3. Extension of Services PlansREPORT TO:
FROM:
SUBJECT
MEETING DATE:
Tri-City Planning Office
17 Second Street East - Suite 211
Kalispell, Montana 59901
Phone: (406) 751-1850
Fax: (406) 751-1858
tricity@centurytel.net
Kalispell Mayor and City Council
Tom Jentz, Director
Chris A. Kukulski, City Manager
Extension of Services Plan - Process, Policies and Procedures
August 12, 2002
BACKGROUND: The Mayor and City Council directed staff to conduct a work session that
addressed the existing Extension of Services Plan and the procedures that staff follows in
processing annexations. Several Council members have raised concerns about the
procedures staff has been following in the past. This meeting will provide an opportunity to
study the issues at hand.
Within state law, there are five different methods by which a city may annex land. The city
is free to use the method that best suits the type of land being annexed. The procedures
outlined in state law include:
(2) Annexation of Contiguous Land,
(3) Annexation of Contiguous Government Land,
(4) Annexation of Wholly Surrounded Land,
(5) Annexation by petition of the Property Owner, and
(6) Annexation with the Provision of Services.
Each method of annexation provided for in state law requires that an Extension of Services
Plan be adopted by the city and that the services for the area to be annexed must be
provided according to the plan. In 1984, the City of Kalispell adopted their first Extension
of Services Plan. This plan was updated in November 1995 and is attached for your review.
It establishes annexation policy for all lands within the city and specifically discusses what
services the city will provide, those improvements that are to be installed by a private
developer and who pays for these services.
The City's plan satisfies the basic statutory criteria for the various types of annexations
anticipated by the city. Please note that while each of the five annexation methods requires
that an Extension of Services plan be adopted by the city and followed in each case, there
is a specific exemption included in each annexation method. The requirement for an
Extension of Services Plan for first class cities is specifically waived if the property owners
to be annexed and the city mutually agree to the annexation. Below is the specific wording
found in each section and the waiver language using MCA Section 7-2-4620 Annexation by
Petition as an example:
7-2-4610. Provision of services. In all cases of annexation under current Montana
law, services must be provided according to a plan provided by the municipality as
specified in 7-2-4732, MCA, except:
Providing Community Planning Assistance To:
• City of Kalispell • City of Columbia Falls • City of Whitefish
Kalispell Mayor and City Council
Re: Extension of Services Plan
August 8, 2002
Page 2 of 3
(2) In first class cities, when otherwise mutually agreed upon by the municipality
and the real property owners of the area to be annexed.
Current Staff Practice:
The annexation situations are as varied as the methods of annexation provided for in state
law and current staff practice varies with the type of annexation proposed. In all cases
where there is not unanimous property owner consent to annex to the city, as was the case
in the recent Village Greens annexation, staff will prepare a "mini' site specific Extension of
Services Plan that will amplify and provide more detail than the city-wide Extension of
Services Plan. This mini plan will provide an updated site -spec discussion of the land to
be annexed.
In all cases where the property owners have petitioned the city to annex, the Extension of
Services Plan waiver is utilized. There are two common scenarios. One involves the
property owner who is proposing a subdivision and needs city services. The owners are not
contesting the need for annexation and the city's concerns for the extension of services are
typically worked out in the subdivision or PUD level reviews. This was the case in the
recent Phase 4 of Ashley Park annexation. In that case, the preliminary plat was reviewed
several years ago and the developer is merely following his multi -phase plan installing
infrastructure according to the conditions of subdivision plat approval. The other scenario
involves an already developed piece of land at the edge of the city where an existing on -site
service such as sewer or water has failed. Typically in those cases, the impact is extremely
small. This would be the case of the Ole's annexation at Reserve and US Highway 93
where urban development and services had ringed the Ole's site on two sides.
Attached you will find the MCA citation for the most commonly used form of annexation,
Part 46 - Annexation by Petition, so that you can see the actual requirements for
annexation and the extension of services plan as well as the exemption language for an
extension of services plan.
Need to update the Extension of Services Plan:
Please note that the City's Extension of Services plan is 7 years old and while the policies
are still true, the discussions of development patterns are becoming dated. The Extension
of Services Plan is ideally based on a municipal Growth Policy and the direction for growth
and development that it anticipates. It would be appropriate to adopt a new Growth Policy
for the city and at that, based on the growth policy, update the Extension of Services Plan.
RECOMMENDATION: Recommend that the current Extension of Services Plan be updated
immediately after the adoption of a new City Growth Policy.
Implement whatever changes in policies that are appropriate as recommended by Council.
FISCAL EFFECTS: Preliminary work session, N/A.
Kalispell Mayor and City Council
Re: Extension of Services Plan
August 8, 2002
Page 3 of 3
ALTERNATIVES: As suggested by the City Council
Respectfully Submitted,
Tom Jentz Chris A. Kukulski
Director City Manager
Report compiled: August 8, 2002
c: Theresa White, Kalispell City Clerk
Attachments: City of Kalispell Extension of Services Plan - November 6, 1995
Section 7-2-4601 - 4621, MCA - Annexation by Petition
H:\FRDO\TRANSMIT\KALISPEL\2002\EXT-SERVICES WORKSHOP
Part 46
Annexation by Petition
7-2-4601. Annexation by petition. (1) The boundaries of any incorpo-
rated city or town may be altered and new areas annexed as provided in this
part.
(2) The council or other legislative body of a municipal corporation, upon
receiving a written petition for annexation containing a description of the area
to be annexed and signed by not less than 33 1/3% of the registered electors of
the area proposed to be annexed, shall without delay submit to the electors of
the municipal corporation and to the registered electors residing in the area
proposed by the petition to be annexed the question of whether the area should
be made a part of the municipal corporation.
(3) (a) The governing body of a municipality need not submit the question
of annexation to the qualified electors as provided in subsection (2) if it has
received a written petition containing a description of the area requested to be
annexed and signed by:
(i) more than 50% of the resident electors owning real property in the area
to be annexed; or
(ii) the owner or owners of 50% of the real property in the area to be
annexed.
(b) The governing body may approve or disapprove a petition submitted
under the provisions of subsection (3)(a) upon its merits. When the governing
body approves the petition, it shall pass I a resolution providing for the
annexation.
History: En. Sec. 1, Ch. 168, L. 1945; R.C.M 1947, 11-506(1); amd. Sec. 293, Ch. 571,
L. 1979; (3)En. Sec. 1, Ch. 641, L. 1979; amd. Sec. 1, Ch. 279, L. 1985; amd. Sec. 10, Ch.
66, L. 1995.
Cross -References
Petition requirements generally, 7-1-4130.
7-2-4602. Election on question of annexation by petition. (1) The
question of annexation may be submitted at the next general municipal election
to be held in the municipal corporation or it may be submitted prior to the
general election, either at a special election called for that purpose or at any
other municipal election, except an election at which the submission of such
question is prohibited by law.
(2) The election shall be conducted and the returns made in the same
manner as other city or town elections. All election laws governing city and
town elections shall govern, insofar as they are applicable.
(3) Whenever the question of annexation under this title is submitted at
either a general city or town election or at a special election, separate ballots,
shall be provided therefor.
History: En. Secs. 1, 2, Ch. 168, L. 1945; R.C.M. 1947, 11-506(part), 11-507(paA);
amd Sec. 294, Ch. 571, L. 1979.
Cross -References General elections, 13-17104.
Elections generally, Title 13.
7-2-4603. Notice of election. (1) The council or legislative body shall
publish notice of the election as provided in 13-1-108.
(2) Such notice shall distinctly state the proposition to be submitted, i.e.,
that it is proposed to annex to, incorporate in, and make a part of such municipal
corporation the territory or territories sought to be annexed, specifically
describing the boundaries thereof.
(3) The notice of election shall designate the date of the election.
History: En. Sec. 1, Ch. 168, L. 1945; R.C.M. 1947, 11.506(part); amd. Sec. 295, Ch.
