Resolution 3999 - Annexation - Halley Additiona
RESOLUTION NO. 3999
A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF
THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION
CERTAIN REAL PROPERTY, TO A TRACT OF LAND IN THE N-1/2 S-1/2
OF SECTION 20, .T28N, R21W, P.M.M., FLATHEAD COUNTY, MONTANA, TO
BE KNOWN AS THE HALEY ADDITION NO. 243; TO ZONE SAID PROPERTY
GENERAL BUSINESS, B-3, FOR THAT TRACT OF LAND DESCRIBED BY
CERTIFICATE OF SURVEY #2368 AND LIGHT INDUSTRIAL, I-1, FOR THE
TRACT OF LAND DESCRIBED BY CERTIFICATE OF SURVEY #2321 AND TO
AMEND THE CITY ZONING MAP ACCORDINGLY.
WHEREAS, Clark and Valerie Haley, the resident freeholders
of more than fifty per cent (50%) of certain real property
situated outside the boundaries of the City of Kalispell, but
contiguous thereto, requested on the 20th day of May, 1991, the
City Council of the City of Kalispell to consider the annexation
of a tract of land described in Exhibit "A", attached hereto, and
WHEREAS, the City Council did set a public hearing to be
held on the annexation and due and proper notice of said public
hearing was given by the City Clerk -Treasurer; and
WHEREAS, the City Clerk -Treasurer received expressions in
of approval or disapproval proval of the proposed extension of
the boundaries of the City of Kalispell from the freeholders of
the territory proposed to be embraced therein; and
WHEREAS, on the 15th day of July, 1991 the City Council of
the City of Kalispell did meet and consider all expressions in
writing of said approval or disapproval of the proposed
extensions of the boundaries of said City of Kalispell; and
WHEREAS, on the 15th day of July, 1991 the City Council of
the City of Kalispell did meet in regular session and heard
public comment on the proposed annexation; and
WHEREAS, the City Council of the City of Kalispell
determined that the proposed annexation is included within and
conforms to the Kalispell City -County piaster Plan; and that the
proper zoning for said property is General Business, B-3 and
Light Industrial, I-1, in accordance with the City of Kalispell
Zoning Ordinance and the Kalispell City -County Master Plan; and
WHEREAS, the effective date of said annexation should be the
date thirty days next succeeding the final passage of this
Resolution by the Mayor; and
WHEREAS, the annexation is pursuant to Title 7, Chapter 2,
Part 43, Annexation of Contiguous Land, Montana Code Annotated.
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NOW AND THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KALISPELL AS FOLLOWS:
SECTION I. The real property as is more particularly
described in Exhibit "A" attached hereto and for
purposes of this Resolution made a part hereof, shall
be annexed to the City of Kalispell; and the boundaries
of the City are hereby altered to so provide subject to
the following conditions:
1) That the access road to the developed facilities be
built in accordance to City of Kalispell design and
construction standards.
2) That access onto and use of the Kalispell Airport
taxiway from the annexed territory. be subject to a
written agreement between the City of Kalispell and the
landowner. Said agreement shall specify "Rules of
Use" and monetary compensation for the use of the
airport facilities including those fees which may be
assessed by the City Council relative to FBO, access,
and user fees.
3) That all uses within the annexed territory be
airport compatible and be subject to the site plan
review requirements of the City of Kalispell.
4) All improvements made upon the property and access
to Airport must comply with Federal Aviation
Administration and City of Kalispell regulations.
SECTION II. That the City Clerk -Treasurer of the City
of Kalispell as authorized and directed upon the
effective date of this Resolution, which is thirty days
next succeeding the passage of this Resolution and
signature by the Mayor, to make and certify under the
seal of the City of Kalispell a copy of the record of
these proceedings as are entered on the minutes of the
Council and file said documents with the Flathead
County Clerk and Recorder upon or after the effective
date hereof.
SECTION III. From and after the date of filing of said
documents in the office of the Flathead County Clerk
and Recorder or the effective date of this Resolution,
whichever is later, said territory is part of the City
of Kalispell and said territory and its citizens and
the property shall be subject to all debts, laws and
ordinances and regulations in force in the City of
Kalispell and shall be entitled to the same privilege
and benefits as are other parts of the City.
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SECTION Iy. That tract of land as described on
Certificate of Survey #2368 shall be zoned General
Business, B-3, and that tract of land as described on
Certificate of Survey #2321 shall be zoned Light
Industrial, I-1, in accordance with the City of
Kalispell Zoning Ordinance and the Kalispell City --
County Master Plan; and the City zoning map shall be
amended to so reflect.
SECTION V. This Resolution shall be effective thirty
days from and after its final passage by the City.
Council and approval by the Mayor.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 15th DAY OF July , 1991.
