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