Loading...
1. Resolution 4590 - Glacier Village Greens AnnexationCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: Resolution 4590 Annexing the Glacier Village Greens Area into the City of Kalispell's Boundaries MEETING DATE: October 11, 2000 BACK GROUND: On September 5, 2000, the City Council passed Resolution 4581 declaring its intent to annex the Glacier Village Greens area north of West Evergreen Drive and east of Whitefish Stage. This annexation includes Glacier Village Greens, Phases I, II, III, IIIA, IIIB, IV, V, VIII, IX, X and Tract 5 which is located in NW 1/4 and SW 1/4 ofthe SW 1/4 of Sec. 32, T29N, R21 W. 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. (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 or parcels of land or unplatted land for which certificate of survey has been filed, at least once a week for 2 successive weeks. Page 1 of 3 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. The area to be annexed is predominantly single family homes owned by retired couples. If we use an estimate of 2 persons per household on a 191 home base, the estimated service population would be 382 persons. In addition to population, we examined the call load ratio for the region, the demographic and topographical features related to the infrastructure and public safety needs. Attached is the Glacier Village Greens Area Detailed Municipal Service Plan. The service plan details each City service to be provided, the cost of the service to the City and the revenue that will be derived from the annexation. Also see the attached location map and plat map of the development. In order to avoid an unnecessary legal battle over this annexation the administration and Glacier Village Greens Home Owners Association (GVGHOA) have come to a mutually beneficial arrangement. Attached is a letter from William Astle, legal council to the GVGHOA stating the compromise. In exchange for not filing legal action against the City, the City has agreed to make the annexation effective November 1, 2001 (2002 tax year). We are also obligating ourselves to accept the streets into our transportation system. In good faith, the City and GVGHOA will review the current street light arrangement and if it is advantageous to the homeowners to utilize the City's agreement with Flathead Electric we will take the appropriate action. Under the law, we have also agreed to see what can be done to prevent golfers from having to licence their golf carts. The single largest impact of the compromise is that the City will not actually collect tax revenue or assessments until November of 2002. That being said, we will also not provide any services until November 1, 2001. This compromise, over the long run will help the City move forward with other annexation issues surrounding the City. The timetable associated with the annexation is as follows: ✓ September 5, 2000 Resolution of Intention approved by Resolution 4581 ✓ September 11, 2000 Application submitted to FRDO ✓ September 13, 2000 Publish notice ✓ September 20, 2000 Publish notice ✓ October 3, 2000 Deadline for comments ✓ October 10, 2000 Annexation is presented to the Planning Board - * Tabled October 16, 2000 Resolution 4590 annexation of Glacier Village Greens Area before the City Council November 1, 2001 Annexation and zoning change becomes effective * The Planning Board's decision to table action on Zoning the newly annexed area has no Page 2 of 3 immediate effect on the Resolution to Annex, so long as the zoning is resolved prior to November 1, 2001. RECOMMENDATION: The City Council approve Resolution 4590 annexing the Glacier Village Greens Area, North East of Kalispell Contiguous to Whitefish Stage and West Evergreen Drive effective November 1, 2001. FISCAL EFFECTS: The cost ofproviding services to the annexed area is estimated at $77,244 with revenues through taxation and assessments estimated at $86,192. The expenditure side of the annexation as it pertains to manpower will not be incurred until the City has further growth which necessitates the hiring of addition personnel. ALTERNATIVES: As suggested by the Council. Respectfully submitted, cq'�v� Chris A. Kukulski City Manager Page 3 of 3 Report compiled October 11, 2000 0 City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 Glacier Village Greens Area Detailed Municipal Service Plan October 11, 2000 The purpose for this Extension of Services Plan is to compliment the City's over-all Extension of Services Plan that was adopted by Resolution 4241 in November of 1995 and amended by Resolution 4450 in March of 1999. This plan provides the City Council and the citizens within the annexed area with a detailed five year services plan specific to the area to be annexed. Attached is a map of the proposed land to be annexed into the City. Generally, the area is north east of the Whitefish Stage and West Evergreen Drive intersection. The area to be annexed is predominantly single family homes owned by retired couples. If we use an estimate of 2 persons per household on a 191 home base, the estimated service population would be 382 persons. In addition to population, we examined the call load ratio for the region, the demographic and topographical features related to the infrastructure and public safety needs. 1. Police Coverage - We analyzed the call -load ratio for the area from our records and those of the Flathead County Sheriff's Office to help determine a calls -for -service need. This area is in our zone number 4 (northeast quadrant of the City, 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 subdivision is flanked on the east by Whitefish River and on the west by steep ridges. Roughly 99% of the homes within the annexed area are within the Glacier Village Greens development which 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 operation because there are no through avenues. The subdivision is well lit and the homes are in close proximity to each other. The population numbers suggest that the area will require approximately .7 officers based on the low population estimate of 382 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/382 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. Page 1 of 6 Over the first five years after annexation the Kalispell Police Department will attempt to accomplish a number of goals related to Glacier Village Greens. The department has one, three and five year goals. Year One 1. The Kalispell Police Department will assist the residents of Glacier Village Greens in creating a Neighborhood Watch program. 2. The Kalispell Police Department will develop a zone response plan for Glacier Village Greens. a. Zone response is a method of assigning officers to a specific neighborhood. The advantages include increasing the officer's familiarity with the area, increasing the resident's familiarity with the officer, and improving response efficiency. 3. The Kalispell Police Department will notify each household in writing of their new law enforcement service provider. 4. The Kalispell Police Department will notify the telephone service provider that 911 calls from this area should be re -directed to the Kalispell Police Department Dispatch Center. Year Three 1. The Kalispell Police Department will encourage all residents to have their homes numbered and will attempt to ensure that all street signs are in place. 2. The Kalispell Police Department will encourage participation from residents of Glacier Village Greens on the Police Advisory Council. Year Five 1. The Kalispell Police Department will review the delivery of services plan and calls for service for Glacier Village Greens to determine if any law enforcement improvements can be made for the area. We can extend services to this area without the addition of any employees through increased efficiency and zone response. We feel we can 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. 2. Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection of 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 0.5 fireman. The FD has added two firemen/paramedics to its department within the last 90 days. 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 Page 2 of 6 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. Looking ahead over the next five years the FD is working diligently to improve its ISO rating. We expect to have a review within the next eighteen months that will lower insurance premiums for all city residents. We are working to strengthen our relationship with our rural fire departments neighbors in an effort to develop automatic aid agreements to help save lives and property no matter what political jurisdiction you reside in. This subdivision is on the Northeast edge if our city limits, where a substation is a consideration at this time. 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 and as a result we can service this area with our current manpower. 3. Streets and Street Maintenance - Streets are in generally good condition and appear to meet the City's standard cross section with curb and gutter with two exceptions. The first phase portion of Nicklaus Drive 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. Sidewalks would not be installed unless a majority (more than 50%) of the homeowners petitioned the city for this service. The condition of the streets and storm drainage system appears to be good with no obvious deficient. areas. An overlay is not needed at this time, but the streets need to be placed into the regular maintenance program. We recommend chip -sealing as soon as possible in order to maintain their good condition for as long as possible. The streets within GVG would be chip sealed within twenty-four months of the annexations effectiveness. Within five years we would improve Nicklaus Drive to add curb and gutter to match the rest of the development and improve drainage within the next five years. The curbing would be paid from the through an SID with the storm drainage paid for from the storm drain assessment fund. The City will accept ownership and maintenance of the streets within the GVG development provided the homeowa s association complete the dedication process. It is difficult to determine personnel requirements to serve this area. Routine snow plowing is the greatest obligation. This would add about six man-hours of workload per snow 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. Storm drainage maintenance is estimated to be nominal and not of significant impact. No new streets need to be constructed or extended into the annexed area. Page 3 of 6 4. Sewer Service - Sewer system facilities are reasonably new and were installed to Montana standards. We have a contractual arrangement with North Village County Sewer District to operate and maintain the facilities and will become owner of the facilities when construction bonds have been paid. The sewer connection fees are used will continue to be utilized to retire this debt. There are no apparent infrastructure needs for this system and annexation will involve no changes to City operations. No new sewer mains will need to be constructed or extended into the annexed area. 5. Water Service - Water system facilities are reasonably new and were installed to Montana standards and are the property ofthe Evergreen district. There would be no obligation on the City to operate or maintain this system; water maintenance is done by Evergreen.. This is identical to the situation in Buffalo Stage where the development is in the City but water is provided from Evergreen facilities. No new water mains will need to be constructed or extended into the annexed area. 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. If after five years the residents petition the City for solid waste service we are prepared to provide this service with current manpower and equipment 7. Parrs - There are no publicly owned parks within the 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. Therefor, the City will have no additional service commitment as a result of the annexation. 8. Recreation - Residents within 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. 9. Urban Forestry - Urban Forestry - Public right-of-ways are 60 feet within the development. This offers ample space for boulevard trees. 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. The City's forestry program allows for the planting of 110 plus new boulevard trees annually. In addition, we prune approximately 500 public trees each year. Glacier Village Greens' requests for trees will be placed on the yearly planting list based on a first come first serve priority. The individual homeowner will have input to the selection of desirable Page 4 of 6 tree species and location along the boulevard. The maintenance of these newly planted trees will be addressed annually for the first five years, then every five to seven years following. This is based on the operational forestry plan for the newly established City Forestry District. 