571, L. 1979.
7-2-4604. Repealed. Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 2, Ch. 168, L. 1945; R-C.M. 1947, 11-507(part).
7-2-4605. Repealed. Sec. 407, Ch. 571, L. 1979.
History: En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(part).
7-2-4606. Resolution of annexation. (1) (a) If it is found that a major-
ity of votes were cast in favor of the annexation, the city or town council or
other legislative body shall, at a regular or special meeting held within 30 days
of the election, pass and adopt a resolution providing for the annexation.
(b) The resolution must state that a petition has been filed with the council
or other legislative body with the signatures of 33 V3% of the resident electors
owning real property in the area proposed to be annexed; a description of the
boundaries of the area to be annexed; a copy of the resolution ordering a general
or special election; a copy of the notice of the election; the time and result of
the canvass of the votes received in favor of annexation and the number of votes
cast against annexation; and that the boundaries of the city or town will be
extended to include the area described in the petition for annexation. The
resolution must be incorporated in the minutes of the council or legislative
body.
(2) A resolution adopted pursuant to 7-2-4601(3) must include a statement
that a petition has been filed with the governing body containing the signatures
of more than 50% of the resident electors' owning real property or the owners
of 50% of the area to be annexed; a description of the boundaries of the area to
be annexed; and a statement that the boundaries of the municipality are to be
extended to include the area described in the petition for annexation. The
resolution must be incorporated in the minutes of the governing body. Upon
incorporation in the minutes, the resolution must be filed and becomes effective
as provided in 7-2-4607.
History: (1)En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11-507(3); (2)En. Sec. 1, Ch.
641, L. 1979; amd. Sec. 2, Ch. 279, L. 1985; amd. Sec. 11, Ch. 66, L. 1995.
7-2-4607. Filing of resolution. (1) The clerk or other officer performing
the duties of clerk of such council or legislative body shall promptly make and
certify under the seal of said municipal corporation a copy of said record so
entered upon said minutes, which document shall be filed with the clerk of the
county in which the city or town to which said territory or territories are sought
to be annexed is situated.
(2) From and after the date of the filing of said document in the office of
the county clerk, the annexation of such territory or territories so proposed to
be annexed shall be deemed and shall be complete. Thenceforth such annexed
territory or territories shall be, to all intents and purposes, a part of said
municipal corporation, and the said city or town to which the annexation is
made has the power to pass all necessary ordinances pertaining thereto.
History: En. Sec. 2, Ch. 168, L. 1945; R.C.M. 1947, 11.507(4).
7-2-4608. Restrictions on annexation power. (1) No territory which,
at the time such petition for such proposed annexation is presented to such
council or legislative body, forms any part of any incorporated city or town shall
be annexed under the provisions of this part.
(2) No parcel of land which, at the time such petition for such proposed
annexation is presented to such council or legislative body, is used in whole or
in part for agricultural, mining, smelting, refining, transportation, or any
industrial or manufacturing purpose or any purpose incident thereto shall be
annexed under the provisions of this part.
History: En. Secs. 3, 4, Ch. 168, L. 1945; R.C.M. 1947, 11-508, 11-509.
7-2-4609. Applicability of part. (1) This part does not repeal parts 43
and 45 having reference to extension of the corporate limits of cities of the first,
second, and third classes to include contiguous land but provides an alternative
method that the municipal governing body may in its discretion choose to use
for the annexation of territory or territories to municipal corporations.
(2) When any proceedings for annexation of territory or territories to any
municipal corporation are commenced under this part, the provisions of this
part and no other apply to such proceedings.
(3) When the proceedings for annexation of territory to a municipality are
instituted as provided in this part, the provisions of this part and no other apply,
except where otherwise explicitly indicated.
History: En. Sec. 5, Ch. 168, L. 1945; R.C.M. 1947, 11-510; amd. Sec. 18, Ch. 250, L.
1979; amd. Sec. 2, Ch. 641, L. 1979; (3)En. Sec. 3, Ch. 642, L. 1979; amd. Sec. 5, Ch. 130,
L. 1981.
7-2-4610. Provision of services. In all cases of annexation under cur-
rent Montana law, services must be provided according to a plan provided by
the municipality as specified in 7-2-4732, except:
(1) as provided in 7-2-4736;and
(2) in first-class cities, when otherwise mutually agreed upon by the
municipality and the real property owners of the area to be annexed.
History: En. Sec. 2, Ch. 642, L. 1979; amd. Sec. 4, Ch. 447, L. 1981; amd. Sec. 12, Ch.
66, L. 1995.
7-2-4611 through 7-2-4620 reserved.
7-2-4621. When land conclusively presumed to be annexed. A tract
or parcel of land that has been shown on municipal maps or plats as being
within municipal boundaries but is later found to have been improperly or
unofficially annexed is conclusively presumed to be annexed and may be so
recorded if municipal taxes have been paid on the tract or parcel without protest
for a period of 7 years.
History: En. Sec. 1, Ch. 109, L. 1981.
Part 47
Annexation With the Provision
of Services
7-2-4701. Short title. This part shall be entitled "The Planned Commu-
nity Development Act of 1973".
History: En. 11.514 by Sec. 1, Ch. 364, L. 1974; R.C.M. 1947, 11-514.
7-2-4702. Findings. (1) It is declared as a matter of state policy that
current annexation laws and planning methods incorporated in the Montana
system are in many cases discriminatory and are in many of the Montana cities
causing indiscriminate growth patterns and in many cases forcing citizens of
municipalities to be annexed without provision for adequate city services
extended and provided for them.
13
CITY OF KALISPELL
EXTENSION OF SERVICES PLAN
ADOPTED BY RESOLUTION #4241
NOVEMBER 6, 1995
TABLE OF CONTENTS
I. INTRODUCTION
A. Statutory Requirements 1
S. Relationship to Master Plan 2
II. URBAN GROWTH BOUNDARIES
A. Economic Conditions and Trends 3
B. Physical Growth Trends 4
1. Impediments to Growth 4
2. Growth Stimulants 5
3. Prevailing Growth Patterns 5
4. Projected Growth Area 7
III. EXTENSION OF CITY SERVICES
A. Streets 8
B. Street Maintenance 10
C. Sanitary Sewer 10
D.
Storm Water Management
13
E.
Water
14
F.
Solid Waste Management
16
G.
Fire Protection
17
H.
Law Enforcement
18
IV. POLICIES FOR EXTENDING SERVICES
A.
General Policies
19
B.
Extension of Services to Undeveloped Areas
19
C.
Services in Existing Developed Areas
20
D.
Meeting the Costs of Services
21
INTRODUCTION
THIS EXTENSION OF SERVICES PLAN IS INTENDED TO BE USED AS A GUIDE
FOR THE PROVISION OF CITY SERVICES TO THOSE AREAS OF THE CITY NOT
AT THIS TIME SERVED, AS WELL AS TO TERRITORIES TO BE ANNEXED INTO
THE CITY. THE PLAN WILL SERVE THREE BASIC OBJECTIVES: (1) TO MEET
MONTANA STATUTORY REQUIREMENTS FOR ANNEXATION OF LANDS, (2) TO
PROVIDE A LOGICAL FRAMEWORK, IN CONCERT WITH THE KALISPELL AREA
TRANSPORTATION PLAN, THE 201 FACILITIES PLAN OF 1984, THE KALISPELL
SOUTH WOODLAND FACILITY PLAN OF 1995, AND THE KALISPELL CITY -COUNTY
MASTER PLAN, TO GUIDE FUTURE GROWTH OF THE COMMUNITY, AND (3) TO
ESTABLISH POLICIES WHICH CLEARLY IDENTIFY METHODS OF FINANCING AND
EXTENDING MUNICIPAL SERVICES AND THE PARTY OR PARTIES RESPONSIBLE
STATUTORY REQUIREMENTS
In order to satisfy statutes 7-2-4731, M.C.A., "Plans and Report on
Extension of Services Required," and 7-2-4732, M.C.A., "Contents of
Plan For Extension of Services," the City of Kalispell is required
to show how it will provide services to areas proposed for annexa-
tion. Specifically, such a plan must establish at least a five-
year urban growth boundary based on availability of water, sewer,
storm drainage, solid waste disposal, streets, police protection
and fire protection.
