08-12-85 Annexation Committee1
• August 12, 1985 ANNEXATION COMMITTEE 4:00 P.M.
Chairman Manning and Councilmen Palmer and Springer in attendance. Mayor
McDowell, DPW Hammer, Building Official Jackson, Attorney Neier, Nick Verma
of FRDO, Don Berringer and Jim Burton, and Roger Hopkins of the Daily Interlake
also present.
COMPREHENSIVE PLAN - Since the Council did not receive copies of the plan
until this morning the Committee felt they should have more time for review.
C. Manning will bring it before the Council and ask them to be prepared to
vote on it at the September 5 meeting.
PACK: RESUBDIVISION OF PORTION OF GATEWAY WEST ADDITION #34, ADD. #169 -
Request for preliminary plat approval. DPW Hammer and Attorney Neier have
been given no opportunity to review this. Mayor McDowell gave firm directions
to Mr. Verma to route all correspondence to anyone in City Hall through the
Public Works secretary. Mr. Verma indicated that he would do so. C. Palmer
made a motion to ask the Council to give the power to act to the Annexation
Committee based on the recommendation of DPW Hammer and Attorney Neier. The
Committee agreed unanimously. Mr. Verma reminded the Committee that thpy'_
must act upon it by August 22.
KENWAY - DPW Hammer and Attorney Neier have reviewed and Attorney Neier
presented a letter from Ken Nardiner and Wayne Jensen, drawn up by Attorney
Neier, requesting that the Committee accept a waiver of right to protest the
• creation of an SID for completion of utilities and the paving of the roadway
as security. FHA will not release any funds until the title to the property
is vested in the developer, and a final plat must be filed before they can
obtain title. There was extended discussion about whether this sort of situation
should be allowed. C. Springer was against it on the basis of why put conditions
in effect if we don't hold the developer to them. Mr. Verma pointed out that
Ken Nardinger is not the owner and after discussion the Committee agreed that
anyone with a vested interest must sign any agreement. Attorney Neier indicated
that the waiver of right to protest an SID would be recorded along with the
final plat. The motion was made that it be taken to Council with the understand-
ing that the agreement be drawn up and signed by all interested parties. The
vote was two for, C. Springer against.
SCHWARTZ (KALISPELL) ADDITION - Final Plat approval request. FRDO reports
that the conditions have not been met because utility extension has not been
certified by DHES. DPW Hammer said they do not need to be met because this
is a minor subdivision with sewer and water right in front of the lots. A
second condition that curbs be installed was discussed. FRDO would like curbs
or an agreement. DPW Hammer pointed out that the City can order in curbs at
any time by state law, giving 30 days or the City puts them in and charges
them to the owner. There was discussion concerning who should be financially
responsible for the curbs, the subdivider or the owner buying the lot. C.
Palmer indicated that action needs to be in such a way as to get the job done
without a lot of excess legal paperwork. DPW Hammer pointed out the need to
put the curbs in after the chance of tearing them up during the construction
isis passed. The Committee voted two for, with C. Springer against that an
improvement agreement and irrevocable letter of credit for curbs be provided.
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ANNEXATION COMMITTEE
• August 12, 1985
Page 2
BUFFALO HEAD - Final plat approval request. Don Berringer presented the
resubdivision of lots 1 and 2 into lots 1-8. Nick Verma indicated that as
soon as the application and the final plat are in his office he will prepare
a report for the August 16 Special Council meeting. There was extended dis-
cussion of set -backs. C. Manning gave the history of the project, zoning,
public and private roads, encroachment into common areas in order to preserve
set -backs, loss of philosophy of the common area, and past council action on
this. The choice seems to boil down to 1) Continue as is - R-1 zoning, forget-
ting about the common areas, or 2) Waive the set -back to save the common areas.
C. Palmer asked how the City could require 15' set -backs on private property.
The discussion continued without a decision, and the Committee agreed to look
at it again on Friday, August 16. Mr. Berringer agreed to bring copies of
the original resolution (#3500) giving permission to go back to the subdivision
line and a letter from Alan Peterson (then Building Official)interpreting that
resolution.
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