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Staff Report/Annexation & Zoning dated 3/3/03,• • Tri-City PlanningOffice 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 Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Annexation and Initial Zoning of B-2, General Business, for NIPO, LLC Four Corners March 3, 2003 BACKGROUND: This is a request by NIPO, LLC for an initial zoning designation of B- 2, General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. This zoning district is intended to serve the traveling public and has been located along major highways and thoroughfares in the county. The property owner is requesting City B-2, a General Business zoning district which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 district is intended to provide areas for retail sales and services which might require outdoor display of merchandise and would service the general needs of the motoring public. The B-2 areas in the City are typically located along major transportation. The property is being annexed in order to receive City services when they become available with the extension of the utilities with the reconstruction of Hwy 93 South to Four Corners. Currently City utilities are located approximately to the north of the property near the end of the City Airport runway. This property is currently undeveloped and would be the intent of the property owner not to develop the site until such time as the utilities would be available. Demands on public services would be generally non-existent until such time as the site becomes developed. An extension of services plan has been included with the information associated with this request based on the current situation since the type and value of the development of the site is unknown. On February 11, 2003, the Kalispell Planning Board held a public hearing to consider a recommendation to the city council regarding appropriate zoning on the property. The representatives of the property owner explained his desire to connect to City services when they become available. The Kalispell City Planning Board unanimously recommended to the city council the assignment of B-2 zoning for the property upon annexation to the city. . Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • NIPO LLC Annexation and Initial Zoning February 25, 2003 Page 2 RECOMMENDATION: A motion to adopt the first reading of the ordinance for B-2 zoning upon annexation would be in order. FISCAL EFFECTS: Some potential positive effects once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Senior Planner Report compiled: February 25, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Attachments: Transmittal letter Staff report KA-03-1 and application materials Draft minutes from 2/ 11 /03 planning board meeting H:\FRDO\TRANSMIT\KALISPEL\2003\KA03-lMEMO.DOC 1; 1 ZONE SAID PROPERTY IN ACCORDANCE INTERIM• ORDINANCE, / TO DECLARE ` DATE. WHEREAS, the City of Kalispell has received a petition from NIPO, LLC, the owner of property located between the east side of Highway 93 South and Willow Glen Drive north of Lower Valley Road, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the Tri-City Planning Office has made a report on NIPO, LLC's Annexation Request, #KA-03-1, dated February 4, 2003, and WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that the territory be zoned City B-2, General Business, upon annexation into the City of Kalispell, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as described on Exhibit "A" be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Four Corners Addition No. 321. SECTION H. Upon the effective date of this Resolution, the City Clerk is directed to make and certify under the seal of the City, a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION III. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Interim Zoning Ordinance. SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF MARCH, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk 10,14:11 Land located in the Northeast Quarter of the Northeast Quarter of Section 29, Township 28 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana and more particularly described as follows: Commencing at the Northeast section corner of said Section 29, indicated by a found aluminum monument and which point is the true point of beginning; Thence S00°19'08"E, on and along the East boundary of said Northeast Quarter of the Northeast Quarter, a distance of 827.51 feet to a point; thence S89040'52"W, and leaving said East boundary, a distance of 30.00 feet to a found 5/8" rebar and which point lies on the West right-of-way boundary of a 60-foot declared County road known as Willow Glen Drive; thence S 12' 11'34"W, on and along said West right-of-way boundary, a distance of 94.70 feet to a found 5/8" rebar and which point is a point of curvature; Southwesterly, on a curve to the right (delta = 26°07'05", radius = 328.08 feet and radial bearing = N82°24' 19"W), an arc length of 149.55 feet to a found 5/8" rebar and which point intersects with the East right-of-way boundary of U.S. Highway 93 and which point is in the midst of a curve; thence Northwesterly, on a curve to the left (delta = 09°51' 17", radius = 2972.43 feet and radial bearing = S68036'47"W), an arc length of 511.25 feet to a found 5/8" rebar; thence N34037'28"W, on and along said right-of-way boundary, a distance of 454.04 feet to a found 5/8" rebar•, thence N41'12'07"W, continuing on and along said right-of-way boundary, a distance of 116.00 feet to a found 5/8" rebar; thence N33°04'41 "W, continuing on and along said right-of-way boundary, a distance of 173.83 feet to a found 5/8" rebar and which point lies on the North boundary of said Northeast Quarter of the Northeast Quarter; thence S89'35'48"E, on and along said North boundary, a distance of 753.33 feet to the true point of beginning. These tracts contain a total of 9.333 acres and subject to and together with a 60-foot declared County road along the East boundary as shown hereon and subject to and together with all appurtenant easements of record. Tri-City PlanningOffice 17 Second Street East- Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net February 21, 2003 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Annexation and Initial Zoning of B-2, General Business, for NIPO, LLC Four Corners Dear Chris: The Kalispell City Planning Board met on February 11, 2003, and held a public hearing to consider initial zoning for approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. A petition for annexation was received from the property owner and a request has been made for B- 2, General Business, zoning upon annexation. This zoning is consistent with the existing County B-2, General Business zoning in intent and anticipated uses. The property is being annexed in order to receive City services when they are available with the reconstruction of Hwy 93 and anticipated extension of city services. Narda Wilson with the Tri-City Planning Office presented staff report #KA-03-1, evaluating the proposed zoning noting that the proposed zoning is consistent with the existing zoning and anticipated use of the site. No one spoke at the public hearing. After the public hearing the board discussed the zoning for the property and the scheduling of the reconstruction of Hwy 93 South. The board noted they were considering the recommendation on the zoning upon annexation not whether or not the property should be annexed as that is a council policy