If it becomes necessary to extend streets, water, sewer, or other.
municipal services into an area to be annexed, the plan must set
forth a proposed timetable for construction and show how the
municipality plans to finance extension of these services. If the
area to be annexed is currently served by adequate water, sewer and
streets, and no capital improvements are necessary, the
municipality must provide plans of how it intends to finance other
services, mainly police protection, fire protection and solid waste
disposal, as well as how it will continue utility service.
The location of the urban growth boundary is determined by
considering available undeveloped and underdeveloped lands in the
context of existing municipal services and the logical extension of
these services into undeveloped land. In addition, past community
growth trends, as well as existing community growth stimulants and
deterrents, are taken into consideration in projecting growth area
boundaries.
1
The proposed growth boundary should also conform to the adopted
Master Plan, and whenever practical, should use natural topographic
features such as ridge lines, streams or creeks as boundaries. If
a street is used as a boundary, land on both sides of the street is
included in the growth area with the outside boundary being
approximately 200 feet beyond the right-of-way of the street.
RELATIONSHIP TO THE KALISPELL CITY -COUNTY MASTER PLAN
THIS EXTENSION OF SERVICES PLAN, BY REFERENCE, HEREBY INCORPORATES
THE KALISPELL CITY -COUNTY MASTER PLAN ADOPTED IN 1986, AS AMENDED.
THE MASTER PLAN HAS BEEN USED AS A SOURCE OF TECHNICAL INFORMATION
PRESENTED IN THIS DOCUMENT (SOME OF WHICH HAS BEEN UPDATED). THE
ADOPTION AND IMPLEMENTATION OF THIS PLAN WILL ASSIST THE CITY IN
ACHIEVING A NUMBER OF GOALS AND OBJECTIVES CONTAINED IN THE ADOPTED
MASTER PLAN.
The following is a summary of Master Plan goals to which this
Extension of Services Plan bears a direct relationship:
GROWTH MANAGEMENT
A COMPREHENSIVE, EFFECTIVE GROWTH MANAGEMENT PROGRAM WHICH PROVIDES
ALL THE NEEDS OF THE COMMUNITY, IS ADAPTABLE TO CHANGING TRENDS AND
IS ATTUNED TO THE OVERALL PUBLIC WELFARE.
ADMINISTRATION
A CITY AND COUNTY ADMINISTRATION WHICH JOINTLY COOPERATE IN
PROMOTING, GUIDING AND DIRECTING THE PLANNING JURISDICTION'S GROWTH
AND DEVELOPMENT.
ENVIRONMENT
AIR, WATER, OPEN SPACE AND SCENIC VISTAS UNHINDERED BY POLLUTION,
BLIGHT OR OTHER DEGRADING FACTORS.
ECONOMY
A HEALTHY DIVERSIFIED ECONOMY PROMOTED BY CAREFUL PLANNING OF TYPE,
LOCATION AND DESIGN OF INDUSTRIAL SITES, SHOPPING AREAS AND TOURIST
FACILITIES.
TRANSPORTATION
A COMPREHENSIVE CIRCULATION SYSTEM WHICH SERVES THE COMBINED NEEDS
OF THE COMMUNITY, PLANNING JURISDICTION AND REGION, AND PROVIDES
SAFE, CONVENIENT AND ECONOMICAL ACCESS TO ALL FACILITIES THROUGHOUT
THE AREA.
PUBLIC FACILITIES
AN ECONOMICAL, BALANCED DISTRIBUTION OF PUBLIC FACILITIES AND
SERVICES THROUGHOUT THE PLANNING JURISDICTION FOR PRESENT AND
ANTICIPATED FUTURE RESIDENTS.
RECREATION
A BALANCED DISTRIBUTION OF RECREATIONAL FACILITIES THROUGHOUT THE
PLANNING JURISDICTION PROVIDING ACCESS TO ALL AGE GROUPS AND INCOME
LEVELS.
AGRICULTURE
A STABLE, VIABLE AGRICULTURAL INDUSTRY WHICH WILL SUPPORT THE
COUNTY'S AGRI-BUSINESS ECONOMY, PROVIDE BASIC EMPLOYMENT, AND
MAINTAIN OPEN AREAS.
URBAN GROWTH BOUNDARIES
The urban growth area is the projected service area in which
municipal services can or may be extended over a period of 10-15
years, depending upon needs and demand. Boundaries of the urban
growth area are established based on prevailing and anticipated
growth trends, with consideration given to growth stimulants as
well as growth deterrents or impediments. Population and economic
trends that affect community growth or decline are also critical
factors which must be analyzed in order to accurately establish
urban growth area boundaries.
ECONOMIC CONDITIONS AND TRENDS
The Flathead Valley is the economic hub for a five -county area.
The valley is home for a population of roughly 65,000 persons and
some 25,000 households, though its retail, financial, professional
and medical services are utilized by more than 120,000 people
residing in the five -county trade area. The City of Kalispell and
its immediate environs contain approximately 28,000 people and
encompass a retail trade area of approximately 31,000 square miles.
The City's retail activity, historically strong, is on the upswing.
The following documents can be consulted for information relative
to the area's socioeconomic trends and conditions: The 1994 Update
of the Flathead County Overall Economic Development Plan, The
Kalispell Area Transportation Plan, The Flathead County Economic
3
Development Assessment, The 1990 Federal Census, The Sunrift Center
for Sustainable Communities' Flathead Guages, and the Kalispell
Area Chamber of Commerce Annual Profile.
The area's population continues to accelerate at a steady pace with
the potential for unprecedented growth over the next twenty years.
Studies done in conjunction with a major area -wide traffice study
indicate Flathead County's population could increase by another
25,000 in that time - an astounding 42% increase. According to the
federal census of 1990, Flathead County has seen a growth rate of
14% between 1980 and 1990, while the other four counties in the
trade area grew by 10%. The population of the State of Montana
during that same period grew just 2%.
PHYSICAL GROWTH TRENDS
The City of Kalispell did not significantly expand its physical
boundaries between 1980 and 1992. However, in the last three years
a number of annexations have occurred, involving approximately 185
acres of land. There exist certain "influencing factors" which can
either stimulate or impede the physical growth of a city. In
conjunction with the ability to provide services, these influencing
factors must also be given consideratin in the establishment of
future service and growth area boundaries.
IMPEDIMENTS TO GROWTH
The identified impediments to growth in and around Kalispell are
floodplains, lands of agricultural significance, soils unsuitable
for development, and steep slopes (see Figure 1).
Floodplains are those areas that are subject to periodic flooding.
While development adjacent to waterways and shorelines has
historically been desirous, and at times necessary, there are
associated costs, including loss of life, property damage, and the
disruption of business; community and individual lives.
Floodplains have both value and function; development on and
modification to these lands, however, can have adverse affects on
north only water resources, but on living and cultural resources as
well. Floodplain associated with the Whitefish, Stillwater and
Flathead Rivers and their respective drainages east of Kalispell is
a limiting factor with respect to urban growth in that direction.
Certain lands to the north, west and northwest of Kalispell have
been identified as agriculturally significant. It is recognized
that such lands represent a finite resource, not only at the local
level, but at state and national levels as well. The Kalispell
City -County Master Plan contains a number of goals and objectives
aimed at protecting prime agricultural lands within the planning
jurisdiction. The plan specifically states that "this resource
should be protected by allowing limited conversion of agricultural
lands only in those areas which are not productive agricultural
4
lands or where those lands are needed for proper urban expansion
(emphasis added)."