10. Building and Zoning - The area to be annexed is entirely within the building codes jurisdiction for the City. We presently issue permits for work in the area and perform inspections. Annexation will have no effect on our level of service, revenue, or expenditures. Zoning jurisdiction will be extended to encompass the area in the same manner that all city ordinances will extend their applicability. Review of building plans and other zoning functions will be performed in the annexed area in the same manner as the rest of the City. Expenditures will not change, but there will be a change in the distribution of permit fees collected with building permits. Approximately $1, 500 per year will be distributed to the City Zoning Department rather than the Flathead Regional Development Office, which currently reviews building plans within the area. The total permit fee will not change. 11. Other Utility Lines - The extension of other utility lines into the area is not necessary to the area to be annexed. 12. City Assessment Districts - The Storm Sewer, Street Maintenance and Forestry Assessments will be capped at 10,000 sq ft for the areas within the annexation area that are not platted. 13. Financing of Services - Based on 1999 tax data provided by the Department of Revenue, the Glacier Village Greens development will generate $64,947 (Dept. of Revenue spreadsheet). In addition to the millage revenue generated, property owners will be subject to three assessments which are based on the square footage of each lot. Of the 261 lots within the annexed area, the majority are 65' x 100' or 6,500 sq. ft. In addition to the lot size, the Department of Revenue assesses each lot within each phase of the development with an equal share ofthe common area for taxing purposes. On average, 3,050 sq ft of common area exist in each phase of GVG and is added to each of the lots. A number of the lots and common areas are smaller, and larger, but for purposes of estimating I utilized the average size of 9,550. Based on this estimate the Street Maintenance assessment will generate an estimated $11,216; the Storm Sewer assessment an estimated $6,847; and the Urban. Forestry assessment will generate an estimated $1,682. Therefore, the total revenue generated from Glacier Village Greens is estimated at $84,692 per year. This breaks down to approximately $324 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. Page 5 of 6 COST ASSOCIATED WITH THE ANNEXATION DEPARTMENT MANPOWER TOTAL COST POLICE OFFICER * 0.7 $31,979 FIRE PERSONNEL * 0.5 $21,214 HYDRANT RENTAL, $ 1,380 PUBLIC WORKS * 0.5 $18,103 $77,244 * No employees will be added to the staff as a direct result of this annexation, however future growth of the city may require additional staff. REVENUE GENERATED BY THE ANNEXATION GENERAL TAX REVENUE $64,947 STREET MAINTENANCE ASSESSMENT $11,216 STORM SEWER ASSESSMENT $ 6,847 URBAN FORESTRY ASSESSMENT $ 1,682 REDISTRIBUTION OF PERMIT FEES $ 1,500 TOTAL REVENUE GENERATED $86,192 14. Shared Tax Burden - The entire municipality tends to share the tax burden for these services and the area may be annexed without a bond issue. Page 6 of 6 RESOLUTION NO. 4590 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, CERTAIN REAL PROPERTY TO BE KNOWN AS GLACIER VILLAGE GREENS ADDITION NO. 299; AND DECLARING A EFFECTIVE DATE. WHEREAS, on September 5, 2000, the City Council passed Resolution No. 4581 declaring an intention to annex certain real property which is more particularly described in Exhibit "A", attached hereto and thereby made a part hereof, and WHEREAS, the Flathead Regional Development Office has made an Annexation and Zoning Staff Report, No. KA-00-7, on the annexation/zoning of the territory dated October 2, 2000, and WHEREAS, on November 6th, 1995, the City Council adopted, pursuant to Section 7-2-4305, MCA, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, the City has caused to be developed an "Extension of Services Plan, Glacier Village Greens Annexation Area," attached hereto as Exhibit "B" and thereby made a part hereof, specifically describing the manner in which municipal services are, or will be, delivered to the area annexed, and WHEREAS, said "Extension of Services Plan" provides for financing the municipal services and maintenance of existing services by utilizing funds allocated and expended pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS SUBDIVISION PHASE II AND HOMEOWNERS ASSOCIATION INC., dated 27th day of October, 1988; Reception # 9126210270, Records of Flathead County, Montana: ANNEXATION: .Declarant has executed a waiver of the right to protest annexation into the City of Kalispell and this subdivision is subject to annexation by said City. res\annexation\glaciervillageannex 1 WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS SUBDIVISION PHASE III AND HOMEOWNERS ASSOCIATION INC., dated 1st day of May, 1992; Reception # 9217711220, Records of Flathead County, Montana: ANNEXATION: Declarant has executed a waiver of the right to protest annexation to the City of Kalispell in accordance with the 1982 North Valley Sewer District connection agreement and this subdivision is subject to annexation by said city, and is further subject to other provisions of said agreement. WHEREAS, by the terms of a certain DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS, GLACIER VILLAGE GREENS SUBDIVISION PHASE IIIA, IV, V, VIII, IX, and X AND HOMEOWNERS ASSOCIATION INC., dated 30th day of September, 1992, loth day of November, 1993; loth day of April, 1996, 21st day of November, 1997, 10th day of April, 1996, 23rd day of March, 1999, and 23rd day of March, 1999, respectively, Reception #'s 9229614460, 9333412410, 9614213470, 9614213480, 199913714210, 200007412260, respectively, Records of Flathead County, Montana: ANNEXATION: Declarant has executed a waiver of the right to protest annexation to the City of Kalispell in accordance with the 1982 North Valley Sewer District connection agreement and this subdivision is subject to annexation by said city, and is further subject to other provisions of said Agreement, including provisions 10, 11, 17 and 18. WHEREAS, by the terms of a certain Agreement dated the day of 1982, the North Village Sewer District, a Rural Improvement District, (Village County Sewer District) did: "waive 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 with the res\annexation\glaciervillageannex 2 WHEREAS, portion to be annexed reaches 80% of the approved plan development of the area to be annexed." further, by the t day of District, a Rural Sewer District): !rms of a certain Agreement dated the 1982, the North Village Sewer Improvement District, (Village County 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 Sewerage Treatment System unless and until said owner has furnished to the City a waiver of the right to protest annexation to the City . . . WHEREAS, the portions of Glacier Village Greens herein annexed have been developed in that the various Phases have received Final Plat approval, all improvements are in place, and sewer service is available to all lots, and WHEREAS, the subdividers of Glacier Village Greens Phases I, II, IIIA, IV, and IX, as a condition of, and at the time of filing, Final Plat, executed and recorded a Consent to Annex Agreement recorded at reception #'s 8831909170, 9126210260, 9229614450, 9333412410, 199913714210, respectively, and WHEREAS, the subdividers of Glacier Village Greens Phase X, as a condition of, and at the time of filing, Final Plat, executed a Consent to Annex Agreement, and WHEREAS, the subdividers of Glacier Village Greens Phase IX as a condition of, and at the time of filing, Final Plat, executed and recorded a Petition For Annexation to.City recorded at reception # 199913714210, and WHEREAS, the subdividers of Glacier Village Greens Phase X, as a condition of, and at the time of filing, Final Plat, executed a Petition for Annexation to City, and WHEREAS, there are less than 300 recorded parcels of land within the area to be annexed, and res\annexation\glaciervillageannex 3 WHEREAS, there are 395 real property owners within the area to be annexed, and WHEREAS, the City Clerk received, within the twenty -day comment period, and forwarded to the City Council for Council consideration, "Protest/Disapproval" forms from 254 real property owners within the area to be annexed, and WHEREAS, the Council, after review of all of the "Protest/ Disapproval" forms and other written comments received, determined that the "Protest/Disapproval" forms received from all but three ( 3 ) of the property owners are invalid as subject to Declarations of Covenants, Conditions and Restrictions, Glacier Village Greens Phases II, IIIA, IV, V, VIII, IX, and X; the terms of the Agreement between the North Village County Sewer District and the City of Kalispell; the Consent to Annex Agreements, executed, and executed and recorded, by the subdividers; final plat conditions; and/or the Petition for Annexation to City, executed, and executed and recorded, by the subdividers, and WHEREAS, based upon the foregoing paragraph, the property owners within Glacier Village Greens have waived their rights to protest annexation or consented to annexation and the provisions of Section 7-2-4314(d), MCA have not been met, in that a majority of the landowners in the area to be annexed have not filed valid written protests, and WHEREAS, said real property described in Exhibit "A" is included within and conforms with the Kalispell City -County Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That all of the real property as is more particularly described in Exhibit "A", attached hereto, shall be annexed to the City of Kalispell and the boundaries of the City are altered to so provide. SECTION II. 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 res\annexation\glaciervillageannex 4 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 said territory and its citizens and property shall be 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 pursuant to, and in accordance with, the Kalispell Zoning Ordinance. SECTION IV. This Resolution shall become effective on November 1, 2001. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 16TH DAY OF OCTOBER, 2000. Wm. E. Boharski Mayor Attest: Theresa White City Clerk res\annexation\glaciervillageannex 5 Exhibit A Page 1 of 4 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO. MONTANA AMENDED PLAT LOT II, GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT LOTS 1, 82 and 83 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE II A SUBDIVISION IN THE SE 1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOTS 70 & 71 GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1 /2 SEC. 32, T.29N., R 21 W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA Exhibit A Page 2 of 4 GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOT 127 OF THE PLAT OF GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE El/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IV A SUBDIVISION IN THE W1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE V A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF Homeowner's Park A of Glacier Village Greens, Phase III Lots 160, 216 and the Homeowner's Park of Glacier Village Greens, Phase IV IN THE W1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE VIII A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA Exhibit A Page 3 of 4 AMENDED PLAT OF LOTS 1 &2 GLACIER VILLAGE GREENS, Phase VIII A SUBDIVISION IN THE NW1/4SEl/4 SEC. 32., T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE X A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA 1 A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5, N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W 1146.61 feet to a found iron pin; Thence leaving said R/W N89 ° 5945"E 213.61 feet to a found iron pin; Thence NO 1 ° 24'27"W 207.48 feet to a found iron pin; Thence S89 ° 55'59"W 10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence N20008'33"E 100.12 feet to a found ironpin; Thence N18°30'04"E 223.97 feet to a set iron Exhibit A Page 4 of 4 pin; Thence N79 ° 37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 13'41 "W 261.53 feet to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence S01 047'43"W 235.46 feet to a found iron pin; Thence S03 °46'45"E 138.54 feet to a found iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 °28'25"E 169.53 feet to a found iron pin; Thence S40010'29"E 138.50 feet to a found iron pin; Thence S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found iron pin; thence S25 °07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19 feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence S00°05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing 21.606 ACRES; Subject to and together with all appurtenant easements of record. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Section 5, S89 ° 5738"E 30.00 feet to a found iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said easterly R/W N00 ° 03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 45 °03'00"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 44 ° 53' 10"; Thence along an arc length of 141.01 feet to a set iron pin; Thence S00 ° 06'50"E 222.78 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section 5; Thence along said R/W and along said north boundary N89 °57'38"W 588.20 feet to the point ofbeginning and containing 6.826 ACRES; Subject to and together with all appurtenant easements of record. EXHIBIT "B" City of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 Glacier Village Greens Area Detailed Municipal Service Plan October 11, 2000 The purpose for this Extension of Services Plan is to compliment the City's over-all Extension of Services Plan that was adopted by Resolution 4241 in November of 1995 and amended by Resolution 4450 in March of 1999. This plan provides the City Council and the citizens within the annexed area with a detailed five year services plan specific to the area to be annexed. Attached is a map of the proposed land to be annexed into the City. Generally, the area is north east of the Whitefish Stage and West Evergreen Drive intersection. The area to be annexed is predominantly single family homes owned by retired couples. If we use an estimate of 2 persons per household on a 191 home base, the estimated service population would be 382 persons. In addition to population, we examined the call load ratio for the region, the demographic and topographical features related to the infrastructure and public safety needs. 1. Police Coverage - We analyzed the call -load ratio for the area from our records and those of the Flathead County Sheriff's Office to help determine a calls -for -service need. This area is in our zone number 4 (northeast quadrant of the City, 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 subdivision is flanked on the east by Whitefish River and on the west by steep ridges. Roughly 99% of the homes within the annexed area are within the Glacier Village Greens development which has only two access roads on the south side ofthe property with fencing between the ridges and the river. The area receives very little transient traffic that is not connected to the golf operation because there are no through avenues. The subdivision is well lit and the homes are in close proximity to each other. The population numbers suggest that the area will require approximately .7 officers based on the low population estimate of 382 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/382 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. Page 1 of 6 Over the first five years after annexation the Kalispell Police Department will attempt to accomplish a number of goals related to Glacier Village Greens. The department has one, three and five year goals. Year One 1. The Kalispell Police Department will assist the residents of Glacier Village Greens in creating a Neighborhood Watch program. 2. The Kalispell Police Department will develop a zone response plan for Glacier Village Greens. a. Zone response is a method of assigning officers to a specific neighborhood The advantages include increasing the officer's familiarity with the area, increasing the resident's familiarity with the officer, and improving response efficiency. 3. The Kalispell Police Department will notify each household in writing of their new law enforcement service provider. 4. The Kalispell Police Department will notify the telephone service provider that 911 calls from this area should be re -directed to the Kalispell Police Department Dispatch Center. Year Three 1. The Kalispell Police Department will encourage all residents to have their homes numbered and will attempt to ensure that all street signs are in place. 2. The Kalispell Police Department will encourage participation from residents ofGlacier Village Greens on the Police Advisory Council. Year Five 1. The Kalispell Police Department will review the delivery of services plan and calls for service for Glacier Village Greens to determine if any law enforcement improvements can be made for the area. We can extend services to this area without the addition of any employees through increased efficiency and zone response. We feel we can 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. 2. Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection of 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 0.5 fireman. The FD has added two firemen/paramedics to its department within the last 90 days. 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 Page 2 of 6 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. Looking ahead over the next five years the FD is working diligently to improve its ISO rating. We expect to have a review within the next eighteen months that will lower insurance premiums for all city residents. We are working to strengthen our relationship with our rural fire departments neighbors in an effort to develop automatic aid agreements to help save lives and property no matter what political jurisdiction you reside in. This subdivision is on the Northeast edge if our city limits, where a substation is a consideration at this time. 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 and as a result we can service this area with our current manpower. 3. Streets and Street Maintenance - Streets are in generally good condition and appear to meet the City's standard cross section with curb and gutter with two exceptions. The first phase portion ofNicklaus Drive 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. Sidewalks would not be installed unless a majority (more than 501o) of the homeowners petitioned the city for this service. The condition of the streets and storm drainage system appears to be good with no obvious deficient areas. An overlay is not needed at this time, but the streets need to be placed into the regular maintenance program. We recommend chip -sealing as soon as possible in order to maintain their good condition for as long as possible. The streets within GVG would be chip sealed within twenty-four months of the annexations effectiveness. Within five years we would improve Nicklaus Drive to add curb and gutter to match the rest of the development and improve drainage within the next five years. The curbing would be paid from the through an SID with the storm drainage paid for from the storm drain assessment fund. The City will accept ownership and maintenance of the streets within the GVG development provided the homeownus association complete the dedication process. It is difficult to determine personnel requirements to serve this area. Routine snow plowing is the greatest obligation. This would add about six man-hours of workload per snow 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. Storm drainage maintenance is estimated to be nominal and not of significant impact. No new streets need to be constructed or extended into the annexed area. Page 3 of 6 4. Sewer Service - Sewer system facilities are reasonably new and were installed to Montana standards. We have a contractual arrangement with North Village County Sewer District to operate and maintain the facilities and will become owner of the facilities when construction bonds have been paid. The sewer connection fees are used will continue to be utilized to retire this debt. There are no apparent infrastructure needs for this system and annexation will involve no changes to City operations. No new sewer mains will need to be constructed or extended into the annexed area. 5. 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; water maintenance is done by Evergreen.. This is identical to the situation in Buffalo Stage where the development is in the City but water is provided from Evergreen facilities. No new water mains will need to be constructed or extended into the annexed area. 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 7-24736, M-CA If after five years the residents petition the City for solid waste service we are prepared to provide this service with current manpower and equipment 7. Parks - There are no publicly owned parks within the 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. Therefor, the City will have no additional service commitment as a result of the annexation. 8. Recreation - Residents within 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. 9. Urban Forestry - Urban Forestry - Public right-of-ways are 60 feet within the development. This offers ample space for boulevard trees. 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. The City's forestry program allows for the planting of 110 plus new boulevard trees annually. In addition, we prune approximately 500 public trees each year. (lacier Village Greens' requests for trees will be placed on the yearly planting list based on a first come first serve priority. The individual homeowner will have input to the selection of desirable Page 4 of 6 tree species and location along the boulevard. The maintenance of these newly planted trees will be addressed annually for the first five years, then every five to seven years following. This is based on the operational forestry plan for the newly established City Forestry District. 10. Building and Zoning - The area to be annexed is entirely within the building codes jurisdiction for the City. We presently issue permits for work in the area and perform inspections. Annexation will have no effect on our level of service, revenue, or expenditures. Zoning jurisdiction will be extended to encompass the area in the same manner that all city ordinances will extend their applicability. Review of budding plans and other zoning functions will be performed in the annexed area in the same manner as the rest of the City. Expenditures will not change, but there will be a change in the distribution of permit fees collected with building permits. Approximately $1, 500 per year will be distributed to the City Zoning Department rather than the Flathead Regional Development Office, which currently reviews building plans within the area. The total permit fee will not change. 11. Other Utility Lines - The extension of other utility lines into the area is not necessary to the area to be annexed. 12. City Assessment Districts - The Storm Sewer, Street Maintenance and Forestry Assessments will be capped at 10,000 sq ft for the areas within the annexation area that are not platted. 13. Financing of Services - Based on 1999 tax data provided by the Department of Revenue, the Glacier Village Greens development will generate $64,947 (Dept. of Revenue spreadsheet). In addition to the millage revenue generated, property owners will be subject to three assessments which are based on the square footage of each lot. Of the 261 lots within the annexed area, the majority are 65' x 100' or 6,500 sq. ft. In addition to the lot size, the Department of Revenue assesses each lot within each phase of the development with an equal share of the common area for taxing purposes. On average, 3,050 sq ft of common area exist in each phase of GVG and is added to each of the lots. A number of the lots and common areas are smaller, and larger, but for purposes of estunating I utilized the average size of 9,550. Based on this estimate the Street Maintenance assessment will generate an estimated $11,216; the Storm Sewer assessment an estimated $6,847; and the Urban Forestry assessment will generate an estimated $1,682. Therefore, the total revenue generated from Glacier Village Greens is estimated at $84,692 per year. This breaks down to approximately $324 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. Page 5 of 6 COST ASSOCIATED WITH THE ANNEXATION DEPARTMENT MANPOWER TOTAL COST POLICE OFFICER * 0.7 $31,979 FIRE PERSONNEL * 0.5 $21,214 HYDRANT RENTAL $ 1,380 PUBLIC WORKS * 0.5 $18,103 $77,244 * No employees will be added to the staff as a direct result of this annexation, however future growth of the city may require additional staff. REVENUE GENERATED BY THE ANNEXATION GENERAL TAX REVENUE $64,947 STREET MAINTENANCE ASSESSMENT $11,216 STORM SEWER ASSESSMENT $ 6,847 URBAN FORESTRY ASSESSMENT $ 1,682 REDISTRIBUTION OF PERMIT FEES $ 1,500 TOTAL REVENUE GENERATED $86,192 14. Shared Tag Barden - The entire municipality tends to share the tax burden for these services and the area may be annexed without a bond issue. Page 6 of 6 ASTLE and ASTLE ATTORNEYS AND COUNSELORS AT LAW 705 MAIN STREET KAUSPELL, MONTANA 59901 DAVID L. ASTLE WILLIAM E. ASTLE October 11, 2000 HAND DELIVERED Glen M. Neier, City Attorney Office of the City Attorney Kalispell City Hall P.O. Box 1997 312 - 1st Avenue East Kalispell, MT 59903-1997 Re: Glacier Village Greens Annexation Dear Glen: TEL. (406) 752-7393 FAX (408) 267-3288 The Board of Directors of Glacier Village Greens Home Owners Association (GVGHOA) voted to agree to covenant with the City of Kalispell not to challenge the intended Annexation (Resolution No. 4581) on the following conditions: 1. That any city taxes, resulting from the Annexation, not be assessed/levied on any of the annexed property prior to the tax year 2002; and, 2. That the Annexation Resolution/Extension of Services Plan require that the City of Kalispell own and maintain all streets within the area annexed. If the above two conditions are satisfied by the Annexation Resolution in consideration thereof, the undersigned and GVGHOA covenants not to contest/challenge said Annexation/Resolution by any judicial action whatsoever. Very