3. Resolution 4937 - Extension of Services Plan-`ty
of Kal'spell Public
Works
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REPORT TO: Mayor and City Council
FROM: James C. Hansz, P.E., Director of Public Works
SUBJECT: Update and Revision of City Extension of Services Plan
MEETING DATE: September 20, 2004
BACKGROUND: The City has an Extension of Services Plan which outlines the general conditions that
must be met for providing City services to new and existing developed areas. The current plan was
approved nearly ten years ago. In that time there have been significant changes in the pace, scope and
character of community growth as well as comprehensive updates and changes in the City's Growth
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Council, the present Extension of Services Plan has been reviewed with the intent to update its contents,
correct minor errors, and include new provisions that more accurately reflect current preferences with
respect to growth and development and the extension of City services.
Updating involved bringing the document up to date with respect to the current Growth Policy
Plan, revising exhibits and attachments, correcting a small accumulation of minor text errors and
ambiguities in the text, and revising the language in Section 6 related to the preparation and
administration of Developer Extension Agreements for potentially reimbursing costs of facilities that
exceed the requirements of a development. In addition, new language was added to Section 6 that
provides City Council with the option to initiate the installation of new facilities to support growth when
the Council determines such an installation to be in the best interest of the City. This language further
specifies the sources of funds for these facilities and how said funding sources would be replenished.
RECOMMENDATION: Adopt the extension of Services Plan as revised.
ACTION REQUESTED: MOTION TO ADOPT THE CITY OFKALISPELL EXTENSION OF
SERVIC'ESPLAN.
FISCAL EFFECTS: None at this time.
ALTERNATIVES: As suggested by the City Council
Hansz, P
of Public
September 20, 2004 Extension
Engineer
Plan_doc
Frank Garner
Interim City Manager
RESOLUTION NO.4937
A RESOLUTION ADOPTING AN UPDATED EXTENSION OF SERVICES PLAN FOR THE
CITY OF KALISPELL.
WHEREAS, Title 7, Chapter 2, part 4732 of the Montana Code Annotated requires all local
governments intending to annex property to have an extension of services plan; and
WHEREAS, the City of Kalispell has followed an extension of services plan, pursuant to statute,
since November 6, 1995 when it adopted Resolution No. 4241. That plan was last
amended on March 1, 1999 by Resolution 4450; and
WHEREAS, it is in the best interests of the City of Kalispell and its citizens that the extension of
services plan be reviewed and revised from tirrie to time to take into account changes in
growth patterns within the community, other changes in city policy and ordinances, and
changes in state law; and
WHEREAS, at the request of the City Council, the Public Works Department and Tri-City Planning
Staff provided an analysis of the existing extension of services plan and recommended
changes to that plan to allow for the orderly expansion of city services and municipal
boundaries; and
WHEREAS, the Extension of Services Plan herein considered should be approved and adopted by
Council, replacing the plan currently existing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. That the City of Kalispell Extension of Services Plan, attached hereto and
incorporated herein fully by this reference, is hereby approved and adopted.
SECTION II. That a copy of said City of Kalispell Extension of Services Plan shall be
available for public review at the Office of City Clerk, City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 20"' DAY OF SEPTEMBER 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
CITY OF KALISPELL
EXTENSION OF SERVICES PLAN
September 2004
TABLE OF CONTENTS
Page
Chapter 1 - Introduction ..................... .
Chapter 2 - Statutory Requirements ............................. 2
Chapter 3 - Relationship to the Kalispell Growth Policy ............... 3
Chapter 4 - Potential Utility Service Area .......................... 5
Chapter 5 - Extension of City Services ............................ 11
Chapter 5 - Policies for Extension. of City Services or Utilities ........... 22
Figures:
Figure 1 - Impediments to Growth .......................... 6A
Figure 2 - Potential. Utility Service Area ...................... 10A
Figure..l +.il-wl.i I-) v1l-t.ice iu t.ci1> . . . . . . . . . . . . . . . . . . . . . . . . . . 1iln
Figure 4 - Water Service Areas ............................ 16A
Figure 5 - Kalispell Future Fire Services Plan ................. 20A
Appendix:
Petition to Annex / Notice of Withdrawal. from Rural Fire District
Waiver to Protest Annexation / Notice of Withdrawal from Rural Fire District
CHAPTER 1
INTRODUCTION
Kalispell's Extension of Services Plan is intended to serve as a policy document
for the extension and provision. of City services and utilities to areas proposed
for annexation or otherwise provided with services and / or utilities. The plan
will serve three basic objectives:
1. To meet the statutory requirements of the State of Montana for the
annexation of properties and provision of services.
2, To provide a framework for implementing existing policy documents that
includes the Kalispell Area Transportation Plan; the City of Kalispell Water,
Sewer and Storm Drainage Systems Facility Plan and the Kalispell Growth
Policy. Collectively they will be used to guide future development and
growth within the community.
3. To establish a Potential Utility Service Boundary and associated policies that
clearly outline the terms for the extension of municipal services into new
service areas, identify methods of financing when extending municipal
services and the party or parties responsible for installation and service
costs.
In 2000, the city undertook the task of planning for the future of its water,
sewer and storm drainage systems. The goal of the planning effort was to
define the condition of the existing infrastructure, describe improvements
necessary to protect water resources, accommodate growth, evaluate growth
trends and estimate future population and employment. The establishment of
the potential utility service area was critical in the preparation of both the
Kalispell Growth Policy and the Extension of Services plan. The potential
utility services boundary was largely based on the City of Kalispell Water,
Sewer and Strom Water Drainage Facility Plan dated July 2002 prepared by
HDR Engineering, Inc/ Morrison. Maierle, Inc./ & Land and Water Consulting
(Facilities Plan). The potential utility service boundary was developed with the
Facilities Plan and the update of the Kalispell City Growth Policy.
The Facilities Plan provides the background engineering study and analysis to
determine capacity and capabilities of the city of Kalispell to grow. Based on
this, a capital improvements plan was developed for the recommended water,
sewer, wastewater treatment and storm drainage improvements programs. The
location of the potential utilities service boundary was established by
considering available undeveloped and underdeveloped lands in the context of
existing public services and the logical extension of these services into
undeveloped land. In addition, past community growth trends, as well as
existing community growth stimulants and deterrents, were taken into
consideration when determining this boundary.
1
CHAPTER 2
STATUTORY REQUIREMENTS
Title 7, Chapter 2 of the Montana Code Annotated; Parts 42 through 47
outlines the processes and the requirements for the provision of services to
areas to be annexed to the city. This plan as been developed, in part, to meet
and address the statutory criteria outlined in these parts. Specifically, this
plan establishes a potential utility service boundary based on the projected
availability of City services and utilities, demographic and growth trends as well
as development potential of areas within and surrounding the community.
As required under the statutes; when or if it becomes necessary to extend
streets, water, sewer, or other, municipal services into an area to be annexed,
the plan must show how public services and utilities will be provided to the
newly annexed area on substantially basis and manner as other areas already
within the municipality. If new streets or utilities are to be extended to an area
to be annexed, the plan is required to outline when the new infrastructure will
be constructed and how it will be financed. If the area to be annexed is already
served by adequate water, sewer and streets, and no capital improvements are
necessary; the municipality must provide a plan of how it will provide other
services primarily police protection and fire protection, as well as continued
utility service.
2
CHAPTER 3
RELAATIONSHIP TO THE KALISPELL GROWTH POLICY
This Extension of Services Plan., by reference, incorporates by reference the
Kalispell Growth Policy 2020 adopted by the Kalispell City Council in February
2003. The growth policy has been used as a source of technical information
presented in this document The adoption and implementation of this plan will
assist the City of Kalispell in working towards achieving some of the goals and
objectives outlined in the growth policy.
The following is a summary of Kalispell Growth Policy 2020 goals to which this
Extension. of Services Plan bears a direct relationship:
1. ADMINISTRATION
FOSTER CITY -COUNTY COOPERATION PARTICULARLY IN MANAGING
GROWTH AND COORDINATING PROVISION OF PUBLIC FACILITIES
AND SERVICES.
PROMOTE COOPERATION BETWEEN KALIKSPELL, UTILITY SERVICE
PROVIDERS AND FLATHEAD BUSINESSES.