decision. A motion was made and passed unanimously to forward a recommendation that initial zoning for this property should be B-2, General Business, upon annexation. Please schedule this matter for the March 3, 2003 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: - City of Kalispell ® City of Columbia Falls ® City of Whitefish • NIPO, LLC Annexation and Initial Zoning February 21, 2003 Page 2 Sincerely, Kalispell City Planning Board 7/p,V� /� 0 Ron Van Natta President RVN/NW Attachments: Original petition to annex and legal description Staff report #KA-03-1 Draft minutes 2 / 11 / 03 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: NIPO, LLC, 1839 Third Ave E., Kalispell MT 59901 Jackola Eng, Box 1134, Kalispell MT 59901 H: \ FRDO \TRANSMIT\KALISPEL\2003 \KA03-1. DOC NIPO, LLC - Four Comers / Hwy 93 South Extension of Services Plan and Cost of Services Analysis Availability of Public Services and Utilities The broad -based extension of services plan, together with this "mini -plan," comprise the Extension of Services Plan for this annexation. Once annexed to the City, full City services will be made available to the property owner. The subject property is within the Service Area Boundary of the City of Kalispell as described by the Extension of Services Plan adopted by the City of Kalispell on November 5, 1995 (Resolution #4241). Overview of Utilities and Public Services: Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell or contract hauler available Electricity: Flathead Electric Cooperative Telephone: CenturyTel Schools: Kalispell School District Fire: Kalispell Fire Department Police: Kalispell Police Department Existingr Services: Water: An eight inch water main belonging to the City of Kalispell lies approximately 2000 feet to the north of this site along the east side of the airport runway. This water main also serves two hydrants located in the area. Sewer: An eight inch sewer main exits along the east side of the airport runway approximately 2000 feet north of the site. This main belongs to the City of Kalispell. The wastewater treatment plant lies to the west of this site and sewage is routed there via a gravity main. Storm Drainage: A storm drain system lies within the Hwy 93 right-of-way, and is owned and maintained by the Montana Department of Transportation. This storm drain system may be able to be accessed by the property owner. If not storm water management will need to be handled with on -site retention methods. Streets: This property has access via US Hwy 93 South which is maintained by the Montana Department of Transportation. The City does not provide maintenance to roads that service this property. Garbage Collection: Available by contract from private companies. Police Protection: Flathead County Sheriffs Department. Fire Protection: South Kalispell Rural Fire District. Anticipated Service Needs and Costs: Water: A water main is anticipated to be extended to the area with the reconstruction of Hwy 93 South between Ashley Creek and the Flathead County Courthouse. A fire hydrant will likely be required to placed in close proximity to the site with the reconstruction of the road and extension of water to the area. Connection fees would be paid to the Kalispell Water Department at the time of connection. Costs associated with the extension of the service line and any additional hydrants that might be required would be the responsibility of the property owner. There is adequate water supply and water pressure for the service when extended. There would be minimal costs to the City of Kalispell associated with the long term maintenance of the new water main and the maintenance of the hydrant. Sewer: Service mains would be extended from their existing location on the east side of the City Airport Runway approximately 200 feet to the north of this property. These are anticipated to be extended as part of the Hwy 93 South reconstruction plans between Ashley Creek and the Flathead County Courthouse. Connection fees would be paid to the City of Kalispell for sewer at the time of connection. There is adequate capacity within the water treatment plant and collection system to service this property once connected. There would be minimal costs to the City of Kalispell associated with the continued maintenance of the sewer line. Storm Drainage: A public storm drainage system lies in the Hwy 93 South right-of-way owned and maintained by the Montana Department of Transportation. It is unclear at this time whether or not this property would have access to the stormwater management system in the area. On site retention of storm water could be used for storm water management at the time the property is developed. ® No new storm water management facilities will be developed, owned or maintained by the City of Kalispell and no additional costs would be incurred. Streets: the City of Kalispell Public Works Department does not provide maintenance to any of the roads that service this site and no new roads are anticipated. The Montana Department of Transportation maintains Hwy 93 South that provides access to this property and will continue to do so. There will be no additional costs associated with the maintenance of this road since the access road to the site is maintained by the Montana Department of Transportation and no new roads will be developed which would be taken by the City of Kalispell or would become a public roadway for which the City is responsible for maintenance. Solid Waste Collection: The City of Kalispell can and would provide solid waste pick-up for the site when this property becomes eligible for municipal service. No additional services, equipment or other costs would be incurred by the solid waste department for garbage coiecton as a : esuit of tine development of these lots. Police/Fire: City of Kalispell Police Department and Fire Department will be available to provide services to this property upon annexation at approximately the same level as other properties within the City. A hydrant new hydrant will likely be required to be placed on or near the property at the time additional development occurs. ® Insignificant additional expense to fire and police can be associated with this annexation. Citv Administration: The City of Kalispell would provide administrative services to the residents of the subdivision from the mayor and city council; city manager, city attorney, finance department and city clerk. ® Insignificant impacts to these offices and the services they offer would result from the development and annexation of these properties. Assessments: Special Assessments: There are no special assessments that would be required any additional sidewalk, water or sewer improvements. Any improvement would be paid by the developer in accordance with the City's extension of services plan and policies. There will be undetermined special assessments or SID associated with this property. Storm sewer drainage assessments: ® Storm sewer assessments based on the square foot of the property with an average square footage of approximately 9.33 acres (times 43,560 sq. feet) 406,415 square feet be based on .0052 = 2113 Street maintenance assessments: ® Street maintenance assessments based on the square foot of the property with an average square footage of approximately 406,415 square feet would be based on .0086 = 3496. Urban forestry assessments: ® Forestry assessments based on the square foot of the property with an average square footage