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04. Resolution 4367 - Annexation of State Lease Land - Kalispell Youth Athletic ComplexAgenda -October 6, 1997 AGENDA ITEM 4 - RESOLUTION 4367-ANNEXATION OF STATE LEASE LAND- KALISPELL YOUTH ATHLETIC COMPLEX BACKGROUND/CONSIDERATION: The action item for the annexation of the State Lands for the youth complex project requires that a resolution be approved. Since we have completed the lease negotiations, signed the lease documents, offered and sold Haven Field, as well as a portion of the Daley Field property to enable us to achieve one of your priority goals, we need to continue to complete the project process. As a reminder, the State Lands Manager and I submitted the request for annexation to the Planning Board for consideration. The Planning Board approved the annexation request on a vote of 5-0. Because this is State Land we were required to advertise and hold a hearing (set for this meeting at the September 2 meeting). RECOMMENDATION: Since this land is now ours for the project and our intent has always been to bring this into the City Limits, we initiated the request for the annexation. I recommend the approval of Resolution 4367 to complete the annexation procedure. ACTION REQUIRED: APPROVAL of Resolution 4367 is required to conclude the annexation process for the State Land/youth complex property. ADDITIONAL INFORMATION: The Architects/Engineer are currently estimating the cost of three alternative utility plans to serve the youth complex. At this time, I have not received the estimates that will enable us to evaluate all of the alternatives. As you may recall, the original concept Agenda -October 6, 1997 was to serve all of the fields through a well system with a small line to serve as a potable water service. We are discussing the alternatives for water service extension to the end of our property line (either to the north or to the west). Without the cost information (this was to be submitted on Wednesday, October 1), the staff cannot make a review and/or recommendation. We anticipate we will have this for your consideration at the October 20' meeting. A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, APPROXIMATELY 160 ACRES LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 93 NORTH AND FOUR MILE DRIVE AT THE NORTHWEST CITY LIMITS, TO BE KNOWN AS THE CITY'S YOUTH ATHLETIC COMPLEX, ADDITION NO. 283; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Jon Dahlberg, Area Manager of the Northwest Land Office of the Department of Natural Resources and Conservation, the owners of the property described as approximately 160 acres of the Southeast Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, requesting that the City of Kalispell annex the territory -into the City, and WHEREAS, the Flathead Regional Development Office has made a report on the Department of Natural Resources and Conservation Annexation and Zoning Request, #KA-97-5, dated August 4, 1997, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the territory be annexed into the City of Kalispell, and WHEREAS, on April 3, 1994 the City Council of the City of Kalispell adopted, pursuant to Section 7-2-4610, Montana Code Annotated, an Extension of Services Plan which anticipates development of City services for approximately five years in the future, and WHEREAS, said the proposed annexation complies with said extension of services plan and provides for financing the extension of municipal services or maintenance of existing services by utilizing funds allocated and expended, pursuant to the annual City budget without incurring additional bonded indebtedness, and WHEREAS, the area is included within and conforms to the Kalispell City -County Master Plan, and WHEREAS, on September 2, 1997 the City Council of the City of Kalispell adopted Resolution No. 4362, a Resolution of Intention to annex said property, and j:\wp\res\DNRC October 2, 1997 WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 44, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: ,SECTION I. That all the real property as is more particularly described as approximately 160 acres of the Southeast Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Addition No. 283. SECTION II. Upon the effective date of this Resolution, the City Clerk of Council is directed to make and certify, under the seal of the City a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk of Council, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and 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 privileges and benefits as are other parts of the City. SECTION III. This Resolution shall be effective 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR THIS iz DAY OF OCTOBER, 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council j:\wp\res\DNRC October 2, 1997