2. GROWTH MANAGEMENT
NEW COMMERCIAL DEVELOPMENT OCCURS IN AREA WHERE PUBLIC
WATER AND SEWER CAN BE PROVIDED AND AS EXPANSION OF
EXISTING COMMERCIAL, AREAS.
NEW URBAN AND SUBURBAN DEVELOPMENT OCCURS IN AREAS
WHERE PUBLIC WATER AND SEWER ARE ABVAILABLE.
PROVIDE ADEQUATE AREAS FOR GROWTH AND EXPANSION WITH
REGARD TO AMOUNT, TIMING AND LOCATION.
4. LAND USE: BUSINESS AND INDUSTRY
NEW COMMERCIAL DEDVELOPMENT SHOULD OCCUR IN AREAS
WHERE PUBLIC WATE AND SEWER ARE AVAILABLE.
5. LAND USE: AGRICULTURE
CLUSTER DEVELOPMENTS ARE ENCOURAGED IN THE RURAL AREAS
THAT ARE WITHIN THE POTENTIAL UTILITY SERVICE AREA AND A
PROVISION SHOULD BE CREATED THAT ALLOWS FOR THE
REDEVELOPMENT OF OPEN SPACE AREAS WHEN UTILITIES ARE
AVAILABLE.
6. THE ECONOMY
NEW BUSINESS AND INDUSTRY SHOULD BE ENCOURAGED TO
LOCATE IN AREAS WHERE SOUND INFRASTRUCTURE CAN BE
PROVIDED.
9. PARKS AND RECREATION
PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF
RECREATIONAL FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT
PROVIDES ACCESS FOR ALL AGE GROUPS
10. TRANSPORTATION
PROVIDE A COMPREHENSIVE TRAFFIC CIRCULATION SYSTEM THAT
SERVES THE COMBINED NEEDS OF THE COMMUNITY AND THE
REGION, AND THAT PROVIDES SAFE CONVENIENT AND ECONOMICAL
ACCESS TO ALL TRANSPORTATION FACILITIES THROUGHOUT THE
AREA.
11. INFRASTRUCTURE AND PUBLIC SERVICES
AS THE CITY ANNEXES COUNTY ROADS PROVISIONS SHOULD BE
MADE FOR UPGRADING TO CITY STANDARDS.
COORDINATE CONSISTENT DESIGN STANDARDS BETWEEN THE CITY
AND THE COUNTY URBAN AREAS.
MAKE PUBLIC SEWER AVAILABE TO AREAS THAT ARE IN CLOSE
PROXIMIYT TO SERVICES.
EXPAND THE ABILITY OF THE CITY TO SERVE THOSE AREAS
OUTSIDE OF THE EVERGREEN SEWER DISTRICT BOUNDARIES.
AREAS OF THE CITY CURRENTLY USING ON -SITE SEWAGE
TREATMENT SYSTMES WILL BE CONNECTD TO PUBLIC CITY SEWER.
HAVE ADEQUATE CAPACITY WITHIN THE WASTE WATER TREATMENT
PLANT TO ACCOMMODATE FUTURE DEVELOPMENT.
WHEN NEW WATER MAINS ARE INSTALLED CONSIDERATION
SHOULD BE GIVEN TO THE FUTURE NEEDS OF THE AREA.
STORM WATER MANAGEMENT FACILITIES BE ADEQUATE FOR ALL
OF THE URBAN AREAS.
BUILD A NEW FIRE SUBSTATION IN THE NORTHERN PORTION OF THE
CITY TO SERVE CURRENT AND FUTURE DEVEOPMENT IN THE AREA.
4
CHAPTER 4
POTENTIAL UTILITY SERVICE AREA
The potential utility service area is a projected Potential Utility Service
Areawhere it is anticipated that municipal services can or may be extended
over a period of the next one to 20 years depending upon needs and demand.
The boundaries of the potential utility service area are projected based on
prevailing and anticipated growth trends, with consideration given to growth
stimulants as well as growth deterrents or impediments. Population and
economic trends that affect community growth or decline are critical factors
that have been considered in order to determine the potential service areas.
ECONOMIC CONDITIONS AND TRENDS
Kalispell is the largest municipality in Flathead County. The Flathead Valley is
the economic hub for a five -county area. The valley is home to a population of
roughly 77,000 people though its retail, financial, professional and medical
services are utilized by more than 125,000 people that reside in the five -county
trade area. Kalispell and its immediate environs contain approximately 30,000
people and encompass a retail trade area of approximately 31,000 square
miles. The retail activity which as historically been strong, is on the rise.
Additional documents can be consulted for information relative to the area's
socioeconomic trends and conditions: the Kalispell Growth Policy 2020
Resources and Analysis Section, the 2001 Update of the Flathead County
Overall Economic Development Plan, the Kalispell Area Transportation Plan,
the 2000 Federal Census, Flathead Gauges 2003, and the Kalispell Area
Chamber of Commerce Annual Profile.
The area's population continues to expand at a steady pace with the potential
for unprecedented growth over the next twenty years. The Kalispell Growth
Policy indicates that Flathead County's population could increase by another
30,000 in that time - an astounding 40% increase. According to the 2000 US
Census, Flathead County has seen a growth rate of 25.6% between 1990 and
2000 while the State of Montana during that same period grew at half of the
county rate posting a 12.9% increase. Kalispell itself grew at a rate of 19.4%
during the same decade reaching a 2000 population figure of 14,223,
PHYSICAL GROWTH TRENDS
The city population only grew by 2,000 people from 1940 to 1990 and did not
significantly expand its physical boundaries prior to this time. However,
growth has accelerated since then. In 1990, the physical area of Kalispell was
4.4 square miles; by the end of 2003 the city contained 7.5 square miles, a 70
percent increase in land area and a physical growth of 3.1 square miles. This
growth trend appears to be accelerating since in the last five years from 1999 to
2003 the city has grown to include and addition 1,238 acres (1.94 square
miles) as shown below. These figures indicate that the land area of Kalispell
grew by 34.9 percent during this five year period which statistically represents
an average annual growth rate of 6.24 percent.
5
Kalispell Land Annexations
1999-2003
Year
Acres
annexed
Sq. miles Annual area
annexed I growth rate
1999
122
.19 ; 3.4%
2000
1 195
.31 15.4%
1 2001
512
.80 13.2%
2002
83
.13 1.9%
P 2003
326
.51 7.3%
TOTAL
1,238
1.94 1 34.9%
The city is currently experiencing significant growth pressure. There exist
certain "influencing factors" which can either stimulate or impede the direction
or rate of the physical growth of a city. In conjunction with the ability to
provide services, these influencing factors must also be given consideration in
the establishment of future service and growth area boundaries.
Impediments to growth
The identified impediments to growth in and around Kalispell are floodplains,
soils unsuitable for development, and steep slopes (see Figure 1). In addition
to these environmental limitations, existing and proposed rural low density
residential and commercial development on individual sewer and water services
k a sig-nificant imnediment to lopira? urban exnansion around Kaiisneli.
Finally, the presence of the Evergreen Water and Sewer District serves as a
physical barrier to the immediate east.
Floodplains are those areas that are subject to periodic flooding. While
development adjacent to waterways and shorelines has historically been
desirous, and at times necessary, there are associated costs, including loss of
life, property damage, and the disruption of business. Floodplains have both
value and function; development on and modification to these lands, however,
can have adverse affects on not only water resources, but on living and cultural
resources as well. Floodplains associated with the Whitefish, Stillwater and
Flathead Rivers and their respective drainages east of Kalispell are a limiting
factor with respect to urban growth in that direction.
Soils unsuitable for urban development: The existence of certain types of soils
renders some areas of the valley unsuitable for urban development because of
one or more of the following properties. alkalinity, salinity, acidity, or slow or
rapid permeability. For the most part these soils occur south of the present
city limits, and to a lesser extent to the west. Although some soils may be
unfavorable for development, most disadvantages can be overcome through
engineering solutions and construction techniques. It should be noted that
while the disadvantages these soils present can be overcome, such
circumstances will likely result in added expense to the public in providing
6
services such as streets, sewer and water service, and storm drainage, and to
the property owner in terms of construction and engineering costs.