of approximately 406,415 square feet would be based on a rate of .00135 = $549 General revenue: Based on an assumption that the building would be assessed at approximately $300,000. and the taxable value at $10,629 (0.03543 x $300,000) and the 152.39 mill levy, the additional revenue to the City of Kalispell would be 1 620. Total Anticipated Revenue: $7778. Additional Expenses to the City of Kalispell would be estimated at: None: Additional Revenue to the City of Kalispell at full build out estimated at: $7778. Extension and Finance Strategies: Extension of water and sewer mains would be made from the existing locations to the property as needed at the developers expense along with connection fees. The connection fees would be paid to the City of Kalispell for water and sewer. Atkinson questioned lots 3D and 3F and Wilson answered that, yes, they were out of the subdivision and one property owner was in the audience. She said they were interested in connecting to City services once they became available and would be required to annex at the time of connection. Norton asked the developer if they had a deadline on each phase for completion and Stauffer said there was a time period for final plat approval of 3 years. He said they would like to proceed faster, depending on how the lots sell. Van Natta complimented them on a well laid out subdivision. He noted a concern about the bank on the road not allowing for site distance and said he hoped it would be graded. He asked that be suggested to the engineering department. Atkinson asked if the cul-de-sac had gone through site review and the Fire Department and Wilson said that was a design issue. When the roadways were designed it would be reviewed by the Kalispell Public Works Department for compliance with the Kalispell Design and Construction Standards and would need to comply. ROLL CALL (MAIN) I The amended motion passed unanimously on a roll call vote. NIPO, LLC INITIAL A request by NIPO, LLC for an initial zoning designation of B-2, ZONING General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. Kalispell City Planning Board &. Zoning Commission Minutes of the Meeting of Februan, 11, =003 STAFF REPORT Narda Wilson, with the Tri-City Planning Office, gave a #KA-03-1 presentation of staff report KA-03-1, a request for initial zoning of B-2, General Business, upon annexation of approximately 9.33 acres located on the east side of Hwy 93 South, west of Willow Glen Drive and north of Lower Valley Road. She said they would be connecting to City services as soon as possible, i.e. when the extension of services was done with the reconstruction of Hwy 93 South between Ashley Creek and Flathead County Courthouse. There are no plans to develop the property until such time as the services are available and the property is currently undeveloped. The property owner is requesting City B-2, a General Business zoning district, upon annexation concurrent with the existing County B-2, General Business, zoning designation. Wilson reviewed the findings of fact and statutory criteria and recommended the planning board forward a recommendation for initial zoning as B-2, General Business, upon annexation. Hull asked what their motive was and Wilson answered that when utilities were available they would be there to connect. There was a brief discussion regarding annexation and the fact the property was not contiguous to the City. Wilson stated the Hwy 93 corridor would be annexed once the utilities were in place and that would make it contiguous. She said there was no down side because it was completely undeveloped and suggested that whether to annex the property or not was a Council decision. The real issue before the planning board is a recommendation for appropriate zoning if and when the property was annexed by the council. Van Natta said they were assuming utilities would be part of the Highway project. Wilson said it was her understanding that was still the plan and that commitments had been made on the part of the City and the design was included as part of the MDOT project. . APPLICANT/AGENCIES Jim Burton, surveyor for the project, said they were anticipating that utilities would be extended to that area and they were trying to stay ahead of the curve. There were no plans at this time for a project. PUBLIC BEARING The public hearing was opened to those who wished to speak on the issue. Kaiispeil Ciry Planning Board G5 :mooning Commission :dIinutes of me ieeting oi-earuar- _. =0C PUBLIC COMMENT No one wished to speak and the public hearing was closed. MOTION Taylor moved and Anderson seconded the motion to adopt staff report KA-03-1 as fmdings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. BOARD DISCUSSION Atkinson thought it was important to vote against the request because it went against the policy of the City and he did not see a telling reason for annexation at this time when it was not contiguous. Wilson pointed out that it wasn't really under the board's purview whether the property should be annexed. She said their issue dealt with what the zoning should be upon annexation to the City. Norton asked if they could recommend approval of the zoning upon receiving city services. Atkinson asked what advantage or disadvantage there was to zoning it now and Wilson said when it does get annexed it would developed to City standards and would be reviewed for compliance. The provision of City utilities would allow the development of the site at a higher and more intensive use than without utilities. If the property were to be developed prior to receiving services with less quality and desirable uses, it would be difficult to try to redevelop the property at a later date. Atkinson asked about relative taxes and Wilson said the property owner would be subject to City assessments, but not prior to annexation. Wilson stated that until the property was annexed it would stay County B-2. She advocated reasons for zoning the property now. ROLL CALL The motion passed unanimously on a roll call vote. OLD BUSINESS Wilson reviewed the status of the Growth Policy. She said the only significant change prior to formal consideration by the Kalispell City Council was the creation and clarification on the amendment process. The neighborhood plan process was broken down into two processes; one, a neighborhood plan amendment, and two, a general plan amendment. The other issue was that the 65 acres on the northeast corner of La Salle f and Reserve be designated commercial. She said it was still controversial but the Council was considering the growth policv l Kaiispell Cite Planning Board & Zoning Commission :viinutes of =he ivleeting of Februanr I _. 