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12-03-84 Annexation Committee6 ANNEXATION; SEWER & WATER COMMITTEES 4:00 P.M MONDAY-DECE= 3, 1984 CONFERENCE ROOM -CITY HALL PRESENT: MAYOR MCDOWELL; CITY ATTORNEY NEIER; COUNCILMEN MANNING; SPRINGER, RUIZ, PALMER, SAVERUD AND NYSTUL; FIRE CHIEF DOTY; SURVEYOR ZAVODNY; FRDO DIRECTOR VERMA. KEN -WAY ADDITION #3 Annexation Chairman Manning explained the request for this annexation. It is for an apartment complex. The Developer has asked for water and sewer service and will sign a waiver of right to protest annexation. Chief Doty has no problem. The water line in the area will be extended and a fire hydrant installed. City Attorney Neier stated that in light of the way the previous Ken -Way Additions were annexed and conditions met he could see no problem. Councilman Nystul, Chairman of Sewer & Water stated that the sewer and water would be extended at the cost of the Developer and can see no problem. Councilman Springer moved to recommend to the Council that they pass a resolution of intention to annex Ken -Way Addition #3. Seconded by Councilman Palmer. Motion carried. DOROTHY BRECK-LAND USE CHANGE Councilman Palmer moved that the Annexation Committee recommend to the Council that a resolution of approval of the land use plan for an area on LaSalle Road be adopted. Seconded by Councilman Springer. Motion carried. AMEND ZONING ORDINANCE Councilman Manning reported that the public hearing to amend the zoning ordinance will be held on January 7th. He and City Attorney Neier will work on the text before then. EXTENSION OF SERVICES Director Nick Verms has requested a policy from the City Council on extended services if an area is contiguous or close to city limits. Councilman Manning stated that the philosophy of the Annexation Committee is that a developer should apply for services and annexation at the same time. Councilman Nystul stated that it is the philosophy of the Sewer & Water Committee that services should be extended if practial and a waiver of protest is signed or if there is an economic hardship or hazardous health problem. Councilman Ruiz stated that sewer and water are enterprise funds and we are actually selling a service. We should look at each one - some are not advantageous and would hinder the growth of the City - do them as they come in. Councilman Palmer stated that he sees the problem as an impact on schools,, parks and utilities. People are living just outside the city limits, have the advantage of our utilities, schools, streets, etc. and pay no city taxes. We do need a policy. Mr. Verma stated that his problem is that people are getting sewer and water outside the City, then when they start annexation proceedings we find out they are not compatible with the Comprehensive Plan and there is a problem. Mr. Verma asked if • it would not be better to set a policy of looking at the Comprehensive Plan before granting the services. Councilman Nystul stated that so far only existing uses have been asking for service, but it could come up. Mr. Verma asked if they would establish Page 2 ANNEXATION: SEWER AND WATER COMMITTEES (continued) 12/3/84 ia policy of extending utilities only if compatible with the Comprehensive Plan. Then there is no problem with the annexation. The two committees agreed to write a policy. Mr. Verna stated that there is a problem when a subdivision is near the City. Utility installations are required to be done to City Standards which do not meet State Stand- ards and required to meet State Standards which do not meet City Standards. Councilman Palmer stated that they should go with the more restrictive. The problem is with the South Gate Subdivision which is being developed by Dean Marquardt. Fire Chief Doty states that there has to be a fire hydrant because the City does not have tankers. If planning to annex they should go with City Standards - if they do not plan to annex go with the State. Mr. Verma was asked to get a letter from Mr. Marquardt stating his exact problem and they will look for a solution. SUBDIVISION REVIEW REGARDING APARTMENT HOUSES Mr. Verma stated that the Supreme Court has ruled that all apartment houses require a subdivision review. Flathead County, Whitefish and Columbia Falls are going along with the ruling until changed. Kalispell is not. This came to light when the same developer who plans to build 80 apartuients in Kalispell and 20 in Whitefish found that Whitefish required a subdivision review and Kalispell did not. City Attorney Neier stated that our position is that the mall is reasonably exempt. Mr. Verma stated that it is the opinion of the County Attorney that some projects are grandfathered in and the mall is that kind of situation. City Attorney Neier asked Mr. Verma to send him a copy when he gets something in writing from the County and the City of Kalispell will follow the opinion of the A/G Volume 4057. Meeting adjourned at 4:50 P. M. 0