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Resolution 4937 - Extension of Services PlanRESOLUTION No, 4937 A RESOLUTION .ADOPTING AN UPDATED EXTENSION of SERVICES PLAN FOR THE CITY of KALISPELL. WHEREAS., Title 7, Chapter 2, part 473,E of the Montana Code Annotated requires all local over me .ts intending to annex Property to have an extension of services plan; and WHEREAS, the City of Kalispell has Followed an extension of services plan, pursuant to statute, since November 6, 1995 when it adopted Resolution No. 4241. That plan was last amended on March 1, 1999 by Resolution ; and WHEREAS, it is in the best interests of the City of Kalispell. and its citizens that the extension of services plan be reviewed and revised from time to time to take into account changes in growth patterns within the community, other changes in city policy and ordinances, and charges in state law; and WHEREAS, at the request of the City Council, the Public 'works Department and Tri-City Planning Staff provided an analysis of the existing extension of services plan and recommended changes to that plan to allow for the orderly expansion of city services and municipal boundaries; and WHEREAS, the Extension of .services Plan herein considered should be approved and adopted by Council, replacing the plan currently existing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COLTNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell Extension o Services Plan, attached hereto and incorporated herein fully by this reference, is hereby approved and adopted. SECTION 11. That a copy of said City of Kalispell Extension of Services Plan shall be available for public review at the Office of City Clerk., City of Kalispell. PASSED AN'D APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF K-ALI:SPEL , THIS 2 th DAY OFSEnEMBER 2004. ATTEST: r' { Theresa White City Clerk T"mel a B , Kennedy .mayor CITY OF KALI$PELL EXTENSION OF SERVICES PLAN September 2004 TABLE OF CONTENTS Pale Chapter I — Introduction . .. i .......... , # ....... # . # a a ........ . Chapter 2 - Statutory Requirements . . . i i # a ...... a # ...... . # . . .. . # 2 Chapter 3 — Relationship to the Kalispell Growth Policy . a i # * a # a # i i # # . . 3 Chapter 4 - Potential tia1 Utility Service Area a ..... a . .......... ........ 5 Chapter 5 - Extension of City Services # a . . . ... . i . i ......... a . a a .. . 11 Chapter 6 - Policies for Extension of City Services or Utilities. # ......... 22 Figures: Figure 1 — Impediments to Groff a ..... a . a ................ . Figure 2 — Potential Utihty Service Area.. # ........ i . i i . # . . . . . . I OA Figure 3 Sever Service Areas ... . i ....... . a # a i ..... # # .. a . 1 3A Figure 4 — Water ServiceAreas . . . . . i # . . F i . i i # i # Y 4 . # . # i i # # i Figure 5 — Kalispell Fut 'ire Services Plan .............. # .. 20A Appendix: Petition to Annex Notice of Withdrawal from Rural. FILM District Waiver to Protest Annexation Notice of Withdrawal fr-o . Rural Fire District CHAPTER INTRODUCTION Ka .i.s ell's Extension of services Plan is intended to serve as a policy document for the extension and provision of City services and utilities to areas proposed for annexation or of .erg se provided with services and / or utilities. The plan will serve three basic objectives: . To meet the statutory requirements of the State of Montana for the annexation of properties and provision of services. 2. To provide a framework for implementing existing policy documents that includes the Kalispell Area Transportation Plan; the City of Kalispell Water, Serer and storms. Drainage Systems Facility Plan and the Kalispell Groff Policy. Collectively they will be used to guide future evelo ment and growth within the community. y. . To establish a Potential Utility Service Boundary are.d associated policies that clearly outline the terms for the extension of municipal services into new service areas, identify methods of financing g when extendm' g municipal services and the party or parties responsible for installation are.d service costs. In 2000, the city undertook the task of planning for the future of its water, serer and story. .ra- age systems. The goal of the planning effort was to define the condition of the existing infrastructure, describe improvements necessary to protect water resources, accommodate late growth, evaluate gro rt . treads are.d estimate future population and employment. ent. The establishment of the potential utility service area was critical in the preparation of both the Kalispell Growth Policy and the Extension of Services plan.. The potential utility services boundary was largely based on the City of Kalispell Water, Sewer and Strom Water Drainage Facility Plan dated July 2002 prepared by HDR Engineering, Inc Morrison Maierle, laic. & Land and Water Consulting (Facilities Plan). The potential utility service boundary was developed with the Facilities Plan and the update of the Kalispell City Growth Policy. The Facilities Plan provides the background engineering study and analysis to determine capacity and capabilities of the city of Kalispell to grow. Based on this, a. capital improvements plain was developed for the recommended gaiter, sewer, wastewater treatment and storms. drainage improvements programs. The location of the potential utilities service bouncy was established by considering available undeveloped and underdeveloped lands in the context of emsting public services and the iogi.ca.l extension of these services into undeveloped land. In addition, past community growth trends, as well as existing community growth stimulants and deterrents, were taken into consideration when determining this boundary. I CEAPTER 2 STATUTORY REQUIREMENTS Title Chapter 2 o the Montana Code Annotated- Parts 2 through outlines the processes and the requirements for the provision of semees to areas to be annexed to the city, This plan . as been developed, in per, to meet and address the statutory criteria outlined in tree parts. Specifically, this plan establishes es a potential utility service boundary based on the projected availability of City services and utilities, demographic and growth treads as well as development potential of areas within and surrounding the community. As required der the statutes; when or if it becomes necessary to extend streets, water, sewer, or other, municipal services into an area to b e annexed, the plaa must show how public services and utilities W1.11 be provided to the newly annexed area on substantially basis and manner ner as other areas already *thin the municipality. if new streets or utilities are to be extended to an area to be annexed, ., the plan . is required to outline hen the new infrastructure will e constructed and how it will be financed. if the area to be annexed is already seared by adequate water, sever and streets, and no capital improvements are necessary; the municipality must provide a. plan of how it will provide other services pnmarily police protection and fire protection., as well as continued utility service. 2 CEMPTER 3 RELATIONSHIP TO THE KALISPELL GROWTH POLICY This Extension of Services Plan, by reference, incorporates by reference the Kalispell Growth. Policy 2020 adopted by the Kalispell City Council in February 2003, The groom policy has been used. as a source of technical information presented M' his document. The adoption and implementation of this plan will assist the City Kalispell i working towards ae lie g sme � � 1s and objectives outlined in the growth policy. The e 11 �r is summer Kalispell Greer Policy 2020 goals t which this Extension f Services Plan bears a direct relationship: 1. ADMINISTRATION FOSTER CITY -COUNTY COOPERATION ARTI C ARLY IN MANAGING GROWTH AND COORDINATING PROVISION OF PUBLIC FACILITIES AND SERVICES. PROMOTE COOPERATION E 'WE N KALIKSPEL. , UTILITY SERVICE PROVIDERS AND FLATHEAD BUSINESSES. NEW COMMERCIAL DEVELOPMENT OCCURS IN AREA WHERE PUBLIC WATER AND SEWER CAN BE PROVIDED AND AS EXPANSION OF EXISTING COMMERCIAL AREAS. NEW URBAN AND SUBURBAN DEVELOPMENT OCCURS IN AREAS WHERE PUBLIC WATER AND SEWER ARE ABVAILABLE. PROVIDE ADEQUATE AREAS FOR GROWTH AND EXPANSIQN WITH REGARD TO AMOUNT, TIMING AND LOCATION. . LAND USE: BUSINESS AND INDUSTRY NEW COMMERCIAL DEDVELOPMENT SHOULD OCCUR IN AREAS WHERE PUBLIC WATE ANDSEWER ARE AVAILABLE. 5. LAND USE* GRICULTURE CLUSTER '. EV PMENTS ARE ENCOURAGED IN THE RURAL AREAS THAT ARE WITHIN THE POTENTIAL UTILITY SERVICE AREA AND A PROVISION SHOULD BE CREATED THAT ALLOWS FOR THE REDEVELOPMENT OF OPEN SPACE AREAS WHEN UTILITIES ARE AVAILABLE. 3 6THE ECONOMY STEW BUSINESS AND INDUSTRY SHOULD BE ENCOURAGED TO LOCATE IN AREAS WHERE SOUND INFRASTRUCTURE CAN BE PROVIDED. • PARK$ AND RJECREATION PROVIDE A BALANCED DISTRIBUTION AND DIVERSITY OF RECREATIONAL FACILITIES AND PEDESTRIAN/BICYCLE PATHS THAT PROVIDES ACCESS FOR ALL AGE GROUPS 10. TRANSPORTATION PROVIDE A COMPREHENSIVE TRAFFIC CIRCULATION SYSTEM THAT SERVES THE COMBINED NEEDS OF THE COMMUNITY AND THE REGION, AND THAT PROVIDES SAFE CONVENIENT AND ECONOMICAL ACCESS TO ALL TRANSPORTATION `AC ITIES THROUGHOUT THE AREA, 1. INFRASTRUCTURE AND PUBLIC SERVICES AS THE CITY ANNEXES COUNTY ROADS PROVISIONS SHOULD BE MADE FORUPGRADING TO CITY STANDARDS. COORDINATE CONSISTENT DESIGN STANDARDS BETWEEN THE CI` ' AND THE COUNTY URBAN AREAS. MAKE PUBLIC .. SEWER AVAILABE TO AREAS THAT ARE IN CLOSE 'R XIMIYT TO SERVICES. EXPAND THE ABILITY OF THE CITY TO SERVE THOSE AREAS OUTSIDE THE EVERGREEN SEWER DISTRICT BOUNDARIES. AREAS S THE CITY CURRENTLY USINGON-SITE SEWAGE TREATMENT SYSTMES WILL BE C NN C D TO PUBLIC CITY SEWER. HAVE ADEQUATE CAPACITY WITHiN THE WASTE WATER TREATMENT PLANT TO ACCOMMODATE FUTURE DEVELOPMENT. WHEN NEW WATER MAINS ARE INSTALLED CONSIDERATION SHOULD BE GIVEN TO THE FUTURE NEEDS OF THE AREA, STORM WATER. MANAGEMENT FACILITIES BE ADEQUATE FOR ALL OF THE URBAN AREAS. BUILD ,A NEW FIRE SUBSTATION IN THE NORTHERN PORTION OF THE CITY SERVE CURRENT AND FUTURE DEVEOPMENT IN THE AREA. 4 CHAPTER POTENTLkL UTILITY SERVICE ARE The potential utility service area is a projected Potential Utility Service Area .ere it is anticipated that municipal services can or may be extended over a. period of the next one