2OU3 •• OFFICETRI-CITY PLANNING REPORTSTAFF f •• A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for an initial zoning of B-2 upon annexation into the city. A public hearing has been scheduled before the planning board for February 11, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. This report evaluates the appropriate assignment of a City zoning classification in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. The petitioner would like to annex in order to receive City services when they are extended with the Hwy 93 South reconstruct. A. Petitioner and Owners: NIPO, LLC 1830 Third Ave East Kalispell, MT 59901 (406) 751-4680 Technical Assistance: Jackola Engineering 8v Architecture P.O. Box 1134 Kalispell, MT 59903 (406) 755-3208 E. Location and Legal Description of Property: The property proposed for annexation is located on the east side of Hwy 93 approximately 2,000 feet south of the current city limits. It lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The property proposed for annexation can be described as Assessor's Tracts 11EG, 11E, 11EC, 11ED, 11E, 11EB, 11EEA, 11EFA, 11EF, 11EE and 11EH in Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. C. Existing zoning: This property is currently located in the County zoning jurisdiction and is zoned B-2, a General Business zoning district which allows a wide variety of uses including uses that require areas for outdoor display and storage of merchandise. This zoning district is intended to serve the traveling public and has been located along major highways and thoroughfares in the county. D. Proposed Zoning: The property owner is requesting City B-2, a General Business zoning district which is similar in intent and the types of allowable uses as the County B-2 zoning. The B-2 district is intended to provide areas for retail sales and services which might require outdoor display of merchandise and would service the general needs of the motoring public. The B-2 areas in the City are typically located along major transportation corridors. E. Size: The area proposed for annexation and zoning contains approximately 9.33 acres. P. Existing Land Use: This property is currently undeveloped. G. Adjacent Land Uses and Zoning: The character of the immediate area is generally commercial in character with several businesses displaying large merchandise in an outdoor area. North: Upholstery business, appliance sales, RV sales; County and City B-2 zoning South: Motorcycle sales, County B-2 zoning East: Boat storage and sales, County I-1 zoning West: City Airport, City P-1 zoning H. General Land Use Character: The general land use character of the area is a generally commercial with some light industrial uses along the Hwy 93 corridor to the north and south. I. Availability of Public Services: City water and sewer are planned to be extended from their current location approximately 2000 feet to the north to the Four Corners area with the reconstruction of Hwy 93 between Ashley Creek and the Flathead County Courthouse. This reconstruction was anticipated to begin in the Spring of 2003. However, ROW acquisition issues have required that this project be broken down into two segments and construction in this area may not start until 2004 or later. Once in place, these utilities will be available to this property for connection. Other City services including police, fire, solid waste and administrative services can be provided to this site. The statutory basis for reviewing a change Findings of fact for the zone change requ criteria described by 76-2-203, M.C.A. in zoning is set forth by 76-2-205, M.C.A. Est are discussed relative to the itemized KJ This area was zoned in accordance with the Kalispell City -County Master Plan Map which designated this area as Commercial with an orientation toward general commercial uses because of its proximity along Hwy 93. The current and proposed zoning are generally consistent with regard to the types of uses anticipated in the district. Locating the type of general commercial uses along a major highway corridor in an established commercial area is consistent with zoning and uses in the area. ,") •- -• .- -• ••- •- ra•-• • 6*161.1ria • W4 KO)••- •• a Is a a•- The proposed proposed zoning of this property to a general business zoning district is consistent with exiting County zoning and will not result in a change in use or the anticipated level of traffic generated from the site. Hwy 93 South is a major arterial in the Kalispell Transportation Plan and this area currently accommodates a variety of general commercial uses appropriately located along this major roadway. .- -..- -• ••- - - Mer.111few.1151 • •- . MM There is no obvious increase in risk related to the proposed B-2 zoning district which would impede fire or police access to the site. Access for fire and other emergency services is generally good. Because this annexation will enable the property owners to connect to public sewer and develop the property with full public services, the public health and welfare of the community will be served. This property is currently undeveloped and any future development of the site with a commercial use which might be planned for this property will be required to comply with the development standards of the B-2 zoning district, which assures that there is adequate light and air. The requested zoning designation is consistent with the type of development, which would be anticipated under the .current County zoning. The requested zone will not contribute to the overcrowding of land because it will be developed in accordance with all City regulations. An increase in the concentration of people and an increase in the intensity of uses may result under the proposed annexation since the property will be able to be developed more densely that it would in the county without public utilities. However, the proposed City zoning is consistent with the current County zoning. Furthermore, the development standards in the district are intended to avoid the undue concentration of people in the area beyond what the infrastructure and facilities are able to accommodate. 3 The requested zoning will not impact the provision of services, but will allow the property to develop this site to a higher density and intensity than would otherwise be possible once full utilities are available. Water and sewer are currently not available to this property but are anticipated to be extended with the reconstruction of Hwy 93 South anticipated to begin in Spring of 2003. • •- •- -• - •• • •- •<r .MUM WIN The proposed zoning is consistent with the current B-2 zoning of the property and the properties in the immediate area. These properties have been developed with boat sales and storage, offices, business offices, a convenience store and other commercial uses in the immediate area. The proposed zoning gives adequate consideration to the suitability of the property for the uses allowed under the City B-2 zoning. • The general character of the area is primarily limited commercial and light industrial uses in the immediate area. These are appropriate to the high volumes of traffic and high visibility along the Hwy 93 corridor. The requested zone gives reasonable consideration to the character of the area and is consistent with other development in the area. Value of the buildings in the area will be conserved because the uses allowed under the B-2 zoning would be generally consistent and complementary to other uses in the area. MON MM MOMSIM Morel Lem The most appropriate use of land throughout the jurisdiction is the general commercial zoning designation being requested. This is consistent with the uses and other zoning in the area and promotes the stability and neighborhood character of the immediate area. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report as #KA-03-1 as findings of fact and forward a recommendation to the Kalispell City Council that the initial zoning for this property should be B-2, General Business, upon annexation. 