Willis to Kukulski/Developer's Extension AgreementDebbie R. Willis
940 Sunnyside Drive, Kalispell, Mt 59901
Home (406) 257-7958 Cc]/(406)250-5708 Fax(406)752-3784
wiHisdebbie@hotmail.com
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February 3, 2003
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City of Kalispell
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Chris Kukulski, City Manager
P.O. Box 1997
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Kalispell, MT 59903
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Dear Chris,
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Thank you for your service to this community and your commitment to the
betterment of the City of Kalispell. I realize you have had to face many tough
decisions of late and I appreciate all of your efforts.
My reason for writing is the Developers Extension Agreement that currently
exists effecting property located at 940 Surmyside Drive, in Kalispell. I'm sure
you are aware of this problem since it has been mentioned to you, the City
Council, Narda Wilson, and Charles Harball in previous conversations with
Dick Amerman of Public Works. Yet, nothing has been done to alleviate the
situation.
I recently annexed into the City and will go before the City Council tonight for
final plat approval of a two -lot subdivision. It is my desire to purchase a
County owned home on Main Street February 13th and move it onto my
adjacent lot. The problem is, that while I want to hook into City services, there
is an existing Agreement between the City of Kalispell and the developer of Lone
Pine Estates claiming rights to a fee for my connection. I object to this
agreement and challenge the legality of it.
The agreement was made between the developer and an interim City Manager,
who is now gone. It never went to Public Hearing and it never went before the
City Council. I have to wonder how and why this ever got approved in the first
place. It sounds very suspicious to me.
I believe this agreement is illegal for two reasons; one, because it was not
approved by the City Council, and two, because it is inconsistent with state law
on special improvement districts. I ask that the City determine the legality of
this Agreement. The utilities are here and I should be able to connect to them.
Furthermore, County Health Regulations require that I connect to sewer since it
is within 200 feet of my property line.
Another issue involving this developer is regarding the road, Denver, which
runs in front of my property. I was recently charged an additional $675 by
Sands Surveying to fix the mess of where Denver showed on the plat. This
should have been done correctly in 1995 when the new road easement was
created and recorded, but it wasn't. In order to dedicate the section of Denver
that runs across my property to the City this plat had to be corrected. I'd like
to know who is going to take responsibility for paying this bill? Will the
developer pay it? Will the City pay it?
I am aware of several other things the developer left incomplete. I do not want
to pay a connection fee to a developer who is long gone and who hasn't lived up
to all of his agreements, leaving us to clean up his messes. I should not have to
bear the burden of hiring a lawyer myself. Because I plan to move a house onto
my property by the end of February I will need an answer as soon as possible.
Please let me know how to proceed.
Thank you for your time and consideration.
Sincerely,
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Debbie R. Willis
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2 VILLAGE LOOP
KALISPELL, MT 59901
(406) 755-6481
(406) 755-6488 FAX
BILL TO
Debbie Willis
940 Sunnyside Drive
Kalispell, MT. 59901
DATE INVOICE NO.
01/28/2003 6465
PROJECT
JOB DESCRIPTION
WORK ORDER #
215801
Subdivision/Kalispell
DESCRIPTION
QTY
RATE
T-AMOUNT
Computing 1/13
per hour
1 1
70.00
70.00
Drafting 1/16
per hour
2.5
6U0
150.00
Copies
4
2.00
8.00
Research/ Planning 1/17
per hour
0.5
60.00
30.00
2-Man Crew 1/20
per hour
1.5
110.00
165�00
Mileage
per mile
7
0.65
4.55
Monuments
each
3
8.00
24.00
Fence Posts
each
3
4�00
12.00
Drafting 1/21
per hour
O�5
60.00
30.00
Research/ Planning
per hour
1
60.00
60.00
Drafting 1/22
per hour
2
60�00
120.00
Thank you for your business.
Total $673.55
To: Chris Kukulski
From: Debbie Willis
Date: February 25, 2003
Re: Developers Extension Agreement for 940 Sunnyside Drive
Dear Chris;
Thank you for taking the time to meet with me last week. It's a good feeling to finally
have resolve regarding the issue of the Developers Extension Agreement between the
City and the developer of Lone Pine Estates. I appreciate your consideration.
As I mentioned in our meeting, I had called the developer in Idaho to find out if he had an
escrow account, as per the Agreement and he said he did not. I explained that it was a
condition of the Agreement and asked him if he was going to open one. He said he
would call me back, which he never did.
It is my understanding from speaking to you and Charles Harball that I am to pay the
�4 normal" connection fees attributed to any landowner for connection to City services.
The fees conditioned by this Developers Extension Agreement have been waived.
As a follow up, I spoke to Tom Sands, of Sands Surveying, regarding the road and
easement mix-up on Denver Avenue. He said Jackola did the original survey work. It
was his opinion that the City should be accountable for the original plat, road, and
subdivision approvals. This is a problem I don't have the answer to and would like some
help from the City. Perhaps you could contact Mr. Jackola and explain the situation. I
don't think it's right to hold me responsible for the bill to clean up a mess from the past.
Please let me know what I can do to get this issue resolved so Mr. Sands can get paid.
Again, thank you for your consideration and diligence in this matter. I look forward to
having things resolved and put to rest, once and for all.
Sincerely, Debbie R. Willis
940 Surmyside Drive, Kalispell
406-257-7958 or 406-250-5708
willisdebbieghotmail.com
cc: Charles Harball