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01-20-86 Annexation CommitteeJanuary 20, 1986 ANNEXATION COMMITTEE 4:00 P.M. Chairman Manning and Councilpersons Palmer and Hafferman present. Mayor Kennedy, Surveyor Zavodny, and Chief Stefanie also in attendance. SCOTTY'S BAR ANNEXATION - The question of the fire hydrant problem will be addressed by the planning board. A resolution of intent to annex will be presented at the Council meeting. BEGG PARK ANNEXATION - Resolution of intent to annex. C. Palmer asked what the status of the problems was and whether the City should annex before the situation was clear. C. Manning stated that the deed had been transferred and the legal commitment to provide access had been made. For insurance purposes it definitely is needed within the City limits. C. Manning brought up the problem of zoning. South Meadows is zoned R-5. Discussion of whether to zone P-1 or R-5. Half of park would be residential zoning, the new annexation at the south end of the park would be P-1. Surveyor Zavodny mentioned that if sometime in the future the City wished to sell or trade the property the zoning could make a difference. He is to check on the actual zoning of the. park. C. Manning indicated that if the zoning isn't what the Committee feels is best the zoning could be changed before the ordinance of annexation was passed. C. Palmer asked for a list of the meanings of the zoning designations be attached to the map in the committee room for reference. SEWER AND WATER SERVICE OUTSIDE THE CITY LIMITS - Surveyor Zavodny presented maps requested by this committee showing by color codes the areas serviced . by sewer currently provided and those areas that may be provided service through developer's extension agreements. The City is locked into these and must provide the service when requested. There was extensive discussion of extension agreements, annexation, specific agreements and problems with them. C. Palmer stated that he felt the City should always have the perogative of annexation and providing of services, rather than the developer. The policy of the Council has changed in this direction in the last year or so but the Council must also live with agreements made in the past. The Committee requested that the agreement with North Village Sewer District be looked into in detail so that the City can exercise it's perogative for annexation as soon as possible. The extension of services policy needs to be fully defined and stated. Surveyor Zavodney pointed out that if the Council had asked for and received the maps he was presenting they would have seen the amount of land involved and perhaps would have voted differently. Greenacres West agreement was discussed. The second map presented by Surveyor Zavodny showed water service presently provided by the City outside the city limits as well as areas covered by developer's extension agreements. He pointed out that the City is bounded nearly all around by the former areas, and that these people for the most part had not been asked to sign a waiver of protest of annexation because the services were put in years ago before the present policy was in effect. The Committee felt that there should be a joint meeting of the Sewer and Water and Annexation Committees to discuss what direction and action should be taken in the future to deal with the problems discussed above. C. Palmer stated again that there is a need for documentation and recording of any waiver of right to protest annexation. ANNEXATION COMMITTEE . January 20, 1986 Page 2 AGENDA ITEMS PENDING - The following list was discussed briefly and mainly for a record for the possible change of leadership fo this committee. Kalispell Motel - This needs to be pursued. The agreement was that if the City would pay for the costs and fees of annexation the owner would not object. The City agreed that the costs were worth straightening out the problem of having the motel half in the city and half out. Bountiful Drive - The County needs to deed this to the City and then the City can go ahead with annexation. Anderson Theater - The Lutheran Home now owns half interest. Highway 93 Adjacent to Hutton Addition - This is on hold until it is surveyed. The City has authorization from the Highway Department to annex. The problem here is police protection for all roads in the City. If the City annexes the police will have to drive clear out to that point. There is a gray area now because the present line is in the middle of the intersection and raises the question of where is the enforcement line? The County has given permission for the City to erect a City Limit sign, but ideally there should be a button in the pavement. The Committee felt money should be budgeted for surveying this parcel, with annexation to follow ($800 - $1000). Surveyor 01 Zavodny suggested that the College might do their own survey in conjunction with their class on surveying. Mayor Kennedy is to contact Howard Freyett, explain the situation, and ask the College to do the surveying. House Bill 791 BMB Addition Non -conforming Use - Attorney Neier is working on the ordinance. Evaluation of Current Zoning/Reduction of Current Zoning Class Double LL - Attorney Neier was to have written a letter. Extension of Services Policy Unzoned Scovel Lot - This is to be zoned when Meridian Road is zoned, Follow-up on Developer's Agreements - There is a need for a procedure to make sure that conditions are followed and completed. ajg