4 Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 0 PETITION FOR ANNEXATION AND INITIAL ZONING CITY OF KALISPELL NAME OF APPLICANT: — MAIL ADDRESS: CITY/STATE/ZIP: INTEREST IN PROPERTY NIPO. LLC 1830 3rd Ave. East DEC 18 2002 Kalispell, MT. 59901 PHONE: 406-751-4680 Owner Other Parties of Interest to be Notified: PARTIES OF INTEREST: Jackola Engineering & Architecture P.C. MAIL ADDRESS: P.O. Box 1134 CITY/STATE/ZIP: Kalispell, MT. 59903 PHONE: 406-755-3208 INTEREST IN PROPERTY: Engineering / Surveyor Address of the property: Legal Description: See Attached (Lot and Block of Subdivision; Tract #) (Section, Township, Range) (Attach metes and bounds as Exhibit A) The present zoning of the above property is: County Willow Glen B-2 The proposed zoning of the above property is: City B-2 State the changed or changing conditions that make the proposed amendment necessary: The City extension of services plan includes this area for utilites upgrade along with the Highway improvements. annexation of the adjacent properties to these utlity extensions is essential to justify andprovide return for these costs. It is only appropriate to annex the property under the same zoning which it occurred in the County in keep±rig wtrti ttie master plan. The signing of this application signifies that the foregoing information is true and accurate based upon the best information available and further grants approval for Tri-City Planning staff to be present on the property for routine i tion during the annexation process. 1 � (Applicant) (D te) 1 APPLICATION PROCESS APPLICABLE TO ALL ANNEXATION AND INITIAL ZONING APPLICATIONS Pre -Application Meeting: A discussion with the planning director or designated member of staff must precede filing of this application. Among topics to be discussed are: compliance with the master plan, compatibility of proposed zoning with surrounding zoning classifications and the application procedure. 2. Completed application form. Completed Petition to Annex form including an Exhibit A, legal description of the property. 4. Annexation and Initial Zoning Fee made payable to the Tri-City Planning Office. 5. Fee Schedule None 6. A bona fide legal description of the property from a recent survey, title report or deed which accurately describes the property to be annexed. H:\FRDO\FORMS\APPFORMS\KANNX.DOC PETITION NO.: PETITION TO ANNEX. AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A 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 to other properties within the rest of the municipality. 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. The Petitioner(s) further herein express an intent to have the property as herein described withdrawn from the South Kalispell Rural Fire District under the provisions of Section 7-33-2127, Montana Code Annotated; and that incorporated into this Petition to Annex 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. In the event the property is not immediately annexed, the Petitioner(s) 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 property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. I Petitioner/9er Petitioner/Owner Please return this petition to: Tri-City Planning Office 172 St East, Suite 211 Kalispell MT 59901 NOTE: Attach Exhibit A STATE OF MONTANA ) ss County of Flathead County On this _ '1 day of [}=e,,,L,., , Zm2., before me, the undersigned. a Notary Public for the State of Montana, personally appeared _gr- A. flas known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she execut _ psarAg�, /V IPoy u-P t -.0 . -'V 11��N IN WITNESS WHE I have her year in this certific e st above writte NO a AMAL SEAL OF M STATE OF MONTANA ) ss County of Flathead County my n nd axed my Notary Seal the day and Not Public, St e f Montana Resi ng at My ommission exp res: On this day of , before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my Notary Seal the day and year in this certificate first above written. STATE OF MONTANA ) ss County of Flathead Notary Public, State of Montana Residing at My Commission expires: On this day of , , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and , the and respectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. rN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public. State of Montana Residing at My Commission expires Tri-Ciq Planning Office 17 Second Street East — Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net It'i t ►r • a • lia TO: Kalispell City Staff and Other Interested Parties FROM: Narda A. Wilson, Senior Planner DATE: January 21, 2003 RE: Kalispell City Planning Board Meeting February 11, 2003 Attached with this memo is information relating to items that will go before the planning board on the above referenced date. A request by Wind River Development Corp for an initial zoning designation upon annexation to the city of Kalispell on approximately 32 acres of property located on the east side of Willow Glen Drive, south and west of Leisure Drive. The proposal would designate approximately 32 acres as R-2, Residential, a single family residential district that has a minimum lot size requirement of 9,600 square feet. Currently the property is in the Flathead County zoning jurisdiction and is zoned R-2, One Family Limited Residential, that has a minimum lot size requirement of 20,000 square feet. A preliminary plat for 67 single family residential lots as described below is being filed concurrently with the annexation and zoning request. 2. A request by Wind River Development Corp for preliminary plat approval of Leisure Heights, a 67-lot residential subdivision located east of Willow Glen Drive, south and west of Leisure Drive. This plat would create 67 lots intended for single family residential development on approximately 32 acres. Lots range ins size from approximately 10.000 square feet to approximately 28.000 square feet. All of the lots in the subdivision would be served by public sewer and water and would be developed in accordance with City of Kalispell design standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning R-2. 3. A request by NIPO, LLC for an initial zoning designation of B-2, General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwv 93 south and Willow Glen Drive north of Lower Vallev Road. The property is currently in the County zoning jurisdiction and is zoned B-2, General Business. p~ovidini! Community 1"annin!z assistance 1o: C`ty 4 Naiispeil e City of Coiumuia mails ' City of Whitefish Referrals KPB 2 / 11 / 03 January 21, 2003 Page 2 These items will go before the Site Development Review Committee now meeting in the City Hall Conference Room while the Kalispell Building Dept undergoes a remodel. January 23, 2003- Initial comments January 30, 3003 - Comments Final Comments By: ® February 3, 2003 so that they can be incorporated into the staff report. These matters will go before the Kalispell City Planning Board on February 11, 2003 for public hearing. Please bring your comments to the above referenced site review committee meeting(s) or submit your comments in writing or by phone, prior to February 3, 2003 so that they can be incorporated into the staff report to the planning board. You can reach me at 751-1852. If you need additional information regarding any of these items, please call me. Thank you for taking the time to review and comment on these items. c: w/attachments: Jim Stewart, Fire Dept. Mike Baker, Parks and Rec Chris Kukulski, City Manager PJ. Sorenson, Zoning Administrator Roger Kraus, Police Dept. Dick Amerman, City Engineer Jim Hansa, Director Public Works Susan Moyer, Community Development Director Craig Kerzman, Chief Building Inspector Charles Harball, City Attorney Charlie Johnson, Co. Road Dept. Jackola Engineering Schwarz Engineering H:\... \AG REF\KALISPELL\KPB211REF1.DOC NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION Leisure Heights Subdivision Initial Zoning of R-2 Upon Annexation - 32 Acres Leisure Heights Preliminary Plat - 67 Lots Initial Zoning of B-2 Upon Annexation - Four Corners The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday, February 11, 2003 beginning at 7:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 312 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the following agenda items. The board will make a recommendation to the Kalispell City Council who will take final action.' 