to 20 years depending upon needs and demand. The boundaries of the potential utility service area are projected based o pre a�.. n are anticipated growth treads, with consideration given to growth stimulants as well as groom deterrents or impediments. Population and economic trends that affect community growth or c a ne are cr*tical factors that have been consic ercd M order to determine the potential service areas. ECONOMIC CONDITIONS AND TRENDS Kalispell is the largest municipality in FlatheadCounty. The Flathead Va ey is the economic hub for a five -county area. The valley is home to a population of roughly 77,000 people though its retad, financial, professional and medical services are utilized by more than 125,000 people that reside in the five -county track area. Kalispell a l its immediate environs contain approama.t l y 30,000 people and encompass a. retail trade area of approximately 31,000 sqijare riles. The retail activity which as historically been strong, is on the rise. Additional documents can be consulted, for information relative to the area's socioeconomic trends and conditions: the Kalispell Groff Policy 202 Resources and. Analysis Section, the 2001 Update of the Flathead County Overall Economic Development Plan, the Kalispell area Transportation Plan, the Zoo Federal Census, Flathead Gauges 2003, and the Kalispell Area Chamber of Commerce Annual profile. The area's population continues to expand at a. steady pace with the potential for unprecedented groom over the next twenty years. The Kalispell. Growth Policy indicates that Flathead County's population could increase by another 30,000 in that time - an astounding 0% increase, According to the 2000 US Census, Flathead County has seen a growth rate of 25. % between 1990 and 2000 while the state of Montana during that same pen*od firer at half of the county rate posting a. 12.9% increase. Kalispell itself grew at a rate of 19.4% during the same decade reaching a 2000 population figure of 14,223. pHYSCAL GROWTH TRENDS The city population only grew by 2,000 people from 1940 to 1990 and d.id not significantly expand its physicalboundaries prior to tl is tl�e. l o ever, growth has accelerated since then. In 1990, the physical area. of Kalispell was 4.4 square riles; by the end of 2003 the city contained 7.5 square miles, a 70 percent increase in land area and a physical growth of 3.1 square miles. Th* growth tread appears to be accel.eratiniz since in the last five years from 1999 to 2003 the city has grown to include and addition 1,238 acres (1.94 square miles) as shown below. These figures indicate that the land area of Kalispell grew by 34.9 percent during this five year period which statistically represents an average annual growth gate of 6.24 percent. 5 Kalispell Land Annexations -23 Year Acres annexed S* miles annexed Annual area 9—rowth rate [2000 195 :.31 5.4% 2001 5 12 .80 13.2% 22 83 .13 1 . % The city is currently experiencing significant growth pressure. There exist certain "influencing fa.cto -s" which can either stimulate or impede the direction or rate of the physical growth of a city. In conjunction with the ability to provide services, these influencing factors rust also be given consideration In the establishment of future service and growth area boundaries. M Re di s growth The identified impediments to growth in and around Kalispell are floodplains, so .s unsuitable for development, and steep slopes (see Figure . In addition to these environmental limitations, existing and proposed rural low density residential and commercial development on individual serer and grater services is a significant impediment to logical urban expansion around Kalispell. Finally, the presence of the Evergreen water and Sewer District serves as a. physical barrier to the immediate iate east. Floodplains are those areas that are subject to periodic flooding. While development adjacent to waterways and shorelines .has historically been desirous, and at times necessary, there are associated costs, including loss o life, property damage, and the disruption of business. Floodplains have both value and unction- development on and modification to these lands, however, can have adverse affects on not only water resources, but on living and cultural resources as well. Floodplains associated with the Whites.., Stillwater are Flathead Rivers and their respective drainages cast of Kalispell are a l miting factor with respect to urban groom in that direction. Soils unsuitable for urban development: The existence of certain types of soils renders some areas of the valley unsuitable for urban development because of one or more of the following properties: alkalinity, salinity, acidity, or slow or rapid permeability. For the most part these soils occur south of the present city limits,, and to a lesser extent to the west. Although some soils may be unfavorable for development, most disadvantages can be overcome through engineering solutions and construction techniques. It should be noted that while the disadvantages these soils present can be overcome, such circumstances will likely result in added expense to the public in providing IN Figure 1. IMPEDIMENTS TO GROWTH FLOODIPLAIN, WETLANDS, HYDRIC SOILS & STEEP SLOPES KALISPELL EXTENSION OF SERVICES PLAN KALI S P E ILL G ROWTH PO Ll CY AREA N CITY OF KALISPELL/ PLANNING JURISDICTION BOUNDARY 9115104 POTENTIAL UTILITY SERVICE AREA + 100 YEAR FLOG DPLAIICI IODIC SOILS SOILS WITH HYDIC INCLUSIONS WETLANDSSE010E J&wmmal WW*&MWW bm"wry DC*bpl- "m 1* pmpsmol - cahmuftem fy�mq ftitw 49rvaftn madrEw SLOPES GREATER THAN 15% Kalispell Extension of Services Plan Septem be r 2CO4 GIS�ka I is perkExte nsic n of S ervlces\flg 1 -dWg services such as streets, serer and water se 'vice, and storm drainage, and to the property owner in terms of construction and engineering costs. S10 generally exceeding fifteen percent 5% are considered an impediment to urban development and 30% an outright ro ii ition. Development on such slopes, including buildings, roads, driveways and other improvements, can have significant impacts on existing drainage patterns, n anan vegetation, i-Idli e, adjacent(particularly downhill) properties, and the existing natural scenic qualities of the community. While the City of Kalispell is generally situated on the valley floor, there are instances of steep slopes southwest of the city and along certain segments of the Whitefish and Stillwater Rivers. Rural lour d e sit de relo r er t: Wile a ro='atcly 15,00people live within the city of Kalispell, it can . be roughly estimated that approximately and an equalpopulation lives within 3 miles of the city o Kalispell. In many cases this rural� ral population has completely reed sectors o the city.On the north, west and south sides of the city, this type of development is typified as having lot sizes of 1 acre or larger, single family residential in character and seared by individual or private septic and well. The low density character makes it extremely costly to serve with municipal services. Additionally, it adds considerable expense, and in some cases serves to be cost prohibitive to by ass or extend services beyond to the next vacant developable tract of land. Ever een CountyCounly water and Sewer district; On the east side of Kalispell lies Evergreen, an unincorporated community built to a quasi Urban density. (Figures 2 & 3) The Evergreen County Water and Sewer District encompasses the heart of Evergreen. The District operates a. public waiter system which serves a. significant population in the Evergreen area including a small area within the Whitefish Stage Evergreen Drive area of the city of Kalispell. Additionally, the District operates a. sewer collection system within what is called the Evergreen RSID, an area smaller than the water service area. The District, aria a contract with the city of Kalispell, transports the District's effluent to the Kalispell surer treatment plant for final treatment and disposal. The presence of this District on the east is a physical and political barrier. At resent, there appears to be no advantage on the part of the city to explore annexation of portions or all of the Evergreen District Growth Stimulants Growth stimulants can be defined as any pressure exerted upon a city which may cause or encourage that city to grow in a particular direction. Growth stimulants is may be physical factors such as a. scenic environment or a. proximity to serviees and/or utilities. A desirable quality of life and a. strong economy can also stimulate the growth of a city. The physical beauty of the Flathead Talley and its perceived quality of life has spurred s . stantiai growth in recut rears. The greater Kalispell area is expected to continue to attract its share of the area's overall population groom, mainly due to its role as the Flathead County seat., and the retail, medical, financial and seance hub of the area. 7 Prevailing Growth Patterns The Prevailing growth patterns in the Kalispell area, and the probable groom stimulants associated t .erect ,, are as follows North, along Critesh stage road This area is generally served by both sever city of Kalispell) and ra.ter (Evergreen Water District), is proximate to city amenities and are elementary school. There are established suburban subdivisions in the vicinity - Mission Village and Hillerest Estates - and there are subdivisions under construction Village Greens and Glacier Meadows. North of reserve x * , there s potential for the expansion of an existing neighborhood business center at Reserve and Whitefish Stage, and there is significant developable land for future residential neighborhoods all the way north to Rose crossing. North, along Highway hway 3, south of TronstadRoad The Kalispell regional Hospital ital complex has undergone a significant expansion, the Buffalo Commons retail/ profess'onal complex north of the hospital is rearm build -out, the Greenery location is redeveloping as are office residential project, the college is In the process of a significant expansion, the Kalispell Youth sports complex continues to develop, Mo ntain View Plaza and the first commercial phase s n* n Prairie on section 36 are well under moray and municipal