Slimes generally exceeding fifteen percent (15%) are considered an impediment
to urban development and 30% an outright prohibition. Development on such
slopes, including buildings, roads, driveways and other improvements, can
have significant impacts on existing drainage patterns, riparian vegetation,
wildlife, adjacent (particularly downhill) properties, and the existing natural
scenic qualities of the community. While the City of Kalispell is generally
situated on the valley floor, there are instances of steep slopes southwest of the
city and along certain segments of the Whitefish and Stillwater rivers.
Rural low density development: While approximately 15,000 people live within
the city of Kalispell, it can be roughly estimated that approximately and an
equal population lives within 3 miles of the city of Kalispell. In many cases this
rural population has completely ringed sectors of the city. On the north, west
and south sides of the city, this type of development is typified as having lot
sizes of 1/2 acre or larger, single family residential in character and served by
individual or private septic and well. The low density character makes it
extremely costly to serve with municipal services. Additionally, it adds
considerable expense, and in some cases serves to be cost prohibitive to by
pass or extend services beyond to the next vacant developable tract of land.
Evergreen County Water and Sewer District: On the east side of Kalispell lies
Evergreen., an unincorporated community built to a quasi urban density.
(Figures 2 & 3) The Evergreen County Water and Sewer District encompasses
the heart of Evergreen. The District operates a public wafter system which
serves a significant population in the Evergreen area including a small area
within the Whitefish Stage Evergreen Drive area of the city of Kalispell.
Additionally, the District operates a sewer collection system within what is
called the Evergreen RSID, an area smaller than the water service area. The
District, via a contract with the city of Kalispell, transports the District's
effluent to the Kalispell sewer treatment plant for final treatment and disposal.
The presence of this District on the east is a physical and political barrier. At
present, there appears to be no advantage on the part of the city to explore
annexation of portions or all of the Evergreen District
Growth Stimulants
Growth stimulants can be defined as any pressure exerted upon a city which
may cause or encourage that city to grew in a particular direction. Growth
stimulants may be physical factors such as a scenic environment or a
proximity to services and/or utilities. A desirable quality of life and a strong
economy can also stimulate the growth of a city. The physical beauty of the
Flathead Valley and its perceived quality of life has spurred substantial growth
in recent years. The greater Kalispell area is expected to continue to attract its
share of the area's overall population growth, mainly due to its role as the
Flathead County seat, and the retail, medical, financial and service hub of the
area.
7
Prevailing Growth Patterns
The prevailing growth patterns in the Kalispell area, and the probable growth
stimulants associated therewith, are as follows:
- North, along Whitefish Stage Road
This area is generally served by both sewer (city of Kalispell) and water
(Evergreen Water District), is proximate to city amenities and an elementary
school. There are established suburban subdivisions in the vicinity - Mission.
Village and Hillcrest Estates - and there are subdivisions under construction -
Village Greens and Glacier Meadows. North of Reserve Drive, there is potential
for the expansion of an existing neighborhood business center at Reserve and
Whitefish Stage, and there is significant developable land for future residential
neighborhoods all the way north to Rose Crossing.
- North, along highway 93, south of Tronstad Road
The Kalispell Regional Hospital complex has undergone a significant
expansion, the Buffalo Commons retail/professional complex north of the
hospital is nearing build -out, the Greenery location is redeveloping as an
office/residential project, the College is in the process of a significant
expansion, the Kalispell Youth Sports complex continues to develop, Mountain
View Plaza and the first commercial phase spring Prairie on Section 36 are well
under way and municipal water and sewer have been extended to the
intersection of US 93 and Reserve. All of these factors are contributing to
significant interest, primarily commercial, on North US 93. A regional retail
mall has been proposed and approved by the county approximately /2 mile to
the north of the current city limits between US 93 and Whitefish Stage. This
area is within the Potential Utility Services Area of the city, if developed, this
will serve to be a significant magnet for future growth and development.
- North, along Highway 2 north of Reserve
Commercial development along the Highway 2 strip through Evergreen has
continued at a sustained basis although slowing as the commercial engine of
the valley has shifted over to US 93 north in the past 2 years. There is still
significant vacant land north of and adjacent to the Evergreen Water and Sewer
District available for development. Highway improvements, the availability of
water and the potential for public sewer and its proximity to Kalispell continue
to place the spotlight on this commercial strip primarily along US 2. Potential
for residential development to the east of US 2 is also prevalent.
- South, along South Woodland Drive and Kelly Road
Developable land continues to decrease as the recently approved Willows
Subdivision is built out and Leisure Heights and Muskrat Slough are now
under construction. Growth stimulants in this area include the proximity to
city amenities, the availability of city services and utilities, existing, though
limited, infrastructure, and a limited inventory of undeveloped land.
8
- South along US Highway 93 South
Sewer and Water mains are being installed from the city limits to Four Corners
as part of the Highway 93 re -construction project_ This will spur the hook up
and annexation of existing commercial development along the highway. It will
also open up significant vacant lands immediately south of four corners for
commercial, industrial and residential development.
- South, along Airport Road
Residential subdivision activity continues in this area because of the
availability of city utilities, excellent transportation infrastructure and the
proximity to Kalispell and its amenities.
- South, below Sunnyside Drive, East of Valley View Drive
Residential subdivision activity continues in this area at a rapid pace because
of
vi 1-11Qraill-1114 of rri1-�Xt 1l 414foQ and tl-mto a4 4
.s———u.—,i_t+'y amenities.
- Southwest, in the Foy's Lake area
This area is experiencing steady residential development as it affords residents
a rural lifestyle within minutes of the amenities Kalispell has to offer.
- West, in the Three Mile Drive, Stillwater Road, West Reserve Drive area.
City utilities have recently been extended down Three Mile to Stillwater Road
and north 1/2 mile along Stillwater. This and the significant presence of vacant
developable land and a major street system (Three -Mile, Stillwater, Reserve
Drive and a planned by-pass) have created tremendous interest and potential
for residential development.
- Infill, where available
There is not an abundance of undeveloped land within the city, but there are
areas with development and redevelopment potential. Neighborhood plans,
serving as amendments to the City Growth Policy, have been developed and
adopted for the Kalispell City Airport and its environs, and the North Meridian
Road area between Highways 2 and 93 in the northwest sector of Kalispell. The
adoption of these plans will help facilitate appropriate development in each
neighborhood. There are also existing residential areas in south Kalispell that
could accommodate additional density through the extension of city utilities.
9
Proiected Growth Area
it is recognized that there are no overwhelming barriers that would impede the
physical growth of the city during the next five years. The Flathead River and
the Evergreen Sewer District to the east and the Lone Pine bluffs to the west
will limit logical city expansion in those specific areas but such impediments
are not critical in the short term. Existing low density rural development on
private septic systems and wells to the east on Two Mile and Foys Lake Road
and in the southeast in the Willow Glen/Conrad areas will also limit logical
expansion.. The growth stimulants discussed above, particularly the
availability of city utilities and vacant developable land will presumably steer
the future urban growth of the City of Kalispell.
Kalispell Potential Utility Service Area
The boundaries of the Potential Utility Service Area of Kalispell are presented in
Figure 4. As was stated in the introduction, the establishment of the Potential
Utility Service Area was critical in the preparation of the Extension of Services
plan. The urban services boundary was prepared based on the City of Kalispell
Water, Sewer and Strom Water Drainage Facility Plan prepared by HDR
Engineering, Inc/ Morrison Maierle, Inc. / & Land and Water Consulting hand
in hand with the update of the City Growth Policy.
10
CHAPTER 5
EXTENSION OF CITE' SERVICES
Concurrent with reviewing the above information to determine the potential
utility service area is the need to assess the City's existing utilities, services
and infrastructure. Water, sewer and storm sewer facilities were the subject of
the comprehensive study - City of Kalispell Water, Sewer and Storm Drainage
Facility Plan dated July of 2002. In addition, fire and police protection, solid
waster disposal and streets were the subject of the recently adopted Kalispell
Growth Policy 2020.
A number of studies have been done to determine the effects of various types of
development on a municipality's cost outlays. These studies have consistently
shown that the net public costs resulting from low -density sprawl development
and higher than those resulting from higher density developments of the same
number of homes. In simple terms, it costs more to extend sewer and water
service, to provide police and fire protection, to fund road repair, to send out
school buses, and to provide refuse collection service when homes are spread
out than when they are proximate to existing services and facilities.