truly yours, WEA/Ico GLACIER VILLAGE GREENS ANNEXATION AND ZONING STAFF REPORT #KA-00-7 FLATHEAD REGIONAL DEVELOPMENT OFFICE OCTOBER 2, 2000 The City of Kalispell has initiated annexation proceedings for Glacier Village Greens and adjoining property to the west. A public hearing has been scheduled before the Kalispell City -County Planning Board and Zoning Commission for October 10, 2000, beginning at 7:00 PM, to consider appropriate zoning for the area proposed to be annexed. The Planning Board and Zoning Commission will forward a recommendation for appropriate zoning to the Kalispell City Council for consideration. BACKGROUND INFORMATION The City of Kalispell has initiated the annexation of approximately 110 acres of primarily residential property located northeast of Kalispell under Section 7-2-4300, M.C.A., Annexation of Contiguous Lands. On September 5, 2000, the Kalispell City Council passed Resolution 4581, a resolution of intent to annex. A public hearing date of October 10, 2000 has been set so that the board might consider appropriate zoning for the area. Annexation proceedings for this area were initiated in response to the desire of the Kalispell City County to bring in properties connected to City water and/or sewer services but not annexed. The properties proposed for annexation are receiving water from the Evergreen Water District and sewer service through the Village County Sewer District. The Village County Sewer District has an agreement with the City of Kalispell which has a provision for annexation of the properties into the city of Kalispell. The Kalispell City Council has identified this area as one of the areas that should be brought into the city because they are receiving City services. A. Petitioner: City of Kalispell 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903 (406)758-7700 B. Location and Legal Description of Property: The property proposed for annexation is located in the southeast part of Kalispell and contains approximately 110 acres. A property description is attached as Exhibit C. C. Existing zoning: The properties proposed for annexation are in the County zoning jurisdiction and are in the Evergreen and Vicinity Zoning District. All of the properties proposed for annexation are currently zoned R-5, Two Family Residential. This district is defined as A residential district with minimum lot areas. Development within the district will require all public utilities and all community facilities. Duplexes are allowed in this district. Permitted uses in this district are generally limited to residential uses. The conditionally permitted uses allow some non-residential uses but those are limited to churches, daycare centers, mini and RV storage, RV Parks and campgrounds and golf courses. The minimum lot size requirement of the County R-5 zoning district is 5,400 square feet. D. Proposed Zoning: A City zoning designation will need to be assigned to the properties intended to be annexed to replace the current County zoning. All of the properties in the area to be annexed currently have a residential zoning designation of R-5, Two Family Residential, that allows single family homes and duplexes and golf courses as a conditionally permitted use. The Kalispell City County Master Plan map designates this area as Urban Residential which anticipates a density of two to eight dwellings per acre. Staff is recommending substantially the same zoning for the Glacier Village Greens development that would be found under a City R-4, Residential, zoning designation. This district lists duplex and single family dwellings as permitted uses and lists golf courses as a conditionally permitted use. Under the City R-5 zoning designation, the district is a described as a Residential / Professional Office district. This district allows a number of non-residential uses including clinics, professional and government offices, title companies, etc., but does not list golf courses as either a permitted or conditionally permitted use. For these reasons the City R-4, Residential, district more closely reflects the existing and intended uses for Glacier Village Greens than does the City R-5, Residential / Professional Office. The adjoining property to the east contains approximately 15 acres and is currently undeveloped with the exception of a residence. This property currently has a County R-5, Two Family Residential, zoning designation. The southwest portion of this property was recently annexed into the city along with the preliminary plat for Village Plaza subdivision. The Kalispell City -County Master Plan map designates the area of Village Plaza as Neighborhood Commercial which is defined as an area intended to serve residents within a half to three- quarter mile area and should not exceed five acres in size. Village Plaza was given a B-1, Neighborhood Buffer District, upon annexation. The subdivision contains approximately six acres including the road and development is underway and near completion. The Kalispell City -County Master Plan map designates the area along Whitefish Stage Road between Village Plaza and the residential subdivision to the north as High Density Residential. The remaining area of the property to the east is designated as Urban Residential. The staff is recommending that the zoning for this approximately 15 acres be given a zoning designation of RA-3, a Residential Apartment Office district. This district lists duplex and single family dwellings as permitted uses as well as clinics and professional and government offices. Conditionally permitted uses include multifamily dwellings, drive in banks and other limited residential and non-residential uses. The minimum lot size requirement of this district is 7,000 square feet plus 1,500 square feet for each additional dwelling beyond a duplex. The recommended RA-3, Residential 2 Apartment / Office, zoning would allow a mixed use area that appears to provide a reasonable transition between the neighborhood commercial to the south, the church uses to the west and the residential uses to the east. E. Size: The area proposed for annexation and zoning contains approximately 110 acres. F. Existing Land Use: The land use in the area is primarily single family residential along with some duplex townhomes. The golf course and clubhouse are part of the Glacier Village Greens development, but are not part of the area proposed for annexation. G. Adjacent Land Uses and Zoning: North: North of the area proposed for annexation is the Glacier Village Greens golf course and single family residential. The golf course is part of the County R- 5 zoning designation for the development. Zoning to the north is County R-5, Two Family Residential, and County RA-1, Low Density Apartment along Whitefish Stage Road. South: To the south the area is also single family residential with the Hillcrest Estates subdivision. This area is zoned County R-2, One Family Limited Residential, and R-1, Suburban Residential. There is also a church on the southeast corner of West Evergreen Drive and Whitefish Stage Road. East: Land uses to the east are primarily single family residential and larger parcels with primarily R-1, Suburban Residential zoning. West: To the west is the Buffalo Stage development which is in the city and has a' zoning designation of City RA-1, Low Density Residential Apartment. However, this development consists mostly of single family dwellings and a few duplex townhomes. Also in the city to the west and zoned City RA-1 is a church. There is also the Buffalo Stage Professional Park which is zoned City R-5, Residential Office and is a medical office complex that has not yet been completed. Edgerton School is in the County and is zoned RA-1. H. General Land Use Character: The general land use character of this area can be described as primarily residential, but with some non-residential uses that would generally be considered support services such as the church and school. The office uses have developed in the area over the past several years. Public services can be provided to this site. A separately prepared "Extension of Services Plan" discusses the provision of public services to this property and is attached to this report as Exhibit A. I. 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: Century Tel Schools: School District #5 Fire: Kalispell Fire Department Police: Kalispell Police Department The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. The property proposed for annexation is included in the Kalispell City -County Master Plan. The master plan map designates the Glacier Village Greens area as Urban Residential. The adjoining property to the west is designated on the plan map as Urban Residential to the east and High Density Residential along Whitefish Stage Road. Staff is recommending that the Glacier Village Greens area be given a City zoning designation of R-4, Two Family Residential, and the approximately 15 acres to the east as RA-3, Residential Apartment / Office. The recommended zoning designations are in substantial compliance with the master plan for the area. Some change may be anticipated with the change in zoning to increase congestion in the street specifically with regard to future office and multifamily development. However, the uses would be generally consistent with that which have been anticipated in the area. It maybe noteworthy that Whitefish Stage Road is anticipated for an overlay between Idaho and West Reserve Drive. No features on the property exist which would compromise the safety of the public. Any new construction would be required to be in compliance with the building safety codes of the City which relate to fire and building safety. Adequate access is available to accommodate emergency vehicles and life safety equipment. El S 5. Cel 7. 0 10 •- -• - • •• . •••• - • • .•• •WMIMM The proposed zoning classifications will promote the health and general welfare by helping to promote the goals of the master plan for the area and encouraging compatible uses in the area. • - ••- • •..- • ..--7 Warnempror. . Setback, height, and coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. The proposed zoning designations attempts to direct development of residential, office and commercial uses in appropriate areas. Thus, the proposed zoning attempts to prevent the overcrowding of land. Minimum lot standards and use standards, as well as subdivision development standards, will avoid the undue concentration of people at the time future properties are developed. All public services and facilities are currently available or can be provided to the property. The extension of specific services to the area are further addressed under the Extension of Services Plan, Exhibit A. The proposed zoning designations are generally consistent with the land use designations of the master plan and with the existing uses that have developed in the area. The zoning gives adequate consideration to the suitability of the land proposed for zoning. e• • -• ••- �a - ••.�f- •• • •• • • •< • •loommatol The general character of the area is primarily single family residential with a mix of noncommercial supporting uses such as the churches, school and neighborhood commercial under development. The proposed zoning has attempted to create a separation of incompatible uses by retaining a residential 5 designation for the Glacier Village Greens area and allowing more intensive uses on property to the west which is separated by a bluff. The more intensive uses would be located on the corner of Whitefish Stage Road and West Evergreen Drive and appear to be appropriate for the area which has churches, a school and some offices in the area. Value of the buildings in the area will be conserved because the proposed zoning attempts to accommodate existing uses and providing the zoning that would accommodate the intended uses for the area in the future. The proposed zoning is in substantial compliance with the Kalispell City County Master Plan and is intended to reflect the goals for the municipality as well as the immediate community. The recommended zoning for the Glacier Village Greens area attempts to zone the area in compliance with the existing and intended uses for the area. A somewhat detailed extension of services plan accompanies this report in attached Exhibit A which outlines which specific services will be provided by the City and how the financing of those services is proposed. It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt Staff Report #KA-00-7 as findings of fact and forward a recommendation to Kalispell City Council to adopt the zoning as shown in the attached Exhibit B upon annexation into the City of Kalispell. H: \REPORTS\... \KA00-7 31 City of Kalispell Post Office Box 1997 - Kalispell. Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 September 7, 2000 Narda Wilson Flathead Regional Development Office 723 5th Avenue E. #414 Kalispell, MT 59901 Dear Ms. Wilson: The Kalispell City Council, at its regular meeting September 5, passed a Resolution of Intention to annex the Glacier Village Greens area. Attached is a copy of Resolution 4581 including the legal description of the property in question. I have also enclosed a copy of the memo I wrote to the Council concerning background material . Please place this matter before the Planning Board at its meeting October loth. If you need additional information please do not hesitate to phone and thank you for all of your help. Sincerely, Chris A. Kukulski Kalispell City Manager Attachments: Resolution 4581 Exhibit A - Legal Description Council Memo dated August 31, 2000 WE. SEP 064" Z0� RESOLUTION NO. 4581 A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 43, M.C.A. (ANNEXATION OF CONTIGUOUS LAND), COMPRISING PLATTED TRACTS OF LAND AND UNPLATTED LAND THAT HAS BEEN SURVEYED FOR WHICH A CERTIFICATE OF SURVEY HAS BEEN FILED, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A-, TO BE DESIGNATED AS GLACIER VILLAGE GREENS ADDITION NO. 295, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF THIS RESOLUTION AS PROVIDED BY LAW. WHEREAS, in the judgment of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, that the contiguous platted tracts and unplatted land that has been surveyed and for which a certificate of survey has been filed, as required by law, encompassed in Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof, be annexed to the City of Kalispell, so that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City, to zone said property in accordance with the Kalispell Zoning Ordinance, Ordinance No. 1175, as amended; and WHEREAS, on the Gth day of November, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47 Montana Code Annotated, an Extension of Services Plan which anticipated development of City services approximately five years in the future, said Plan being amended on the 1st day of March, 1999, and WHEREAS, the City Council shall, prior to annexing said property, cause to be developed a "mini -extension" of services plan for the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission shall on the loth day of October, 2000, hold a Public Hearing, pursuant to 27.03.010, Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City, and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated (Annexation of Contiguous Land). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory described in Exhibit "A", be embraced within the corporate limits of the City and the boundaries of the City be so extended so as to include the same. SECTION II. That it is further the intention of the City of Kalispell that said property described in Exhibit "A" be zoned in accordance with the Kalispell zoning Ordinance, Ordinance No. 1175, as amended. SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks next preceding the regularly scheduled Council meeting at which said Annexation will be considered; and give said notice in writing, addressed to all registered voters in the territory proposed to be embraced. SECTION IV. For a period of twenty days after the first publication of said notice by the City Clerk, said City Clerk will receive expressions in writing of the approval or disapproval of the proposed extension of the boundaries of said City of Kalispell from the registered voters residing in the area proposed to be annexed. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell, next succeeding the expiration of said twenty days, the City Clerk shall forward all written communication received by said Clerk for Council's consideration. SECTION VI. The City Council, after considering all written communication, may adopt a resolution approving the annexation and the boundaries of the City shall thereby be extended to include the property described in Exhibit "A". PASSED AND APPROVED BY THE CITY CITY OF KALISPELL, THIS 5TH DAY Attest• heresa White City Clerk COUNCIL AND SIGNED BY THE MAYOR OF THE OF SEPTEMBER, 2000. A Wm.E .Bo r5 i . Wm. E. Boharski Mayor Exhibit A Page 1 of 4 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW 1/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO. MONTANA AMENDED PLAT LOT II, GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SEl/4 & SWIA SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT LOTS 1, 82 and 83 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SWIA SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE II A SUBDIVISION IN THE SETA SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOTS 70 & 71 GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA Exhibit A Page 2 of 4 GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOT 127 OF THE PLAT OF GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IV A SUBDIVISION IN THE W 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE V A SUBDIVISION IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF Homeowner's Park A of Glacier Village Greens, Phase III Lots 160, 216 and the Homeowner's Park of Glacier Village Greens, Phase IV IN THE Wl/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE VIII A SUBDIVISION IN THE NW 1 /4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M., FLATHEAD COUNTY, MONTANA Exhibit A Page 3 of 4 AMENDED PLAT OF LOTS 1 &2 GLACIER VILLAGE GREENS, Phase VIII A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE X A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County,Montana; Thence along the north boundary of said Section 5, N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W ofa 60 foot county road known as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W 1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45"E 213.61 feet to a found iron pin; Thence N01 °24'27"W 207.48 feet to a found iron pin; Thence S89 °55'59"W 10.00 feet to a found iron pin; Thence NO2 ° 24'3 6"E 411.97 feet to a found iron pin; Thence N20 ° 08'33 "E 100.12 feet to a found iron pin; Thence NI 8° 30'04"E 223.97 feet to a set iron Exhibit A Page 4 of 4 pin; Thence N79 °37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 13'41 "W 261.53 feet to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence SO 047'43"W 235.46 feet to a found iron pin; Thence S03 046'45"E 138.54 feet to a found iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 028'25 "E 169.53 feet to a found iron pin; Thence S40 ° 10'29"E 138.50 feet to a found iron pin; Thence S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found iron pin; thence S25 °07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19 feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence S00005'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing 21.606 ACRES; Subject to and together with all appurtenant easements of record. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Section 5, S89 °57'38"E 30.00 feet to a found iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 45 °03'00"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10"; Thence along an arc length of 141.01 feet to a set iron pin; Thence S00 °06'50"E 222.78 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section 5; Thence along said R/W and along said north boundary N89 ° 57'3 8 "W 588.20 feet to the point of beginning and containing 6.826 ACRES; Subject to and together with all appurtenant easements of record. The Daily Inter Lake, Sunday, Septembsf�2�?00l No. 3961 NOTICE OF PUBLIC HEARING— KALISPELL CITY - COUNTY. PLANNING BOARD AND „ZONING COMMISSION -; Glacier Village Greens Annexation and Initial Zon-; in Dieber`f Zone Change' from R-3 to R-5 North Meridian Road Day Care Center iri FW- 3 — Auport Road Carver; Annexation and Initial Zoning of 1-1 Kelly Road DIVita rMAezation and tnitlat Zoning of B-1 — Wooctand Park Drive Buffalo Stage Phase V Annexation and Initial Zon- ing ofRA;t The ieguld eating of the KallsDell City -County 10, 2000 beginning at 7:00 PM in tho.Kalispell City Council Chambers, Kalis- pell City Hall, 312 First Avenue East, Kalispell.,. During ;;the ,.regularly. scheduleif meeting of the: planning board,- the. boerrd will hold public hearings and take public comments on the following, agenda' items. The board will maife'ill tmih'&tidn` to the KatispeN, ,. Courr cil who r at tali naf ab- turn: � -S , a _ _ 1. A proposal by the City of Kaftpefl for the an- nexation of Glacier Village Greens and adjoining property to the west The Kalispell City Council has passed a resolution of in- tent to annex platted sub- divisions within the Glacier Village Greens develop- ment and property to the west As part of the an- nexation process, a public hearing is held before the planning board regarding fhe appropriate City zoning assignment for the proper- ties proposed for annexa- tion and they will make a recommendation to the Kalispell City Council. The properties proposed for annexation can be gener- ally described as Asses- sor's Tract 5 and Phases I through X, including the amended subdivision plats and common areas within the platted subdivisions, but excluding Phase VII, the clubhouse and golf course. These properties are located. in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead Cou, Montana. nty 2. A request by Dana and Krista Diebert for a zone change from R-3, a Residential zoning, to R-5, a Residential / Professio- nal Office zoning district. The grope proposed for rezoning is tact on the west side of North Meridi- an Road approximately -600 feet south of Three Mile Drive:"The applicants would like to convert the existing residence into of- fice space.. -The property is located at 1070 NO3 Meridian Road and con- tains approximately .33 of an acre (15,000 square feet)), Itcan be described as Lot 4, Block 1, Adams Addition located in Section 12, Township 28 North, Range 21 West, P.M.M., Flathead. County, Monta• no.. & krequest by Wayne and Sui4nneF Elliott for e conditional -use permit tc allow the operation of day care -center in an RA 3, High Density Residen tiat Apartment, zoning dis trio The, day care cente would accommodate maximum of 36 children The property proposed fo the day care center is to sated on the west side o Airport Road approximate 1y 100 feet south of 18ti Street West and the ad dress Is 1818 Airpor Road, Kalispell. It can bi described as Lot I, Purd, Addition located in Sectia 19, Township 28 North Range 21 West, P.M.M, Flathead County, Montana 4. A request by Denni. Carver for annexation int he City of Kalispell and an nitial zoning designation if 1-1, Light Industrial, on ipproximateiy one acre. fhe property lies on the iorth side of Kelly Road, approximately 800 feet %ast of Highway 93 South. fhe property is currently in he County zoning jurisdtc- ion and is zoned 1-1, tight ndustrial. The purpose of he annexation is so that :he property owner can ,onnect to City water and sewer services for a pro- posed shop and office building intended for the rope Theproperty property. described as A- sessoes Tract 70F located in Section 2Gi Township 28 North, Range 21 West, P.M.M., Flathead Z:ourity, Montana. 5. A request by Frank DiVita for annexation into the City of Kalispell and an initial zoning designation of B-1, NeighborhoodBuf- fer District, on an approxi- mately 9,000 square feet parcel. The property lies on the northeast comer of Woodland Park Drive and Shady Glen Drive. The property is currently in the County, zoning jurisdiction and Is,zoned.B-_1_414eigh- borhood 1 Pf6fesiflonal Business. The purpose of the annexation is so that the property owner can connect to Cdy water and sewer services for an artist studio intended for the and the south 25 feet of Lot 81 Block 1, PhillipsAd am, kxxted in S=Rw; Township 28 Nort21 West, P.M.M., County, Montana. 6. A request by Buffalo Chip Partners for annexa- tion of .' Buffalo 'Stage Phase.CV_ into,the' City of Kalispell and an-inigatzon- ing designation of RA-1, Low Density Residential Apartment. This is the fi- nal phase of Buffalo Stage Subdivision and it contains 36 tots on approximately 11.61 acres and is located on the west side of White- fish Stage Road south of Granrud Lane. This prop- erty is in the Evergreen and Vicinity Zoning District and is zoned RA-1, a Low Density Residential Apart- ment zoning district. This subdivision is served by Kalispell sewer and Ever- green water. The property can be described as Buffa- lo Stage Phase V located in Sections 31 and 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Documents pertaining to these agenda items are on file for public inspection in the Flathead Regional De- velopment Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public re- view during regular office hours. Interested persons are encouraged to attend the hearings and make their views and concems known to the Board. Comments in wrifing may be submit- ted to the Flathead Re- gional Development Office at the above address prior to the date of the hearing or you may contact Narda Wilson, Senior Planner, for additIor* information• Thomas R. Jena Planning Director September 24, 2000 City of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-775 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 I, II, 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, R21 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 club house 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 Gamer, Ted Waggener and Jim Hansz to attend the Glacier 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 ofsurvey 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 1 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 Whitefish annexation case. What is the impact to the City in providing services to Glacier Village Greens? Currently, Glacier Village Greens has 276 residential lots. Of the 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 I 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 ofthe 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 $18,103 $77,244 Administration (3%) 2,317 $79,561 Revenue Generated $78,279 Page 5 of 6 A 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, IIIA, 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 11 - 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. , IS Report compiled August 31, 2000 Page 6 of 6 T i ; •�\. 