water and sewer have been extended to the intersection of US 93 and Reserve. All of these factors are contributing to significant interest, primar ly commercial, on forth US 93. A regional retail mall has been fro -posed and approved by the county approximately 1 mile to the north of the current city limits between Us 93 and Whitefish stage. This area is within. the Potential Utility services Area of the city. If developed, this will serve to be a significant magnet for future groom and development. - North, along i hwa r 2 north of Reserve Commercial development alone; the Highway 2 strip through Evergreen has continued at a sustained basis although slowing as the commercial engine o the valley has shifted over to US 93 now in the past 2 years. There is still significant vacant land north of and adjacent to the Evergreen Water and Sewer District available for development. Highway improvements, ents, the availability r o grater and the potential for public surer and its proximity to Kalispell continue to plaice the spotlight on this commercial strip primarily along Us 2. Potential for residential development to the cast of US 2 is also prevalent. South, along South Woodland Drive and Kelly road Developable land continues to decrease as the recently approved Willows Subdivision is built out and Leisure Heights and Muskrat Slough are now under construction. Growth stimulants in this area include the proximity to city amenities, the availability of city services and utilities, existing, though limited, infrastructure, and a. limited inventory of undeveloped land. 8 - S o. th along US Highway 93 South Sewer and eater mains are being installed from the city limits to Four Comers as Pam of the Highway 93 re -construction project. This will spur the hook up and annexation of existing commercial development along the highway. It will also open up significant vacant lands immediately south of four corners for commercial, , industrial are.d residential development. - South, along Airport Road Residential subdivision activity continues in this area because of the availability of city utilities, excellent transportation infrastxucture and the proximity to Kalispell and its amenities. - South, below Sunnyside Drive, East of Valley View Drive Residential subdivision activity continues in this area at a. rapid pace because of the availability of city utilities, and the proximity to Kalispell and its amenities. -w Southwest, in the Foy"s Lake area This area is experiencing steady residential development as It affords residents a. rural lifestyle within minutes of the arnenities Kalispell has to offer. West, in the Three Mlle Drive, Stillwater Road, West Reserve Dave area.. City uWities have recently been extended dawn Three Mile to Stillwater Road and north 1/ mile along Stillwater. This and the significant presence of vacant developable land and a major c r street system(Three-Mile, Stillwater, Reserve n've and a planned by-pass) have created tremendous interest and potential for residential development. Inf l , where avail abl e There is not an abundance of undeveloped land Mthin the city, but there are areas with development and redevelopment po ential.. Neighborhood plans, serving as amendments to the City Growth Polley, have been developed and adopted for the Kalispell City Airport and its environs, and the North Meridian Road area between Highways 2 and 93 in the northwest sector of Kalispell. The adoption of these plans will help facilitate appropriate development in each neighborhood. There are also existing residential areas In south Kalispell that could accommodate additional density through the extension of city utilities. I Projected Growth Area t is recognized that there are no overwhelming barriers that would impede the physical growth of the city during the next fire years. The Flathead River an the Evergreen Sewer District to the east and the Lone Pine bluffs to the west will limit logical city expansion in those specific areas but such impediments are not cn'tical in the short terra.. Existing low density rural development o private septic systems and wells to the east on Two Mile and Foys Lake Road and in the southeast in the Willow Glen/Conrad areas will also limit io ical expansion. The groom stimulants discussed above, particularly the availability of city utilities and vacant developable land will presumably steer the future urban growth of the City of Kalispell. Kali elf Potential Utility Service Area The boundaries of the Potential. Utility Service Area. of Kalispell are presented in Figure 4. As was stated in the introduction, the establishment of the Potential Utility Service Area was critical in the preparation of the Extension of Services plan. The urban services boundary was prepared based on the City of Kalispell Water, Sewer and Strom water Drainage Facility Plan prepared by H R Engineering, Inc/ Morrison Maierle, Inc. Land and Water Consulting a . in hand with the update of the City Growth Policy. 10 Figure 2. SEWER SERVICE AREAS KALISPELL SEWER SERVICE BOUNDARY EVERGREEN SEWER RSID BOUNDARY KALISPELL EXTENSION OF SERVICES PLAN 0 411P w KAL I S P ELL GROWTH POLICY AREA CITY OF KALISPELL / PLANNING JURISDICTION BOUNDARY 9/15/04 twiles EVERGREEN SEWER RSID BOUNDARY () .25 5 .75 POTENTIAL UTILITY SERVICE AREA (EXCLUDES EVERGREEN SEWER DISTRICT) Kalispell Extension of Services Plan September 2004 GIMkalfspe.AExterislon of ServiceMfg2dwyg CILAFTER5 EXTENSION OF CITY SERVICES Concurrent with reviewing the above information to determine the potential utility service area is the need to assess the Cit 's existing utilities, services and infrastructure. Water, sever and storm sewer Facilities were the subject of the comprehensive study - City of Kalispell Water, Sever and Storm Drainage Facility Plan dated July of 2002. In addition, fire and police protection, solid wasdisposal are streets were the subject c the recently adopted Kalispell Growth Policy 2020. . number of studies have been dare to determine the effects of various types of development on a municipality's cost outlays. These sties have consistently shown that the net public costs resulting fromlow-density sprawl development and higher than those resulting frorn higher density developments of the same number of homes. In simple terns', it costs more to extend sever and water service, to provide police and fire protection, to Fund roach repair, to send out school. buses, and to provide refuse collection service when homes are spread out than when they are proximate to existing services and facilities. in order to achieve compact, orderly and efficient urban growth., plans For the extension of municipal services into growth areas must be developed are implemented. In addition to identifying the services available and a. plan to physically provide those services within a defined service area., it is also essential to both identify the party responsible for service extension and a metal of fmancing the extension. The services which are considered for extension into the Future growth areas of the city are streets, sanitary sewer, storm sewer, water, police protection, fire protection and solid waste collection. STREETS The trans orta.tion network within and around a community plays a, significant role in its physical development and growth. This network of streets, roads and ig wa rs should e coordinated to Form a. systern that not only provides efficient interval circulation, but one that also Facilitates through txaffic. Since streets serve two basic functions., moving traffic and providing ,access to abutting lands, each street should be classified and designed for the specific function or combination of functions that it is to serve. This functional classification system forms the basis for planning, designing, constructing, maintaining and operating the street. system. Street classification can also be used as an equitable and practical method of allocating responsibility For street and road construction expenditures. For these reasons urban streets are generally designed are.d develo e in a hierarchy comprised of the Following types: 11 Major serials major or road. or highway with moderate to high speeds and high traffic volumes. .major arterial provide access to the regional transportation network, and move traffic across the county and between cities and communities. access to abutting ands is limited. Traffic volumes would typically exceed 15,000 vehicles per day. Mincer serials major road with moderate speeds designed to collect or move traffic from one major part of the community to another or to move traffic to and from the major arterial. system. Traffic volumes would generally range from 5,000 to 15,000 vehicles per day. Collectors secondary or intermediate street with moderate speeds and low to moderate volumes. Such streets would collect local traffic from neighborhoods orhoods and cam it to adjacent neighborhoods or transfer the traffic to the arterial system. Such streets would typica. y serve a neighborhood or area with 150 or more dwellings and carry 1,000 to 5,000 vehicles per day. Local Minor streets interided to serve i dividuai sites, buildings or lots. Local streets eter deed into collectors or rode destination access off o collectors. Streets within the Kalispell City Growth Policy area are listed according to functional classification in the Growth Policy. The Kalispell Area Transportation Plan KA, which has been adopted as are integral element of this plan illustrates the major street network . 