The existence of certain types of soils renders some areas of the
valley unsuitable for urban development because of one or more of
the following properties: alkalinity, salinity, acidity, or slow
or rapid permeability. For the most part these soils occur south
of the present city imits, and to a lesser extent to the west.
Although some soils may be unfavorable for development, most
disadvantages can be overcome through engineering solutions and
construction techniques. It should be noted that while the
disadvantages these soils present can be overcome, such
circumstances will likely result in added expense to the public in
providing services such as streets, sewer and water service, and
storm drainage, and to the property owner in terms of construction
and engineering costs.
Slopes generally exceeding twenty percent (20%) are considered an
impediment to urban development. Development on such slopes,
including buildings, roads, driveways and other improvements, can
have significant impacts on existing drainage patterns, riparian
vegetation, wildlife, adjacent (particularly downhill) properties,
and the existing natural scenic qualities of the community. While
the City of Kalispell is generally situated on the valley floor,
there are instances of steep slopes southwest of the city and along
certain segments of the Whitefish and Stillwater Rivers.
GROWTH STIMULANTS
Growth stimulants can be defined as any pressure exerted upon a
city which may cause or encourage that city to grow in a particular
direction. Growth stimulants may be physical factors such as a
scenic environment or a proximity to services and/or utilities. A
desirous quality of life or a strong economy can also stimulate the
growth of a city. The physical beauty of the Flathead Valley and
its perceived quality of life has spurred substantial growth in
recent years. The greater Kalispell area is expected to continue
to attract its share of the area's overall population growth,
mainly due to its role as the Flathead County seat, and the retail,
medical, financial and service hub of the area.
PREVAILING GROWTH PATTERNS
The prevailing growth patterns in the Kalispell area, and the
probable growth stimulants associated therewith, are as follows:
- North, along Whitefish Stage Road
This area is generally served by both sewer (Village County
District) and water (Evergreen Water District), is proximate to
city amenities and a new elementary school. There are established
5
suburban subdivisions in the vicinity - Mission Village and
Hillcrest Estates - and there are subdivisions under construction -
Buffalo Stage, Village Greens and Country Village.
- North, along Highway 93, south of Tronstad Road
The medical campus surrounding Kalispell Regional Hospital,
Flathead Valley Comunity College, city services and utilities, a
recently -approved 18-hole golf course, and undeveloped land have
spurred residential and health -related development in the north end
of Kalispell and beyond. The State Lands section at the southwest
corner of Highway 93 and Reserve Drive also represents tremendous
potential for non-commercial development, and has been identified
as a prime location for the county fairgrounds, should it in the
future be relocated.
- East and north, along Highway 2
Highway improvements, the availability of sewer and water, and its
proximity to Kalispell have improved the viability of this
commercial strip. The existing building stock is somewhat dated,
but it is expected that land assemblage and clearance will continue
to make room for future commercial development.
- South, along South Woodland Drive and Kelly Road
Growth stimulants in this area include the proximity to city
amenities, the availability of city services and utilities,
existing, though limited, infrastructure, and a good inventory of
undeveloped land.
- South, along Airport Road
Residential subdivision activity continues in this area because of
the availablity of city utilities, excellent transportation
infrastructure and the proximity to Kalispell and its amenities.
- South, below Sunnyside Drive, East of Valley View Drive
This area is largely undeveloped, though a number of residential
preliminary plats have been approved. The availability of city
utilities make this an attractive area for future growth.
- Southwest, in the Foy's Lake area
This area is experiencing steady residential development as it
affords residents a rural lifestyle within minutes of the amenities
Kalispell has to offer.
- West, in the vicinity of Two- and Three -Mile Drives
11
The availability of city utilities, a suburban atmosphere near city
amenities, and available land are attracting growth in this area.
- Infill, where available
There is not an abundance of undeveloped land within the city, but
there are areas with development and redevelopment potential.
Neighborhood Plans, serving as amendments to the City -County Master
Plan, have been developed and adopted for the Kalispell City
Airport and its environs, and the North Meridian Rod area between
Highways 2 and 93 in the northwest sector of Kalispell. The
adoption of these plans will help facilitate appropriate
development in each neighborhood. If or when the county
fairgrounds is relocated, the 50-acre site it now occupies may be
available for mixed use (residential and office/commercial)
development. A 70-acre Planned Unit Development has been approved
north of the existing hospital. The PUD will allow a mix of
residential, neighborhood commercial, office and medical uses.
There are also existing residential areas in south Kalispell that
could accommodate additional density through the extension of city
utilities.
PROJECTED GROWTH AREA
It is recognized that there are no overwhelming barriers that would
impede the physical growth of the city during the next five years,
although productive farmland to the north and northwest may be a
limiting factor in the long term (20-30 years). The Flathead River
to the east and the Lone Pine bluffs to the west may similarly
impede growth in the long term. The growth stimulants discussed
above, particularly the availability of city utilities, will
presumably steer the future urban growth of the City of Kalispell.
The boundaries of the future service area of Kalispell (the extent
to which the city is willing and able to extend services) have been
conceived on the basis of the city',s historical growth, recent
growth trends, growth stimulants and impediments, population
projections, current zoning, the anticipations of the Kalispell
City -County Master Plan and the Kalispell Area Transportation Plan,
the 201 Facilities Plan of 1984, and the general physiography of
the vicinity.
As a part of the Kalispell Area Transportation Plan the planing
area was divided into a number of "Traffic Analysis Zones (TAZs)."
Within each zone population growth was projected by considering
recent land use trends, land availability and capability, land use
regulations and policies, planned public improvements, known
development proposals, and other relevant factors. Figure 2
illustrates the KATP's projected land use growth areas.
EXTENSION OF CITY SERVICES
A number of studies have been done to determine the effects of
various types of development on a municipality's cost outlays.
These studies have consistently shown that the net. public costs
resulting from low -density sprawl development are higher than those
resulting from higher density developments of the same number of
homes. In simple terms, it costs more to extend sewer and water
service, to provide police and fire protection, to fund road
repair, to send out school buses, and to provide refuse collection
service when homes are spread out than when they are proximate to
existing services and facilities.
In order to achieve compact, orderly and efficient urban growth,
plans for the extension of municipal services into growth areas
must be developed and implemented. In addition to identifying the
services available and a plan to physically provide those services
within a defined service area, it is also essential to both
identify the party responsible for service extension and a method
of financing the extension.
The services which are considered for extension into the future
growth areas of the city are streets, sanitary sewer, storm sewer,
water, police protection, fire protection and solid waste
collection.
STREETS
The transportation network within and around a community plays a
significant role in its physical development and growth. This
network of streets, roads and highways should be coordinated to
form a system that not only provides efficient internal
circulation, but one that also facilitates through traffic. Since
streets serve two basic functions, moving traffic and providing
access to abutting lands, each street should be classified and
designed for the specific function or combination of functions that
it is to serve. This functional classification system forms the
basis for planning, designing, constructing, maintaining and
operating the street system. Street classification can also be
used as an equitable and practical method of allocating
responsibility for street and road construction expenditures. For
these reasons urban streets are generally designed and developed in
a hierarchy comprised of the following types:
Major Arterials
A major road or highway with moderate to
traffic volumes. Major arterials provide
transportation network, and move traffic
between cities and communities. Access
limited. Traffic volumes would typically
per day.
N
high speeds and high
access to the regional
across the county and
to abutting lands is
exceed 15,000 vehicles
Minor Arterials
A major road with moderate speeds designed to collect or move
traffic from one major part of the community to another or to move
traffic to and from the major arterial system. Traffic volumes
would generally range from 5,000 to 15,000 vehicles per day.