In order to achieve compact, orderly and efficient urban growth, plans for the
extension of municipal services into growth areas must be developed and
implemented. In addition to identifying the services available and a plan to
physically provide those services within a defined service area, it is also
essential to both identify the party responsible for service extension and a
method of financing the extension.
The services which are considered for extension into the future growth areas of
the city are streets, sanitary sewer, storm: sewer, water, police protection, fire
protection and solid waste collection.
STREETS
The transportation network within and around a community plays a,
significant role in its physical development and growth. This network of
streets, roads and highways should be coordinated to form a system that not
only provides efficient internal circulation, but one that also facilitates through
traffic. Since streets serve two basic functions, moving traffic and providing
access to abutting lands, each street should be classified and designed for the
specific function or combination of functions that it is to serve. This
functional classification system forms the basis for planning, designing,
constructing, maintaining and operating the street system. Street
classification can also be used as an equitable and practical method of
allocating responsibility for street and road construction expenditures. For
these reasons urban streets are generally designed and developed in a
hierarchy comprised of the following types:
iI
Major Arterials
A major road or highway with moderate to high speeds and high traffic
volumes. Major arterials provide access to the regional transportation
network, and move traffic across the county and between cities and
communities. Access to abutting lands is limited. Traffic volumes would
typically exceed 15,000 vehicles per day.
Minor Arterials
A major road with moderate speeds designed to collect or move traffic
from one major part of the community to another or to move traffic to
and from the major arterial. system. Traffic volumes would generally
range from 5,000 to 15,000 vehicles per day.
Collectors
A secondary or intermediate street with moderate speeds and low to
moderate volumes. Such streets would collect local traffic from
neighborhoods and carry it to adjacent neighborhoods or transfer the
traffic to the arterial system.. Such streets would typically serve a
neighborhood or area with 150 or more dwellings and carry 1,000 to
5,000 vehicles per day.
Local
Minor streets intended to serve individual sites, buildings or lots. Local
streets either feed into collectors or provide destination access off of
Collectors.
Streets within the Kalispell City Growth Policy area are listed according to
functional classification in the Growth Policy. The Kalispell Area Transportation
Plan. (KATP), which has been adopted as an integral element of this plan
illustrates the major street network (pp. 03-68, KATP). This proposed network
is based on the transportation plan's travel demand projections for the year
2015. The City of Kalispell street system is comprised of more than 90 miles of
streets and alleys, and sorne 2500 acres of public rights -of -way.
The KATP has identified priority projects for the Kalispell and surrounding
street systems, which, if implemented, will achieve the proposed Major Street
Network and result in a benefit to existing traffic system performance. The
proposed improvements will also serve future development needs as urban
development expands into the adjacent rural areas surrounding Kalispell. The
plan, in addition to identifying deficiencies and recommending improvements,
also gives cost estimates for the improvements and identifies funding
responsibility.
The priority projects identified in the KATP involve, for the most part, either
arterials or collectors, which are typically the responsibility of federal, state or
12
local governments (or a combination thereof), with respect to construction and
maintenance. All new development, pursuant to annexation, which further
impacts the existing or proposed street network, will be subject to conditions of
approval intended to mitigate said impacts. It will be the responsibility of the
developer of a new subdivision to provide local streets built to city standards,
including curbs, gutters, sidewalks, boulevards, street signs, street lights and
street trees. Standards for such improvements are contained in the City of
Kalispell's Subdivision Regulations and the City's Standards For Design and
Construction. The Policy section of this plan details these requirements.
STREW MAINTENANCE
The City of Kalispell plows dedicated streets within the incorporated area, while
the Montana Department of Transportation plows U.S. Highways 2 and 93
through the city. As annexation occurs the same plowing procedures will be
followed. The present equipment is generally considered adequate for the city's
snow plowing needs, although in the event of an unusually heavy snowfall the
City will contract with local operators for assistance. The need for additional
equipment and personnel should be determined and coordinated as the city
grows.
The City of Kalispell also levies a Special Street Maintenance Assessment on
properties within the city. This assessment provides for the salaries of the City
street sweeper operator and support expenses associated with sweeping and
flushing streets, leaf removal, snow removal and sanding/de-icing services.
Currently, the assessment is $-0086 per square foot of land.
SANITARY SEWER
A sewerage system is a network of sewers used to collect the liquid wastes of
the city for subsequent treatment. The location and capacity of main sewer
lines and treatment plants are a factor in determining both the density and
location of development within a community. Generally, the design of main
sewer lines and plant capacity is reflective of anticipated land uses and
population projections of a predetermined "service" area.
Sewage is collected by a gravity flow system, wherein sewer lines are laid out in
a manner as to flow continually downhill. Where grades are insufficient to
provide gravity flow, pumping of the sewage becomes necessary. Adding pump
stations to the system correspondingly adds expense and maintenance needs
and is generally discouraged. The City system currently contains more than 75
miles of sewer mains and 23 sewage lift stations. Figure 2 shows the Sewer
Service Areas.
The City of Kalispell operates a wastewater treatment plant which provides
tertiary level treatment with advanced biological nutrient removal. The plant is
located on the south edge of the city on Airport Road. The treatment plant is
designed to accommodate a flow of approximately 3.1 million gallons per day
(rngd). A plant of this capacity is able to serve a population of approximately
31,000. The plant is currently treating an average of 2.4 rngd of effluent.
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High groundwater infiltration and storm runoff inflow have a negative impact
on the City's collection system. Infiltration and inflow are extraneous waters
which can enter the sewer system and thus reduce the sewage carrying
capacity of the sewer, pump station and treatment systems. As the amount of
infiltration and inflow is reduced, the ability of the plant to serve a larger
population is increased. Much of the storm runoff inflow has been eliminated
through the construction of underground storm drainage facilities, elimination
of cross connected stormwater catch basins and disconnection of roof drains
from sanitary sewer lines. As the City's street reconstruction program
continues, storm drainage is being improved. And, as redevelopment of older
buildings in the core area of the Kalispell business district continues the
infiltration of stormwater via roof drains will be greatly reduced.
The residents of the Evergreen area are served by the Kalispell wastewater
treatment plant via the Evergreen sewage collection. system. This collection
facility was constructed in 1993-94 and is owned and operated by the
independent Evergreen Water and Sewer District. The system consists of 38
miles of conventional gravity and small diameter sewer lines, 23 lift stations
and 10 miles of pressurized sewage force mains. The system is designed to
serve 2,500 to 3,000 customers and by contract is allotted a 22% share of the
City of Kalispell wastewater treatment plant's current operating capacity (more
specifically, this contract volume is set at 682,000 gallons per day.) Figure 2
also shows the Evergreen Sewer RSID boundary.
The design of new sewage collection systems must meet the current
requirements of the Montana Department of Health and Environmental
Sciences, the Montana Public Works Standard Specifications, the City's
Standards for Design and Construction and the policies for extending services
described in this plan.
Most of the Kalispell service area which is not developed at this time will, upon
development, require new sewage lift stations or will impact existing sewage
pumping facilities. The major exceptions are certain areas west of town, where
in some cases gravity sewer extensions can be designed to serve the areas
adjacent to the current city limits. However, as development continues further
west, sewage lift stations will be necessary.
Throughout the Kalispell sewer service area there are several high density
residential neighborhoods utilizing septic sewage disposal. Properties served
by septic systems inside the city limits include lands east of Dry Bridge Park
along Woodland Avenue and South Woodland Drive, and scattered lots west of
Highway 93 and north of Three Mile Drive. As development occurs near and
around these areas provisions should be made to bring them onto the City
sewer system.
Outside the city limits, Kalispell is ringed by areas of low density residential
development with septic sewage disposal. These include the Raxnsgate and
North Haven subdivisions on the northwest, the Two Mile Drive (west of Spring
Creek) and Foy's Fake areas on the west, scattered development on Willow Glen
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Drive between Twin. Acres Drive and Conrad Drive on the east, various
subdivisions on Whitefish Stage Road on the northeast, and the Country
Estates and Mountain Villa developments on the north. These areas, as well as
the Evergreen sewer special improvement district, comprise the City of Kalispell
sewer service area as shown on Figure 4 (Potential Utility Service Area reap).
