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.