Collectors
A secondary or intermediate street with moderate speeds and low to
moderate volumes. Such streets would collect local traffic from
neighborhoods and carry it to adjacent neighborhoods or transfer
the traffic to the arterial system. Such streets would typically
serve a neighborhood or area with 150 or more dwellings and carry
1,000 to 5,000 vehicles per day.
Local
Minor streets intended to serve individual sites, buildings or
lots. Local streets either feed into collectors or provide
destination access off of collectors.
Streets within the Kalispell City -County Master Plan planning area
are listed according to functional classification in the 1986
Master Plan. The Kalispell Area Transportation Plan (KATP), which
has been adopted as the transportation element of the master plan,
updates the master plan list with its proposed MAJOR STREET NETWORK
(pp. 63-68, KATP). This proposed network is based on the
transportation plan's travel demand projections for the year 2015.
The City of Kalispell street system is comprised of more than 90
miles of streets and alleys, and some 2500 acres of public rights -
of -way.
The KATP has identified priority projects for the Kalispell and
surrounding street systems, which, if implemented, will achieve the
proposed Major Street Network and result in a benefit to existing
traffic system performance. The proposed improvements will also
serve future development needs as urban development expands into
the adjacent rural areas surrounding Kalispell. The plan, in
addition to identifying deficiencies and recommending improvements,
also gives cost estimates for the improvements and identifies
funding responsibility.
The priority projects identified in the Kalispell Area
Transportation Plan involve, for the most part, either arterials or
collectors, which are typically the responsibility of federal,
state or local governments (or a combination thereof), with respect
to construction and maintenance. All new development,, pursuant to
annexation, which further impacts the existing or proposed street
network will be subject to conditions of approval intended to
mitigate said impacts. It will be the responsibility of the
developer of a new subdivision to provide local streets built to
city standards, including curbs, gutters, sidewalks, boulevards,
street signs, street lights and street trees. Standards for such
improvements are contained in the City of Kalispell's Subdivision
Regulations and the City's Standards For Design and Construction.
The POLICY section of this plan details these requirements.
The City of Kalispell also levies a Special Street Maintenance
Assessment on properties within the city. This assessment provides
for the salaries of the city street sweeper operator and support
expenses associated with sweeping and flushing streets, leaf
removal, snow removal and sanding/de-icing services. Currently,
the assessment is $.0045 per square foot of land.
STREET MAINTENANCE
The City of Kalispell plows dedicated streets within the
incorporated area, while the Montana Department of Transportation
plows U.S. Highways 2 and 93 through the city. As annexation
occurs the same plowing procedures will be followed. The present
equipment is generally considered adequate for the city's snow
plowing needs, although in the event of an unusually heavy snowfall
the city will contract with local operators for assistance. The
need for additional equipment and personnel should be determined
and coordinated as the city grows.
The city also has an agreement with the Montana Department of
Transportation whereby the city agrees to sweep, clean and sand
Highway 2 within the city limits and east to the Flathead River
bridge (including a segment of State Highway 35), and Highway 93
within the city limits and as far north as Reserve Drive. The
State of Montana supplies the city with two street sweepers in
exchange for the city providing the service.
A portion of the above -described Special Street Maintenance
Assessment helps fund the city's snow plowing program.
SANITARY SEWER
A sewerage system is a network of sewers used to collect the liquid
wastes of a city for subsequent treatment. The location and
capacity of main sewer lines and treatment plants are a factor in
determining both the density and location of development within a
community. Generally, the design of main sewer lines and plant
capacity is reflective of anticipated land uses and population
projections of a predetermined "service" area.
In contrast to a pressurized distribution system, sewage is
collected by a gravity flow system, wherein sewer lines are laid
out in a manner as to flow continually downhill. Where grades are
10
insufficient to provide gravity flow, pumping of the sewage becomes
necessary. Adding pump stations to the system correspondingly adds
expense and maintenance needs and is generally discouraged. The
city system currently contains more than 52 miles of sewer mains
and thirteen sewage lift stations.
The City of Kalispell operates a wastewater treatment plant which
provides secondary treatment with advanced biological nutrient
removal. The plant is located on the south edge of the city on
Airport Road. The treatment plant is designed to accommodate a
flow of approximately 3.1 million gallons per day (mgd). A plant
of this capacity is able to serve a population of approximately
31,000. The plant is currently treating an average of 1.5 mgd of
effluent, with 0.5 mgd of capacity allowed for infiltration and
inflow of storm water.
High groundwater infiltration and storm runoff inflow are having a
significantly negative impact on the city's collection system.
Infiltration and inflow are extraneous waters which can enter the
sewer system and thus reduce the sewage carrying capacity of the
sewer, pump station and treatment systems. As the amount of
infiltration and inflow is reduced, the ability of the plant to
serve a larger population is increased. Much of the storm runoff
inflow has been eliminated through the construction of underground
storm drainage facilities, elimination of cross -connected
stormwater catch basins and disconnection of roof drains from
sanitary sewer lines. As the city's street reconstruction program
continues, storm drainage is being improved.
The residents of the Evergreen area are served by the Kalispell
wastewater treatment plant via the Evergreen sewage collection
system. This collection facility was constructed in 1993-94 and is
owned and operated by the independent Evergreen Water and Sewer
District. The system consists of 38 miles of conventional gravity
and small diameter sewer lines, 23 lift stations and 10 miles of
pressurized sewage force mains. The system is designed to serve
2,500 to 3,000 customers and by contract is allotted a 22% share of
the City of Kalispell wastewater treatment plant's current
operating capacity.
The design of new sewage collection systems must meet the current
requirements of the Montana Department of Health and Environmental
Sciences, the Montana Public Works Standard Specifications, the
city's Standards for Design and Construction and the policies for
extending services described in this plan.
Most of the Kalispell service area which at this time is not
developed will, upon development, require new sewage lift stations
or will impact existing sewage pumping facilities. The major
exceptions are certain areas west of town, where in many cases
gravity sewer extensions can be designed to serve the areas
adjacent to the current city limits. However, as development
11
continues further west, sewage lift stations will be necessary as
well.
Throughout the Kalispell sewer service area there are many high
density residential neighborhoods utilizing septic sewage disposal.
Properties served by septic systems inside the city limits include
lands east of Dry Bridge Park along Woodland Avenue and South
Woodland Drive, and scattered lots west of Highway 93 and north of
Three Mile Drive. Plans are being developed to bring these areas
onto the city sewer system in the next five years.
Outside the city limits, Kalispell is ringed by areas of high -
density residential development with septic sewage disposal. These
include the Ramsgate and North Haven subdivisions on the northwest,
the Two Mile Drive (west of Spring Creek) and Foy's Lake areas on
the west, a slaughter house and trailer park on Airport road on the
south, scattered development on Willow Glen Drive between Twin
Acres Drive and Conrad Drive on the east, various subdivisions on
Whitefish Stage Road on the northeast, and the Country Estates and
Mountain Villa developments on the north. These areas, as well as
the Evergreen sewer special improvement district, comprise the City
of Kalispell sewer service area as shown on Figure 3. During the
next five years, and beyond, the influences of continued property
development, failing septic disposal systems, and the State's Water
Quality and Nondegredation Rule will combine to bring many of these
areas onto the city's sewer system.
The ultimate capacities of the North Village and Evergreen sewer
districts are constrained by the limits of their sewage pumping
systems and the lengthy pressurized force mains which connect them
to the city system. Operating with finite limits, the two have
allocated their capacities to property within their respective
districts, and have little potential for extensions beyond their
boundaries.
Sewer extensions associated with the Evergreen force main are
governed by the policies of the Kalispell sewer department, as
properties served by those extensions will also be customers of the
City of Kalispell. The Evergreen force main is a 14- inch- diameter,
5-mile-long pressurized sewer main, designed to carry over 700,000
gallons per day of liquid sewage; the policy for extensions from
this force main are intended to limit the possibility of damage to
this vital link between the Evergreen and Kalispell systems or of
an interruption of service. Connections will be limited to
pressurized force mains from lift stations serving neighborhood
collection systems and, to minimize the number of connections to
the 14-inch force main, each neighborhood lift station will be
designed to maximize its potential service area.