63-68, KA . This proposed network is based on the transportation an's travel demand projections for the year 2015. The City of Kalispell street system is comprised of more than o miles o streets and alleys, and some 2500 acres of public rights -of -way. The KATP has identified priority projects for the Kalispell amd surrounding street systems, which, if implemented, will achieve re the proposed. Major Street Network and result in a benefit to existing traffic system performance. The proposed improvernents will also serve future development needs as urban development expands into the aid a.ce t rural areas surrounding Kalispell. The plan, in addition to identi�ng deficiencies and recommending improvements,, also gives cost estimates for the improvements and identifies funding responsibility. The priority projects identified in the KATP i . }olve, for tie most part, either arterials or collectors, which are typically the responsibility of Feder,-d, state or 12 local governments or a combination thereof, with respect to construction and maintenance. All new development, pursuant to annexation, which further im acts the em4sting or proposed street network, will be subject to conditions s of approval intended to mitigate said impacts. It will be the responsibility of the developer- of a new subdivision to provide local streets built to city standards,, including curbs, gutters, sidewalks, boulevards, street signs, street lights and street trees. Standards for such improvements are contained in the City of Ka ,is ell"s Subdivision Regulations and the City's Standards For Design and Construction. The Po .icv section of this plan details these requirements. STET MAINTENANCE The City of Kalispell plows dedicated streets within the incorporated orated area, while the Montana Department of Transportation plows U.S. Highways 2 and 93 through the city. As annexation occurs the same plowm'g procedures will be followed. The present equipment is generally considered adequate for the city`s snow plowing reeds, although in the evert of are unusually heavy snowfall the City will contract with local operators for assistance. The need for additional equipment and personnel should be determined and coordinated as the city grows. The City of Kalispell also levies a. Special. street Maintenance ce Assessment on properties within the city, This assessment provides for the salaries of the City street sweeper operator and support expenses associated with sweeping and flushing streets, leaf removal, snow removal and sanding/ de-icing services. Currently, the assessment is $.0086 per squaxe foot of lard.. S"ARY SEVM sewerage system is a network of sewers used to collect the liquid wastes of the city for subsequent treatment. The location and capacity of main sewer limes and treatment plants are a factor in determining both the density and location of development Within a community. Generally, the design of main n sewer lines and plant capacity is reflective of anticipated lard uses an Population projections of a. predetermined t1service" area.. Sewage is collected by a. gravity flog system, wherein sewer linos are laid otit in a. manner as to flog continually downhill. Where grades are insufficient to provide gravity flow, pumping of the sewage becomes necessary. Adding rn stations to the system correspondm*gly adds expense and maintenance needs and is generally discouraged, The City system currently contains more than 75 miles of sewer mains and 23 sewage lift stations, Figure 2 shows the Seger Service areas. The City of Kalispell operates a. wastewater treatment plant which provides tertiary level treatment with advanced biological nutrient removal. The plant is located on the south edge of the city on Airport Road. The treatment plant is designed to accommodate a. flow of approximately 3.1 million gallons per day (mgd). A plant of this capacity is able to serge a population of approximately 3 1,000. The plant is currently treating an average of 2.4 mgd of effluent. 13 Figure 3. WATER SERVICE AREAS KALISPELL WATER SERVICE BOUNDARY EVERGREEN WATER DISTRICT KALISPELL EXTENSION OF SERVICES PLAN w m m MMEESS m 13 UppirFaY.O! A ny o it 0 n C13 m M "off. 0 WIG MLIS P ELL G \N7H POLICY AREA CITY OF KALISPELL I PLANNING JURISDICTION BOUNDARY 9/15/04 miles EVERGREEN WATER DISTRICT POTENTIAL UTILITY SERVICE AREA (EXCLUDES EVERGREEN SEWER DISTRICT) Kalspell Extension of Services Plan Se pte rn be r 2004 G181ka1ieipio,5-xten6on of Serykes?ft1dwg. High groundwater infiltration a -and storm runoff inflow have a. negative impact on the City's collection system. . Infiltration are.d inflow are extraneous waters which can eater the sewer system and thus reduce the sewage carrying capacity of the serer, pump station and treatment systems. As the amount of infiltration are.d inflow is reduced, the ability of the plant to serve a. larger population is increased. Much of the storm runoff inflow has been eliminated through the construction of underground storm drainage facilities, elimination of cross -connected storm ester catch basins and disconnection of roof drains from sanitary severer lines. As the Clty's street reconstruction program continues, storm drainage is being improved. And, as redevelopment of older buildings in the core area of the Kalispell business district continues the infiltration of stormwater via roof drains will be greatly reduced. The residents is of the Evergreen area are served by the Kalispell wastewater treatment ent la .t via the Evergreen sewage collection system.. This collection facility w'as constructed in 1993-94 and is owned and operated by the independent Evergreen. Water and Sewer District. The system consists of 3 miles of conventional gravity are.d small diameter serer lines, 23 lift stations and 10 miles of pressurized sewage force mains. The system is designed to serge 2,500 to 3,000 customers and y contract is allotted a. 22% share of the City of Kalispell wastewater treatment lant's current operating capacity more specifically, this contract volume is set at 682,000 gallons per day.) Figure 2 also shows the Evergreen. serer RSID boundaxy. The design of new sewage collection systems must meet the current requirements of the Montana Department of Heath and. Environmental Sciences, the Montana Public Works Standard Specifications, the City{s Standards for Design and Construction and the policies for extending services described in this plan. Most of the Kalispell service area which is not developed at this time will, upon development, require new sewage lift stations or will impact existing sewage pumping facilities. The major exceptions are certain areas west of town, where in some oases gravity sewer extensions can be designed to serve the areas adjacent to the current city limits. However, as development continues further er merest, sewage lift stations v11 be necessary. Throughout the Kalispell serer service area there are several high density resi entla . neighborhoods utilizing septic sewage disposal. Properties served y septic systems inside the city limits 'include lands east of Dry Bridge Park. along Woodland Avenue and South Woodland Drive, and scattered lots merest of Highway 93 and north of Three Mile Drive. As development occurs rear and around these areas Provisions should e made to bang them onto the City sewer system. Outside the city limits, Kalispell is ringed y areas of low density residential tial development with septic sewage disposal. These include the Ramsgate and North. Haven subdivisions on the northwest, the Two Mile Drive (rest of spring Creek) and oy's Lake areas on the west, scattered development on. Willow Glen 14 Drive between Erwin Acres Drive and Conrad Drive on the east, various subdivisions on WhitefishStage Road on the northeast, and the Country Estates and Mountain villa. developments on the north. These areas, as well as the Evergreen sewer special improvement district, comprise the City of Kalispell seiner service area as shown on Figure 4 (Potential Utility Service Area map). During the next five gears, and beyond, the influences of continued property development, failing septic disposal systems, and the State's Water Quality and Non -degradation Rule will combine to brim.g mars.y of these areas onto the City's serer system. Serer extensions associated with the Evergreen force main are govemed by the policies of the City of Kalispell, as properties served by those extensions will also be customers of the City of Kalispell. The Evergreen force main is a 1 - inc -iar..eter, 5-mile-long pressurized sewer main, designed to carry over 700,000 gallons per day of liquid sewage; the policy for extensions from this force main are intended to limit the possibility of damage to this vital link between the Evergreen and Kalispell systems or of an interruption of service. Connections will be limited to pressurized force mains from lift stations serving neighborhood collection systems and, to minimize the number of connections to the 1 -inch force ma -in, each neighborhood lift station will be desigried to maximize its potential service area. Detailed engineer n . studies are required to determine the best location for the sewer lines and lilt stations based on individual development proposals, with consideration given to the lore.g range needs of the area(s) surrounding the development site. STORM WATER MANAGEMENT Storm water runoff is the grater flowing n over the surface of the ground during and as a. result of a ra-infall or as a result of a snow melt. The primary goal in the management ent of storm water runoff is, through the provision of appropriate facilities, to minimize hazards to life and property. This is accomplished by using storm sewers to collect and carry rain or surface grater to a natural water course or body of grater in such a way as to prevent flooding and the resultant damage. There are eighteen primary storm water dram age o tl`alls in the city. These are detailed in the City's Water, Sewer and Storm Drainage Facility Plan. dated July 2002. The remainder of the city has, for all practical purposes, no storm surer infrastructure. storm water is drained by flowing along gutter lines and i streets. Most recent developments within the city limits which are unable to tie into existing systems utilize less complex, on -site means of handling story. . water. As new city streets are constructed, and as existing streets are improved., storm. drainage infrastructure will be installed or improved. Those persons developing property have the responsibility to convey storm water from their property to an 15 appropriate point of disposal. The quantity and rate of runoff from a developed piece of property should not exceed that which would occur had the property remained undeveloped. The City also levies a Storm. severer Maintenance Assessment on properties within the city limits. Assessments are based on the classification of