05-03-82 Annexation Committee5:00 P. M. MAY 3, 1982
Committee Chairman Palmer called the meeting to order at 5:00 P. M., Monday,
May 3, 1982 in the conference room at city hall. Those in attendance were
Mayor McDowell; Councilmen Nystul, O'Boyle, Grainger, Vidal, Ruiz, Zauner and
Saverud; City Attorney Neier, Building Official Shoemaker and City -County
Planning Director Verma.
Councilman Palmer explained that there is a problem with the proposed BMB
Annexation. City Attorney Neier stated that even though the Flathead Reg-
ional Development Office has recommended annexation and states that it
complies with the Comprehensive Plan, it does not conform. The area is
presently urban residential and they have asked that it be zoned C-3 when
annexed. City Attorney Neier has called the developer, Dean Marquardt,
explained the problem and work has stopped. According to statute, the area
must be included in and conform to the Comprehensive Plan before annexation.
Neier has recommended that building permits not be issued until things are
in order.
Further discussion by various councilmen brought out the fact that the County
Commissioners have been asked many times to zone the building permit juris-
dictional area outside the City, but they only zone on request of the property
owner.
Planning Director Verma explained that his office recommends that the area
be annexed and that the building permit be issued for commercial use because
the CP is only a guide. The proposed use fits the area, which is already
surrounded by commercial uses, is adjacent to city water and sewer services,
and compatible to the rest of the area. Mr. Verma recommended that the City
continue with the annexation, issue the building permit and zone after it
is annexed.
City Attorney Neier recommended to the Council that at the public hearing to
be held this evening on the BMB annexation they do not have the first reading
of the ordinance to annex. He repeated that we will open it wide for lawsuits
if we do.
Mayor McDowell stated that he has had one meeting with the County Commissioners,
but Commissioner Deist was out of town and no decision was made. Deist will
be back in a few days, a meeting will be called with the FRDO and the County
Commissioners and Flathead County will be asked to amend the CP as fast as
possible so that we can proceed with annexations. Not only this particular
one, but others as well.
The Council was told that there is no Inter -Kcal Agreement on the City
jurisdictional area outside the city limits. There is correspondence from the
State of Montana asking that the City issue building permits and inspect in
a 3 mile radius outside the City so that as annexations occur we are assured
of safe buildings. Flathead County did not really agree, but the County
Commissioners did sign a letter agreeing to the request and allowing our
Building Official to perform duties within a certain radius.
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Final recommendation and decision of the Council and City Attorney was to
advise the developers of the BMB annexation to ask Flathead County to amend
the CP and to not issue a building permit until it conforms.
Councilman Palmer asked if the Council was familiar with the Kalispell Medical
Arts Resubdivision. They were not and Clerk was instructed to make copies
of the map so it could be studied.
Councilman Palmer reported a request for a zone change from Jack Heller at
the corner of Sunset and Wyoming Streets. The area is now zoned residential,
and a building permit has been issued for a single family residence, but he
is asking for a B-2 so that he can move an office building onto the lot. Mr.
Verma explained that this request will go to public hearing, then the Zoning
Commission will recommend action to the Council.
On a request from Dr. Pearson, Veterinarian located at First Avenue and Fourth
St. W. for an amendment to include veterinarians in a C-3 Zone, the Committee
chose to deny.
Meeting adjourned at 6:30 P. M.