1. A request by Wind River Development Corp for an initial zoning designation upon annexation to the city of Kalispell on approximately 32 acres of property located on the east side of Willow Glen Drive, south and west of Leisure Drive. The proposal would designate approximately 32 acres as R-2, Single Family Residential, that has a minimum lot size requirement of 9,600 square feet. Currently the property is in the Flathead County zoning jurisdiction and is zoned R-2, One Family Residential, that has a minimum lot size requirement of 20,000 square feet. A preliminary plat for 67 single-family residential lots as described below is being filed concurrently with the annexation and zoning request. The property proposed for annexation and zoning can be described as Assessor's Tracts 3, 3H and 3AADA in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 2. A request by Wind River Development Corp for preliminary plat approval of Leisure Heights, a 67-lot residential subdivision located east of Willow Glen Drive, south and west of Leisure Drive. This plat would create 67 lots intended for single-family residential development on approximately 32 acres. Lots range in size from approximately 10,000 square feet to approximately 28,000 square feet. All of the lots in the subdivision would be served by public sewer and water and would be developed in accordance with City of Kalispell design standards. The preliminary plat is being submitted in conjunction with the annexation of the property and designation of initial zoning R-2. The property can be described as Assessor's Tracts 3, 3H and 3AADA in Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by NIPO, LLC for an initial zoning designation of B-2, General Business, upon annexation into the city of Kalispell on approximately 9.33 acres that lies between Hwy 93 south and Willow Glen Drive north of Lower Valley Road. The property is currently in the County zoning jurisdiction and is zoned B- 2, General Business. The property proposed for annexation can be described as Assessor's Tracts 11EG, 11E, 11EC, 11ED, 11E, 11EB, 11EEA, 11EFA, 11EF, 11EE and 11EH in Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection at the Tri-City Planning Office, 17 Second Street East, Suite 211, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Written comments may be submitted to the Tri-City Planning Office at the above address, prior to the date of the hearing, or contact Narda Wilson, Senior Planner, at (406) 751-1850 for additional information. Thomas R. Jentz Planning Director The Dahy`Inter Lake, Sunday, January 26, 2003' D5 No. 6591 NOTICE OF PUBLIC 2. A request by Wind HEARING River Development KALISPELL CITY Corp for preliminary plat PLANNING BOARD approval of Leisure AND ZONING COM- Heights, a 67-lot resi- MISSION dential subdivision lo- Leisure Heights Subdi- cated east of Willow vision Initial Zoning of Glen Drive, south and R-2 Upon Annexation — west of Leisure Drive. 32 Acres This plat would create Leisure Heights Pre -67 lots intended for sin- liminary Plat — 67 Lots ,gle-family residential de- ..J Initial Zoning of B-2 velopment on approxi- Upon Annexation — mately 32 acres. Lots :"Four Comers range in size from ap- ``7The rewlar Oteeting of proximately 10,000 the Kalispc? C „v Plan- square feet to approxi- nin Board and Zoning 9 g ::.mately 28,000 square feet. All of the lots in the Commission is sched- subdivision would be uled for Tuesday, Feb- served by public sewer .-:Fuary 11, 2003 begin- and water and would be :ning at 7:00 PM in the developed in accord - Kalispell City Council ance with City of Kalis- :Chambers, Kalispell peil design standards. City Hall, 312 First Ave- The preliminary plat is nue East, Kalispell. The >being submitted in con - planning board will hold .junction with the annex - 'a public hearing and ation of the property and take public comments :designation of initial on the following agenda :zoning R-2. The proper- ftems. The board will `ty can be described as make a recommenda :Assessor's Tracts 3, 3H tfon to the Kalispell City and 3AADA in Section Council who will take fi- 91, Township 28 North, nai action. ;;Range 21. West, ':' 1. A request by Wind P.M.M., Flathead Coun- River Development ...ty, Montana. Corp for an initial zoning =•.3. A request by NIPO, ,.designation upon an- 11-C for an initial zoning vexation to the city of ''designation of B-2, Gen- -Kalispell on approxi eral Business, upon an- iiiately 32 acres of prop- `vexation into the city of ,;erty located on the east Kalispell on approxi- side of Willow Glen :mately 9.33 acres that Drive, south and west of flies between Hwy 93 ,Leisure Drive. The pro- 'south and Willow Glen ;posal would designate Drive north of Lower approximately 32 acres Valley Road. The prop - ,,,as R-2, Single Family erty is currently in the Residential, that has a County zoning jurisdic- .minimum lot size re- tion and is zoned B-2, q,uirement of 9,600 General Business. The square feet. Currently property proposed for the property -is in the annexation can be de - Flathead County zoning scribed as Assessor's jurisdiction and is zoned Tracts 11 EG, 11 E, R-2, One Family Resi- 1::1 EC, 11 ED, 11 E, dential, that has a mini- 11 EB, 11 EEA, 11 EFA, mum lot size require- LIEF, 11EE and 11EH ment of 20,000 square in Section 29, Township feet. A preliminary plat 28 North, Range 21 for 67 single-family resi- West, P.M.M., Flathead dential lots as described County, Montana. below is being filed con- Documents pertaining currently with the an- to. these agenda items nexation and zoning re- are on file for public in- quest. The property spection at the Tri-City proposed for annexation Planning Office, 17 Sec - and zoning can be de- and Street East, Suite scribed as Assessor's Tracts 3, 3H and 3AA- DA in Section 21, Town- ship 28 North, Range 21 West, P.M.M., Flathead County, Montana. 211, :Kalispell. 59901;, and area ble=for"publio,..re durrng'regular e hours Inferested`persor encouraged;_toi a the: hearing: and:`t their .views..an,d; cerns known ` d: Board :Wrrtten ;j merits: may::besu ted to the-.Tn Criy' Car fXMMENI IN VALVE B& FOR 5EMM 4D189' CORNER AT lb Ip L I 1 i zI i I I i — � I I I I 1 \ .. �62'E e — TAME 7- \ t�'�3��A%f�RitK 6 �. as FOUND AK: NAIL FOR ;tMARTER � � SECiKaV:= CORNER PRMAI J4MOLA BN;/AMW4 J4M A Bt /W 3RD AI 3w FLOOR, w P.O. d ,rC-75 PRBIAA MM V 1 ) PRESENT.WERE Also present: City Manager Chris A. Kukulski, City Attorney Charles Harball, City Clerk Theresa White, Finance Director Amy Robertson, Assistant Finance Director Carol Kostman, Public Works Director Jim Hansz, Police Chief Frank Garner, Fire Chief Randy Brodehl, Tri-City Director Tom Jentz, Personnel Specialist Marti Hensley, Administrative Coordinator Pati Heath and Building Official Craig Kerzman. