would be allowed to connect it as we wish. Due to the two-way traffic flow required for this type of business, it is not feasible to incorporate It into our existing building. 10, understand Public Work's concern about the potential for Future subdivision of property that could create two separate parcels with buildings that are sharing a suer line. This has caused problems for the City and owners of these properties in the past, since there have been no easements or method of constructive notice of the existence of such underground connections prior to a subdivision that results in each building being on its own legal parcel. I have discussed this with Charlie Iarball and he agrees that this situation can be prevented through the use of a legal document to place a recorded legal notice that any request for subdivision shall be subject to review and potential re -piping of these utility connections. This type of legal, recorded document will gyve the City the mechanism they need to place these conditions on any future subdivision requests. This document will also serve to give future owners of this property notice as to the existence of these utility connections between buildings. I respectxlly request that you add wording to this policy that will allow for the following: "Appropriate legal documents may be utilized to allow a secondary building to connect their eater and suer service lines to the primary building's utility lines as long as the two buildings remain on a single legal parcel. Future subdivision of any such parcel can result in a `condition of subdivision' that rewires the sub -divider to relocate the service lines for the secondary building such that they are subsequently reconnected to the City water and suer mains"' I appreciate your consideration and support for this policy change. Sincerely, Michael Blend eargrass Holdings, LLP