36 3< m ` 21 22 ? 23 '' M PARK � '. 1• >0 31 Zd 32 33 � 2 \ 27 4 Si 3► 3 I \ 30!X 4 2a ::. _5 24 41137 23 1 47 3S t iii:"jA# i 22 •:ii3:i�k ; 7 21 441 t t. 20 sum \17: j 1 it tat 1441 uu ,3.,. 97 H91r09!93!p4� t :; Zvi � W ,AN[ IAa�S II lAOr PARK lAM 11�AA J i , T �31 �32 \ /34 S1 1+ `m 14 K _ as 31a R ,t Sf lei t 2t'- 10 _ �� F F' 1� ,0 a G'1 Subject Prope �2 ° 3 " 2 2., >I W 4 m 39D U:t7 'IYM3 �:'YbAc:•'.H �•.'�- 3'( t t0.,112113',14aS' GLuR-5 PH 3 2A+ �:• :. .....tH.►..: .................. :. ... ...............................•:..:::::.:-::t•: *c• .. :: Y �•�• ?'tiec• 2 3 or 111j ' itt: 113! 11N 115 � I R-1 t 74 ,IOT 41 71 31 LOT 3 s ,i A a m ti 4 OT 2 LOT 1 � 1 i � � �� s n► VICHQW M" CITY OF KALISPELL PROPOSAL TO ANNEX GLACIER VILLAGE GREENS AND THE WESTERLY ADJACENT PROPERTY CURRENTLY ZONED R-5, TWO FAMILY RESIDENTIAL EVERGREEN ZONING DISTRICT PLOT DATE:9/19/00 FILE## KA - 0 0 - 7 SCALE 1" = 6 6 01 H:\&\s1te\KA00_7.dwg Exhibit A Extension of Services Plan Glacier Village Greens Annexation Area The purpose for this Extension of Services Plan is to compliment the City's over-all Extension of Services Plan that was adopted by Resolution 4241 in November of 1995 and amended by Resolution 4450 in March of 1999. This plan provides the City Council and the citizens within the annexed area with a detailed five year services plan specific to the area to be annexed. Attached is a map of the proposed land to be annexed into the City. Generally, the area is north east of the Whitefish Stage and West Evergreen Drive intersection. The area to be annexed is predominantly single family homes owned by retired couples. If we use an estimate of 2 persons per household on a 191 home base, the estimated service population would be 382 persons. In addition to population, we examined the call load ratio for the region, the demographic and topographical features related to the infrastructure and public safety needs. 1. Police Coverage - We analyzed the call -load ratio for the area from our records and those of the Flathead County Sheriff's Office to help determine a calls -for -service need. This area is in our zone number 4 (northeast quadrant of the City, 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 subdivision is flanked on the east by Whitefish River and on the west by steep ridges. Roughly 99% of the homes within the annexed area are within the Glacier Village Greens development which 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 operation because there are no through avenues. The subdivision is well lit and the homes are in close proximity to each other. The population numbers suggest that the area will require approximately .7 officers based on the low population estimate of 382 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/382 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. Over the first five years after annexation the Kalispell Police Department will attempt to accomplish a number of goals related to Glacier Village Greens. The department has one, three and five year goals. 7'agc l 6 1 use 1 vt Year One F 1. The Kalispell Police Department will assist the residents of Glacier Village Greens in creating a Neighborhood Watch program. 2. The Kalispell Police Department will develop a zone response plan for Glacier Village Greens. a. Zone response is a method of assigning officers to a specific neighborhood. The advantages include increasing the officer's familiarity with the area, increasing theresident's familiarity with the officer, and improving response efficiency. 3. The Kalispell Police Department will notify each household in writing of their new law enforcement service provider. 4. The Kalispell Police Department will notify the telephone service provider that 911 calls from this area should be re -directed to the Kalispell Police Department Dispatch Center. Year Three 1. The Kalispell Police Department will encourage all residents to have their homes numbered and will attempt to ensure that all street signs are in place. 2. The Kalispell Police Department will encourage participation from residents of Glacier Village Greens on the Police Advisory Council. Year Five 1. The Kalispell Police Department will review the delivery of services plan and calls for service for Glacier Village Greens to determine if any law enforcement improvements can be made for the area. We can extend services to this area without the addition of any employees through increased efficiency and zone response. We feel we can 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. 2. Fire/Ambulance Coverage - The Kalispell Fire/Ambulance Department made an inspection of 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 0.5 fireman. The FD has added two firemen/paramedics to its department within the last 90 days. 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 S 1380 per year. We have served this subdivision since it's beginning with our E. M.S. System. Page 2 of 6 will extend their applicability. Review of building plans and other zoning functions will be performed in the annexed area in the same manner as the rest of the City. Expenditures will not change, but there will be a change in the distribution of permit fees collected with building permits. Approximately $1,500 per year will be distributed to the City Zoning Department rather than the Flathead Regional Development Office, which currently reviews building plans within the area. The total permit fee will not change. 11. Other Utility Lines - The extension of other utility lines into the area is not necessary to the area to be annexed. 12. City Assessment Districts - The Storm Sewer, Street Maintenance and Forestry Assessments will be capped at 10,000 sq ft for the areas within the annexation area that are not platted. 13. Financing of Services - Based on 1999 tax data provided by the Department of Revenue, the Glacier Village Greens development will generate S64,947 (Dept. of Revenue spreadsheet). In addition to the millage revenue generated, property owners will be subject to three assessments which are based on the square footage of each lot. Of the 261 lots within the annexed area, the majority are 65' x 100' or 6,500 sq. ft. In addition to the lot size, the Department of Revenue assesses each lot within each phase of the development with an equal share of the common area for taxing purposes. On average, 3,050 sq ft of common area exist in each phase of GVG and is added to each of the lots. A number of the lots and common areas are smaller, and larger, but for purposes of estimating I utilized the average size of 9,550. Based on this estimate the Street Maintenance assessment will generate an estimated S11,216; the Storm Sewer assessment an estimated $6,847;. and the Urban Forestry assessment will generate an estimated $1,682. Therefore, the total revenue generated from Glacier Village Greens is estimated at $84,692 per year. This breaks down to approximately $324 in Citytaxes and assessments for each lot within Glacier Village Greens. Can the City provide services to the Glacier Village Greens development without raising taxes? Yes. Page 5 of 6 COST ASSOCIATED WITH THE ANNEXATION DEPARTMENT MANPOWER TOTAL COST POLICE OFFICER * 0.7 $31,979 FIRE PERSONNEL * 0.5 $21,214 HYDRANT RENTAL $ 1,380 PUBLIC WORKS * 0.5 $18,103 $77,244 * No employees will be added to the staff as a direct result of this annexation, however future growth of the city may require additional staff. REVENUE GENERATED BY THE ANNEXATION GENERAL TAX REVENUE $64,947 STREET MAINTENANCE ASSESSMENT $11,216 STORM SEWER ASSESSMENT $ 6,847 URBAN FORESTRY ASSESSMENT $ 1,682 REDISTRIBUTION OF PERMIT FEES $ 1,500 TOTAL REVENUE GENERATED $86,192 14. Shared Tax Burden - The entire municipality tends to share the tax burden for these services and the area may be annexed without a bond issue. Page 6 of 6 Looking ahead over the next five years the FD is working diligently to improve its ISO rating. We expect to have a review within the next eighteen months that will lower insurance premiums for all city residents. We are working to strengthen our relationship with our rural fire departments neighbors in an effort to develop automatic aid agreements to help save lives and property no matter what political jurisdiction you reside in. This subdivision is on the Northeast edge if our city limits, where a substation is a consideration at this time. 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 and as a result we can service this area with our current manpower. 3. Streets and Street Maintenance - Streets are in generally good condition and appear to meet the City's standard cross section with curb and gutter with two exceptions. The first phase portion ofNicklaus Drive 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. Sidewalks would not be installed unless a majority (more than 50%) of the homeowners petitioned the city for this service. The condition of the streets and storm drainage system appears to be good with no obvious deficient areas. An overlay is not needed at this time, but the streets need to be placed into the regular maintenance program. We recommend chip -sealing as soon as possible in order to maintain their good condition for as long as possible. The streets within GVG would be chip sealed within the next twenty-four months. Within the next five years we would improve Nicklaus Drive to add curb and gutter to match the rest of the development and improve drainage within the next five years. The curbing would be paid from the through an SID with the storm drainage paid for from the storm drain assessment fund. It is difficult to determine personnel requirements to serve this area. Routine snow plowing is the greatest obligation. This would add about six man-hours of workload per snow event. Sweeping would impose a somewhat smallerburden of approximately four man-hours per event. Other road maintenance would be fitted into the current schedule as necessary. Storm drainage maintenance is estimated to be nominal and not of significant impact. No new streets need to be constructed or extended into the annexed area. 4. Sewer Service - Sewer system facilities are reasonably new and were installed to Montana standards. We have a contractual arrangement with North Village County Sewer District to operate and maintain the facilities and will become owner of the facilities when construction bonds have been paid. The sewer connection fees are used will continue to be utilized to retire this debt. There are no apparent infrastructure needs for this system and annexation will involve no changes to City operations. No new sewer mains will need to be constructed or extended into the annexed area. Page 3 of 6 5. 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; water maintenance is done by Evergreen.. This is identical to the situation in Buffalo Stage where the development is in the City but water is provided from Evergreen facilities. No new water mains will need to be constructed or extended into 'the annexed area. 6. Solid Waste (Garbage Collection) - The City will not provide solid waste disposal sen•ices to the annexed area for a minimum of five years, consistent with the provision of 7-2-4736, M.C.A. If after five years the residents petition the City for solid waste service we are prepared to provide this service with current manpower and equipment 7. Parks - There are no publicly owned parks within the 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. Therefor, the City will have no additional service commitment as a result of the annexation. 8. Recreation - Residents within 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. 9. Urban Forestry - Urban Forestry - Public right-of-ways are 60 feet within the development. This offers ample space for boulevard trees. 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. The City's forestry program allows for the planting of 110 plus new boulevard trees annually. In addition, we prune approximately 500 public trees each year. Glacier Village Greens' requests for trees will be placed on the yearly planting list based on a first come first serve priority. The individual homeowner will have input to the selection of desirable tree species and location along the boulevard. The maintenance of these newly planted trees will be addressed annually for the first five years, then every five to seven years following. This is based on the operational forestry plan for the newly established City Forestry District. 