��-
DouglWs D. Rauthe, Mayor
ATTEST:
my H. obertson
Finance Director
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EXHIBIT A
HALEY ADDITION NO. 243
A TRACT OF LAND SITUATED IN THE N-1/2 S-1/2 OF SECTION 20. TOWNSHIP 28 NORTH,
RANGE 21 WEST. P.M.M., FLATHEAD COUNTY, AND WHICH IS MORE PARTICULARLY DESCRIBED
AS BEING THE TRACTS DESCRIBED BY CERTIFICATES OF SURVEY NO. 2321 AND No. 2368,
RECORDS OF FLATHEAD COUNTY, MONTANA.
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EXHIBIT "B" 191
F.R.D.0. June 18, 1991
HALEY ADDITION NO. 243
This area lies south of Kalispell along the easterly side of the City of
Kalispell Airport runway. It is generally located to the west of Hines
Automotive Service Center. Access is off of U. S. Highway 93. The property
is currently vacant. Annexation is being requested by the landowner. Please
refer to Exhibit A for a more detailed perimeter description of the property.
A municipal service review was performed in June 1991 by the Kalispell Fire,
Police, Public Works, and Parks Departments. The result of this service
review is that each department is able to provide municipal services to the
Haley Addition on the substantially same basis and in the same manner in which
municipal services are currently provided to the rest of the municipality.
The Haley Addition is within the Service Area Boundary of the City of
Kalispell as described by the Extension of Services Plan adopted by the City
of Kalispell on April 3, 1989 (Resolution #3838). This broad based extension
of services plan, together with the following 'mini —plan" (specific to this
annexation) comprise the Extension of Services Plan for the Haley Addition.
EXISTING SERVICES:
Water:
Municipal water mains are not located in the vicinity of the property. The
property is vacant with no existing demand for water service.
Sewer:
Municipal sewage collection services are not in the immediate vicinity of the
property, The property is vacant with no existing demand for sewage treatment
facilities.
Storm Drainage:
No developed drainage facilities are in the vicinity.
Streets:
A portion of the property fronts along U. S. Highway 93. However, this
frontage is 60 foot in width and is intended to provide general access to the
larger tract that abuts the City of Kalispell Airport. A road will need to be
constructed from U. S. Highway 93 to the tract that may eventually be
developed adjacent to the City airport runway.
Garbage Collection:
Garbage collection is available on a contract basis to the property from
private companies.
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Police Protection:
The area is within the jurisdiction of the Flathead County Sheriff's
Department.
Fire Protection:
The area is within the jurisdiction of a rural fire district.
ANTICIPATED SERVICE NEEDS:
Water:
Water needs
for the
property can be accommodated by a private well and
distribution
system.
Extension of a City water main would be the
responsibility
of a
private landowner. The nearest water main is located
approximately
800 feet
to the north.
Sewer:
The anticipated sewage treatment needs of the property can probably be
accommodated by an on -site disposal system. Extension of a sewer main to the
property would be the responsibility of the private landowner. The nearest
sewer main is approximately 1,000 feet to the north.
Storm Drainage:
A comprehensive storm drainage system in the area is not anticipated in the
near future. On -site disposal of storm drainage will be evaluated with
development of the property in conjunction with the site plan review
requirements of the City of Kalispell.
Streets:
The landowner will need to develop an internal road system to serve the needs
of the property. This private road will be constructed at the expense of the
landowner. City maintenance of the road will not be available unless the
roadway is built to City of Kalispell standards and accepted by the City of
Kalispell as a dedicated public right -of --way.
Garbage Collection:
The City of Kalispell will not provide solid waste disposal service to the
annexed territory for a period of at least five years, consistent with the
provision of 7-2-4736, M.C.A.
Police Protection:
City of Kalispell police protection will be available upon annexation. The
property abuts the city limits on two sides and therefore is not expected to
pose a problem with patrol or emergency response.
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Fire Protection:
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City of Kalispell fire, protection will be available to the property upon
annexation. Emergency response time is less than five (5) minutes. Mutual aid
for tanker support would be available from the South Kalispell Rural Fire
District. Hose lines can be extended to the property from the fire hydrant
located in the vicinity of the Social and Rehabilitation Services building.
EXTENSION AND FINANCE STRATEGIES:
The cost of extending such public services as police and fire protection are
expected to be negligible until such time as the property is developed. The
general source of money to extend these types of services is from the general
tax revenues received from this property and other properties inside the city
limits. Individual improvements to the property, including roadway access and
provision of sewage treatment and water supply, will be the responsibility of
the individual landowner. Any area wide improvements relative to storm
drainage and lighting will be financed in part by the residents of the entire
municipality and in part by special assessments for that purpose.
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