2. Extension of Services Policyof Kallsnell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 - FAX (406) 758-7758
MEMORANDUM
February 25, 2000
To: Chris Kukulski, City Manager
From: Jim Hansz, Director of Public Nyorks
Subject: Revised Policy Language for Extension of Servi&s Plan - Update
To follow up on the January work session where this issue was discussed, the March 1999
effort to revise the utility service extension policy included a draft of language that would have
provided the City Council an option when considering requests for service beyond City
boundaries. However, the ultimate decision of the Council at that time was to implement the
language now represented by the current policy. This was done with Resolution 4450.
My opinion is that the simpler the language of an amendment is, the better it will be for
encouraging a full discussion of the merits of future requests for service beyond the City's
boundary. At this point, the biggest issue would appear to be how the merits of a request are
assessed. Bozeman, Missoula, Great Falls and Columbia Falls provided their policies. Several
consistent elements were identified: a general willingness to consider service beyond their
boundary, a requirement to waive protest to annexation and the creation of SIDS, if required, and
a requirement that all costs for extending service are borne by the requestor. These are included in
our present policy. Missoula has the most detailed listing of the specific conditions to be met for
consideration of a request. There are several recurring themes of a general nature in all. These are:
• Is there a problem that will be abated, such as elimination of pollution?
• Does the request foster the orderly growth and development of the City?
• Is the property in an area that a logical and orderly annexation plan would
incorporate?
• Is the request in a defined service area for the City, and can the City's facilities
accommodate the request without detriment to the City?
• Is this request consistent with good utility and land use practice?
These themes can be summed up as an effort to answer the basic question "does this make
sense for the City?" Along this track, I believe recent history shows there are a few other
questions that should be considered.
• Will providing utility service and annexation of the property complicate delivery of
other services such as police, fire, and road maintenance?
• Will providing utility service without annexation create problems or complicate
annexation in the future?
• Is there a need that can only be met by granting this request?
• If property were not to be immediately annexed, would it be expected to become
contiguous to be annexed in a reasonable time?
• For new development proposed in non-contiguous areas outside the City, is the
service available to developable property within the City? In other words, should
service be withheld in order to direct growth inside the City?
With the present extension of services policy as a guide, I believe that a discussion of each
request that answers these questions as part of a general debate of its merits will serve the best
interests of the City.
In response to the Council's request for suggestions to increase the Council's options for
extending service, it would appear that an extra paragraph, #6, in Section IV of the Extension of
Service Plan would be the simplest approach. I suggest the following language as a starting point
for further discussion by the City Council.
The preceding language assumes that immediate annexation, regardless of contiguity, is
something the Council would prefer in the majority of cases. I recommend the City Attorney
review the suggested policy language to ensure conformity with the requirements of Montana law.
RESOLUTION NO. 4450
A RESOLUTION AMENDING THE CITY OF KALISPELL EXTENSION OF SERVICES
PLAN, SECTION IV, ¶¶ 4 AND 5, BY SPECIFYING THE CONDITIONS UNDER
WHICH THE CITY SHALL PROVIDE UTILITY SERVICES BEYOND ITS CORPORATE
LIMITS.
WHEREAS, the City Council of the City of Kalispell adopted City of
Kai ; spel i _FExtension of S _rvi pS Plan, by Resolution No.
4241, on November 6, 1995, and
WHEREAS, Section IV, ¶ 4 of said Plan describes the conditions
under which the City allows connection to its public
utility systems, and
WHEREAS, at the request of the City Council, the Public Works
Department and the staff of the Flathead Regional
Development Office revised the connection policy to allow
for orderly expansion of utilities and municipal
boundaries.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the City of Kalispell, Extension o
Spry; a Plan is hereby amended by inserting a
new Section IV, ¶ 4, which shall read:
Before a development beyond the City limits is
allowed to connect to a City -owned utility, a
Consent to Annex/Notice of Withdrawal from
Rural Fire District and a Petition Requesting
Annexation shall be properly filed with the
City Attorney and said annexation request
shall be approved by City Council Resolution
or Ordinance as may be appropriate. Service
will be extended only to existing or proposed
developments that are contiguous to the City.
The Petition and Consent filed under this
section shall be in a form which may be
recorded in the Office of the Flathead County
Clerk and Recorder.
SECTION II. That the City of Kalispell Extension of
S_rvi_ G Plan is hereby amended by adding to
Section IV, a ¶ 5 which shall read:
As a requirement of access to a City -owned
utility in a subdivision proposed beyond city
limits, the property owner shall apply to the
City for preliminary plat approval and
simultaneously petition for annexation to the
City, and the property shall be annexed or
each phase of said subdivision shall be
annexed with approval of Final Plat. As a
requirement to a City -owned utility in a
proposed land division which is exempt from
subdivision regulation and is beyond the city
limits, the property owner shall petition to
annex and the property shall be annexed prior
to filing the certificate of survey with the
County Clerk and Recorder to create the land
division.
SECTION III. This Resolution shall take effect immediately
upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AND SIGNED BY THE MAYOR THIS 1ST DAY OF MARCH, 1999.
WM.E ,baharO
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
Clerk of Council