10. Building and Zoning - The area to be annexed is entirely within the building codes jurisdiction for the City. We presently issue permits for work in the area and perform inspections. Annexation will have no effect on our level of service, revenue, or expenditures. Zoning jurisdiction will be extended to encompass the area in the same manner that all city ordinances Page 4 of 6 1 40 102 WAY 41 It PARK U 3f 31 34 33 4 36 3 as 25 M, 35 4 4 36 R9 -'5 49 7 ......... ...... Md W 1+ 13LU f 4 ' 31A UAW to UAW PARK Subject ProperbK 2 1 WIAM . . . . . . . . . . . . 17 0,1 aw ' -5 OAS VVIAGE „y"i:: ::� :..::. 2A,+ 2A+ PH 3 25 W5 3 4 IM IM 1W 115 A 7- UT 41gW 71 31 w 'Al 2 R-1 COT -3--- 3 A 4 OT 2 ee A 1+ y lu 30 m 41 31OR 3 LOT I I PROPOSED ZONING GLACIER VILLAGE GREENS AND THE WESTERLY ADJACENT PROPERTY PLOT DATE:10/2/00 FILE # KA-00-7 SCALE 1 660' H:\gts\slte\KAOO-7.dwg EXHIBIT C LEGAL DESCRIPTION FOR ANNEXATION OF GLACIER VILLAGE GREENS AND ADJACENT WEST PROPERTY AMENDED PLAT OF LOTS 1 &2 GLACIER VILLAGE GREENS, Phase VIII A SUBDIVISION IN THE NWl/4SE1/4 SEC. 32., T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE Wl/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE X A SUBDIVISION IN THE NWl/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA :��ir A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, -Montana; Thence along the north boundary of said Section 5, N89 ° 55'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W 1146.61 feet to a found iron pin; Thence leaving said R/W N89°5945"E 213.61 feet to a found iron pin; Thence NO 1 °24'27"W 207.48 feet to a found iron pin; Thence S89 ° 55'59"W 10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron pin; Thence N79 °37'27"E 71.92 feet to a found iron pin; Thence S 17 ° 1341 "W 261.53 feet to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence S01 °47'43"W 235.46 feet to a found iron pin; Thence S03046'45"E 138.54 feet to a found iron pin; Thence S21 ° 10'50"E 104.45 feet to a found iron pin; Thence S45 °28'25"E 169.53 feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19 feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence S00°05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing 21.606 ACRES; Subject to and together with all appurtenant easements of record. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Section 5, S89°5738"E 30.00 feet to a found iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said easterly R/W N00°03'08"W 572.39 feet to a set iron pin; Thence leaving said R/W N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10'; Thence along an arc length of 141.01 feet to a set iron pin; Thence S00°06'50"E 222.78 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section 5; Thence along said R/W and along said north boundary N89°57'38"W 588.20 feetto thepoint ofbeginning and containing 6.826 ACRES; Subject to and together with all appurtenant easements of record. Page 3 of 4 AMENDED PLAT OF LOTS 1 &2 GLACIER VILLAGE GREENS, Phase VIII A SUBDIVISION IN THE NW 1/4SE 1/4 SEC. 32., T.29N., R.21 W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., PM.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF GLACIER VILLAGE GREENS, PHASE IX A SUBDIVISION IN THE W1/2SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE X A SUBDIVISION IN THE NW1/4SE1/4 SEC. 32, T.29N., R.21W., P.M.,M., . FLATHEAD COUNTY, MONTANA A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana; Thence along the north boundary of said Section 5, N89 055'09"E 30.00 feet to a set iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road, which is THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along said R/W N00°03'08"W 1146.61 feet to a found iron pin; Thence leaving said R/W N89°59'45"E 213.61 feet to a found iron pin; Thence NO 1 °24'27"W 207.48 feet to a found iron gin; Thence S89 °55'59"W 10.00 feet to a found iron pin; Thence NO2 °24'36"E 411.97 feet to a found iron pin; Thence N20008'33"E 100.12 feet to a found iron pin; Thence N18°30'04"E 223.97 feet to a set iron Page 4 of 4 pin; Thence N79°37'27"E 71.92 feet to a found iron pin; Thence S17013'41 "W 261.53 feet to a found iron pin; Thence S02°42'43"W 225.00 feet to a found iron pin; Thence SO "47'43"W 235.46 feet to a found iron pin; Thence S03 °46'45"E 138.54 feet to a found iron pin; Thence S21 ° 10'S0"E 104.45 feet to a found iron pin; Thence S45 028'25"E 169.53 feet to a found iron pin; Thence S40°10'29"E 138.50 feet to a found iron pin; Thence S70042'43"E 137.36 feet to a found iron pin; Thence S44°24'19"E 294.91 feet to a found iron pin; thence S25°07'53"E 185.26 feet to a found iron pin; Thence S28°32'15"E 216.19 feet to a found iron pin; Thence S89°54'39"W 370.00 feet to a set iron pin; Thence S00"05'20"E 299.48 feet to a set iron pin on the north boundary of said Section 5; Thence along said boundary S89°55'09"W 701.12 feet to the point of beginning and containing 21.606 ACRES; Subject to and together with all appurtenant easements of record. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: Commencing at the northwest corner of Section 5, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Section 5, S89 ° 57'38"E 30.00 feet to a found iron pin on the easterly R/W of a 60 foot county road known as Whitefish Stage Road and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; Thence along said easterly R/W N00°0310811W 572.39 feet to a set iron pin; Thence leaving said R/W N89 ° 57'00"E 237.55 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 45°03'00"; Thence along an arc length of 141.53 feet to a set iron pin; Thence S45°00'00"E 241.23 feet to a set iron pin and the P.C. of a 180.00 foot radius curve, concave southwesterly, having a central angle of 44°53'10"; Thence along an arc length of 141.01 feet to a set iron pin; Thence SOO°06'50"E 222.78 feet to a set iron pin on the northerly R/W of a 60 foot county road known as West Evergreen Drive and the north boundary of Section 5; Thence along said R/W and along said north boundary N89 °57'3 8 "W 588.20 feet to the point of beginning and containing 6.826 ACRES; Subject to and together with all appurtenant easements of record. LEGAL DESCRIPTION FOR ANNEXATION OF GLACIER VILLAGE GREENS AREA Page 1 of 4 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SETA & SWI/4 SEC. 32, T.29.N., R.21W., P.M., M., FLATHEAD CO. MONTANA AMENDED PLAT LOT II, GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SE1/4 & SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT LOTS 1, 82 and 83 GLACIER VILLAGE GREENS, PHASE I A SUBDIVISION IN THE SEl/4 & SWI/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE II A SUBDIVISION IN THE SE1/4 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOTS 70 & 71 GLACIER VILLAGE GREENS, PHASE III A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R 21 W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE III A A SUBDIVISION IN THE S 1/2 SEC. 32, T.29N., R.21 W., P.M., M., FLATHEAD CO., MONTANA Page 2 of 4 GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E1/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD CO., MONTANA AMENDED PLAT OF LOT 127 OF THE PLAT OF GLACIER VILLAGE GREENS, PHASE IIIB A SUBDIVISION IN THE E 1/2SW 1/4, SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE IV A SUBDIVISION IN THE W 1/2 SEC. 32, T.29N., R.21W., P.M., M., FLATHEAD CO., MONTANA GLACIER VILLAGE GREENS, PHASE V A SUBDIVISION IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA AMENDED PLAT OF Homeowner's Park A of Glacier Village Greens, Phase III Lots 160, 216 and the Homeowner's Park of Glacier Village Greens, Phase IV IN THE Wl/2SW1/4 SEC. 32, T.29N., R.21W., P.M.,M., FLATHEAD COUNTY, MONTANA GLACIER VILLAGE GREENS, PHASE VIII A SUBDIVISION IN THE NW 1/4SE 1/4 SEC. 32, T.29N., R.21 W., P.M.,M., FLATHEAD COUNTY, MONTANA City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 75&7700 • FAX (406) 758-7758 Memorandum October 2, 2000 To: Mayor, City Council and City Manager From: Theresa White, City Clerk Re: Glacier Village Greens Letters of Protest Attached is a list of Protest/Disapproval forms that have been signed and filed from residents of Glacier Village Greens. Instead of making copies of each, I have typed a list of every person that signed a Protest. I have also included one of the signed forms as an example of what they all look like. I have also enclosed all of the letters I have received concerning the proposed annexation. All of the people who submitted a letter, except two, also signed a Protest/Disapproval form. If you would like to look at all of the Protest forms signed, they are available in my office. 1. 2, 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 18. 19. 20. 21. 22. 23. 24. 25. GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 O Shriver, Carolyn Savage, William Savage, Delores Schaller, Williams, SLS Limited Partnership Stefano, Nina Radabah, Joyce Radabah, G. Scott Rorvig, Bruce Jones, Franklyn Hames., Deborah Toft, Barbara Fopp, Myrna Bray, James Bray, Jeanette Bitney, Joanna Peterson, Don Peterson, Janet Callas, Carole Mahoney, Jo Anne Hagen, Charles Hagen, Nancy Olson, Raymond Olson, Sylvia Christianson, C.E. Christianson, Arloene 106 Trevino Dr. 108 Trevino Dr. 108 Trevino Dr. 110 Trevino Dr. 114 Trevino Dr.. 116 Trevino Dr. 116 Trevino Dr. 118 Trevino Dr. 101 Trevino Dr. 101 Trevino Dr. 103 Trevino Dr. 107 Trevino Dr. 109 Trevino Dr. 109 Trevino Dr. 111 Trevino Dr. 113 Trevino Dr,_ 113 Trevino Dr. 115 Trevino Dr. 117 Trevino Dr. 119 Trevino Dr. 119 Trevino Dr.. 121 Trevino Dr. 121 Trevino Dr. 123 Trevino 121 Trevino Dr. Glacier Village Greens Protests Page 1 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 26. Norick, Kenneth 125 Trevino Dr. 27. Norick, Maridona 125 Trevino Dr. 28. Thorsen, John 127 Trevino Dr. 29. Thorsen, Judith 127 Trevino Dr.' 30. Margaris, Basilios 129 Trevino Dr- 31. Margaris, Despina 129 Trevino Dr. 32. Stetson, Donald 131 Trevino Dr. 33. Stetson, Patricia 131 Trevino Dr.' 34. Reese, Thomas 162 W. Nicklaus Ave. 35. Reese, Maxine 162 W."Nicklaus Ave. 36. Hedman, Helen 164 W. Nicklaus Ave. 37. Dickson, Don 145 W. Nicklaus Ave. 38. Seyfert, Cheryl 147 W. Nicklaus Ave. 39. Jappe, Earlyn 149 W. Nicklaus Ave. 40. Loseleben, Roman 155 W. Nicklaub Ave. 41. Loseleben, Barbara 155 W. Nicklaus Ave. 42. McNeilly, Neil 157 W. Nicklaus Ave. 43. McNeilly, Florence 157 W. Nicklaus Ave. 44. Cavanaugh, Robert 161 W. Nicklaus Ave. 45. Cavanaugh, Doris 161 W. Nicklaus Ave. 46. Montpetit, Dan - _. 163 W. Nicklaus Ave. 47. McKiernan, William 165 W. Nicklaus Ave. 48. McKeirman, Joan 165 W. Nicklaus Ave.° 49. Orsua, Lynn 167 W. Nicklaus'Ave. 50. Brown, Sherry 144 W. Nicklaus Ave. Glacier village Greens Protests Page 2 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 &Z ADDRESS 51. Brechel, Barbara 148 W. Nicklaus Ave. 52. Baker, George 150 W. Nicklaus Ave. 53. Baker, Monty 150 W. Nicklaus Ave. 54. Gasser, Dennie 152 W. Nicklaus Ave. 55. Gasser, Karyl 152 W. Nicklaus Ave. 56. Krueger, Karol 154 W. Nicklaus'Ave. 57. Milam, Donald 101 Palmer Dr. 58. Milam, Joan 101 Palmer Dr. 59. Working, Don 103 Palmer Dr. 60. Working, Helen 103 Palmer Dr. 61. Shepard Sr., Frank 105 Palmer Dr. 62. Shepard, Evelyn 105 Palmer Dr. 63. Wynne, Thomas 107 Palmer Dr. 64. Wynne, Nadine 107 Palmer Dr. 65. Moen, Gwenith 111 Palmer Dr. 66. Nockelby, Raymond 113 Palmer Dr. 67. Walter, Virgil 119 Palmer Dr. 68. Walter, Fern 119 Palmer Dr. 69. Mercedes Ledesky Trust 121 Palmer Dr. 70. Richards, Laurence 28 E. Nicklaus Ave. 71. Hood, Nicholas 29 E. Nicklaus Ave. 72. Morris, John 32 E. Nicklaus Ave. 73. Morris, Luanna 32 E. Nicklaus Ave. 74. Young, Helen 38 E. Nicklaus�Ave. 75. Hutchens, Colleen 39 E. Nicklaus Ave. Glacier Village Greens Protests Page 3 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 76. Naumann, Ralph 40 E. Nicklaus Ave. 77. Naumann, Rena 40 E. Nicklaus Ave. 78. Ramsey, Vaughn 41 E. Nicklaus Ave. 79. Ramsey, Marceen 41 E. Nicklaus Ave. 80. Timm, Donald 42 E. Nicklaus Ave. 81. Timm, Donnell 42 E. Nicklaus Ave. 82. Triepke, Jack 43 E. Nicklaus Ave. 83. Sandon, Agnes 44 E. Nicklaus Ave. 84. Drake, Glen 46 E. Nicklaus Ave. 85. Drake, Jo Mae 46 E. Nicklaus Ave. 86. Garner, Gene 47 E. Nicklaus Ave. 87. Garner, Pamela 47 E. Nicklaus Ave. 88. Keil, Keith 11 E. Nicklaus Ave. 89. Keil, Doris 11 E. Nicklaus Ave. 90. Winter, Wilbert 13 E. Nicklaus Ave. 91. Winter, Mollie 13 E. Nicklaus Ave. 92. Simonson, Nils 14 E. Nicklaus Ave. 93. Trueblood, Betty 16 E. Nicklaus Ave. 94. Houser, Kenneth 17 E. Nicklaus Ave. 95. Fugget, Dona 17 E. Nicklaus Ave. 96. Bennett, Barbara 18 E. Nicklaus Ave. 97. Stratton, Glen 19 E. Nicklaus Ave. 98. Stratton, Arlene 19 E. Nicklaus Ave. 99. Erickson, Lionel 20 E. Nicklaus Ave. 100. Briggs, Phyllis 22 E. Nicklaus Ave. Glacier Village Greens Protests Page 4 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 101. Wyman, Mary 23 E. Nicklaus Ave. 102. Knutson, Orlyn 24 E. Nicklaus Ave. 103. Knutson, Marilyn 24 E. Nicklaus Ave. 104. Potuzak Family Trust 25 E. Nicklaus Ave. 105. Dolph, Emma 26 E. Nicklaus Ave. 106. Erie, Olaf 111 W. Nicklaus Ave. 