Loading...
Kukulski to Council/Resolution of IntentionCily of Kalispell. Post Office Box 1997 - Kalispell, Montana 59%3-1997 • Telephone (406) 758-7700 - FAX (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: Resolution of Intention to Annex the Glacier Village Greens Area, Northeast of Kalispell, Contiguous to Whitefish Stage and West Evergreen Drive MEETING DATE: September 5, 2000 BACK GROUND: In response to direction that was given at the August 28th Council work session, we have prepared the attached Resolution of Intention to Annex Glacier Village Greens, Phases 1, 1I, III, IIIA, IIIB, IV, V, VIII, IX, X and Tract 5 which is located in NW 1/4 and SW 1/4 of the SW 1/4 of Sec. 32, T29N, R2l W. Because there is not a Certificate of Survey on record for the golf course, I recommend that we hold off on this portion of the annexation until a later phase of the development. This decision also removes Phase VII and the clubhouse site because they will no longer be contiguous to the proposed annexed property. I have added those issues which were brought up during our work session, along with the results my meeting with the Glacier Village Greens Homeowner's Association Tuesday evening. I've also committed myself, Frank Garner, Ted Waggener and Jim Hansz to attend the GIacier Village Greens Annual meeting which will be held September 12th. In 1982, the City entered into a Sewer District Connection Agreement with the North Village Sewer District (Glacier Village Greens Development). Paragraph eleven of the Agreement is as follows: 11. The District by this agreement waives the right to protest annexation to the City of Kalispell, on all or any part of the District, provided, however, that the City shall not initiate annexation procedures under Section 7-2-4312 until development within the portion to be annexed reaches 80% of the approved plan development of the area to be annexed. Section 7-2-4312. Reads as follows: Section 7-2-4312. Resolution of intent by city or town —notice. When, in the judgment of any city or town council, expressed by a resolution that is passed and adopted, it is in the best interest of the city or town and the inhabitants of any contiguous platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed that the boundaries of the city, or town be extended to include the platted tracts or parcels of land or unplatted land within the corporate limits of the city or town, the city or town clerk shall: Page I of 6 (1) immediately notify, in writing, all registered voters in the territory to be embraced; and (2) cause a notice to be published in the newspaper published nearest the platted tracts orparcels of land or unplatted land for which certificate ofsurvey has been filed, at least once a week for 2 successive weeks. Furthermore, paragraph eighteen of the Agreement states the following: 18. No owner of any parcel of land within the District shall be allowed to hook-up to, or to contribute to the flow of the sewer main connected to the City's Sewage Treatment System unless and until said owner has furnished to the City a waiver of right to protest annexation In Addition to the Agreement, each of the 276 parcel owners have been aware of their "waiver of right to protest annexation" in two ways. First, 274 of the property owners were notified through the Covenants that are attached to their deed. Second, Consents to Annex and/or Petitions to Annex have been signed on Phases I, II, IIIA, IV, VII, IX, and X of the development. For some unknown reason Phases III, IIIB, V and VIII (88 of 276 total lots did not sign petitions) Therefore, it is conclusive that the property owners were sufficiently aware of the City's intention to annex Glacier Village Greens. This opinion is further strengthened by the recent ruling in the Whitef sh annexation case. What is the impact to the City in providing services to Glacier Village Greens? Currently, Glacier Village Greens has 276 residential lots. Ofthe 276 lots approximately 225 have single family homes or condominiums. By removing the golf course and phase VII from the proposed annexation we are only removing one house and 16 vacant lots. The Dept. of Commerce estimates that there are 2.7 occupants per household within the US, however, because of the demographic make-up of Glacier Village Greens we would suggest that it is closer to 2.0 per house hold. This gives us a range of 450 to 600 residents within the development. After discussing this estimate with the Association we feel strongly that 450 is a good estimate. It was indicated during our conversations that there are a number of single occupant properties. See the attached location map and plat map of the development. The following is a description of services the City of Kalispell will provide the residents of Glacier Village Greens development upon annexation. Police Coverage - In preparing the plan we examined the call -load ratio for the region, the demographic features, the population base and the inherent architectural features related to safety. We analyzed the call -load ratio for the area from our records and those of the Flathead County Sheriffs Office to help determine a calls -for -service need. This area is in our zone number 4 which generally runs north of US-2 and east of Main Street. Zone 4 is the lowest calls - for -service area in the city with approximately 1400 calls per year. The Flathead County Sheriffs Office indicated the calls -for -service in the area was very low. The subdivision is flanked on the east by Stillwater River and on the west by steep ridges. The area has only two access roads on the south side of the property with fencing between the ridges and the river. The area receives very little transient traffic that is not connected to the golf Page 2 of 6 operation because there are no through avenues. The subdivision is well lit and the homes are in close proximity to each other. These features suggest that there will be a very low law enforcement caseload. There is some floodplain concern that would require law