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08/02/95 Gallagher/Timmreck PropertyI e0iKallspell Incorporated 1892 Planning, Economic & Community Development Department P.O. Box 1997 Kalispell, MT 59903-1997 August 2, 1995 Mr. Larry 0. Lee, Broker/Owner Ms. Christine Denning, Broker Associate Century 21 Home & Investment Center, Inc. 284 4th Avenue W.N. Kalispell, MT 59901 Re: Timmreck Property, Airport Road at 18th Street (Response to your letter dated July 27, 1995) Dear Mr. Lee and Ms. Denning: 248 Third Avenue East (406) 758-7740 (406) 758-7739 (office fax) (406) 758-7758 (City Hall fax) Bruce Williams, City Manager, asked that I respond to your July 27, 1995, letter regarding the City's interest in Mrs. Timmreck's real estate located on the NW corner of Airport Road & 18th Street, Kalispell, Montana. The City's interest in the property is related to the Kalispell City Airport Neighborhood Plan (the "Plan") and the City Council's deliberations about how to implement the Plan. The Plan was adopted by City Council Resolution No. 4180 on September 19, 1994. Since that date, the Council has rezoned QDI-Y the City owned real estate (2 parcels) bordering U.S. Highway 93, and not the Timmreck property. The 1.478 acre parcel owned by Lois J. Timmreck is zoned B-2, General Business. The Council did authorize the City Manager to engage a qualified real estate appraiser to appraise the Timmreck property and I received a copy of the appraisal on July 10, 1995. The Date of Valuation is June 21, 1995. The purpose of the appraisal is to estimate the "Fair Market Value" for potential eminent domain action. The function is to assist the City in determining "Just Compensation" for the taking if it decides to implement the full Kalispell City Airport Neighborhood Plan. To date the City Council has not made any decision regarding acquisition, disposition, or any capital improvements, nor has it budgeted for any of those activities. Mr. Larry 0. Lee Ms. Christine Denning August 3, 1995 8 Last month, the Mayor, with City Council concurrence, appointed an Airport Advisory Board to advise the Council on matters and alternatives related to implementing the Plan. The Council has also asked the City Manager to prepare a project description and estimated cost of implementing the project and/or alternatives. The appraisal of all properties which may be acquired and those to be sold for redevelopment is essential in preparing the cost estimates. The Public Works and Parks Departments are currently working on estimating the cost of infrastructure including paving, fencing and extending the runway, plus the substantial cost of relocating all of the recreation complexes located on Airport property. The estimates must include the cost of site acquisition for new ballfields and there are several location options to be considered. Cost estimates and funding alternatives are still being evaluated. The City Council has had a "full plate" with many projects and priorities that will continue to demand most, if not all, of their attention over the next 30 days. After visiting with the City Manager about the Council's schedule and workload, it is a "best guess" that any decision about whether or not to proceed with a "Notice of Intent to Acquire" Lois Timmreck's real estate would not be made until October 1995, or later. At the present time there is no budget or an identified source of funds to pay the cost of real estate acquisition. However, a financing plan could be developed by October and more than likely will be. Implementing the Airport Plan is considered important and worthwhile by the City Council. They are moving deliberately and steadily to the point where they can make their decision(s) with the best information and advice they can get from their. staff and their new independent Airport Advisory Board. The independent and qualified real estate appraisal is just one of many steps. For clarification, I also asked our Building Official and Zoning Administrator to brief me about any discussions or correspondence they have had with you or any representatives of Lois Timmreck. As per the Zoning Administrator's letter to you dated December 28, 1994 (copy attached hereto), building permits cannot be issued unless the proposed development complies with the adopted Kalispell City Airport Neighborhood Plan. I appreciate that Mrs. Timmreck is anxious to get on to the next step and I hope this response helps to explain the City's position. The City Council has a difficult multi -million dollar decision to make. They cannot and should not be expected to make any decision until they are "fully informed" with enough detailed information regarding actions they must authorize and the costs to be incurred and taxpayer revenues obligated to implement this important project. Mr. Larry O. Lee Ms. Christine Denning August 3, 1995 Finally, should the City Council decide to proceed with implementing the Kalispell City Airport Neighborhood Plan, a project which may or may not include acquisition of real estate, they must adopt a financing plan. Until all of the possible costs are estimated, developing a plan is difficult. Lets assume, for sake of discussion, that the City Council passes a Resolution of Intent establishing the Plan (project activities and a financing plan) to acquire real estate. The "next step" would be to establish the "Just Compensation" to be offered to the property owner and to authorize the staff to "negotiate" the purchase of the property. This City Council action would trigger a formal written "Notice of Intent to Acquire" to be sent to the record owner of the property or such person(s) as may be designated in writing as their legal representative. The "Notice of Intent to Acquire" and all procedures governing acquisition are established by the Uniform Relocation and Real Property Acquisition Policy Act of 1970 (as amended). Generally, the Uniform Act requirements and procedures only apply to acquisition connected with projects financed with federal dollars. Currently, there are no federal grants and/or loans contemplated for the proposed project, however, the City will be exploring all possible sources and therefore assumes, at this time, it should follow the Uniform Act requirements. The Uniform Act assures that the property owner receives fair and equitable treatment, notice, and "Just Compensation," among other things. Mrs. Timmreck will receive a copy of this letter to advise her of this communication with you and to ask her to notify the City Manager or me in writing that when, and if, the City Council elects to proceed with the project and acquisition of her real estate, she has or will appoint you as her exclusive agent to represent her in the negotiations and to act on her behalf. A copy of your Agency Agreement or a separate letter would be sufficient. Sincerely, Lawrence Gallagher, Director Planning, Economic & Community Development cc: Lois Timmreck Bruce Williams Mayor Doug Rauthe City Council_ Members Craig Kerzman Brian Wood 3 The City of Kalispell Incorporated 1892 Telephone (406)758-7730 Building Department Fax: (406)758-7739 248 3rd Ave E, P0 Box 1997 Zip 59901 December 28, 1994 Larry 0. Lee Century 21 284 4th Avenue W.N. Kalispell, MT 59901 RE: Parcel C, Section 18, T28N R21w Dear Larry: Craig A. Kerman Building Official Brian J. Wood Zoning Administrator Dwain Elkins Plans Examiner Richard "Dick"Fura BuildingInspector Joel ScaLLen BuildingInspector I am writing in response to your December 20th request for a zoning determination of the above -referenced property. My apologies for the delay in responding - it was necessary to first consult with both the city attorney and the Montana Department of Transportation because of the city airport's proximity to the subject parcel. The property in question is currently zoned B-2, General Business. The setback requirements in the B-2 zone are as follows: Front Yard-20 feet, Side Yard-5 feet, Rear Yard-20 feet, and Side Corner-15 feet. The B-2 zone does not have a lot coverage restriction. The maximum building height in the B-2 zone is 35 feet. However, the property also lies within the city airport's RUNWAY PROTECTION ZONE, and is subject to standards set forth in the Federal Aviation Regulations as well as local zoning. With the recent adoption of the Kalispell City Airport Neighborhood Plan, the City Council has made a commitment to making the existing airport safer to the users of the facility and the citizens of Kalispell alike. one of the goals of the plan is to minimize hazards to navigation by seeking compliance with FAA airport design standards. The plan calls for the removal of all objects within the runway protection zone (map attached) and to maintain those zones under public ownership. It is suggested that you or your client contact the city council, through the city manager, to ascertain their intentions regarding this particular piece of property. Unless otherwise instructed, building permits will not be issued for properties lying within the Runway Protection Zone. If you have any further questions, feel free to call. Sincerely, Brian J. Wood Zoning Administrator c: Glen Neier, City Attorney Bruce Williams, City Manager Craig Kerzman, Building Official I r t 2 Aome & Investment Centet, Inc 284 4th Avenue W.N. Kalispell, Montana 59901 Fax (406) 257-0067 Business (800) 321-2401 Business (406) 755-2100 JUL 2 8 1995 Mr. Bruce Williams, City Manager July 27, 1995 City of Kalispell P.O. Box 1997 Kalispell, Mt 59901 • - port Road at 18th Stree"C Dear Mr. Williams: On January 16th I wrote to you and requested that the City's interest in the above property be refined to writing. As of this date you have not signed a buy -sell but have ordered an appraisal. As Mrs. Timmreck's agent, we are anxious to get the City's purchase completed. Back in December 1994, the City Building office said that this property was not suitable for commercial use as it is in a proposed runway protection zone. Your letter of January 25th stated that the City is going to rezone the property from B-2 to P-1® As the exclusive agency for the property I ask that all negotiations go thru Christing Denning or myself so that we can structure the sale and purchase to the benefit of both the Seller and the City® Mrs Timmreck is anxious to get on to the next step and I am awaiting your response. Since bei-y, Larry O® Lee, Broker/owner CC: Lois Timmreck : Dale Haarr : file Christing Denning, Broker Associate 113 IEWOP Each Office Is Independently Owned And Operated