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4. Resolution 4294 - Intent to Annex Green Acres & South WoodlandAGENDA ITEM 4 - RESOLUTION 4294-AUTHORIZATION TO PROCEED WITH INTENT TO ANNEX GREEN ACRES AND SOUTH WOODLAND BACKGROUND/CONSIDERATION: As per previous discussion and research of this proposed annexation area, the Staff is continuing to gather data to prepare the necessary improvement plan for the neighborhood. I am certain that you are all more familiar with this issue than I am. However, my observations include the following: A. FRDO has facilitated this issue within the neighborhood as much as reasonably possible. If you review the schedule of public meetings held in the neighborhood, we have "reached" out to the residents and addressed the issues that they have raised concerns about. B. This process of the neighborhood meetings, individual staff meetings with citizens, and a joint meeting held on September 17 between the City Manager, City Attorney, Planning, Zoning, and City Engineering Department representatives has alleviated most of the fears and will allow us to directly "target" the major areas of concern with the Green Acres area. C. The following items will be researched for the inclusion in the improvement plan: 1. Option A as presented -at the workshop is also the desire of Green Acres (or represented by Water Association and Housing Association representatives). They do no want separation of any portion of these associations. 2. Traffic controls - four-way stop at South Woodland and Kelly. Other traffic enforcement and patrolling concerns. 3. 'County Park use - Homeowner's Park use. 4. Water system - wells, fire hydrants. 5. Fees - hookup fees - sewer, water 6. Drainage correction - time frame 7. Street, signage, etc. improvements D. In terms of a one-sided tax benefit to the City if we annex Green Acres, I believe we can substantiate that this is not correct. This annexation will be of mutual benefit. The Green Acres Subdivision will receive our fire coverage immediately, police services immediately, street design and improvements over the long term, improved water system through looping and placement of hydrants, immediate relief for septic tank problems, but most of all we will be addressing the drainage problems and solutions for the entire neighborhood's future improved quality of life. RECOMMENDATION: I strongly recommend that the annexation process proceed into the formal/legal arena, immediately. ACTION REQUIRED: RESOLUTION (4294) will need Council approval to proceed. RESOLUTION NO. 4294 A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE CITY OF KALISPELL, COMPRISING THAT TERRITORY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND THEREBY MADE A PART HEREOF, TO BE DESIGNATED AS THE GREENACRES ANNEXATION NO. 276, TO FIX A DATE OF A HEARING THEREON, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID HEARING. WHEREAS, in the judgement of the City Council of the City of Kalispell, Montana, it is in the best interest of the City of Kalispell and the inhabitants thereof, and the inhabitants of the contiguous platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed, which are contained in Exhibit "A" , attached hereto and thereby made a part hereof, that the boundaries of the City of Kalispell would be extended so as to include the same within the corporate limits of the City of Kalispell, and zoned appropriately in accordance with the City of Kalispell Zoning Ordinance, Ordinance No. 1175, as amended, and WHEREAS, on November 6, 1995, the City Council adopted, pursuant to Title 7, Chapter 2, Part 47, Montana Code Annotated, an Extension of Services Plan which anticipated development of the City services for approximately five years in the future, and WHEREAS, the City Council shall, prior to annexing said property cause to be developed an extension of services plan specifically addressing the territory described in Exhibit "A", and proposed by this Resolution to be annexed, and I C..-( �-- WHEREAS, the Kalispell City -County Planning Board and Zoning Commission shall on October 8, 1996, hold a public hearing, pursuant to Section 27.30.030, City of Kalispell Zoning Ordinance, to recommend zoning for the territory described in Exhibit "A" in accordance with the Kalispell Zoning Ordinance, in the event the territory is annexed to the City, and WHEREAS, the City of Kalispell desires to annex the property to the City limits under the provisions of Title 7, Chapter 2, Part 43 Montana Code Annotated (Annexation of Contiguous Land). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That it is the intention of the City of Kalispell that certain territory comprising the Greenacres Addition No. 276 be embraced RESOLUTION NO. 4294 1 SECTION II. SECTION III. SECTION IV. within the corporate limits of the City of Kalispell and the boundaries of said City be so extended so as to include the same. Said territory is more particularly described in Exhibit "A", attached hereto and thereby made a part hereof. That it is further the intention of the City of Kalispell that the property described in Exhibit "A" be zoned in accordance with the City of Kalispell Zoning Ordinance, Ordinance No. 1175, as amended. The City Clerk of Council shall forthwith prepare and publish in the Daily Inter Lake, a daily newspaper published at Kalispell, Montana, proper notice of this Resolution of Intention at least once a week for two successive weeks next preceding the regularly scheduled Council meeting at which said annexation will be considered; and give said notice in writing, addressed to the addresses to which tax notices are sent, to all owners and purchasers under contract for deed of the property in the territory to be embraced. For a period of twenty days after the first publication of said notice by the City Clerk of Council, said City Clerk of Council will receive expressions in writing of approval or disapproval of the proposed extensions of the boundaries of said City of Kalispell from the real property owners within the territory proposed to be annexed. SECTION V. At the regularly scheduled meeting of the City Council of the City of Kalispell next succeeding the expiration of said twenty days, the City Clerk of Council shall lay before the Council all communications in writing so received by her for the City Council's consideration. If after considering the same such council shall duly and regularly pass and adopt a resolution to that effect, the boundaries of the City shall be extended to embrace and include such platted tracts or parcels of land or unplatted land for which a certificate of survey has been filed; the time when the same shall go into effect to be fixed by such resolution. RESOLUTION NO. 4294 2 SECTION VI. Such resolution shall not be adopted by the Council if there is disapproval in writing by a majority of the real property owners of the territory proposed to be embraced. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL THIS DAY OF SEPTEMBER, 1996. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council RESOLUTION NO. 4294 3 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 September 12, 1996 Phone: (406) 758-5980 Fax: (406) 758-5781 Clarence Krepps, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: South Woodland / Greenacres Neighborhood Plan and Annexation Dear Clarence: The last of the South Woodland / Greenacres meetings which were formally scheduled occurred last night at the Alpine Auction. At that meeting, we discussed the draft of the neighborhood plan and plan adoption process. We also discussed potential annexation boundaries by referring to a map which shows properties currently receiving City water or sewer or both. Two handouts were given to the neighborhood which outlines both the neighborhood plan adoption process and the annexation process in generic terms. Some potential dates were given to the neighborhood. Attached are copies of those handouts with potential schedules for both the neighborhood plan and any annexation which might take place before the end of the year. An additional unscheduled meeting has been reserved with the Alpine Auction to communicate with the neighborhood and provide them with timely information at a later time during the annexation process. Based on my involvement in the last five neighborhood meetings which have been held, I believe the neighborhood is anxious to move forward. By moving forward in the process, the neighborhood will be relieved of some uncertainty regarding which properties may be considered for annexation. It would be my recommendation that the City Council consider the South Woodland / Greenacres annexation issue at their next work session on September 16, 1996. After the Council's consideration, establishing formal annexation boundaries may be the next step; or possibly the Council would want to extend their consideration to another work session. In any case, please note the enclosed information listed below for the Council's information. If I can be of assistance to you in moving this matter forward, please let me know. Sincerely, 144 vdm-� Narda Wilson, AICP Planner II NW/sm Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Clarence Krepps, City Manager Re: South Woodland / Greenacres Neighborhood Plan and Annexation September 11, 1996 Page 2 Attachments: a. Original meeting schedule b. Adoption of the neighborhood plan C. Annexation process and potential dates d. Vicinity maps c: Dennis Dortch, President, Greenacres Homeowners Association H: \... TRANSMIT\ 1996\S O W D C C. MEM • 01 wtn;mil � The Flathead Regional Development Office and the City of Kalispell will be conducting a series of neighborhood meetings at: Alpine Auction 160 Kelly Road Kalispell, Montana The purpose of these meetings will be to develop a neighborhood plan for the area, an extension of services plan and to discuss areas proposed for annexation to the City of Kalispell. 1. July 24, 1996 - Wednesday, 6:30 PM to 8:30 PM a. Neighborhood plan boundaries b. Potential annexation boundaries C. Elements of the extension of services plan d. Questions and answer period 2. August 7, 1996 - Wednesday, 6:30 PM to 8:30 PM a. Identify neighborhood issues and prioritize b. Slough water quality, wildlife habitat and wetlands C. Hand out public opinion surveys 3. _ August 14, 1996 - Wednesday, 6:30 PM to 8:30 PM a. Roadway conditions and maintenance b. Water and sewer facilities C. Deadline for public opinion surveys 4. August 28,1996 - Wednesday, 6:30 PM to 8:30 PM a. Review first draft of neighborhood plan for comments b. Community park development C. Fire district issues 5. September 11,1996 - Wednesday, 6:30 PM to 8:30 PM a. Review final draft of neighborhood plan b. Review draft extension of services plan Y C. Review annexation process and timelines If you have questions regarding the neighborhood plan, the meeting schedule, opinion survey or other issues, please contact Narda Wilson, Planner II, at the Flathead Regional Development Office at (406) 758-5980. 1 1. The neighborhood plan is drafted. * /-I- e / ,� - /pl76- A. After soliciting public input from property owners in the area, the neighborhood plan is created in a draft form. B. The neighborhood plan is intended to reflect the goals and desires of the property owners in the area as well as promoting the general well-being of the community at large. C. A work session is held with the planning board to review the draft document and to solicit the planning board's input. 91/0 4 - 1o4e_ 2. A public hearing is scheduled before the planning board. A. At least 10 days prior to the date set for hearing, a notice shall be published in a newspaper of general circulation stating the time, date and place of the hearing. 3. The planning board holds a public hearing. /D /B A. Testimony is solicited from the property owners in the area and the public at large regarding the neighborhood plan and may suggest appropriate changes or additions. B. The planning board considers the staff recommendation and the public testimony and shall pass a resolution with a recommendation that will be forwarded to the city council and county commissioners. mvlse�f �rQ f- prG�trte� 4. Consideration by the city council and county commissioners (governing bodies). A. The city council will consider the recommendation of the planning board regarding the neighborhood plan and may adopt a resolution of intent to formally adopt or revise the neighborhood plan as an amendment to the ci -county master plan. /a %26l9b yti/or,�iu�,ilrf /necl-W e0a-,M/ 6017Afde4lli t j B. The county commissioners will consider the recommendation of the planning board regarding the neighborhood plan and may adopt a resolution of intent to formally adopt or revise the neighborhood plan as an amendment to the city - county master plan. ¢o b,- ate-,?nje-4 :rlf4e eaance/ revle l 5. Once adopted, the neighborhood plan takes precedent over the master plan for the area. A. The neighborhood plan is considered when an area within those boundaries is proposed for zoning or rezoning. B. The neighborhood plan is considered when properties within the neighborhood boundaries is proposed for subdividing or developing.