enforcement services if a flood required an evacuation of the area. In conclusion, the low calls -for -service ratio of the area, along with the absence of a significant call load in the subdivision, suggests that the demand on our services will be low. The demographic profile of the area, that of adult middle income families, is generally one with a low calls -for -service profile. The population numbers suggest that the area will require approximately .8 officers based on the low population estimate of 450 residents. That figure is based on the "Law Enforcement in Montana" survey which rates law enforcement ratios in cities of our size in the state at 1.8 officers per 1000 residents. (x/450 residents = 1.8/1000 residents). We must also anticipate some impact on our dispatch services that will require that we budget additional money for part- time staff. We also anticipate a very small caseload on our animal warden services. It is our opinion that we can extend services to this area without the addition of any employees through increased efficiency and zone response. We feel we can generally provide excellent service to the area because of its proximity to existing service areas and the inherent low calls -for -service overall profile of the area. We must stress that the cumulative affect of annexations such as these will result in a need for additional full-time staff and proportional funding for support staff. Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection of Glacier Village Greens Subdivision in order to determine the impact annexation would have on the fire department. Our present manpower to population ration is 1 fireman per 800 population. Consequently, this annexation would cause the fire department to require 0.56 fireman based on the 450 estimated residents. The distance from our station to the last house in this subdivision is 3.8 miles. We estimate our response time at six to seven minutes. There are currently 23 fire hydrants for the Evergreen Water Department in this subdivision. We are charged $60 per year rent on these hydrants, so that would be a cost to our budget of $1380 per year. We have served this subdivision since it's beginning with our E. M.S. System. It is our opinion, that since we already serve this area with E. M. S., and since it is a new subdivision built to current building and fire codes, the run volume for fire should be quite low. We would like to point out, however, that this subdivision is on the Northeast edge if our city limits, where a substation is a consideration at this time. We would not propose hiring additional manpower as a result of this annexation, however, the cumulative effect of growth and annexation will create a demand for additional manpower in the future. I am working with the Department of Revenue to accurately calculate the annexation's impact to the Evergreen Rural Fire District. I am also working to find out how the over all growth in Evergreen has impacted the department's revenue. I will be meeting with Chief Yerkes of the Evergreen Volunteer Fire Department Friday afternoon. I am optimistic that a positive relationship can be developed however, I know from experience that this will not happen overnight. Public Works - Our review of the street system is based on the assumption that the Homeowners Association would want to dedicate the streets to the City. This is not required, and is a separate Page 3 of 6 action from the annexation that must be taken by the Association and the City council. I would recommend that we accept the streets if asked by the Association. Streets are in generally good condition and appear to meet the City's standard cross section with curb and gutter. The first phase portion of Nicklaus Drive is the exception. It is constructed to the City's alternate cross section design that does not include curb and gutter. The other exception is that sidewalks have not been installed in the development. The condition, of the streets appears to be good with no obvious deficient areas. It is our opinion that overlay is not needed, but that the streets should be placed into the regular maintenance program to be chip -sealed as soon as possible in order to maintain their good condition for as long as possible. We would further recommend improving Nicklaus Drive (phase I) to add curb and gutter to match the rest of the development and improve drainage. It is my understanding, per my conversation with the homeowners association president, that the developers have a responsibility to upgrade Phase I. At the time of the memo I was not able to verify this obligation. Storm drainage facilities have been installed and there are no obvious deficiencies. Potential catch basin and piping improvements may be needed if curb and gutter is added to Nicklaus Drive in order to ensure proper function of the system. Evergreen Drive from Whitefish Stage Road to the Whitefish River is a County maintained road. It appears to be in generally good condition and appears to meet County standards. There are no obvious immediate improvements needed for this section of Evergreen Drive that would place a burden on City resources. Because our sewer line is not within the Evergreen Drive right-of-way I am not advocating that we annex any portion of Evergreen Drive at this time. It is difficult to determine the personnel requirements to serve this area. Routine snow plowing is the greatest obligation. This would add about six man-hours of workload per event. Sweeping would impose a somewhat smaller burden of approximately four man-hours per event. Other road maintenance would be fitted into the current schedule as necessary. Water maintenance is done by Evergreen. There would be no changes in sewer system maintenance because this is being done at present by the City. Storm drainage maintenance is estimated to be nominal and not of significant impact. We were able to identify a statistic that identified the need for 2.5 public works employees for every 1,000 residents in order to perform ALL public work responsibilities (streets, water, sewer, solid waste, storm sewer, support staff etc.) Utilizing this figure, you would estimate the need in public works to be approx. 