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.
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