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2. Greenacres Annexation Discussionof Kalis Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: PJ Sorensen, Zoning Administrator Chris Kukulski, City Manager SUBJECT: Greenacres Annexation MEETING DATE: November 26, 2001 (workshop) BACKGROUND: The Greenacres area, although not within the city limits, has developed as an urban residential area. The City does, in fact, provide utility service to many properties throughout Greenacres. Additional services could also be efficiently provided to the area by the City. Furthermore, city employees need to travel through the county in order to serve certain properties that are within the city, which is clearly an inefficiency. None of that information is new. The City has realized for quite some time that annexation of Greenacres, while not necessarily the most popular option among those residents, is in the long-term interest of the City. Staff has therefore developed a plan for annexation of the area generally bounded by Woodland Avenue to the north, Willow Glen to the east, Highway 93 and 5" Avenue East to the west, and the Meadow Park/ABC Addition (south of Kelly Road) to the south (see vicinity map). Preempt arguments against annexation Although there are many issues raised by property owners subject to annexation, two stand out as the most frequent: taxes and horses. Taxes are always an issue. Horses become an issue at the urban fringe when someone has kept horses or other animals on their property, and the city code section prohibiting such animals within the city limits suddenly applies. Resolving both issues will not only help the Greenacres annexation, but future annexations as well. While we cannot eliminate the fact that a property owner pays more in taxes after annexation, we can take steps to help mitigate the impact by limiting assessments on large residential parcels to a level more in line with the standard range of city property sizes. In order to do so, we can pass an ordinance amending our method of assessments. Horses have been expressed as a primary concern of several individuals (not mentioned by anyone in Greenacres, but has been in areas that may be included in future annexations). We can amend the animal ordinance to allow farm animals when allowed by zoning. Presently, the R-1 zone allows agricultural uses, including animals. Develop Details for Extension of Services Under all methods off annexation, services must be provided according to a plan as specified in Section 7-2-4732, MCA (attached). We can use our existing plan, but should supplement it with details relating to Greenacres. The various departments have been developing plans relating to their functions. The Fire Department, for example, has discussed the matter with the South Kalispell Rural Fire District. Staff should be given direction to fully develop all necessary details for the required extension of services plan. Annex Rights -of- Wa Staff has met with representatives from the County, and they appear willing to transfer the county rights -of -way to the City. This step is important for several reasons, including the fact that the City has utility lines within several of the roads, including Kelly Road, South Woodland Drive, and Woodland Avenue. From an annexation perspective, the rights -of -way will help us wholly surround a portion of the area we want to annex. Once property is wholly surrounded by land located within the city limits, the legal process is much simpler, due in large part to the fact that property owners cannot block the annexation with a majority protest. We are awaiting information from the County regarding the specifics of their ownership interests, etc of the rights -of -way. Once we receive that information, the roads can be annexed and dedicated to the City. At that point, the foundation would be in place for annexing property under the wholly surrounded method. Annexation of Property There are several different methods of annexation: annexation of contiguous land, annexation of contiguous government land, annexation of wholly surrounded land, annexation by petition, and annexation with the provision of services. The county rights -of -way would be annexed as contiguous government land. All other property would be annexed either as wholly surrounded or as contiguous land. The principal difference between the wholly surrounded method and the contiguous land method is the availability of legal protest by the property owners. While property owners clearly have the right to speak out under either method, the contiguous land process allows property owners to block an annexation if the majority file formal protests. It is under that process that "waivers of protest" become an issue. Staff anticipates a process in which three groupings of property are annexed: (1) the area bounded by Kelly Road to the south, South Woodland Drive to the east, and the City on the remaining sides; (2) the area bounded by Kelly Road to the south, South Woodland Drive to the west, Willow Glen to the east, and the city limits/Woodland Avenue to the north; and (3) properties to the south of Kelly Road, including Meadow Park and Meadow Park Unit 2. The first two groupings could be performed under the wholly surrounded method after annexation of county rights -of -way. Staff proposes two groupings in order to provide the best legal basis for annexation. Under a Missoula case, annexation of a road provided a basis to wholly surround an area. In that case, the court listed a number of features of the road which led to the annexation of the right-of-way. South Woodland Drive is similar in most regards, while Willow Glen is also similar, but less so than South Woodland. A bifurcation would provide a fall- back position without creating any problems. Annexation of the third grouping would occur after the first two. The area would not be wholly surrounded, so we would have to use the contiguous land method. However, in that area there are a substantial number of "waivers of protest." The waivers would allow the annexation of that area to occur. The timing of this step after the wholly surrounded groupings is intentional in that it allows us to maintain flexibility and provide options as the process unfolds. RECOMMENDATION: The Council direct staff to initiate the annexation process. FISCAL EFFECTS: Annual revenue generated by the annexation would equal approximately $98,000 plus commercial personal property taxes. The average tax increase on a per lot basis would be about $186. ALTERNATIVES: As suggested by the Council. ATTACHMENTS: Vicinity map Applicable Montana Code Annotated sections Respectfully submitted, PJ Sorensen Zoning Administrator Chris Kukulski City Manager Report compiled November 20, 2001 7-2-4732. Contents of plan for extension of services. (1) Specifically, the plans for the extension of services shall provide a long-range plan for extension of services and the acquisition of properties outside the corporate limits. This plan must show anticipated development a minimum of 5 years into the future, showing on a yearly basis how the municipality plans to extend services, develop and add sections to the city. (2) The plans shall: (a) provide for extending police protection, fire protection, garbage collection, and streets and street maintenance services to the area to be annexed on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation; (b) provide for future extension of streets and of major trunk water mains, sewer outfall lines, and other utility services into the area to be annexed, so that when such streets and utility lines become necessary and are constructed, property owners in the area to be annexed will be able to secure such services, according to the policies in effect in such municipality for extending such services to individual lots or subdivisions; (c) if extension of streets and water, sewer, or other utility lines into the area to be annexed is necessary, set forth a proposed timetable for construction of such streets and utility lines. (3) A method must be set forth by which the municipality plans to finance extension of services into the area to be annexed. If the area is serviced currently by adequate water and sewage services, streets, curbs, and gutters and no capital improvements are needed to provide adequate services stipulated by this section and 7-2-4731, the municipality must provide the area to be annexed with a plan of how they plan to finance other services to be included within the district —mainly, police protection, fire protection, garbage collection, street, and street maintenance services, as well as continued utility service. (4) In this annexation plan, it must be clearly stated that the entire municipality tends to share the tax burden for these services, and if so, the area may be annexed without a bond issue under the provisions of this part. History: En. 11-518 by Sec. 5, Ch. 364, L. 1974; R.C.M. 1947. 11548(part). Case Notes: Annexation Without Cost -Benefit Analysis and Resulting Increased Tax Burden Not Unconstitutionat Kudloff brought an action against the city of Billings, alleging that the city had wrongfully annexed his property because no cost -benefit analysis had been performed by the city and the annexation would result in an increase in Kudloff s tax burden. The Supreme Court held that a regulatory taking of property by a municipality is allowed even if the value of that property and its usefulness is diminished. The Supreme Court cited Harrison v. Missoula, 146 M 420, 407 P2d 703 (1965), for the proposition that the levying of future taxes after annexation does not constitute a taking of property. Kudloff v. Billings, 260 M 371, 860 P2d 140, 50 St. Rep. 1108 (1993). 7-2-4733. Vote required on proposed capital improvements. Included within the plan must be methodology whereby the area to be annexed may vote upon any proposed capital improvements. Should a negative vote be cast by over 50% of the residents in the section or sections to be annexed in such election, the area may not be annexed. History: En. 11-518 by Sec. 5, Ch. 364, L 1974; R.C.M. 1947, 11518(part); amd. Sec. 20, Ch. 250, L. 1979. 7-24734. Standards to be met before annexation can occur. A municipal governing body may extend the municipal corporate limits to include any area that meets the following standards: (1) The area must be contiguous to the municipalitys boundaries at the time the annexation proceeding is begun. (2) No part of the area may be included within the boundary of another incorporated municipality. 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