During the next five years, and beyond, the influences of continued property
development, failing septic disposal systems, and the State's Water Quality and
Non -degradation Rule will combine to bang many of these areas onto the City's
sewer system.
Sewer extensions associated with the Evergreen force main are governed by the
policies of the City of Kalispell, as properties served by those extensions will
also be customers of the City of Kalispell. The Evergreen force main is a 14-
inch-diameter, 5-mile-long pressurized sewer main, designed to carry over
700,000 gallons per day of liquid sewage; the policy for extensions from this
force main are intended to limit the possibility of damage to this vital link
between the Evergreen and Kalispell systems or of an interruption of service.
Connections will be limited to pressurized force mains from lift stations serving
neighborhood collection systems and, to minimize the number of connections
to the 14-inch force main, each neighborhood lift stationn will be designed to
maximize its potential service area.
Detailed engineering studies are required to determine the best location for the
sewer lines and lift stations based on individual development proposals, with
consideration given to the long range needs of the area(s) surrounding the
development site.
STORM WATER MANAGEMENT
Storm water runoff is the water flowing over the surface of the ground during
and as a result of a rainfall or as a result of a snow melt. The primary goal in
the management of storm water runoff is, through the provision of appropriate
facilities, to minimize hazards to life and property. This is accomplished by
using storm sewers to collect and carry rain or surface water to a natural water
course or body of water in such a way as to prevent flooding and the resultant
damage.
There are eighteen primary storm water drainage outfalls in the city. These are
detailed in the City's Water, Sewer and Storm. Drainage Facility Plan dated July
2002.
The remainder of the city has, for all practical purposes, no storm sewer
infrastructure. Storm water is drained by flowing along gutter lines and in
streets. Most recent developments within the city limits which are unable to tie
into existing systems utilize less complex, on -site means of handling storm
water.
As new city streets are constructed, and as existing streets are improved, storm
drainage infrastructure will be installed or improved. Those persons developing
property have the responsibility to convey storm water from their property to an
is
appropriate point of disposal. The quantity and rate of runoff from a developed
piece of property should not exceed that which would occur had the property
remained undeveloped.
The City also levies a Storm. Sewer Maintenance Assessment on properties
within the city limits. Assessments are based on the classification of the
property according to use, and range from $0.00323 to $0.0052 per square foot
of land area.
Clean Water Act regulations now require storm water management plans for
urban areas with populations in excess of 10,000. The City worked in
partnership with the Montana Department of Transportation to develop a
comprehensive and jointly used storm water management program for the
Kalispell Urban Area. This plan was submitted to the Montana Department of
Environmental Quality for that agency's review and approval.
WATER
It is the stated mission of the City of Kalispell Water Department to provide
safe, potable and palatable water for the needs of the domestic, institutional,
industrial and commercial consumer and to provide adequate pressure and
flow to meet fire fighting and irrigation needs. As growth expands into areas
served only with on -site waste disposal facilities (septic and cesspool systems),
on -site water supplies become more susceptible to contamination. Figure 3
shows the Water Service Areas.
Additionally, the proliferation of aging septic tanks and cesspools found in the
fringe areas of the city poses a threat to the aquifers that provide the
community's water. Therefore, as a measure to insure- the public health, it is
desirable to make the public water supply available to those areas contiguous
to the city. In order to facilitate the preservation of safe potable water supplies,
the City has partnered with the Montana Department of Environmental Quality
to prepare comprehensive Source Water Assessments for all public water
supplies in the Kalispell area. This effort covered all large and small public
water utilities regulated by MDEQ and totals nearly 60 such systems for the
Kalispell area. Copies of these individual assessment reports are on file with
each public system as well as at the Kalispell Public Works Department where
copies of all the reports are maintained.
Water for the City of Kalispell is supplied by a publicly -owned system of water
wells and a natural spring. The pumping station at the spring has three
pumps with capacities of 3,000, 2,500, and 2,000 gallons per minute (gpm)
respectively. The three pumps are capable of simultaneously pumping between
6,100 and 6,200 gpm, but by agreement with MDEQ, pumping is regulated to a
maximum of 2,000 gpm.. Chlorination is the sole treatment method for the City
water supply. In addition to the spring, there are four wells which provide
additional water supply from an average depth of 250 feet. The well crater is
also treated by chlorination to ensure the water remains free of potentially
harmful bacteria. The wells are located at the south edge of the city in the
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vicinity of the National Guard Armory, in the center of the city near Depot Park,
on Grandview Drive near Flathead Valley Community College and on Buffalo
Dill.
Water storage tanks are used to equalize pressure throughout the 77 mile -long
distribution system and to provide emergency supply in case of an interruption
of pourer or a failure of pumping equipment. They also provide the flow
necessary to meet peak demands. The amount and location of stored water
also represents a key component of the water system's ability to deliver water
for the purpose of fire suppression. The City currently utilizes two storage
tanks with capacities of 2.7 million gallons and 1.7 million gallons respectively.
A nearby booster station pumps water into an elevated tank with a 100,000
gallon capacity. This system serves the upper level pressure zone - those areas
of the city generally lying above 3,000 feet in. elevation. The City's water system
is described in detail within the City of Kalispell Water, Sewer and Storm Sewer
Drainage systems facility plan dated July 2002.
Under the requirements of the Federal Safe Drinking Water Act (SDWA), the
water supply is tested for a wide variety of contaminants on a regular basis.
Extensive testing for coliform bacteria, giardia cysts, lead and copper, and a
wide range of solvents and pesticides has shown that Kalispell's water is of the
highest. quality. Pending SDWA requirements include additional testing and a
comprehensive backflow prevention program to prevent contamination through
siphonage or back -pressure.
This water service plan is developed to guide the extension of water mains into
areas of growth as and when development occurs. The plan is based an the
objective of providing adequate water flow to meet household, commercial,
industrial and irrigation demands, while meeting fire protection needs as well.
The distribution system must be able to deliver water in sufficient quantity to
all residents at all times. Ideally, a water distribution system is of a grid layout
with supply and storage facilities strategically located to equalize pressure
during periods of heavy demand. Dead --end lines should be avoided to
eliminate stagnant water and to reduce the number of customers who would be
out of water during periods of line repair.
The provision of water for fire fighting purposes is as important as the
requirements required for domestic and commercial uses, and must be
considered when evaluating transmission, storage and distribution facilities.
Although structure size and type to a large degree determine fire flow
requirements, certain areas of the city and its environs, based on anticipated or
potential land uses, have been identified as needing specific fire flows. As a
point of reference, for single -story structures the available fire flow should be a
minimum of 1,000 gallons per minute (gpm).
The Evergreen Water District operates a municipal community water system
which originated in 1968. (Figure 3) The present system consists of a series of
wells with average daily capacity in excess of 2.25 million gallows. The system
also includes a ground -level storage tank with a capacity of 1 million gallons.
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Any discussion of Kalispell's water service area excludes those areas served by
the Evergreen Water District.
SOLD WASTE MANAGEMENT
Solid waste management - the collection and disposal of solid refuse is
provided within the city by both the municipality itself and by private haulers.
The majority of households within the city are served by the public utility,
while the bulk of the businesses in town are served by private haulers. Refuse
collected within the city limits is transported to the Flathead County landfill
located approximately five miles north of Kalispell.
The City provides weekly residential pick-up of refuse for an annual fee,
presently $90.00, while businesses receive, if seeded, multiple pickups each
week. The City utilizes side -arm loading packer trucks and rear loading
packer trucks for collection and transportation of garbage to the landfill. The
demand for solid waste collection is directly proportional to the size of the
community. Therefore, as the City of Kalispell accepts annexations, its solid
waste service area will increase as well.
The extension of this service to newly -annexed areas is subject to the
provisions and limitations of 7-2-4736, M.C.A., as follows:
A municipality that annexes or incorporates additional area receiving
garbage and solid waste disposal service by a motor carrier authorized
by the public service commission to conduct such service may not
provide competitive or similar garbage and solid waste disposal service to
any person or business located in the area for 5 years following
annexation, except:
a. Upon a proper showing to the public service commission that the
existing carrier is unable or refuses to provide adequate service to
the annexed or incorporated area; or
b. After the expiration of 5 years, if a majority of the residents of the
annexed or incorporated area sign a petition requesting the
municipality to provide the service.