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. AGENDA APPROVAL Leistiko moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. CONSENT AGENDA APPROVAL l . Council Minutes - Regular Meeting February 18, 2003 Kenyon moved approval of the Consent Agenda. The motion was seconded. Hafferman asked that a written statement he made and presented at the February 18 meeting be attached to the minutes as indicated. White agreed to make sure they're attached. The motion carried unanimously upon vote. STUDENT ISSUES None HEAR THE PUBLIC Gary Collier, 161 Willow Glen Drive, spoke on behalf of Subway and asked the Council to review its sign ordinance and change the way square footage is calculated. Bob Herron, 781 1 st Avenue EN, read a letter asking the Council to address "a serious problem that is undermining free elections with illegal voting." (Letter is attached and by this reference is made a part of the official record) ORDINANCE 1444 — ADOPTION OF INTERNATIONAL BUILDING AND RESIDENTIAL CODES 2000 - 2ND READING The State Building Codes Bureau recently adopted the IBC 2000 and the IRC 2000 and is requiring Kalispell City Council Minutes March 3, 2003 Page 1 all local governments to adopt the same codes in order to maintain their certification with the State. Ordinance 1444 passed on first reading January 21. Counsell moved second reading of Ordinance 1444, an ordinance to amend Ordinance No. 1416, adopting, by reference, the "International Building Code", 2000 Edition, and the "International Residential Code", 2000 Edition, as the building codes of the City of Kalispell and applicable to the jurisdictional area thereof; subject to the amendments made, adopted and approved by the Building Codes Bureau, Department of Labor and Industry, State of Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and establishing an effective date. The motion was seconded. Larson asked if there is a companion code in the International Fire Codes. Kerzman answered the State is still using the Uniform Fire Code so there will be disconnect between the International Codes and Uniform Codes. The motion carried unanimously upon roll call vote with all members present. ORDINANCE 1446 — WARD BOUNDARIES ADJUSTMENT —1ST READING Every ten years following the federal census cities are required to examine voter wards to determine whether they are fairly proportioned. The Tri-City Planning Office has examined the Census 2000 block data and Ordinance 1446 adjusts the ward boundaries to be consistent within two percent Kenyon moved first reading of Ordinance 1446, an ordinance amending Section 6-1 of the Kalispell City Codes (Ordinance No. 1341) by re-establishing the boundaries of the wards of the City. The motion was seconded. There was no discussion. The motion carried unanimously upon roll call vote with all members present. RESOLUTION 4775 — ANNEXATION REQUEST — NIPO, LLC NIPO, LLC is requesting annexation of approximately 9.33 acres of undeveloped property located between Highway 93 South and Willow Glen Drive north of Lower Valley Road. Kenyon moved Resolution 4775, a resolution to provide for the alteration of the boundaries of the city of Kalispell by including therein as an annexation certain real property, as more particularly described on Exhibit "A", located in Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, to be known as Four Corners Addition No. 321; to zone said property in accordance with the Kalispell Interim Zoning Ordinance, and to declare an effective date. The motion was seconded. Kukulski gave a staff report stating this is vacant land that is not contiguous to the City. He asked the Council to compare this property to that of the Willows, which was annexed in its raw state and also not contiguous to the City. In addition, when the US Highway 93 South project is done, the urban standard will begin at Four Corners with sidewalks, curbs and gutters. Hafferman read a written statement outlining why this annexation should not be before the Council. (Statement is attached and by this reference is made a part of the official record) Kalispell City Council Minutes March 3, 2003 Page 2 Counsell stated he's also concerned about the ISO rating if we continue to annex property further and further south. He said the property is not contiguous and it would be a mistake to annex this property at this time. Kenyon asked Garner and Brodehl to respond. Brodehl commented the ISO rating is only impacted by structures outside the mile and a half response area. He said bare ground would have no effect. Garner stated the annexation would require very little enforcement now, but would require more in the future when the property is developed. Olson said the Council may be acting too quickly if it approves this annexation, asking what if the highway project isn't built for many years. Hansz answered the contract is expected to be let in December, 2003 with construction to begin the spring of 2004. Larson said his biggest concern is the ISO rating. He said the City has constantly been trying to reduce the rating, yet a lot of times it does things contrary to that. In addition, he's still not convinced that the Council has agreed to extend utilities to Four Corners. Kukulski emphasized a resolution has been passed committing the City to extending those utilities. Jentz stressed that when someone asks to be annexed, it's usually for a very specific reason. He said it's not easy to annex a piece of property, adding it would be easier to install a septic system and well. Jentz said the developer would like to be annexed, whereas many others have opted to stay out. Leistiko commented he's sure the developer is aware that if the property is developed before the highway project is complete it's going to cost a sizable amount of money to run sewer and water to his land. He said he's not concerned about the vacant land, but he is concerned with the ISO rating and if it's not necessary to annex this property at this time, then the City shouldn't be doing it. Hafferman reminded the Council that the requirement that a developer is responsible for infrastructure has been on the books since 1982. He said he wasn't on the Council when the commitment was made to extend utilities, but if he had been, he would have emphasized it's in violation of the City's existing rules and regulations. Atkinson said it's a Catch 22, the City wants to annex undeveloped properties, but it also has a policy not to annex land that's not contiguous. He said he agrees with Hafferman that the Council should have looked at other options to extend sewer and water to that area, however, a resolution has been passed and promises made. Atkinson said even though he voted in favor of the request at the Planning Board level, he didn't see any compelling reason for the annexation and the City should follow its policies and pass on the annexation at this time. Olson moved to table Resolution 4775 for sixty days. The motion was seconded. The motion carried upon roll call vote with Atkinson, Kenyon, Leistiko, Olson and Mayor Kennedy voting in favor, and Counsell, Hafferman, Larson and Peters voting against. Kalispell City Council Minutes March 3, 2003 Page 3 ORDINANCE 1447 — INITIAL ZONING — NIPO, LLC —1ST READING NIPO, LLC is requesting a zoning designation of B-2, General Business, for the property listed above. It is currently zoned County B-2. Olson moved to table Ordinance 1447 for sixty days. The motion was seconded. The motion carried upon with Hafferman voting against. SCHOOL DISTRICT 5 INTERLOCAL AGREEMENT — RAWSON FIELD School District 5 