04. Resolution 5201 - Resolution of Intent to Annex - Trumbull Creek Crossing Phase 1City of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
N1-0161
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Resolution No. 5201 — Intent to Annex Trumbull Creek
Crossing Phase I
Monday, May 21, 2007 — Regular Meeting
BACKGROUND: This matter came before Council at the regular meeting on May 7,
2007. Council, upon considering the matter determined to table it until this meeting for
further consideration. Some concern was expressed that the owner of Trumbull Creek
Crossing Subdivision, who is seeking to develop the property to an urban density is first
following through with Flathead County on a final plat prior to petitioning the City for
annexation. The owner's reason for this is that the delay that would occur in going through
the annexation and land use designation process with the City would cause the delay in
construction through most of this year's building season. The owner has, already, at the
request of the City, brought his project through the Site Review process and is constructing
the subdivision pursuant to all of the construction and design requirements of the City. It
is anticipated that he will return to the City sometime in August to file a petition for
annexation. He therefore agrees that it would be appropriate at this time to table this
matter indefinitely.
RECOMMENDATION: The City Council should move to table this resolution indefinitely
and respond directly to the owner's petition for annexation when it is filed.
FISCAL EFFECTS: None at this time.
Respectfully su}3mitted
Charles HarbaJ1, City Attorney
Jues H. Patrick, City Manager
RESOLUTION NO.5201
A RESOLUTION OF INTENT TO PROVIDE FOR THE ALTERATION OF THE
BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN
ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7
LOCATED IN SECTION 28, TOWNSHIP 29 NORTH, RANGE 21 WEST OF
FLATHEAD COUNTY, MONTANA AND REFERRED TO AS TRUMBULL CREEK.
CROSSING SUBDIVISION IN ITS PRELIMINARY PLAT WITH FLATHEAD
COUNTY, MONTANA.
WHEREAS, the owner of that certain real property located outside Kalispell municipal
boundaries and in Flathead County, Montana and more particularly described as
Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 west, and
hereafter referred to as "Trumbull Creek Crossing Subdivision," seeks to develop
said property to an urban density and therefore desires the services of a municipal
sewer; and
WHEREAS, the City of Kalispell determined that it was in the best interests of the local
environment and the citizens of Kalispell to provide wastewater treatment for the
development and has therefore agreed to allow that portion of the Trumbull Creek
Crossing Subdivision, Phase I to convey its sewage through the Evergreen Sewer
District conveyance system to the Kalispell Municipal Wastewater Treatment
Facility without requiring the Evergreen Sewer District to assign such sewerage to
its own contractual capacity; and
WHEREAS, in exchange for the City of Kalispell agreeing to provide municipal wastewater
treatment services, the owner of said subdivision has executed a waiver of right to
protest annexation and also agreed to enter into a developers agreement with the
City of Kalispell in which the owner shall agree that the subdivision shall be
developed to the design and construction standards of the City of Kalispell; and
WHEREAS, the City Council finds that the City of Kalispell is capable and ready to provide all
of the necessary municipal services to the Trumbull Creek Crossing Subdivision,
Phase I and should therefore annex the subject property into the City of Kalispell
upon receiving application therefore from the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the City of Kalispell shall annex that property known as Trumbull
Creek Crossing, Phase I, and more particularly described as Tract 7
located in Section 28, Township 29 North, Range 21 west, Flathead
County, Montana, which shall be a customer of the City's municipal
wastewater treatment, upon receiving application therefore from the
owner.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21 ST DAY OF MAY, 2007.
ATTEST;
Theresa White
City Clerk
Pamela B. Kennedy
Mayor