Detailed engineering studies are required to determine the best
location for the sewer lines and lift stations based on individual
12
development proposals, with consideration given to the long range
needs of the area(s) surrounding the development site.
STORM WATER MANAGEMENT
Storm water runoff is the water flowing over the surface of the
ground during and as a result of a rainfall or as a result of a
snow melt. The primary goal in the management of storm water
runoff is, through the provision of appropriate facilities, to
minimize hazards to life and property. This is accomplished by
using storm sewers to collect and carry rain or surface water to a
natural water course or body of water in such a way as to prevent
flooding and the resultant damage.
There are six primary storm water drainage service areas in the
city. Area 1 drains the northeastern portion of the city east of
Highway 93, discharging into the Stillwater River. Area 2
encompasses that area between Highway 93 and Meridian Road north of
the Burlington Northern railroad right-of-way, and discharges to
the west in the vicinity of the Old Mill Pond Ditch. Area 3 drains
that area generally described as being east of Highway 93 and north
of the Burlington Northern right-of-way, as well as about a 15-
block area south of Center Street and east of Main Street. Area 3
drains easterly into the vicinity of Woodland Park and south to the
Stillwater River drainage. Area 4 generally includes that area
south of the railroad right-of-way on either side of Main Street,
and discharges south into Ashley Creek behind the city shops
complex. Area 5 is concentrated on Meridian Road and on 7th Avenue
West south of Center Street, with discharge into Ashley Creek near
the west end of Ilth Street West. Area 6 consists of what is known
as the Mosquito Control system, and was formerly operated by the
Flathead County Mosquito Control Board. The city acquired control
of the system from the County in 1993. The system's gravity
collection mains run generally along and north of 18th Street from
5th Avenue East to Airport Road, with catch basins at 5th Avenue
East, 3rd Avenue East and at scattered locations on the Outlaw Inn
and Diamond Lil's properties. The remainder of the city has, for
all practical purposes, no storm sewer infrastructure. Storm water
is drained by flowing along gutter lines and in streets. Most
recent developments within the city limits which are unable to tie
into existing systems utilize less complex, on -site means of
handling storm water.
As new city streets are constructed, and as existing streets are
improved, storm drainage infrastructure will be installed or
improved. Those persons developing property have the responsi-
bility to convey storm water from their property to an appropriate
point of disposal. The quantity and rate of runoff from a
developed piece of property should not exceed that which would
occur had the property remained undeveloped.
13
The city also levies a Storm Sewer Maintenance Assessment on
properties within the city limits. Assessments are based on the
classification of the property according to use, and range from
$.0013735 to $.005494 per square foot of land area.
A new Area #7 will be served by a sewer main to be constructed in
the summer of 1996 along 14th Street East, between 5th Avenue East
and Dry Bridge Park. Drainage from the area east of 5th Avenue
East between loth and 14th Streets East will flow through Dry
Bridge Park and south to the Stillwater River.
Clean Water Act regulations currently require storm water treatment
for urban areas with populations in excess of 100,000. It is
expected that expanded storm water regulations will apply to
smaller communities in the near future.
WATER
It is the stated mission of the City of Kalispell Water Department
to provide safe, potable and palatable water for the needs of the
domestic, institutional, industrial and commercial consumer and to
provide adequate pressure and flow to meet fire fighting and
irrigation needs. As growth expands into areas served only with
on -site waste disposal facilities (septic and cesspool systems),
on -site water supplies become more susceptible to contamination.
Additionally, the proliferation of aging septic tanks and cesspools
found in the fringe areas of the city poses a threat to the
aquifers that provide the community's water. Therefore, as a
measure to insure the public health, it is desirable to make the
public water supply available to those areas contiguous to the
city.
Water for the City of Kalispell is supplied by a publicly -owned
system of water wells and a natural spring. The pumping station at
the spring has three pumps with capacities of 3,000, 2,500, and
2,000 gallons per minute (gpm) respectively. The three pumps are
capable of simultaneously pumping between 6,100 and 6,200 gpm,
depending on the reservoir water levels. Chlorination is the sole
treatment introduced into the city water supply. The three wells
provide additional water supply from an average depth of 250 feet.
The well water is not treated with chlorination. The three wells
are located at the south edge of the city in the vicinity of the
National Guard Armory, in the center of the city near Depot Park,
and on Buffalo Hill.
Water storage tanks are used to equalize pressure throughout the
54-mile-long distribution system and to provide emergency supply in
case of an interruption of power or a failure of pumping equipment.
They also provide the flow necessary to meet peak demands. The
amount and location of stored water also represents a key component
of the water system's ability to deliver water for the purpose of
14
fire suppression. The city currently utilizes two storage tanks
with capacities of 2.7 million gallons and 1.7 million gallons
respectively. A nearby booster station pumps water into an
elevated tank with a 100,000 gallon capacity. This system serves
the upper level pressure zone - those areas of the city generally
lying above 3,000 feet in elevation. This portion of the city's
system is described in detail in the 1991 Upper Service Zone
Engineering Analysis prepared by Hafferman Engineering. The
primary recommendation of this study was the development of a new
2,000 gpm well in the vicinity of Grandview Drive and Highway 93
North. This well is currently being designed and should be in
service by the fall of 1995. The well will improve fire fighting
capabilities in the vicinity of the Junior High School and
Kalispell Regional Hospital, and will provide the security of a
second source of water for the upper service zone. The new well
will also provide the water supply surplus necessary to enable
continued development north of Three Mile Drive and the municipal
golf course.
Under the requirements of the Federal Safe Drinking Water Act
(SDWA), the water supply is tested for a wide variety of
contaminants on a regular basis. Extensive testing for coliform
bacteria, giardia cysts, lead and copper, and a wide range of
solvents and pesticides has shown that Kalispell's water is of the
highest quality. Pending SDWA requirements include additional
testing and a comprehensive backflow prevention program to prevent
contamination through siphonage or back -pressure.
The Evergreen Water District operates a municipal community water
system which originated in 1968. The present system consists of a
series of wells with average daily capacity in excess of 2.25
million gallons. The system also includes a ground -level storage
tank with a capacity of 1 million gallons. Any discussion of
Kalispell's water service area excludes those areas served by the
Evergreen Water District.
This water service plan is developed to guide the extension of
water mains into areas of growth as and when development occurs.
The plan is based on the objective of providing adequate water flow
to meet household, commercial, industrial and irrigation demands,
while meeting fire protection needs as well. The distribution
system must be able to deliver water in sufficient quantity to all
residents at all times. Ideally, a water distribution is of a grid
layout with supply and storage facilities strategically located to
equalize pressure during periods of heavy usage. Dead-end lines
should be avoided to eliminate stagnant water and to reduce the
number of customers who would be out of water during periods of
line repair.
The provision of water for fire fighting purposes is as important
as, and as consumptive as, that required for domestic and
commercial uses, and must be considered when evaluating
15
transmission, storage and distribution facilities. Although
structure size and type to a large degree determine fire flow
requirements, certain areas of the city and its environs, based on
anticipated or potential land uses, have been identified as needing
specific fire flows. As a point of reference, for single -story
structures the available fire flow should be a minimum of 1,000
gallons per minute (gpm). Figure 4 identifies required fire flows.
SOLID WASTE MANAGEMENT
Solid waste management - the collection and disposal of solid
refuse - is provided within the city by both the municipality
itself and by private haulers. The majority of households within
the city are served by the public utility, while the bulk of the
businesses in town are served by private haulers. Refuse collected
within the city limits is transported to the Flathead County
landfill located approximately five miles north of Kalispell.
