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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. i 187 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. 2 S 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 3 i 189 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. 1 a Y A � ,ILI - p IL i.V, • 1 .� MI 1 — OR a r� r N fAQL E �N� N A r _, r, "� YF V rFi T I n O II O M1 O cuko UN N9p' + r 41 1 - � �i 0. nl d • KI 'i - (U. M O 1' DFIwE 50_�.� f I TT �j11I o U N 4Y�����y�Pl w W L 1 1a�4Ninai W ~ _ o 1.1 F V � yy � h m a u 1`2 1 N W � LL z a r. Vl p A p Z m k I J s F x le 1 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. 1 E 192 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. it M Fire Protection: 193 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. 1 3 M