the property according to use, and rare from $0.00323 to $0.0052 per square foot of land area. Gleam Water .act regulations now require storm water management plans for urban areas with .atio s in excess of 10,000. The City worked in partnership with the Montana Department of Transportation to develop a comprehensive and jointly used storm wrater management program for the Kalispell Urban Area. This plan was submitted to the Montana Department o Environmental Quality for that age c r"s review and approval. WATER t is the stated mission of the City of Kalispell Water Department to provide safe, potable and palatable water for the needs of the domestic, institutional, industrial and commercial consumer and to provide adequate pressure and flow to meet fie fighting and irr' gation needs. As growth expands into areas served only with on -site waste disposal facilities (septic and cesspool systems), ors -site water supplies become more susceptible to conta-mination. Figure 3 shows the Water Service Areas. Additionally, the proliferation of aging septic tanks and cesspools found in the fringe areas of the city poses a threat to the aquifers that provide the community's water. Therefore, as a. measure to Ms re the public health, it is desirable to make the - llc water supply available to those areas contiguous guous to the city. In order to facilitate the preservation of safe potable water supplies, the City has Partnered ere with the Montana a Department of Environmental Quality to prepare comprehensive source Water Assessments for all public grater supplies in the Kalispell area. This effort covered aU lame and small public water utilities regulated by MDEQ and totals nearly 60 such systems for the Kalispell area.. Copies of these individual assessment reports are on file with each public system as well as at the Kalispell Public Works Department were copies of all the reports are maintained. Water for the City of Kalispell is supplied by a publicly -owned system'of water wells and a natural spring, The pumping station at the spring has three pumps with capacities of 3,000, 2,500, and 2,000 gallons per minute gpm respectively. The three pumps are capable of simultaneously pumpi etween 6, 100 and 6,200 gpm, but by agreement with MDEQ, pumping is regulated to a maximum of 2,000 gpm. Chlorination is the sole treatment method for the City water supply. In addition to the spring, there are four wells which provide additional water supply from are average depth of 250 feet. The well water is also treated by chlorination to ensure the water remains free of potentially harmful bacteria. The wells are located at the south edge of the city In the 16 igure 4. POTENTIAL UTILITY SERVICE AREA KALISPELL EXTENSION OF SERVICES PLAN KALISPELL GROWTH POLICY AREA KALISPELL CITY LIMITS / PLANNING JURISDICTION BOUNDARY 9/15/04 � POTENTIAL UTILITY SERVICE AREA Kalispell Extension of Services Plan September 2004 GISkkallspeAExtension of Seryicesft4-dvoq vicinity of the National Guard Armory, in the center of the city near Depot Park, on Grandview r e rear Flathead Valley Community College and on Buffalo Hill. Water storage tanks are used to equalize pressure throughout the 77 mile -long distribution system are.d to provide emergency supply in case of an interruption of power or a failure of pumping equipment. .ey also prov1de the flog necessary to meet peak demands. The amount are.d loca.tion of stored water also represents a. key component of the water system's ability to deliver water for the purpose of fire suppression. The City currently utilizes two storage tanks with capacities of 2.7 million gallons and 1.7 million gallons respectively. A nearby booster station pumps water into an elevated tank with a 100,000 gallon capacity, This system serves the upper level pressure zone w those areas of the city generally lying above 3,000 feet in elevation. The City"s water system is described in detail within the City of Kalispell Water, Sewer and Storm. Sewer Drainage systems facility plandated July 2002. Under the requirements of the Federal Safe Drinking Walter Act SDWA , the water supply is tested for a wide vahety of contaminants on a. regular basis. Extensive testing for coii orm bacteria., giar i a cysts, lead and copper, and a. wide range of solvents and pesticides has shown that Ka .is e #s water is of the highest quality. Pending SDWA requirements include additional testing and a. comprehensive backflow prevention program to prevent contamination through sip ona.ge or back -pressure. This water service plan is developed to guide the extension of water mains into areas of growth as and when development occurs. The plan is based on the objective of providing adequate water flog to meet household, commercial, industrial and irrigation demands, while meting fire protection needs as well. The distribution ution systems. must e able todeliver water i sufficient quantity to all residents ata.i tires. Ideally, a water distribution system is of a grid layout with supply and storage facilities strategically located to equalize pressure dun'ng periods of heavy demand. Dead-end lines should be avoided to eliminate ix ate stagnant water and to reduce the number of customers who would e out of water during per'o .s of line repair. The provision of grater for fire fighting purposes is as important as the requirements required for domestic and commercial uses, and must be considered when evaluating transmission, storage and istribution facilities. Although structure size and type to a large degree determine fire flow requirements, ents, certa-in areas of the city and its environs, based on anticipated or potential land uses, have been identified as needing specific fire flows. As a Dint of reference, for single -story structures the available ire flow should be a minimum of 1,000 gallons per minute (gpm) . The Evergreen. Water District operates a. municipal community water system which originated in 1968. (Figure 3) The present system consists of a series o wells with average daily capacity in excess of 2.25 million gallons. The system also includes a ground -level storage tank with a. capacity of I mil o . gallons. 17 Any discussion of Ka.lis ell's water service area excludes those areas served by the Evergreen Water District. SOLID WASTE ALWGEMEN Solid waste management ement - the collection and disposal of solid refuse is provide. within the city by both the municipality itself and by pnvate haulers. .e majority of households within the city are server by the public utility, while the bulk of the businesses in town are served by private haulers. Refuse collected within the city limits is transported to the Flathead County landfill fill located approximately five miles north of Kalispell. The City provides weekly residential pick-up of refuse for an annual fee, presently $90.00, i.le businesses receive, if needed., multiple pick-ups each. week. The City utilizes side -arm loading packer treks and rear loading packer trucks for collection and transportation of gaTbage to the landfill. The demand for solid waste collection is directly proportional to the size of the commisni-ty. Therefore, as the City of Kalispell accepts annexations, its solid waste service area will increase as well. The extension of this service to newly -annexed areas is subject to the provisions and limitations of -2- ' 3 , I.C.A ., as follows: I. A municipality that annexes or incorporates additional area receiving garbage and solid waste disposal service by a motor carrier authorized y the public service commission to conduct such service may not provide competitive or similar garbage are.d solid waste disposal service to any person or business located in the area for 5 years following annexation, except: a. Upon a proper showing to the public service commission that the existing carrier is unable or refuses to provide adequate service to the annexed or incorporated area; or . After the expiration of 5 years, if a. majority of the residents of the annexed or incorporated area sign a petition requesting the municipality to provide the service. 2. if a proper showing is made that the existing carrier is unable or refuses to provide adequate service to the annexed or incorporated area or, after the expiration of 5 years, if a majority of residents sign a. petition requesting service from the municipality, the municipality may provide garbage and solid waste disposal service to the entire annexed or incorporated area.. 3. For the purposes of determining whether an existing motor carrier provides adequate service, those services provided by the comer prior to annexation are considered adequate services. 18 FIRE SERVICES The Kalispell Fire Depaxtment is an all career department providing service throughout the city and in addition ambulance response to not only the city .t an area of about 40,000 residents outside the city. Montana state Code prohibits the department from having volunteers or paid -on -call firefighters because our city has over 10,000 residents. The department currently has twenty-one -one extensively trained firefighter ara�.e ics. The .e argent has tree sifts, providing five to seven personnel ors -duty, twenty-four hours a. day, seven days a. week. The city enjoys a fire insurance rating of ff # with all areas of the municipality equipped with fire hydrants. The Kahs el . Fire Department responds to a wide variety of situations ranging from resi ential, commercial, wildland, and non-structural fires, fire and sprinkler alarms, hazardous r. a.teria�.s incidents, vehicle extrica.tions and other technical rescue situations within the city. In addition to fire suppression, the department provides fire prevent -ion services, including ,. lic education, code enforcement, and fire investigation. The prevention division is compn*sed of a. firemarshal and fire inspector who work closely with he Kalispell Building Department and Public Works Department .ent to insure that new commercial and residential subdivision construction projects meet fire and life -safety codes. Ambulancesem'ces The Kalispell Fire Department also provides paramedic advanced life support and ambulance transportation rta.ti.on using the cross -trained firefighters. The department has four Class A ambulances and responds to about 3000 requests for ambulance transport each year. The service area includes the city limits or growth policy area and extends 14 miles north, east and west of the city and for 25 miles to the south for emergencies. Fire Facilities Kalispell Fire Department responds out of a single station locate. in Kalispell City Hall, 312 Ist Ave E. The facility was built in 1967, and houses three fire four ate. ulances, and a. il. lar�. engine. The ernes, oneladdertruck, building also houses the administrative offices and the upstairs portion of the facility is the firefighters living quarters. This portion of city hall is a secure area; anyone entering this onion of -the building must have authorization r are. escort. The living quarter"s portion of the building was designed for up to four people ors. -duty. There are now seven firefighters on -duty each shift. New personnel for staffing the a proposed north station will be added increme tal , and will respond out of main station until the north station opens in 2006. At that time, staffing at the main station will drop to six operations personnel. 