2. if a proper showing is made that the existing carrier is unable or refuses
to provide adequate service to the annexed or incorporated area or, after
the expiration of 5 years, if a majority of residents sign a petition
requesting service from the municipality, the municipality may provide
garbage and solid waste disposal service to the entire annexed or
incorporated area.
3. For the purposes of determining whether an existing motor carrier
provides adequate service, those services provided by the carrier prior to
annexation are considered adequate services.
1S
FIRE SERVICES
The Kalispell Fire Department is an all career department providing service
throughout the city and in addition ambulance response to not only the city
but an area of about 40,000 residents outside the city. Montana State Code
prohibits the department from having volunteers or paid -on -call firefighters
because our city has over 10,000 residents. The department currently has
twenty-one extensively trained firefighter paramedics. The department has
three shifts, providing five to seven personnel on -duty, twenty-four hours a
day, seven days a week. The city enjoys a fire insurance rating of "5" with all
areas of the municipality equipped with fire hydrants.
The Kalispell Fire Department responds to a wide variety of situations ranging
from residential, commercial, wildland, and .non-structural fires, fire and
sprinkler alarms, hazardous materials incidents, vehicle extrications and other
technical rescue situations within the city.
In addition to fire suppression, the department provides fire prevention
services, including public education, code enforcement, and fire investigation.
The prevention division is comprised of a fire marshal and fire inspector who
work closely with the Kalispell Building Department and Public Works
Department to insure that new commercial and residential subdivision
construction projects meet fire and life -safety codes.
Ambulance services
The Kalispell Fire Department also provides paramedic advanced life support
and ambulance transportation using the cross -trained firefighters. The
department has four Class A ambulances and responds to about 3000 requests
for ambulance transport each year. The service area includes the city limits or
growth policy area and extends 14 miles north, east and west of the city and for
25 miles to the south for emergencies.
Fire Facilities
Kalispell Fire Department responds out of a single station located in Kalispell
City Hall, 312 1-z Ave E. The facility was built in 1967, and houses three fire
engines, one ladder truck, four ambulances, and a wildland engine. The
building also houses the administrative offices and the upstairs portion of the
facility is the firefighters living quarters_ This portion of city hall is a secure
area; anyone entering this portion of the building must have authorization or
an escort.
The living quarter's portion of the building was designed for up to four people
on -duty. There are now seven firefighters on -duty each shift New personnel
for staffing the a proposed north station will be added incrementally, and will
respond out of main station until the north station opens in 2006. At that
time, staffing at the main station will drop to six operations personnel.
,9
i
Future Needs
According to the Insurance Services Office, a city the size of Kalispell with its
present equipment and personnel should have a maximum response distance
of 1.5 miles for the closest fire engine and a maximum ladder truck response
distance of 2.5 miles. While half of the city meets this standard, a substantial
and growing area to the north, west and south is beyond the optimum service
area. Fire protection is currently provided to areas as far as 4.5 miles from the
downtown station with response tunes of 3 to 13 minutes for the first due fire
engine, 8 to 15 minutes for the ladder truck and 12 to 18 minutes for the
second fire engine.
To address the need for extended service, the location of a north fire station
has been identified, and the design process is underway. This station will be
located near the intersection of Highway 93 and Four Mile Drive. Personnel
and apparatus will be moved from the main station to this station when it
opens in 2006. This station will have four personnel on -duty each shift, a fire
engine, two ambulances, and a wildland engine. There will be room for the
eventual expansion to eight on --duty personnel, and an additional ladder truck.
Three additional locations are identified in the Kalispell Fire Department
Station Response Area Plan in addition to the existing station and the north
station under development. They include a west station. on Three Mile Drive, a
south station near Hwy 93 and Cemetery Road and a northeast station near
Reserve and LaSalle. This plan spans the next thirty years, and will be
adjusted as annexations occur and the population changes. (Figure 5)
It is imperative that the City search out and acquire property in these locations
early, before development reduces the locations available. This prevents the
City from placing fire stations in locations that are less than ideal.
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LAW ENFORCEMENT
The Kalispell Police Department, headquartered in Kalispell City Tull, has a
total staff of 38 in 2004. There are 29 officers on staff, 20 of which provide a
city-wide 24-hour patrol.
At any given time the Kalispell Police Department is influenced by a much
larger population than the 15,000 residents of the city. As both a tourist
destination spot and a regional retail, financial, medical and service hub, the
City of Kalispell is estimated to have an average daytime population of 40,000
during the peak summer months. These factors obviously impact the efficiency
and effectiveness of the police force. Other factors that impact the department
are the number, frequency and location of crimes and traffic accidents.
As the city grows both physically and in terms of population, it will be
necessary to staff and equip the police department accordingly.
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CHAPTER 6
POLICIES FOR THE EXTENSION OF CITY SERVICES OR UTILITIES
General Policies
The following general policies shall be followed for all properties to be developed
with or without annexation into the city of Kalispell:
1. It is the responsibility of the developer or property owner to design,
construct and finance all new public or private infrastructure. This would
include but not be limited to the water and sewer systems mains,
reservoirs, pump stations, culverts, storm water drainage systems,
roadways, sidewalks, curbs, gutters, landscaping street lighting and
necessary rights -of -way extensions. These would be designed and
constructed in accordance with the Kalispell Extension of Services Plan
and Kalispell Standards for Design and Construction. Infrastructure
improvements shall be of adequate size and design to accommodate the
needs of the proposed development. In the event that a development
creates impacts requiring off -site improvements, the Kalispell City Council
will determine whether the developer shall wholly or partially bear the
costs of such improvements.
2. The developer or property owner shall be responsible for providing water
systems that meet the projected domestic water and fire flow requirements
of the development and shall include all fire protection appurtenances and
recruired water flow rates and pressures determined by the Kalispell Fire
Department based on the land use, type of construction and compliance
with applicable codes.
3. Sewer systems shall be designed to avoid the use of lift stations where
feasible. Any lift station shall be reviewed and approved by the Kalispell
Public Works Department.
4. Any new development which creates additional impacts to the existing or
proposed roadway system will be responsible for the mitigation of impacts
attributable to the development.
5. Any development beyond city limits that is proposing to extend or connect
to City services or utilities, must file a Petition to Annex / Notice of
Withdrawal from Rural Fire District with the Kalispell City Clerk which will
be filed with the Flathead County Clerk and Recorders Office prior to the
provision of those services.
d. In certain circumstances the Kalispell City Council may determine that
certain properties proposed for development and connection to City
services or utilities should not be immediately annexed. The developer or
property owner shall file a Waiver to Protest Annexation / Notice of
Withdrawal from Rural Fire District with the Kalispell City Clerk who will
record the document at the Flathead County Clerk and Recorders Office.
22
The waiver to protest annexation shall be a covenant that runs with the
land and shall not be affected by changes in ownership. Withdrawal from
the rural fire district would not occur until such time as the property is
annexed to the city.
7. In certain circumstances the Kalispell City Council may determine that
certain property proposed for development and connection to City services
and utilities not be immediately annexed, but rather subject to the
creation of an annexation district. Property included in an annexation
district would be subject to the provisions of an agreement between the
City of Kalispell and the owners of the property included in the district.
S. Not withstanding any requirement herein that obliges a developer to install
all facilities required to serve a proposed development, the City Council, at
its sole discretion., may determine that certain critical facilities having a
wide and general benefit to the community in respect to fostering orderly
and thoughtful growth, may be designed and installed by the City. These
facilities may include, but are not necessarily limited to, road or storm
drainage systems, and major installations or extensions of interceptor
sewers and water mains having the ability to serve large areas anticipated
to develop in accordance with the City's Growth Policy Plan and then.,
upon development, to annex to the City.
a. With respect to utility systerris and the potential extensions
thereof, funding of said extensions shall be accomplished with
System Development Charges (SDC) collected from new City
utility customers and reserved specifically for the construction of
growth -related improvements of the City's utility systems.
b. With respect to road and storm drainage systems, funding shall
be accomplished in a manner determined by the City Council. In
pursuit of this policy objective, the City may also, at its sole
discretion, determine that installation of any or all of said
facilities, including utility systems, may best be accomplished
through a public/private partnership with a developer.
c. For any improvements installed with resources derived from the
City's utility SDC accounts, said accounts shall be reimbursed for
the expenditures either through a system of surcharges upon and
above the regular SDC fees for said systems, developed in the
same manner as described in the section herein for late -comer
fees related to Developer Extension Agreements, or alternatively,
through annual revisions of said SDC fees.