1.1 employees, however, as I mentioned above we already provide sanitary sewer, water is Evergreen's, solid waste is a minimum of five years out and so we are estimating an overall impact of 0.5 employee. Sewer Service - Sewer system facilities are reasonably new and were installed to Montana standards. They are currently the property of North Village County Sewer District. We have a contractual arrangement with North Village to operate and maintain the facilities and will become owner of the facilities when bonds for construction have been paid. There are no apparent infrastructure needs for this system and annexation will involve no changes to City operations. As a result of the annexation, sewer users will no longer have to pay the out -of -city sewer rate which is 25% higher than the in -city rate. This will save each user approx. $50 per year and cost the sewer fund approx. $11,250. Water Service - Water system facilities are reasonably new and were installed to Montana standards and are the property of the Evergreen district. There would be no obligation on the City to operate or maintain this system. This is identical to the situation in Buffalo Stage where the development is in the City but water is provided from Evergreen facilities. Page 4 of 6 Solid Waste (Garbage Collection) -The City will not provide solid waste disposal services to the annexed area for a minimum of five years, consistent with the provision of 7-2-4736, M.C.A. Parks -There are no publicly owned parks within the Glacier Village Greens development. The developers chose to meet their parkland requirements by designated their park areas as homeowners association parks, green space and open areas. Therefore, the City will have no additional service commitment as a result of the annexation. After discussing this issue with the Association I would be surprised if the City is asked to consider making them public. I would be reluctant to accept the parks as public city parks if asked by the Association. I believe that making them public parks would neither be in the best interest of the City nor the residents living within Glacier Village Greens. Recreation - Residents within Glacier Village Greens are currently eligible to participate in any of the City's recreational programs. Therefor, the only impact pertaining to recreation is that the participating residents will no longer have to pay the higher "out of city" fee. This is expected to have an extremely minimal effect on recreation fees. Urban Forestry - Public right-of-ways are 60 feet within the development. This offers ample space for boulevard trees. Glacier Village Greens will be prioritized with all other neighborhoods within the City for both the planting of new trees and the maintenance of their current boulevard trees. What tax revenue will be derived by the annexation? The Glacier Village Greens development will generate $64,947 in general tax revenue based on 1999 assessment numbers (Dept. Of Revenue spreadsheet). Of the 259 lots within the development, the majority are 65' x 100' equating to 6,500 sq. ft. There are a number of lots that are smaller, and some that are larger, but for purposes of estimating I utilized the average size of 6,500. In addition to the millage revenue generated, property owners will be subject to three assessments. The Street Maintenance assessment will generate an estimated $7,575; the Storm Sewer assessment an estimated $4,623; and the Urban Forestry assessment will generate an estimated $1,134. Therefore, the total revenue generated from Glacier Village Greens is estimated at $78,279 per year. This breaks down to approximately $302 in City taxes and assessments for each lot within Glacier Village Greens. Can the City provide services to the Glacier Village Greens development without raising taxes? Yes. See the following chart which is derived from the narrative above. The manpower estimates have not been altered based on the removal of Phase VII and the golf course, however the revenue numbers have been reduced. Department Manpower Total Cost Police Officer 0.8 $36,547 Fire Personnel 0.5 $21,214 Hydrant Rental $ 1,380 Public Works 0.5 LI & 103 $ 77,244 Administration (3%) 2 317 $79,561 Revenue Generated $78,279 Page 5 of 6 After analyzing all of the information pertaining to this annexation, I recommend we exercise our option under paragraph eleven of our agreement with North Village Sewer District and our authority under State law pertaining to annexation of contiguous lands. In doing so, we need to approve the attached Resolution of Intention to Annex Glacier Village Greens Phases I, II, III, ILIA, IIIB, IV, V, VIII, IX, X and Tract 5. The proposed timetable associated with the annexation is as follows: September 5 - Resolution of Intention September I 1 - Application submitted to FRDO September 13 - Publish notice September 20 - Publish notice October 3 - Deadline for comments October 10 - Annexation is presented to the Planning Board October 16 - First Reading of annexation and zoning before the City Council November 6 - Second Reading of annexation and zoning before the City Council December 6 - Annexation and zoning change becomes effective RECOMMENDATION: The City Council approve the attached Resolution of Intention to Annex the Glacier Village Greens Area, North East of Kalispell Contiguous to Whitefish Stage and West Evergreen Drive. FISCAL EFFECTS: The cost of services as compared to the revenue produced by the annexation are almost identical. Please note that we will not be hiring additional personnel as a result of this annexation, however, the cumulative effect of growth and annexation will eventually result in the need for additional personnel and/or contracted services. ALTERNATIVES: Respectfully submitted, Chris A. Kukulski City Manager As suggested by the Council. Report compiled August 31, 2000 Page 6 of 6