19 Future Needs ccoar ng to the Insurance Services r�.ce, a city t .e see Kalispell �� � � present equipment and personnel should have a ma�rr� rr� sdistance of 1.5 miles for the closest fire engine are.d a. maximum ladder truck response distance of 2.5 miles. While half of the city meets this standard, a substantial are.d growing area to the north, west and south s beyond the optimum service area. Fire protection is currently provided to areas as fair as 4. 15 miles from the downtown station with response tomes of 3 to 13 minutes for the first clue fire engine, 8 t minutes for the ladder truck and 12 to 18 minutes for the second fire engine. To address the need for extended service, the location of a north fire station has been identified, and the design process is underway. This station will be located near the intersection of Highway 3 and Four Mile Drive. Personnel and apparatus will be moved 'rom the main station to this station when it opens in 2006. This station will have four personnel on -duty each shift, a fire engine, two ambulances, and a Aildland engine. There will be room for the eventual expansion to eight on -duty personnel, are.d an additional ladder truck. Three additional itiona. locations are identified in the Kalispell Fire Department Station Response Area Plan in addition to the existing station and the north station under development. They include a. west station on Three Mile Drive, a south s>tation near Hwy 93 and Cemetery Road and a. northeast station vicar Reserve and LaSalle. This pran spars the next thirty years, and ill be adjusted as annexations occur- and the population changes. (Figure 5 t is imperative that the City search out and acquire property in these locations early, before development reduces the locations available. This prevents the City from placing fire stations in locations that are less than ideal. 20 KALISPELL FUTURE FIRE SERVICES PLAN STATION & RESPONSE AREAS KALISPELL EXTENSION OF SERVICES PLAN Kalispell Extension of Services Plan September 2004 G1S\kcA1spe(\Extens1on of Serv1ces\f'1g5.dwg LAB'` ENFORCEMENT The Kalispell Police Department, headquartered in Kalispell City Hai, has a total staff of 38 in 2004. There are 29 officers on staff, 20 of which provide a city-wide 2-hour patrol. At any given time the Kalispell Police Department is influenced y a much larger population -th ate. the 15,,000 residents of the city. As both a tourist destination spot and a regional reta, financial, medical and service hub, the City of Kalispell is estimated to have an average daytime population of 40,000 during .e peak summer months. These factors obviously impact the efficiency and effectiveness of the police force. other factors that impact the department are the number, frequency and location of crimes and traffic accidents. s the city grows both physically and in terms of population, it will be necessary to staff and equip the police department accordingly. 21 CEMPTER POLICIES FOR THE EXTENSION OF CITE` SERVICES OR UTILITIES General Policies The following general policies shall be followed for all properties to be developed ec with or without annexation into the city of Kalispell: l: t is the responsibility of the developer or property owner to design, construct are.d finance all new public or private infrastructure. This would include but not be limited to the gaiter and sewer systems mans, reservoirs, pump stations, culverts, storm water drainage systems, roadways, si e valks, curbs, gutters, landscaping street lighting and necessary rights -of -way extensions. These would be designed and constr-ucted in accordance with the Kalispell Extension of Services Plan and Kalispell Standards for Design and Construction. Infrastructure improvements shall e of adequate size and design to accommodate the needs of the proposed development. In the evert that a. development creates impacts requinng off site improvements, ents, the Kalispell City Council will determine whether the developer shall who iy or partially bear- the costs of such improvements. 2. The developer or property owner shad.l be responsible for providing water systems that meet the projected domestic gaiter and fire flaw requirements of the development and shy include all fire protection appurtenances and required water flow rates and pressures determined by the Kalispell Fire Department er t based on the land use, type of construction and compliance with applicable cores. 3. Seger systems shall be designed to avoid the use of lift stations where feasible. Any lift station shall e reviewed and approved by the Kalispell Public Works Department. . Any new development which creates additional impacts to the existing or proposed roadway system will be responsible for the mitigation of impacts attributable to the development. . Any development beyond city limits that is proposing to extend or connect to City services or utilities, must file a Petition to Annex Notice of Withdrawal from Rural Fire District with the Kalispell City Clerk which will e filed with the Flathead County Clerk and Recorders Office prior to the provision of those services. �. In certain circumstances the Kalispell City Council may determine that certain properties proposed for development and connection to City services or utilities should not be immediately annexed. The developer or property owner shall le a Waiver to Protest Annexation / Notice of Withdrawal from Rural Fire District with. the Kalispell City Clerk who will record the document at the Flathead County Clerk and Recorders Office. 22 'rye waver to protest annexation shall be a covenant that runs with the land a.nd shall not be affected by charges in ovmers i . Withdrawal from the rural fire district would d not occur until such time as the property is annexed to the city. certain circumstances the Kalispell City Council may determine that certain property proposed for development and connection to City services and utilities not be immediately annexed, but rater subject to the creation of an annexation district. Property included in are, annexation district would be subject to the provisions of an agreement between the City of Kalispell and the owners of the property included in the district. Not withstanding any requirement herein that obliges a developer to install all facilities required to scare a. proposed development, the City Council, at its sole discretion., may determine that certain cr*tical facilities having a cride and general bereft to the community in respect to fostering orderly and thoughtful growth, may be designed and installed y the City. These facilities may include, but are not necessarily limited to, road or storm. drainage systems, and major installations or extensions of interceptor sewers and water mains having the ability to serge large areas anticipated to develop in accordance with the City's Growth Policy Plan and then, upon development, to annex to the City. a.. With respect to utility systems a.nd the potential extensions thereof, funding of said extensions shall be accomplished with System Development Charges (SDC) collected from new City utility customers and reserved specifically for the construction o growth -related improvements of the City's utility systems. With respect to road and storm drainage systems, funding shall be accomplished In a. manner deterrru'ned by the City Council. In pursuit of this Policy objective, the City may also, at its sole discretion, determine that installation of any or all of said facilities, including utility systems, may best be accomplished through a public/private partnership with a developer. o. For any improvements ements installed with resources derived from the City's utility SDC accounts, said accounts shall be reimbursed for the expenditures either through a system of surcharges upon and above the regular SDC fees for said systems, developed in the same manner as described in the section herein for late -corner fees related to Developer Extension Agreements, ts, or ait m atl ely., through annual revisions of sal . SDC fees. 23 Policies for the Extension of sakes to Undeve d Areas Each development should be considered an integral component of a. comprehensive system of the City. Therefore, any development or subdivision of pro err within the Potential Utility service area shall be designed and eons r c e . based on urban standards. These may be standards adopted the City of Kalispell and the Kalispell Standards for Design and. Construction, Flathead County, the Montana Department of Environmental Quality, the Flathead City -County Health Department to ensure that a high quality standard is adhered to an main a*ne . 1. Any development or subdivision of land outside the city limits but writhin the Potential Utility service Area that rcquests connection o City utilities or is required to connect to City utilities _shall e reviewed y the Kalispell Site Development ReviewCommittee are he Kalispell Public Works Department for comment. Review of these projects shall. be done in accordance with are agreement between the City of Kalispell and Flathead County. 