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Policies for the Extension of Services to Undeveloped Areas
Each development should be considered an integral component of a
comprehensive system of the City. Therefore, any development or subdivision
of property within the Potential Utility Service Area shall be designed and
constructed based on urban standards. These may be standards adopted by
the City of Kalispell and the Kalispell Standards for Design and Construction,
Flathead County, the Montana Department of Environmental Quality, the
Flathead City -County health Department to ensure that a high quality
standard is adhered to an maintained.
f . Any development or subdivision of land outside the city limits but within.
the Potential Utility Service Area that requests connection to City utilities
or is required to connect to City utilities_ shall be reviewed by the Kalispell Site Development Review Committee and the Kalispell Public Works
Department for comment. Review of these projects shall be done in
accordance with an agreement between the City of Kalispell and Flathead
County.
2. In the event that properties are not to be immediately annexed to the city,
the City shall require that said new development and associated utilities
be constructed in accordance with the standards and policies contained
herein.
3. Where construction of a sanitary sewer system or storm water
management system is being proposed, an assessment of the future needs
of the system should be identified and systems sized accordingly. It is the
responsibly of the developer or property owner to bear the cost of the
design and construction of sewer and storm water management systems to
meet the needs of the proposed development.
4. Where construction of a water system is being proposed, an assessment of
the future needs of the system should be identified and the system sized
accordingly. It is the responsibility of the developer or property owner to
bear the cost of the design and construction of the water mains and lines
to provide the required flows for the intended land use and fire protection..
24
5. It is the responsibility of the developer or property owner to provide all
required infrastructure improvements necessary to serve the development,
including roadways, future right-of-way extensions and easements;
extensions of water, sewer, and storm water management systems and to
bear the costs associated with the design and construction of the
necessary infrastructure. Under certain circumstances, the Kalispell City
Council may determine that an capsizing of the infrastructure is needed to
accommodate future development in the area and will participate in the
costs associated with the upsizing of the system(s).
6. Under certain circumstances, the Kalispell City Council may determine
that it is appropriate to approve and enter into a Developer's Extension
Agreement with the developer or property owners to provide for the partial
reimbursement of costs associated with construction of the infrastructure
which exceeds the capacity requirements of the development.
Policies for the Extension of Services in Developed Areas
As a general policy, properties within the Potential Utility Service Area that
have existing utilities and facilities shall be required to upgrade those
improvements to City standards and specifications as a prerequisite to
receiving City services or additional City utilities or services. In such
situations, the following policies shall apply:
1. Prior to making the municipal service(s) available to an existing developed
area within the service area, the City may require a report describing the
following:
a. The approximate year or period in which the existing area was
developed.
b. The location, size and condition of existing water lines or systems.
c. The location and condition of, the existing sewer system, including the
size, material and grades of all pipe.
d. The size, location and legal purpose of all existing rights -of -way and
easements.
e. The surface type, condition and width of all roadways.
f. The existing storm drainage into and out of the area.
g. The report shall also include the estimated costs associated with
correcting the deficiencies and bringing the utility or improvement to
City standards. The City may require such a report to be prepared by
a professional engineer, with the cost of the report borne by the
developer or property owner.
25
2. If the property is to be annexed, the City's annexation ordinance or
resolution shall specifically state the method and time frame for bringing
the existing utilities or services into compliance with City standards, and
shall identify the necessary improvement, the parties responsible for the
improvements and the method of financing the costs of the improvements.
9. If City services are to be provided without concurrent annexation, the
property owner shall submit a Waiver to Protest Annexation / Notice of
Withdrawal from Rural Fire District with the Kalispell City Clerk who will
record the document at the Flathead County Clerk and Recorders Office.
The waiver to protest annexation shall be a covenant that runs with the
land and shall not be affected by changes in ownership. Withdrawal from
the rural fire district would not occur until such time as the property is
annexed to the city.
10. A waiver to protest participation in the formation of any special
improvement district that may be created to upgrade existing City utilities,
services streets or other infrastructure shall be filed with the Kalispell City
Clerk who will record the document at the Flathead County Clerk and
Recorders Office. The waiver to protest participation in the special
improvement district shall be a covenant that runs with the land and shall
not be affected by changes in ownership.
Policies for the Cost of Future Services
It is the City's policy to insure that adequate funds are available for the long--
term replacement, maintenance and upgrade of the various components of the
physical plant and other infrastructure. To that end, the Kalispell City Council
has developed and adopted a fee schedule for utilities that will be implemented
through Systems. Development Charge "connection" fees, utility rates for
monthly service, and assessments for road and storm drainage.
1. For the purpose of setting aside adequate funds to replace components of
the physical plant, the following shall be considered as the estimated life of
each of the components:
a. Structures -
30 Years
b. Pipeline -
30 Years
C. Stationary Equipment -
20 Years
(motors, pumps, conveyors, etc.)
d. Asphalt Surfaces:
• Local Streets --
20 Years
• Collector St. -
15 Years
• Arterial St. -
10 Years
2. The amount to be set aside each year for the replacement of municipal
infrastructure components shall be the cost of construction, if new, or the
total estimated replacement cost divided by the remaining- number of
years of the life of the component.
26
3. It shall be the responsibility of the developer or property owner to extend,
and pay the cost thereof, all roadways and utilities from the existing City
facilities to the site of development in accordance with all City standards
and specifications and provide appropriate easements.
4. It shall be the responsibility of the developer or property owner to
construct all streets and utilities to the furthest boundaries of the property
to be developed in order to facilitate future development and to provide all
easements. Further, the developer shall be responsible for the mitigation
of all impacts associated with the development.
5. The ability of the City to increase existing utility or road system capacities
to meet the demands of growth is dependent upon the availability of
funding. If the City's ability to finance the necessary enlargement of utility
or road systems cannot keep pace with development, or if the
improvements schedule does not mesh with that of the developer, it shall
be the responsibility of the developer to finance and construct City -
approved alterations to the existing infrastructure sufficient to
accommodate future development. In the event of this occurrence, the
developer may be reimbursed for utility improvements by the City through
utility service connection fees for said development. Said reimbursement
shall not exceed the cost, including interest, of the improvements to the
existing City systern, nor shall the reimbursement exceed the value of the
connection fees for said class of improvement collected from the specific
development. Off -site improvements to the road system which exceed the
mitigation requirements for the development may be reimbursed through a
Developer's Extension Agreement. The City Council will determine the
eligibility for cost reimbursement of any road system improvement. In
general, improvement of the road system related to mitigating impacts
arising from a proposed development shall not be considered eligible for
cost reimbursement regardless of the potential for capacity enhancement
of the system which said improvement(s) may provide.
&. If the developer bears the costs of extending utility service improvements
of a size or capacity greater than needed to serve the proposed
development, or off -site road system improvements to the existing roadway
system are installed which exceed the mitigation requirements of said
development, a Developer's Extension Agreement may be entered into
between the developer and the City. This agreement, with a term not to
exceed tern. (10) years, allows the developer to recover excess costs
associated with the extension of said utility services by establishing a
surcharge upon the then current utility System Development Charge that
is proportional to the equivalent residential unit (ERU) cost of excess
capacity provided by the developer. The surcharge; shall be collected by
the City for reimbursement to the developer. Costs of eligible off -site road
system improvements shall be recovered in similar fashion through a
residential unit bate -Comer Transportation Development fee to be
assessed upon each new residential unit, or equivalent thereof that is
developed within the area benefiting from said improvements.
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a. The Developer's Extension Agreement shall identify the total capacity
of water and/or sewer infrastructure installed, expressed in equivalent
residential units (ERUs), the capacity required to serve the
development, in ERUs, and shall identify the available excess capacity
in ERUs. Fire flow capacity shall be deducted from the calculation
prior to determining ERU capacity. The development capacity, in utility
ERUs, so deteraiined shall then become the basis of capacity for
reimbursing eligible road system improvement costs.
b. The ERU cost of facilities needed to serve the developer's project shall
be identified and deducted from the total cost of utility and/or road
facilities installed. The remaining costs are eligible for reimbursement
and shall be apportioned in the manner described above to each new
parcel subsequently developed and using said facilities and shall be
collected as a surcharge upon the new development when approved by
the City Council.