has requested that the City Council approve a five-year agreement to allow off- street parking on City property adjacent to Rawson Field. Larson moved the Mayor be authorized to execute the Interlocal Agreement on behalf of the Kalispell City Council with School District 5 concerning parking at Rawson Field. The motion was seconded. Kukulski gave a staff report. Atkinson asked if it's understood that any improvements made to the property by the School District becomes the property of the City once the agreement has ended. Kukulski answered that's correct. Atkinson commented the City has requirements relative to parking lots, specifically that they be paved. He asked if this area will be paved. Kukulski said that has been discussed and the bottom line is that school districts don't necessarily have to follow city ordinances, and in this case it's beneficial to both parties not to have it paved. MAYOR/COUNCIL/CITY MANAGER'S REPORTS Hafferman asked that both issues presented by the public this evening, the residency requirements for elections and the sign ordinance, be placed on a work session for discussion. Mayor Kennedy noted another issue for a work session is the NIPO annexation. ADJOURN The meeting was adjourned at 7:57 p.m. ATTEST: Theresa White City Clerk Approved March 17, 2003 Pamelal. enne F ` Mayor Kalispell City Council Minutes March 3, 2003 Page 4 ANNEXATION- Four corners area The memo from the Tri-cities planning office states "This property is currently undeveloped and would be the intent of the property owner not to develop the site until such time as the utilities would be available." This annexation and zoning proposal should not be before the City Council today for the following reasons: 1. Like the Wolford development, it creates an island that the city must immediately provide services. In this case, vacant properties are great assembly points for young people with time on their hands and also places for people of all ages to park sometimes with illegal activity in mind. Therefore, some police protection will be necessary, albeit minor. 2. Fire protection is of major concern for several reason: A. It is beyond the 1.5 mile radius from our fire station. Before we begin any more annexations south of this 1.5 mile radius, this council needs to determine when and how we are going to provide city fire protection to the annexed area. We need planning before we need annexation. B. South Kalispell Volunteer Fire Department has a fire station about 1000' to the north that provides all the fire protection needed. If we annex this property it will reduce the tax base of the VFD. South Kalispell VFD loses and the city's ISO rating is jeopardized and that affects every resident in Kalispell in the pocket book for insurance rates. This council should INSIST that a mutual aid agreement be worked out with the VFDs surrounding the city before any more annexations occur. 3. Unlike the Wolford development where that developer intended immediate development and to install all infrastructure, this owner is apparently under the impression that the city ratepayers are going to pay to install the necessary water and sewer mains to serve the property. There IS an item in the current budget for $2, 491,690, probably intended to be financed with a credit card purchase, for the city rate payers to put in water and sewer mains to Four Corners. I voted against our current budget, this item being one of the reasons. DEVELOPERS install water and sewer lines to new areas, not ratepayers. I can assure this council that if this doondoggle rears its ugly head that I will use every means at my disposal to inform the citizens of Kalispell what is going on. I am determined that this item will not be another Streetscape project. 4. Page 21 of our existing infrastructure extension plan requires the developer to not only extend the water and sewer mains from their existing location, but requires the developer to extend them to the furthest boundary. Developers should be made aware of this requirement and the city council should adhere to its adopted regulations, and 5. The Extension of Services Plan submitted with is application was inadequate and in error. The revenue received from the city assessments was addressed, which leads me to believe that the only purpose of this proposal was to increase the tax base. It was totally inadequate to assess the obligations. Bob Hafferman Kalispell City Council Monday, March 3, 2003 From Kalispell City Resident Robert H Herron (aka) Bob Herron 781 1st Ave E N Kalispell, Montana 59901 Good Evening, Mayor, Council y name is Bob Herron, I live at 781 Vt Ave E N, ward 2, in the city of Kalispell. Tonight do ordinance 46 adjusting ward boundaries, ordinance will assure the registered voters of the City of Kalispell that each ward is fairly proportioned. Our American system of free elections is certainly one of the greatest virtues of our democracy. There are basic principles of decency, honesty, and fair play that all of us, both citizens of this city and public office holders of this city, have a moral obligation to observe and uphold. Last year, you as a council, adopted a vision for this city, a mission statement for this city, and a set of core values for this city. Your first two core values are Individual Responsibility and Honesty. I am here tonight to request of you that at your next one or two work sessions you address a very, very serious problem that is corrupting and undermining our system of free elections right here in our fair city of Kalispell. There is illegal voting taking place in the city of Kalispell. Until you as a council live up to your core values and address this problem, the city of Kalispell will be tainted as a corrupt city. - Tonight I bring you four specific cases of people registered to vote in the city of Kalispell, who do not live in the city of Kalispell. These people are illegally registered to vote in ward 3. All four of these people live outside the city on large tracts of land, and all four of these people were previously registered to vote at the residence where they now live and where they have lived for many years. Two of the people transferred there registration to a downtown Kalispell address in 1999 and two of these people transferred the residence to a downtown Kalispell address in 2001. i It is interesting to note that Mr. Kenyon won his ward 3 council seat in 1999 by 2 votes. That is right, 2 votes. I will also note for you that two of these illegal voters that I am calling to your attention are illegally on your parking commission, and it is quite interesting to note that they have just terminated the director of the parking commission. Mayor, council, you need to address this corruption in our city. Do not pawn this off on the city attorney, do not pawn this off on the city manager ......... you — the council — must not only make sure that our wards are proportioned fairly — but that only legal residents of our city are voting in our wards. The very future of our city is at stake here !!!! Last year when these 4 people were part of a group that sued both the city and the county, one of them was quoted as saying — ""We can't stand by and allow illegal decisions..to ruin our economic well-being and Montana way of life." ROM I hope and pray that Kalispell is governed by the core values that you have adopted and not those being demonstrated by these 4 individuals. Please protect our Montana Way of Life. Thank you.