2. In the event that properties are not to be immediately annexed to the city, the City shall require -that said new development and associated utilities e constructed in accordance with the standards and policies contained herein. 3. Where construction of a. sanitary sever system or storm water management system is being proposed, are assessment of the future needs of the system should be Identified and systems sized accordingly. It is the responsibly of the developer or property owner to bear the cost of the design are.d construction of sewer are.d storm water management systems to meet the needs of the proposed development. . vVhere construction of a water system .is being proposed, an assessment o .e future needs of the system should e identified and the system sized accordingly. gly. it is the responsibility of the developer or property owmer tO bear the cost of the design are.d construction of the water mains and lines to provide the required flows for the intended late. use and fire protection. 24 5. It is the responsibility of the developer or property owner to provide all required infrastructure improvements ents .ecessary to serge the development, including roadways, future right-of-way extensions and easements-, extensions s of water, serer, and storm water management systems and to bear the costs associated with the design and construe ctof the ion necessaxy infrastructure. Under certain circumstances, the Kalispell City Council may r .etermine that an upsizing of the infrastructure is needed to accommodate future e e pment in the area and will participate in the costs associated with. the upsizing of the s stems . . Under certain circumstances, the Kalispell City Council may determine that it is appropriate to approve and eater into a Developer's Extension Ag ree r�.ent with the developer or property owners to provide for the partial reimbursement of costs associated with construction of the infrastructure which exceeds the capacity requirements of the development. Policies for the Extension of Sakes in Developed Areas s a general policy, properties within the Potential Utility Service Area. that have existing utilities and facilities shall be require. to upgrade those improvements ents to city standaxds and specifications as a. prerequisite to receivmg City services or additional City utilities or services. In such situations, .e following policies shall apply: ... Prior to making the municipal services available to are existing developed area *thin the service area, the City may require a report describing the folic ]_ng: a.. The approximate year or period in which the existing area. was developed. . The location, size and condition of existing grater lines or systems. s. c. The location and condition of, the existing surer system, including the size, material and ra. es of all pipe. . The size, location and legal. purpose of all existing tights -of -way and easements. e. The surface type, condition and width of all roadways. f. The existing storm drainage into and. out of the area. . The report s .aH also include the estimated costs associated nth correcting the deficiencies and bn'ngingthe utility or improvement to CA,y standards. The City may require such a. report to be prepared by a professional engineer, with the cost of the report borne by the developer or property owner. 25 2. If the property is to be annexed, the City's annexation ordinance or resolution shall specifically state the method and time frame for bringing the existing utilities or services into compliance with City standards, and shall identify the necessary improvement, the parties responsible for the improvements and the method of fmancing the costs of the improvements. . if City services are to be provided without concurrent annexation,, the property owner shall submit a Waiver to Protest Annexation Notice of Withdrawal from. Rural Fire District with the Kalispell City Clerk who will record the document at the Flathead County Clerk and Recorders Office. The wai-ver to protest annexation shall be a covenant that rums with the ,are.d and shall not be affected by canes in ownership. Withdrawal from the rural fire district would not occur until such time as the property is annexed to the city. 10. A waiver to protest participation in the formation of any special improvement ent istrlct that may be created to upgrade existing City utilities, services streets or other infrastructure shall be filed with the Kalispell City Clerk who will record the document at the Flathead County Clerk and. Recorders Office. The waiver to protest participation in the special improvement district shall be a covenant that runs with the land and shall not be affected by charges in ownership. Pobicies for the Cost of Future Servi*ces It is the Clty�s policy to insure that adequate funds are available for the long- term replacement, ent, maintenance and upgrade of the ,-arlo s components of the physical plant and other infrastructure. To that end, the Kalispell City Council .as developed and adopted a fee schedule for utilities that will be implemented through System Development Charge `connection"' fees, utility rates for monthly service, and assessments for road and storm ra-inage. For the purpose of setting aside adequate funds to replace components ents of the physical plant, the following shall be considered as the estimated life of each of the components: a.. Structures - 30 Years . Pip eline - 30 Years C. Stationary Equipment - 20 Years (motors, pumps., conveyors, etc.) .. Asphalt Surfaces: Local Streets - 20 Years Collector St. - 15 Years Arterial St, - 10 Years 2. The amount to be set aside each year for the replacement of municipal infrastructure components shall be the cost of construction, if new, v, or the total estimated replacement cost divided by the remaining- number of years of the life of the component. ent. 26 3. It shall be the responsibility of the developer or property owner to extend, and pay the cost thereof, all roadways and utilities from the existing City facilities to the site of development in accordance with all City standards and specifications and provide appropriate easements. . It shall be the responsibility of the developer or property owmer to construct all streets and utilities to the furthest boundaries of the property to be developed in order to facilitate future development and to provide all easements. Further, the developer shall be responsible for the mitigation of all impacts associated with the development. 5. The ability of the City to increase existing utility or road system capacities to meet the demands of growth is dependent upon the availability o funding. If the City's ability to finance the necessary enlargement of utility or road systems cannot keep pace with development, or if the improvements schedule does not mesh with that of the developer, it shall e the responsibility of the developer to finance and construct City - approved alterations to the existing infrastructure sufficient to accommodate future development. In the evert of this occurrence, the developer may be reimbursed for utility improvements by the City through utility service connection lees for said development. Said reimbursement shall not exceed the cost, i cl .di . interest, of the improvements to the existing City system., nor shall the reimbursement exceed the value of the connection lees for said class of improvement t collected from the specific development. Off -site improvements to the road system which exceed the mitigation . requirements for the development t may be reimbursed through a Developer's Extension Agreement. The City Council will determine the e .i ibility for cost reimbursement of any road system improvement- In general, improvement of the road system related to mitigating impacts arisi.ng from a proposed development sh.a .. not be considered eligible for cost reimbursement regardless of the potential for capacity enhancement of the system whichsaid improvement(s) may provide, the developer bears the costs of extending utility service improvements of a size or capacity greater than needed to serve the proposed development, oroff-site road system improvements to the existing roadway system are installed which exceed the mitigation requirements of said development, a. Developer's Extension Agreement may be entered into between the developer and the City. This agreement,, with a term not t exceed ten 1. o years, allows the developer to recover excess costs associated with the extension of said utility services by establishing a surcharge upon the then current utility System. Development Charge that is proportional to the equivalent residential unit ERU cost of excess capacity provided by the developer. The surcharge shall be collected by the City for reimbursement to the developer. Costs of eligible of site road system improvements shall be recovered in similar fashion through a residential unit Late -Corner Transportation Development fee to be assessed upon each new residential unit, or equivalent thereof that is developed within the area benefiting from said improvements. 