107. Erie, Marie 111 W. Nicklaus Ave. 108. Ott, Richard 113 W. Nicklaus Ave. 109. Ott, Barbara 113 W. Nicklaus Ave. 110. Dotson, Charles 115 W. Nicklaus Ave. 111. Powell, Susan 117 W. Nicklaus Ave. 112. Powell, Wayne 117 W. Nicklaus Ave. 113. Sorensen, Lucille 119 W. Nicklaus Ave. 114. Elam, Vernon 129 W. Nicklaus Ave. 115. Elam, Joan 129 W. Nicklaus Ave. 116. Bell, Alfred 133 W. Nicklaus Ave. 117. Ostrander, Sharon 135 W. Nicklaus Ave. 118. Netherly, David 137 W. Nicklaus Ave. 119. Netherly, June 137 W. Nicklaus Ave. 120. Shelton, Charles 110 W. Nicklaus Ave. 121. Shelton, Patty 110 W. Nicklaus Ave. 122. Eckert, William 112 W. Nicklaus Ave. 123. Eckert, Ellen 112 W. Nicklaus Ave. 124. Dornfeld, Donald 114-V. Nicklaus -Ave." 125. Dornfeld, Marvel 114 W. Nicklaus Ave. Glacier village Greens Protests Page 5 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 126. Bitney, Rodney 116 W. Nicklaus Ave. 127. Bitney, Sidney 116 W. Nicklaus Ave. 128. Heuscher, Sandy 116 W. Nicklaus Ave. 129. Bitney, Cindy 116 W. Nicklaus Ave. 130. Bitney, Bye 116 W. Nicklaus Ave. 131. Martello, Trust 118 W. Nicklaus Ave. 132. Eastlund, Hollister 120 W. Nicklaus Ave. 133. Eastlund, Joyce 120 W. Nicklaus Ave. 134. Johnson, Kevin 122 W. Nicklaus Ave. 135. Johnson, Margaret 122 W. Nicklaus Ave. 136. Nichols, Patricia 130 W. Nicklaus Ave. 137. Gronley, Stanley 132 W. Nicklaus Ave. 138. Gronley, Garnet 132 W. Nicklaus Ave. 139. Martin, Mike 166 W. Nicklaus Ave. 140. Field, Kenneth 168 W. Nicklaus Ave. 141. Field, Arlene 168 W. Nicklaus Ave. 142. Schwartz, Steven 174 W. Nicklaus Ave. 143. Schwartz, JoAnn 174 W. Nicklaus Ave. 144. Reichenbach, Anton 176 W. Nicklaus Ave. '145. Nichols, Robert 177 W. Nicklaus Ave. 146. Nichols, Sara 177 W. Nicklaus Ave. 147. Stella M. Mickey Kent Living Trust 178 W. Nicklaus Ave.. 148. Curran, Daniel 179 W. Nicklaus Ave. 149. Dickson Leona 181 W. Nicklaus Ave. 150. Brendel, Norma 182 W. Nicklaus Ave. Glacier Village Greens Protests Page 6 GLACIER VILLAGE GREENS PROTESTS /DI SAPPROVALS Received 10/02/00 NAME CRESS 151. Brendel, Roger 182 W. Nicklaus Ave. 152. Francis, Karen 183 W. Nicklaus Ave. 153. Francis, Robert 183 W. Nicklaus Ave. 154. Davis, Gorman 185 W. Nicklaus Ave." 155. Davis, Jean 185 W. Nicklaus Ave. 156. Pratt, Paulette 186 W. Nicklaus Ave. 157. White, Herb 187 W. Nicklaus Ave. 158. White, Rita 187 W. Nicklaus Ave. 159. Gustafson, Joyce 190 W. Nicklaus Ave. 160. Gustafson, Claude 190 W. Nicklaus Ave. 161. Glacier Village Greens Homeowners Assoc. 195 W. Nicklaus Ave. 162. F.T. Kahnberg Trust 197 W. Nicklaus Ave. 163. Reynolds, Charles 199 W. Nicklaus Ave. 164. Reynolds, Barbara 199 W. Nicklaus Ave. 165. Brown, Patricia 201 W. Nicklaus Ave. 166. Harlow, John 203 W. Nicklaus Ave. 167. Harlow, Nancy 203 W. Nicklaus Ave. 168. Streeter, Lance 207 W. Nicklaus Ave. 169. Streeter, Nikki 207 W. Nicklaus Ave. 170. Anderson, Andre 211 W. Nicklaus Ave. 171. Anderson, Ronald 211 W. Nicklaus Ave. 172. Slusher, Carrie 215 W. Nicklaus Ave. 173. Mead, Mildred 217 W. Nicklaus Ave. 174. Connolly, Naomi 231 W. Nicklaus Ave. 175. Connolly, James 231 W. Nicklaus Ave. Glacier Village Greens Protests Page 7 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 176. Lee, Gwenn 233 W. Nicklaus Ave. 177. Peterson, Joyce 196 W. Nicklaus Ave. 178. Smithers, William 214 W. Nicklaus Ave. 179. Smithers, Idella 214 W. Nicklaus Ave. , 180. Sullivan, Sandra 220 W. Nicklaus Ave. 181. Gross Sr., Richard 222 W. Nicklaus Ave. 182. Gross,Linda 222 W. Nicklaus Ave. 183. Ring, Robert 224 W. Nicklaus Ave. 184. Ring, Marsha 224 W. Nicklaus Ave. 185. Withey, Myron 62 E. Nicklaus Ave. 186. Withey, Beverly 62 E. Nicklaus Ave. 187. Schiltz, David 64 E. Nicklaus Ave. 188. Schiltz, Senga 64 E. Nicklaus Ave. 189. Knutson, Neal 66 E. Nicklaus Ave. 190. Cole, Robin 66 E. Nicklaus Ave. 191. Brekke, Nancy 78 E. Nicklaus Ave. 192. Brekke, John 78 E. Nicklaus Ave. 193. Kirkpatrick, Bonnie 80 E. Nicklaus Ave. 194. Kirkpatrick, Fred 80 E. Nicklaus Ave. 195. Durado, Robert 82 E. Nicklaus Ave. 196. Gates, Calvin 84 E. Nicklaus Ave. 197. Gates, Iris 84 E. Nicklaus Ave. 198. Durado Joint Living Trust, Lawrence S. 86 E. Nicklaus Ave. 199. Durado Joint Living Trust, Sharon V. 86 E. Nicklaus Ave. 200. Mudgett, Elaine 88 E. Nicklaus Ave. Glacier Village Greens Protests Page 8 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 201. Moody, James 79 E. Nicklaus Ave. 202. Moody, Laura 79 E. Nicklaus Ave. 203. Robidou, Meta 63 E. Nicklaus Ave. 204. Robidou, Jerome 63 E. Nicklaus Ave. 205. Corbett, Ruth/Family Revocable Living Trust 55 E. Nicklaus Ave. 206. Kampf, Benjamin 65 E. Nicklaus Ave. 207. Kampf, Jean 65 E. Nicklaus Ave. 208. Nelson, Betty/Nelson Family Trust 77 E. Nicklaus Ave. 209. Nelson, William/Nelson Family Trust 77 E. Nicklaus Ave. 210. Lee, Criste 69 E. Nicklaus Ave. 211. Torstenson, Ronald 102 Ritzman Lane 212. Torstenson, Margaret 102 Ritzman Lane 213. Schrammeck, Kenneth 106 Ritzman Lane 214. Schrammeck, Genevieve 106 Ritzman Lane 215. Jamieson, William 107 Ritzman Lane 216. Fj eld, Betty 107 Ritzman Lane 217. Caruso, Thomas 108 Ritzman Lane 218. Caruso, Marjorie 108 Ritzman Lane 219. Andres, Frederic 109 Ritzman Lane 220. Andres, Sharon 109 Ritzman Lane 221. Einarson, Terry 111 Ritzman Lane 222. Einarson, Connie 111-Ritzman Lane 223. Kincaid, John 106 E. Nicklaus Ave. 224. Lockrem, Jean 108_E. Nicklaus Ave. 225. Vanderlaan, John 97 E. Nicklaus Ave. Glacier Village Greens Protests Page 9 GLACIER VILLAGE GREENS PROTESTS/DISAPPROVALS Received 10/02/00 NAME ADDRESS 226. Vanderlaan, Sharon 97 E. Nicklaus Ave. 227. Blake, Wayne 101 E. Nicklaus Ave. 228. Blake, Carol 101 E. Nicklaus Ave. 229. O'Donnell, Beatrice 103 E. Nicklaus Ave. 230. Franklin Rene Baudais Family Living Trust 111 E. Nicklaus Ave. 231. Pauline A. Baudais Family Living Trust 111 E. Nicklaus Ave. 232. Handford, Doris 115 E. Nicklaus Ave. 233. Anderson, Ivan 123 E. Nicklaus Ave. 234. Anderson, Violet 123 E. Nicklaus Ave. 235. Black, Marilyn 131 E. Nicklaus Ave. 236. Thune, John 130 E.- Nicklaus Ave. 237. Thune, Delores 130 E. Nicklaus Ave. 238. Fletcher, Ruth 122 E. Nicklaus Ave. 239. Longtin, Kathleen 122 E. Nicklaus Ave. 240. Anderson, Robert 118 E. Nicklaus Ave. 241. Anderson, Lola 118 E. Nicklaus Ave. 242. Martin, Helen 110 E. Nicklaus Ave. 243. Engel, Francis 135 E. Nicklaus Ave. 244. Engel, Mary 135 E. Nicklaus Ave. 245. Glacier Village Greens (Duane Bitney) 357 W. Evergreen Dr. 246. Glacier Village Greens (George Schultz) 357 W. Evergreen Dr. 247. Bracken, Robert 219 W. Nicklaus Ave. 248. Rauch, Bradley 218 W. Nicklaus Ave. 249. Kelly, Kathleen 212 W. Nicklaus Ave. 250. Doyle, Don 210 W. Nicklaus Ave. 251. Orsua, Robert 167 W. Nicklaus Ave. 252. Hood, Christine 29 E. Nicklaus Ave. Glacier Village Greens Protests Page 10 PROTESTIDISAPPROVAL (Print name) JR40 V/k street address) 4S16p� �, (Print pr} y' q, t OCT 0 4 2000 B• (Print State) (Print Zip) I own real property located within the area proposed to be annexed by the City of Kalispell pursuant to the Resolution of intent to Annex ##4581, said property described as follows: / - 'z0f -..//4 ) A '30 C> fi c i F P, bliZZAq C (Print property description) I qualify to protest as a property owner, under §7-2-4314(1)(d), MCA, and as evidenced by my signature hereon, i protest and disapprove of the proposed annexation of my property by the City of Kalispell. DATED thisc�� day of 2000. Real Property Owner Q ��' Page I Of I ES CEP 15 28 Don "Awwm* DkkKm BY: ................ from; Don 'Awsome" Dickson «wesome3rddPcenturytel.net> To: <the city clerk ---- mention theresa white> Cc: <awesow*3rdfcenturytel.net> Send; Friday, September 15. 2000 11:1 S AM SubjMt; THE DISAPPROVAL OF THE PROPOSED ANNEXATION --- GLACIER VILLAGE GREENS .ADDITK)N * 295 ------ WE DONT WANT: 1) SIDEWALKS, CROSS, ON STREET PARKING --- FOR LONGER THAN 24 HRS. EXTRA VEHICLES PARKED ON DRIVE -WAYS! I I 2) T. IS A RETIREMENT COMMUNITY, WE LIKE TO TAKE WALKS, IN THE STREETS, DAY AM NIGHT, WITHOUT WORRY OF GETTING HIT, WE DON'T LIKE A BUNCH OF PEOPLE EXCEEDING OUR SPEEDLIMIT -- SIGNSIII WE DON'T LIKE A BUNCH OF COMMERICIAL VEHICLES DRIVING THROUGH UNNECESSARY, AND UTTERING THE PLACE-UPIII WE DON'TLIKE A BUNCH OI= POV'S DRIVING THROUGH UNNECCESSARY — ECT. -- LITTERING THE AREAIII 3) li iri il_ .� !si ►. • i! • • is • :: f�•i. :► t= •. 6) NOW KFEP IN MIND WE KICKED SRARANDSKI. (SPELUNG) OUT OF THE COUNTY, WE STOPPED THE CITY OF KALISPELL - FROM ANNEXING EVERGREEN — NOW WITHOUT EVEN THE MUCH OF AN ELECTION "YOU TRY TO ANNEX VILLAGE GREENS INTO THE "CITY OF KALISPELL" — THROUGH A-HICKTOWN- BAC KROOM "CITY COUNCIL MEETING" ,( VATHOUT PUTTING IT ON THE BALLOT) ---YOU KNOW WHAT WILL HAPPENED" 111 SINCERELY, i DON AWESOME t3K+KSON 145 WEST NICKLAUS, AVENUE, KALISPELL, MONTANA,SMI-2M TELEPHONE # 2670342 9115100 T .rA BY..................... Tom and Betty Denham Fax 406 755-8124 37 E Nicklaus Ph 406 755-8123 KaliWel4 MT. 59901 September 16, 2000 City Clerk City of Kalispell PO Box 1997 Kalispell, Montana 59903 Re: Glacier Village Greens annexation This letter expresses our opposition to the proposed annexation. In our opinion this is a unilateral benefit with the city of Kalispell being the only benefactor. We currently have trash pick-up, which we pay for, water, which we pay for, police protection from an excellent sheriffs department, sewer, which we pay a 25% surcharge to the city of Kalispell; snow removal, which we pay for. Our current taxes plus the fees we pay for the preceding, totals much less than the taxes we would pay the city of Kalispell with NO additional benefit to Village Greens. The city of Kalispell would benefit through Village Greens property taxes. Ibis is simply a way for Kalispell to receive increased revenues with no reciprocal benefit to the taxpayer. We strongly oppose this annexation. ` xx / �/ . 1 �-"6 , f -, _ _,,III\` _ acla-A- /,.; c;2clela �SEPig2OM� By* 46� 17 vz .7- 47-X6 7.4 CL t� foo IMAM— C', _o��s III SEPIS20M ------�0 BY..,.....»........... n �--�-� -- Y,0 5 •.4--- 4LA^ alIRA, Mt 59901 M4 4 RECEIVEC /Scl w•al«k,�a„s A,,t SEP 181000 kW, skit g91 Ka�•�s���� MTSgRa3 , i F�'EIVE September 18 284Y:..�..............» Francis J. & Mary J. Engel 135 East Nicklaus Ave. Kalispell, Montana 59901 City of Kalispell P. O, Box 1997 Kalispell, Montana 59901 Reference: Annex Lot 7A of Glacier Village Greens, Phase X Resolution No. 4581 As home owners of above lot 7A , We disapprove the proposed annexation of Glacier Village Greens to the City of Kalispell. We thank you for considering our vote. Yours truly, Francis J. Engel r gel SEP E 2 2t100 September 19, 2000 City of Kalispell P.O. Box 1997 Kalispell, MT 59903 As a resident of Village Greens, I am writing my disapproval of the proposed annexation plan. It is untimely, and of no benefit to me. I am aware of your previous plan to annex the "strip". I feel that is where you are presently going with this move. I feel I have all the amenities I need here presently, and see no benefit whatsoever. I do, however, see a high raise in taxes coming. As the city manager said, "No guarantees". I have always felt that Kalispell is greedy, thus the absence of business here. I also wonder what you will do when you reach the contiguous area next to Evergreen School? Will that be annexed into District #5? I also do not desire licensing my golf cart, or paying taxes on that equipment! I see no benefit, I vote against annexation. ore M. Mahoney 117 Trevino Dr. Kalispell, MT 59901 FSEPEZ t 2000 By..................... 44 E/ Nocklaus Kalispell, Mt. 59901 Sept. 20, 2000 Theresa White, City Clerk City of Kalispell P.O. Box 1997 Kalispell, Mt. Dear Miss White: At the fall meeting of home owners of Village Greens, held at the Elks on 9/12/00, the City Manager of Kalispell, spoke of the proposed forced annexation of Village Greens to the City of Kalispell, he made the following statements: 1. The average increase in our yearly taxes to the city of Kalispell would be between $200 and $300, depending on the size of the lot and home. Why did the town- house owners at Fairway Boulevard immediately be assessed over $500 increase?when they were annexed years ago? 2. We were told that we have been paying 225 more per month for serer fee than other city residents. I don't recall his saying that this would be discon- tinued. 3. Homes in Village Greens without curbs and gutters would be forced to pro- vide these at their expense. 4. Several residences within the city of Kalispell are not part of the city. What provision is made for them and sewer service? 5. The City of Kalispell would no more than break even by annexing Village Greens. What exactly would be done with the added tax revenue, he mentioned 1 more city policeman and the fire truck coming when needed. All? I am one who is opposed to annexation. I am one who was never aware of the agreement between Bitney-Schultz and the City of Kalispell. I can see no advan- tage to annexation, other than street plowing. flow can a city capriciously hop b skip around at their pleasure, omitting many viable residences and businesses to get at others? Sincerely, ?ees B. Sandon ;. OCT 0 20M B IK- / ,/ r � I i i ..�� f • �, v '' d'IIi ��� �-v�,�i