The city provides weekly residential pick-up of refuse for an
annual fee of $70.00, while businesses receive, if needed, multiple
pick-ups each week. The city utilizes two side -arm loaders for
collection and transportation of garbage to the landfill. The
demand for solid waste collection is directly proportionate to the
size of the community. Therefore, as the City of Kalispell accepts
annexations, its solid waste service area will increase as well.
The extension of this service to newly -annexed areas is subject to
the provisions and limitations of 7-2-4736, M.C.A., as follows:
1. A municipality that annexes or incorporates additional area
receiving garbage and solid waste disposal service by a motor
carrier authorized by the public service commission to conduct such
service may not provide competitive or similar garbage and solid
waste disposal service to any person or business located in the
area for 5 years following annexation, except:
a. Upon a proper showing to the public service commission that the
existing carrier is unable or refuses to provide adequate service
to the annexed or incorporated area; or
b. After the expiration of 5 years, if a majority of the residents
of the annexed or incorporated area sign a petition requesting the
municipality to provide the service.
2. If a proper showing is made that the existing carrier is unable
or refuses to provide adequate service to the annexed or
incorporated area or, after the expiration of 5 years, if a
majority of residents sign a petition requesting service from the
municipality, the municipality may provide garbage and solid waste
disposal service to the entire annexed or incorporated area.
16
3. For the purposes of determining whether an existing motor
carrier provides adequate service, those services provided by the
carrier prior to annexation are considered adequate services.
FIRE PROTECTION
The ability of a municipal fire department to provide fire
protection and suppression is dependent upon the size and expertise
of the department staff, the equipment available to the department,
the availability of an adequate water supply, adequate water
pressure, and the time involved in responding to a call.
Fire protection within the city limits of Kalispell is provided by
the Kalispell Fire Department. Located at City Hall, the
department has 18 full-time firefighters and three officers. The
city enjoys a fire insurance rating of "5", with all areas of the
municipality equipped with fire hydrants. The department is fully
equipped with adequate and up-to-date equipment, including the
following:
1988 Grumman 1500 gpm pumper
1973 Superior 1250 gpm pumper
1978 Seagraves 85-foot aerial ladder with 1250 gpm pumper
1950 Pirsh 750 gpm pumper
Four Ambulances
Fire protection is currently provided to areas within the city
limits as far as 2.9 miles from the downtown station, with response
times of 6 to 8 minutes. Commercial areas of the city located
approximately 2.5 miles north and west of the station can be
reached in 5 to 7 minutes. In addition to its firefighting
capabilities, the Kalispell Fire Department also provides fire
inspection and prevention services, and works closely with the
city's building department to insure that new construction in the
city meets all applicable fire codes.
According to the American Insurance Association, a city the size of
Kalispell, with its level of staffing and equipment, should ideally
have a maximum service area radius of 1.5 miles and a corresponding
response time of 5 minutes. At this time there are areas of the
city beyond this optimum service distance. The city has had
discussions with property owners at the north end of the city (in
the vicinity of the hospital and community college) in an attempt
to identify and secure a fire substation location. Anticipated
development in the area, as well as that which exists, makes it
imperative that a second fire station be developed. It is
anticipated that in the short term the department's existing
equipment could be shared between the two stations, but eventually
new equipment will need to be purchased for the new station. And
although the present equipment is adequate, it is aging, and
replacement is inevitable.
17
Present funding for the fire department is through the city's
General Fund, with the ambulance division of the department being
funded solely by user fees.
The Ambulance
Service is owned and operated by the City
of
Kalispell Fire
Department.
Service area includes territory
14
miles north, 14
miles east,
14 miles west and 25 miles south
of
Kalispell for
emergencies,
and beyond these boundaries
if
requested.
The City operates four state licensed Class A ambulances from one
fire station centrally located in downtown Kalispell. Thirteen
personnel are state EMT-D certified and eight personnel are state
EMT -Intermediate certified. The eight EMT-I's will soon become
advanced paramedics. This service is provided under the direction
of a medical control doctor from Kalispell Regional Hospital
Emergency Room.
The medical emergency vehicles consist of (1) a 1992 Chevrolet
National, (2) a 1987 Ford Collins, (3) a 1983 Ford Collins, and (4)
a 1981 Ford Amliner. The ambulances are equipped with physio
control life pack 200 defibrillators and hurst rescue tools.
LAW ENFORCEMENT
The Kalispell Police Department, headquartered in City Hall, has a
total staff of 34. There are 26 officers on staff, 20 of which
provide a city-wide 24-hour patrol.
At any given time the Kalispell Police Department is influenced by
a much larger population than the 12,000 residents of the city. As
both a tourist destination spot and a regional retail, financial,
medical and service hub, the City of Kalispell is estimated to have
an average daytime population of 40,000 during the peak summer
months. These factors obviously impact the efficiency and
effectiveness of the police force. Other factors that impact the
department are the number, frequency and location of crimes and
traffic accidents.
As the city grows both physically and in terms of population, it
will be necessary to staff and equip the police department
accordingly.
W�
POLICIES FOR EXTENDING SERVICES
General Policies
The following general policies shall be pursued for all properties
proposed to be developed with or without annexation into the City
of Kalispell ("City"):
1. It is the responsibility of the developer or property owner to
construct all water lines, reservoirs, pump stations, culverts,
drainage systems, sewer systems, roadways, sidewalks, curbs,
gutters, street lighting, and rights -of -way in accordance to the
Extension of Services Plans contained herein as well as the
Subdivison Requirements of the City of Kalispell and the Standards
for Design and Construction. The infrastructure improvements shall
be of adequate size and design to accommodate the needs of the
proposed development. In the event that a development creates
impacts requiring off -site improvements, the City Council will
determine whether the developer shall wholly or partially bear the
costs of such improvements.
2. The developer or property owner shall be responsible for
providing fire protection appurtenances and required water flow
pressures, to the satisfaction of the City Fire Chief, based on the
use of land and the type of construction employed.
3. Water systems and sewer systems shall be designed in such a
manner as to avoid the provision of lift stations if feasible. All
proposed lift stations shall receive the approval of the City
Engineer.
4. Before a development beyond 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.
POLICIES FOR THE EXTENSION OF SERVICES TO UNDEVELOPED AREAS
Each development should be considered an integral part of the
comprehensive services plan of the City. Therefore, any
subdivision or development of property within the identified growth
area should be designed in accordance with the current edition of
the City's "Standards For Design And Construction".
1. Any subdivision or development of land beyond the Kalispell
city limits, but within the urban growth boundary, should be
reviewed and commented upon by the City's Site Development Review
Committee. The City shall recommend to the Board of County
Commissioners that new development within the identified growth
area be in accordance with the service plans contained herein.
19
2. Where construction of a sewerage system is being considered,
the future drainage basin of the system should be identified and
lines sized accordingly. The cost and construction of all sewerage
systems are the responsibility of the developer or property owner.
Under certain circumstances, the City Council will determine
whether the City will participate in financing the oversizing of
infrastructure.
3. It is the responsibility of the developer or property owner to
have designed and constructed water mains and lines of adequate
size to provide the required flows for the intended land use and
fire protection.
4. It is the responsibility of the developer or property owner to
provide all required infrastructure improvements, including rights -
of -way, roadways, and easements.
POLICIES FOR SERVICES IN EXISTING_ DEVELOPED AREAS
As a general policy, properties within the service area that have
existing utilities and facilities shall be required to upgrade
those improvements to City standards and specifications as a
prerequisite to receiving City services or additional City utility
services. In such situations, the following policies shall apply:
1. Prior to making the municipal service(s) available to an.
existing developed area within the service area, the City may
require a report describing the following:
a. The approximate year or period in which the existing area was
developed.
b. The location, size and condition of existing water lines or
systems.
C. The location and condition of -the existing sewer system,
including the size, material and grades of all pipe.
d. The size, location and legal purpose of all existing rights -of -
way and easements.
e. The surface type, condition and width of all roadways.
f. The existing storm drainage into and out of the area.
