04. Resolution 4670 - Resolution of Intent - Northridge Summit AnnexationREPORT TO:
FROM:
SUBJECT:
ON of Kal
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
Northridge Summit clean-up annexation
MEETING DATE: November 19, 2001
BACKGROUND: It recently came to staffs attention that a strip of property along the
southern edge of Summit Ridge near Parkway Drive is an island that had not been annexed into
the city (see vicinity map). Although it has appeared on city maps as being within the city limits,
no city taxes have been paid on the property and no resolution can be found which annexes the
land.
Our best option appears to be to proceed under the provisions for annexation of wholly
surrounded land. The Planning Board will be reviewing the question of initial zoning on
November 13. The first step for the Council would be a Resolution of Intent to annex the
property. That step can take place on November 19. At that point, a notice is to be sent to the
registered voters in the subject area, as well as publication in the newspaper once per week for
two successive weeks. At the first council meeting after the expiration of twenty days after the
first publication (December 17), a Resolution of Annexation would be before the Council. It
would be at that meeting when a decision will be made regarding the annexation.
RECOMMENDATION: The Council move to approve the Resolution of Intent to annex the
subject property.
FISCAL EFFECTS: Minor positive impact.
ALTERNATIVES: As suggested by the Council.
ATTACHMENTS: Vicinity map
Respectfully submitted,
PJ Sorensen
Zoning Administrator
Chris Kukulski
City Manager
Report compiled November 8, 2001
RESOLUTION NO. 4670
A RESOLUTION OF INTENTION TO ANNEX TERRITORY INTO THE CITY OF
KALISPELL, UNDER THE PROVISIONS OF TITLE 7, CHAPTER 2, PART 45,
M.C.A. (ANNEXATION OF WHOLLY SURROUNDED LAND), MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", TO BE DESIGNATED AS NORTHRIDGE SUMMIT
ADDITION NO. 309, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF
THIS RESOLUTION AS PROVIDED BY LAW.
WHEREAS, in the judgment of the City Council of the City of
Kalispell, Montana, it is in the best interest of the
City of Kalispell and the inhabitants thereof, that the
wholly surrounded land encompassed in Exhibit "A"
attached hereto and for purposes of this Resolution made
a part hereof, be annexed to the City of Kalispell, so
that the boundaries of the City of Kalispell include the
same within the corporate limits of the City, to zone
said property in accordance with the Kalispell Zoning
Ordinance, ordinance No. 1175, as amended; and
WHEREAS, on the 6th day of November, 1995, the City Council
adopted, pursuant to Title 7, Chapter 2, Part 47 Montana
Code Annotated, an Extension of Services Plan which
anticipated development of City services approximately
five years in the future, said Plan being amended on the
1st day of March, 1999, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission on the 13th day of November, 2001, held a
Public Hearing, pursuant to 27.03.010, Kalispell Zoning
Ordinance, to recommend zoning for the territory
described in Exhibit "A" in accordance with the Kalispell
Zoning Ordinance, in the event the territory is annexed
to the City, and
WHEREAS, the City of Kalispell desires to annex the property under
the provisions of Title 7, Chapter 2, Part 45 Montana
Code Annotated (Annexation of Wholly Surrounded Land).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That it is the intention of the City of
Kalispell that certain territory described in
Exhibit "A", be embraced within the corporate
limits of the City.
SECTION II. That it is further the intention of the City
of Kalispell that said property described in
Exhibit "A" be zoned in accordance with the
Kalispell zoning Ordinance, Ordinance No.
1175, as amended.
SECTION III. The City Clerk shall forthwith prepare and
publish in the Daily Inter Lake, a daily
newspaper published at Kalispell, Montana,
proper notice of this Resolution of Intention
at least once a week for two successive weeks
next preceding the regularly scheduled Council
meeting at which said Annexation will be
considered; and give said notice in writing,
addressed to all registered voters in the
territory proposed to be embraced.
SECTION IV. For a period of twenty days after the first
publication of said notice by the City Clerk,
said City Clerk will receive expressions in
writing of the approval or disapproval of the
proposed annexation from the registered voters
residing in the area proposed to be annexed.
SECTION V. At the regularly scheduled meeting of the City
Council of the City of Kalispell, next
succeeding the expiration of said twenty days,
the City Clerk shall forward all written
communication received by said Clerk for
Council's consideration.
SECTION VI. The City Council, after considering all
written communication, may adopt a resolution
approving the annexation of the property
described in Exhibit "A".
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF NOVEMBER, 2001.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
EXHIBIT "A"
That portion of land not previously annexed which falls
within the City of Kalispell, more particularly described
as follows:
the northerly portions of Lots B, C, D and the 10
foot wide Tract 1 (County Tract 2W) falling between
Lots C and D, northerly of the North Right -of -Way
line of the abandoned Mission Lane, as shown on
Northridge Summit, an amended subdivision plat of
Lots 10, 11 and 12 of Block 8 of Northridge Heights
section 3 and Lot 21 of Block 2 of Summit Ridge
Number 1, located within the NE 1/4, Section 1,
T28N, R22W, PM, M, Flathead County, Montana
according to the plat on file in the Clerk and Recorder's
Office, Flathead County, Montana.
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ANNEXATION OF APPROX. .12 ACRES OF
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PLAT DATE: 10/15/01
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