27 a. The Developer's Extension Agreement ent shall identify the total capacity of water and/or sewer infrastructure installed, expressed in equivalent residential units (ERUs), , the capacity required to serve the development, in ERUs, and shall identify the available excess capacity in ERUs. Fire flour capacity shall be deducted from the calculation prior to determiningERU capacity. The development capacity, in utility ERUs, so determined shall then become the basis of capacity for reimbursing eligible road system improvement casts. . The ERR cost of facilities needed to serve the developer's project shall e identified and deducted from the total cost of utility and/or road facilities installed. The remaining costs are eligible for reimbursement and shall be apportioned in the manner described above to each new parcel subsequently .evel e and using said facilities and shall be collected as a surcharge upon the new development ent when approved by the City Council. C. The total connection surcharge or late -comer transportation development fee shall be paid prior to connection to or the use of any facilities covered by the Agreement. .. A request for a Developer Extension Agreement must bera .e prior t start of any facility constr-uction to be included in the agreement. Said request must identify the proposed facilities, all capacities and preliminary estimates of cost to be included e in the agreement. e. Actual costs arid capacities related to the potential reimbursement to e derived from the Developer Extension Agreement must be reviewed and approved for accuracy by the City Engineer within 30 days of substantial completion of the work. f, he City Council shall approve all Developer Extension Agreements and the calculated S C surcharges and late -corner transportation development fees identified therein. g, once the Developer's Extension Agreement has been approved, the document shall be recorded by the Kalispell City Clerk at the Flathead County Clerk and Recorder's Office and filed as a lien against the properties to be aa'd at the time future eve op ent occurs. . Financing the construction of new streets in a proposed development, or the upgrading of streets in an existing developed area, shall be accomplished in one, or a. combination of, the following methods: a. Use of private funds in connection with. the development of a. project. . Through the formation of a Special. Improvement ent District S:1. . W C. Federal or State grant funds, provided said funds are available and their use for said improvements s .a.s been approved by the City Council. .. State Fuel Tax monies, provided said funds are ava ..a .e, that their use for said purpose does not impair the normal maintenance of City streets, are.d further provided that the use of said funds has been approved by the City Council and s in accordance with all applicable lays of the state of Montana. e . General Obligation Bond funds issued by the City for improvements having a. bereft to the public beyond that related to a. new project or development. . If the City requires the customer or developer extending a sewer or grater line to install a. facility of larger capacity than that required by City standards for a particular project, the City may elect to pay the difference in cost between the two limes. In such eases where the City has paid the cost of excess utility hne capacity, no Developer Extension Agreement for excess costs will be permitted. . The City reserves the right to further extend surer or water rams installed y the preceding developer or property owner without paying reimbursement ent to the developer or property owner. 0. Connection and user fees for properties located outside the city limits for seiner and grater services shall be charged in accordance with the then applicable table of charges and fees for water and sewer services and connections as set by the city council. .. As new City streets are constructed, and as existing streets are improved, storm drainage infrastructure shall be installed r improved to City standards. It is the responsibility of the developer to convey storm water from their property to an appropriate point of disposal in compliance with all Federal, State and City regulations for design, construction operation and maintenance thereof. The quantity, quality and rate of runoff from a developed parcel cannot exceed that which would occur had the property remained undeveloped. 29 2. Any time Propel is annexed to the city, property owners M the area to be annexed will be provided withfull public sem'ces on substantially he same basis and in the same manner as o . services are provided within the rest of the city. The cost of providing services such as fire, police, street and utility maintenance ce as well as all general govemment services shall shall by all taxpayers of the city. 30 —ET- ITION TO ANNEX AN NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the areal property described below into the city of Kalispell. The Petitioner(s) requesting city of Kalispell annexation on the property described herein and further described. in Exhibit . hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City o Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the sane manner as such services are provided or made available to other properties within the rest of the munici. ahty. Petitioner(s) hstate that there is no need to prepare a. Municipal Annexation Service Plan for this annexation rs .a t to Section 2- i 1 o, M.C.A. since the par -ties are in agreement as to the provision o municipal ser 'ces to the property requested to be annexed. The Petitioner(s) fuherein express an intent to have the property as herein described withdrawn from. the Rural Fire District under the provisions of Section -33--2 2 , Montana Code Annotated; and that incorporated into this Petition to Annex is the Notice requirement pursuant to said Sectiom and that upon proper adoption of are ordinance or resolution o annexation by the City Council of the City of Kalispell, the property shall be detracted from said. d.istn'c. In the event the property is not immediately annexed, the Petitioner(s) further agree(s) that this covenant shall ran to, with, and be binding upon the title o the said real property, and shall e binding upon our heirs, assigns, successors in interest, purchasers, and any and a.11 subsequent solders or owners of the above described. property. This City hereby agrees to allowPetitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all available utilities from the City of Kalispell excluding solid waste services. MCA. 7-2-4736 prohibits the city from providing solid waste services to this property for a minimum um of 5 years from date of annexation. Petitioner/ Owner Date Petitioner/Owner Date NOTE.- You must attach an Exhibit A that provides a bona fide legal description of the property to be annexed. 31 STATE OF MONTANA ) ss County of Flathead County On this day of before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is s . sore e . to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I havehereunto set my hard and affixed my Notary Seal. the day are.d year in this certificate first above Witten. STATE OF MON ANA SS County of Flathead County Notary Public, State of Montana Residing at My Commission expires: On this day o i , before me, the undersigned, a. Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument ent and acknowledged to rye that he/she executed the sane. N WITNESS WHEREOF, I have hereunto set my hand and affixed ray Notes Seal the day and year in this certificate first above wntten. Notary Public, State of Montana Residing at My Commission expires: 32 WAIVER TO ROTEST ANNEXATION AND NICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Party s of Interest respectfully petition the City Council of the City of Kalispell for the provision of municipal services for the real property described herein in attached Exhibit subject o the following te=s and conditions and any other agreements that may be a nct to this document. 4 The arty s of Interest are requesting City of Kalispell municipal sewer or other services for the property described herein are.d further described i Exhibit A and hereby mutually agree with the City of Ka. s ell that under mutual terms, covenants, provisions, conditions and agreements, ents, the Party(s of Interest, do hereby waive any and all right to protest annexation to the city of Kalispell which the Party(s) of Interest may have or hereafter acquire, and waive any and all right to protest any attempt or proceedings oracle by or on behalf of the City of Kalispell, Montana, to annex to and make a part of the City of Kalispell. The property is more particularly described on Exhibit "' "' attached hereto and which, by this reference, is made .e a part of this agreement. ent. The 'art s of Interest do further hereby express an intent to have the property as described in attached Exhibit A withdrawn from. the `ire District under the provisions of Section -33- 2127, Montana Code Annotated; and that incorporated into this Waiver to Protest Annexation is the notice requirement pursuant to said Section; and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said. district. Withdrawal from the fire district shad.l not occur until such time as the City Council of the City of Kalispell formally and properly adopt above referenced ordinance or resolution of annexation. Upon annexation of the land all City of Kalispell municipal services will e provided to the property descn'bed herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. f arty s of Interest o hereby state that here is no need to prepare a Municipal Annexation service Plan for this annexation pursu ant to Se ction 7 - 2 - 4 6 10,, M . C . A. since the p artie s are in agreement t as to the provision of municipal clpal services to the property requested to be annexed. The fart s of Interest further agree that. this Waiver to Protest Annexation is a covenant which shall run to, with, and he binding upon the title of the said real property, and shall be binding upon any heirs, assigns, successors interest, purchasers, and any and all subsequent holders or owners of the above described areal property. 33 This City Council of the City of Kalispell do hereby agree to allow Party(s) of Interest to connect and receive municipal sewer or other services from the City of Kadispell. Petitioner/ Owner Petitioner Owner 'lease return this fog. to: Kalispell city Clerk 312 First Avenue East Kalispell MT 59901 NOTE: You must attach an Exhibit A -that ro i s a bona fide legal descriptionof the property to be annexed. 34 STATE OF MON'iANA ) ss County of Flathead County On this day of before me, the undersigned, Notary Pubhc for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to rye that he/she xecu d. the same. N WITNESS WHEREOF, I have hereunto set my hand and affixed ray Notate Seal the day and year in this certificate first above written. STATE OF NIONTANA MM County of Flathead County Notary Public, State of Montana Residing a My Commission expires: On this day of before m, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. my Notary Seal to day and year in this certificate first above written. Notary Public, State of Montana Residing a My Commission expires: 35