C. The total connection surcharge or late -corner transportation
development fee shall be paid prior to connection to or the use of any
facilities covered by the Agreement.
d. A request for a Developer Extension Agreement must be made prior to
start of any facility construction to be included in the agreement. Said
request must identify the proposed facilities, all capacities and
preliminary estimates of cost to be included in the agreement.
e. Actual costs and capacities related to the potential reimbursement to
be derived from the Developer Extension Agreement must be reviewed
and approved for accuracy by the City Engineer within 30 days of
substantial completion of the work.
f. The City Council shall approve all Developer Extension Agreements
and the calculated SDC surcharges and late -comer transportation
development fees identified therein.
g. Once the Developer's Extension Agreement has been approved, the
document shall be recorded by the Kalispell City Clerk at the Flathead
County Clerk and Recorder's Office and filed as a lien against the
properties to be paid at the time future development occurs.
7. Financing the construction of new streets in a proposed development, or
the upgrading of streets in an existing developed area, shall be
accomplished in one, or a combination of, the following methods:
a. Use of private funds in connection with the development of a project.
b. Through the formation of a Special Improvement District (S.1.D.
WO
C. Federal or State grant funds, provided said funds are available and
their use for said improvements has been approved by the City
Council.
d. State Fuel Tax monies, provided said funds are available, that their
use for said purpose does not impair the normal maintenance of City
streets, and further provided that the use of said funds has been
approved by the City Council and is in accordance with all applicable
laws of the State of Montana.
e. General Obligation Bond funds issued by the City for improvements
having a benefit to the public beyond that related to a new project or
development.
8. If the City requires the customer or developer extending a sewer or water
line to install a facility of larger capacity than that required by City
standards for a particular project, the City may elect to pay the difference
in �cf 1ZPf[STAf>» tli�- turn 1;n�o Try ccinh
cost of excess utility line capacity, no Developer Extension Agreement for
excess costs will be permitted.
9. The City reserves the right to further extend sewer or water mains
installed by the preceding developer or property owner without paying
reimbursement to the developer or property owner.
10. Connection and user fees for properties located outside the city limits for
sewer and water services shall be charged in accordance with the then
applicable table of charges and fees for water and sewer services and
connections as set by the city council.
11. As new City streets are constructed, and as existing streets are improved,
storm drainage infrastructure shall be installed or unproved to City
standards. It is the responsibility of the developer to convey storm water
from their property to an appropriate point of disposal in compliance with
all Federal, State and City regulations for design, construction operation
and maintenance thereof. The quantity, quality and rate of runoff from a
developed parcel cannot exceed that which would occur had the property
remained undeveloped.
29
12. Any time property is annexed to the city, property owners in the area to be
annexed will be provided with full public services on substantially the
same basis and in the same manner as such services are provided within
the rest of the city. The cost of providing services such as fire, police,
street and utility maintenance as well as all general government services
shall be shall by all taxpayers of the city.
30
PETITION TO ANNEX
AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Petitioner(s) respectfully petition the
City Council of the City of Kalispell for annexation of the real property
described below into the city of Kalispell.
The Petitioner(s) requesting city of Kalispell annexation of the property
described herein and further described in Exhibit A hereby mutually agree with
the City of Kalispell that immediately upon annexation of the land all City of
Kalispell municipal services will be provided to the property described herein
on substantially the same basis and in the same manner as such services are
provided or made available to other properties within the rest of the
municipality. Petitioner(s) hereby state that there is no need to prepare a
Municipal Annexation Service Plan for this annexation pursuant to Section 7-
2-4610, M.C.A. since the parties are in agreement as to the provision of
municipal services to the property requested to be annexed.
The Petitioner(s) further herein express an intent to have the property as herein
described withdrawn from the Rural Fire District under
the provisions of Section 7-33-2127, Montana Code Annotated; and that
incorporated into this Petition to Annex is the Notice requirement pursuant to
said Section; and that upon proper adoption of an ordinance or resolution of
annexation by the City Council of the City of Kalispell, the property shall be
detracted from said district.
In the event the property is not immediately annexed, the Petitioner(s) further
agree(s) that this covenant shall run to, with, and be binding upon the title of
the said real property, and shall be binding upon our heirs, assigns, successors
in interest, purchasers, and any and all subsequent holders or owners of the
above described property.
This City hereby agrees to allow Petitioner(s) to connect and receive the utilities
from the City of Kalispell.
This City hereby agrees to allow Petitioner(s) to connect and receive all
available utilities from the City of Kalispell excluding solid waste services. MCA
7--2-4736 prohibits the city from providing solid waste services to this property
for a minimum of S years from date of annexation.
Petitioner/ Owner Date
Petitioner/Owner Date
NOTE: You must attach. an Exhibit A that provides a bona fide legal
description of the property to be annexed.
31
STATE OF MONTANA )
County of Flathead County
: ss
On this day of , before nee, the undersigned, a
Notary Public for the State of Montana., personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same.
IN WITLESS WHEREOF, I have hereunto set my hand and affixed my Notary
Seal the day and year in this certificate first above written.
STATE OF MONTANA )
County of Flathead County
: ss
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of 7 , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary
Seal the day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires:
32
WAIVER TO PROTEST ANNEXATION AND
NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT
The undersigned hereinafter referred to as Party (s) of Interest
respectfully petition the City Council of the City of Kalispell for the provision of
municipal services for the real property described herein in attached Exhibit A
subject o the following terns and conditions and any other agreements that
may be adjunct to this document.
The Party(s) of Interest are requesting City of Kalispell municipal sewer
or other services for the property described herein and further described in
Exhibit A and hereby mutually agree with the City of Kalispell that under
mutual terms, covenants, provisions, conditions and agreements, the Party(s)
of Interest, do hereby waive any and all right to protest annexation to the city of
Kalispell which the Party(s) of Interest may have or hereafter acquire, and waive
any and all right to protest any attempt or proceedings made by or on behalf of
the City of Kalispell, Montana, to annex to and make a part of the City of
Kalispell. The property is more particularly described on Exhibit "A" attached
hereto and which, by this reference, is made a part of this agreement.
The Party(s) of Interest do further hereby express an intent to have the
property as described in attached Exhibit A withdrawn from the
Fire District under the provisions of Section 7-33-
2127, Montana Code Annotated; and that incorporated into this Waiver to
Protest Annexation is the notice requirement pursuant to said Section; and
that upon proper adoption of an ordinance or resolution of annexation by the
04f�tr C'nlinril of flip C'i1-17 of €Calicnall the nrnnert-,T chnll ho Hetrgrterl frnrn gnirl
district. Withdrawal from the fire district shall not occur until such time as
the City Council of the City of Kalispell formally and properly adopt above
referenced ordinance or resolution of annexation.
Upon annexation of the land all City of Kalispell municipal services will
be provided to the property described herein on substantially the same basis
and in the same manner as such services are provided or made available to
other properties within the rest of the municipality. Party(s) of Interest do
hereby state that there is no need to prepare a Municipal Annexation Service
Plan for this annexation pursuant to Section 7-2-4614, M.C.A. since the parties
are in agreement as to the prevision of municipal services to the property
requested to be annexed.
The Party(s) of Interest further agree that this Waiver to Protest
Annexation is a covenant which shall run to, with, and be binding upon the
title of the said real property, and shall be binding upon any heirs, assigns,
successors in interest, purchasers, and any and all subsequent holders or
owners of the above described real property.
33
This City Council of the City of Kalispell do hereby agree to allow Party(s)
of Interest to connect and receive municipal server or other services from the
City of Kalispell.
Petitioner/Owner
Petitioner/ Owner
Please return this form. to:
Kalispell City Clerk
312 First Avenue East
Kalispell MT 59901
NOTE: You must attach an Exhibit A that provides a bona fide legal
description of the property to be annexed.
34
STATE OF NIONTANA )
ss
County of Flathead County
On this day of _ , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary
Seal the day and year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead County
Notary Public, State of Montana
Residing at
My Commission expires:
On this day of , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notary
Seal the day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires:
35