The report shall also include the estimated costs associated with
correcting the deficiencies and bringing the utility or improvement
to City standards. The City may require such a report to be
prepared by a professional engineer, with the cost of the report
borne by the developer or property owner.
20
2. If the property is to be annexed, the City's annexation
ordinance or resolution shall specifically state the method and
time frame for bringing the existing conditions into compliance
with City standards, and shall identify the parties responsible for
the improvements.
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.
POLICIES OF MEETING THE COST OF SERVICES
1. For the purpose of setting
components of the physical plant,
as the estimated life of each of
a.
Structures -
30
Years
b.
Pipelines -
30
Years
C.
Stationary Equipment (motors,
-
20
Years
d.
Asphalt Surfaces:
Local Streets
- 20
Years
Collector St.
- 15
Years
Arterial St.
- 10
Years
aside adequate funds to replace
the following shall be considered
the components:
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 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 to the existing City system, nor shall the
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 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.
MAINS 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:
22
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 in accord with this Plan, the
City's Standards For Design And Construction, and the City of
Kalispell Subdivision Regulations.
C. Through the formation of a Special Improvement District
(S.I.D.).
d. Federal or State grant funds.
e. State Fuel Tax monies.
8. Connection and user fees for properties located outside the
City limits for sewer and water services shall be charged as
follows:
a. The fee for connection to the City's water utility shall be
125% of the fee charged to City residents.
b. For the use of City water and sewer, the rate shall be 125% 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 150% of the fee for City residents (if collection and 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 taxpayers.
23
P
7
I
------------------
Reserve Dr.
a -Mile Dr. L6i t Ever Teen Dt.
l� m
I
3-Mlle Dr.
6
< Foys Lake R.
0
m
i lly
RE o :.
i x
i�.Foys(n '° 3
�oke!
Is
1.
NORTH
Nrs
FIGURE I
FLOODPLAIN
STEEP SLOPES
LANDS OF AGRICULTURAL SIGNIFICANCE
- UNSUITABLE SOILS
t
r
! ' R�vw Dr.
rr
..411a DE LLB} �J
-•
40
�•
100
LEGEND I
Central Business District
---------
TAZ Boundary
®
Residential wt No. of Units
Commensal
New RetaWffices
0
Low Density Redevelopment
Medical
#
Industrial
Govemment(Schools
FIGURE 2
Reserve Dr.
4-Mile Dr. 'Eve r reen up.
-6
3-Mile Dr.
46 D�
ar/
FoysLaKeftc-
'.
Kelly
Rd.
Foys_�
ake
NORTH
FIGURE 3
POTENTIAL SEWER SERVICE AREA
CITY BUILDING DEPARTMENT JURISDICTION
CITY -COUNTY PLANNING JURISDICTION
NORTH
FIGURE 4 - FIRE FLOW REQUIREMENTS
- 4,000 GALLONS PER MINUTE
O 3,000 GALLONS PER MINUTE
2,000 GALLONS PER MINUTE
LESS THAN 2,000 GALLONS PER MINUTE
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City of Kalispell and to remove
the following real property from the
Fire District.
Rural
The petitioner(s) requesting City of Kalispell annexation of
the property described herein hereby mutually agree with the City
of Kalispell that immediately upon annexation of the land all City
of Kalispell municipal services will be provided to the property
described herein on substantially the same basis and in the same
manner as such services are provided or made available within the
rest of the municipality prior to annexation. Petitioner(s) hereby
state that there is no need to prepare a Municipal Annexation
Service Plan for this annexation pursuant to Section 7-2-4610,
M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
Dated this day of 19
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
OWNER
OWNER
PLEASE RETURN THIS PETITION TO CITY CLERK'S OFFICE
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this day of
, 199 by and between
hereinafter PTUTY(S) OF INTEREST [ INCLUDES OWNER(S),
LIENHOLDER(S), OR CONTRACT SELLER(S)] and the CITY OF KALISPELL,
Flathead County, Montana, hereinafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar
and/or other good and valuable consideration to us in hand paid,
and certain promises, mutual terms, covenants, provisions,
conditions and agreements, the receipt and sufficiency of which
is hereby acknowledged, the PARTY(S) OF INTEREST, do(es) hereby
consent to, and hereby do waive any and all right to protest,
which we may have or hereafter acquire in regard thereto, any
attempt or proceedings made or to be made by or with the consent
of the City of Kalispell, Montana, to annex to and make a part of
said City of Kalispell, and incorporate within its boundaries
property situated in the County of Flathead, State of Montana,
more particularly described on Exhibit "A attached hereto and
which, by this reference, is made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express
an intent to have the property as herein described withdrawn
from the Fire District under the
provisions of Section 7-33-2127, Montana Code Annotated; and
that incorporated into this Consent to Annex Agreement is the
Notice requirement pursuant to said Section; and that upon
proper adoption of an ordinance or resolution of annexation
by the City Council of the City of Kalispell, the property
shall be detracted from said district.
The PARTY(S) OF INTEREST further agree(s) that this
covenant shall run to, with, and be binding upon the title of the
said real property, and shall be binding upon our heirs, assigns,
successors in interest, purchasers, and any and all subsequent
holders or owners 'of the above described real property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook
onto the City of Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have hereunto set
our hands and affixed our seals this day of ,
199 .
PARTY(S) OF INTEREST
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
RESOLUTION NO. 4612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
CREATING A UTILITY RULE REQUIRING A PROPERTY OWNER'S CONSENT TO
ANNEXATION AS A CONDITION OF CONTINUED SEWER AND/OR WATER SERVICE.
WHEREAS, the City has extended sewer and/or water service to
various property owners located outside of the City
limits; and
WHEREAS, the City has obtained signed waivers of protest from
many, but not from all, of such utility customers located
outside of the City limits; and
WHEREAS, from time to time the City Council determines that it is
in the best interests of the City to annex the property
owned by either individual utility customers, or groups
Of utility customers, and bring them within the corporate
limits of the City; and
WHEREAS, in 46 Op. Att'y Gen. No. 12 (1995), the Montana Attorney
General ruled that a city or town may adopt a rule for
the operation of its municipal sewer and/or water utility
requiring a property owner's consent to annexation as a
condition of continued sewer and/or water service;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. The City may, at any time, require a property
owner's consent to annexation as a condition of
continued sewer and/or water service. When the City
Manager, in his discretion, determines to require
such consent from a particular property owner, the
City may notify the property owner, in writing,
that the City seeks such consent, and that if such
consent is not given, the City will require that
the property owner discontinue receiving sewer
and/or water service. The property owner may notify
the City in writing of his or her consent to
annexation.
If within thirty (30) days of the date that the
Property owner is mailed such notice, the property
owner contacts the City and makes firm
arrangements, in writing, to discontinue the
applicable service (s), then the City shall not
further pursue obtaining the property owner's
consent. If, however, the property owner has not,
within such time period, made firm written
arrangements to discontinue the applicable
service (s), then the City shall be entitled to
treat the property owner as having consented to
annexation of his or her property upon the
expiration of the time period. The failure by the
property owner to respond in writing within the
thirty (30) day period shall entitle the City to
treat the property owner as having consented upon
the expiration of the time period.
If the property owner consents to annexation under
any of the methods described above, the property
owner may not thereafter withdraw his or her
consent to any proposed annexation of his or her
property. If the property owner consents to
annexation under any of the methods described
above, then the City shall be entitled to disregard
any protest that such property owner makes to a
proposed annexation of his or her property.
Nothing herein shall prevent the City from seeking
consent even if the City has previously obtained a
waiver of protest from such property owner or from
his or her predecessor in interest.
SECTION II. This Resolution, and the utility rule created
hereunder, shall become effective immediately upon
its passage by the City Council and approval by the
Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21ST DAY OF MAY, 2001.
ATTEST:
Theresa White
City Clerk
Duane Larson
Mfty= Council President