Ordinance 1411 - Emergency Ordinance - Interim Kalispell City Planning BoardORDINANCE NO. 1411
AN EMERGENCY ORDINANCE ESTABLISHING AN INTERIM KALISPELL CITY
PLANNING BOARD AND ZONING COMMISSION; AND ESTABLISHING AN IMMEDIATE
EFFECTIVE DATE AND LIMITED 90 DAY DURATION.
WHEREAS, neither the City of Kalispell nor the County of Flathead,
Montana have, by majority of those voting, adopted a
self-government charter superior to statutory provisions
as provided for in Art. XI, §§ 5 and 6 Mont. Const.
(1972) (or as same may have been provided for under the
Montana Constitution adopted and ratified in 1889); and
WHEREAS, on June 2, 1958, by Ordinance No. 663, the Kalispell City
Council created "a combined City and County Planning
Board" in conjunction with the County of Flathead,
Montana pursuant to and under the provisions of Chapter
246, Laws 35th Montana Legislative Assembly, 1957. (Title
11, Ch. 38 R.C.M., 1947); and
WHEREAS, in 1961-1962, under contract for the Montana State
Planning Board and the Kalispell City -County Planning
Board, Planning Consultant Ronald Thompson and
Associates, City and Regional Planning and Economic
Research, Butte, Montana and the Kalispell City County
Planning Board prepared a City -County Master Plan
"Project No. Montana 2.6" denominated: "Master Plan -
Kalispell and Flathead County / City - County Planning
Board 1962"; and
WHEREAS, subsequently, the Montana Legislative Assembly twice
amended certain provisions of Chapter 246, Laws of the
35th (1957), first at Chapter 247, Laws 38th Montana
Legislative Assembly, 1963, and again at Chapter 189,
Laws 39th Montana Legislative Assembly, 1965; and
WHEREAS, on November 8, 1965, by Ordinance No. 725, the Kalispell
City Council repealed City Ordinance 663 and created "a
combined City and County Planning Board" pursuant to and
under the provisions of Title 11, Chapter 38, Revised
Codes of Montana, 1947, as amended, Chapter 247 of the
laws of the 38th Montana Legislative Assembly, 1963, and,
as amended, Chapter 189 of the laws of the 39th Montana
Legislative Assembly, 1965"; and
WHEREAS, on December 23, 1971, by Resolution No. 115, having
determined that it was in the best interest of Flathead
County to plan "the area adjacent to the City of
Kalispell" and that the City Council of Kalispell had
already approved same, the Flathead County Commission
approved the planning board's proposal and expanded the
Kalispell City -County Planning Board jurisdictional area
to its current size; and
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y.
WHEREAS, on November 28, 2001, by Resolution No. 1539, the Board
of County Commissioners gave notice of their intention to
hold a public hearing on December 17, 2001 to receive
comments on their recent proposal to withdraw from the
Kalispell City --County Planning Board and attempt to
unilaterally eliminate the extraterritorial jurisdiction
of that board; and
WHEREAS, at the public hearing on December 17, 2001, the Board of
County Commissioners of Flathead County passed Resolution
No. 1543, unilaterally purporting to withdraw from the
Kalispell City -County Planning Board and eliminate the
extraterritorial jurisdiction of that board without the
concurrence of the Kalispell City Council; and
WHEREAS, Kalispell City Ordinance § 2-25 provides that in the
event of an emergency, in response to such emergency, the
City Council may pass an Ordinance, effective
immediately, when such a measure is immediately necessary
to preserve peace, health and safety of the City or its
residents; and
WHEREAS, since the aforementioned actions of the Flathead County
Commissioners have created such emergency by leaving
unresolved the issue of the City's process for
statutorily required planning board review of pending and
new applications for projects that would normally
otherwise come before the Kalispell City -County Planning
Board, but for the recent actions taken by the Flathead
County Commissioners described above; and
WHEREAS, a majority of the Flathead County Commissioners have
clarified their intentions concerning the creation of the
interim Kalispell City Planning Board and zoning
Commission in writing (see Exhibit A, attached and
specifically incorporated as if fully set forth); and
WHEREAS, it is in the best interest of the City of Kalispell that
an interim Kalispell City Planning Board and Zoning
Commission be established in order to temporarily review
such pending and new applications for projects that would
otherwise normally come before the Kalispell City -County
Planning Board, to continue to meet our planning needs.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That an emergency is declared to exist in the
City of Kalispell due to the adverse effect
that the previously described deleterious
conditions presently have upon the health,
safety and welfare of the community.
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SECTION II. That an interim Kalispell City Planning Board
and Zoning Commission be established with
seven (7) members, in order to temporarily
review pending and new applications for
projects that would normally otherwise come
before the Kalispell City -County Planning
Board, to continue to meet our planning needs
on an interim basis.
SECTION III. This Ordinance shall be effective immediately
upon the date of its final passage and
approval and shall expire by its own terms and
operation of law from and after 90 days of its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF DECEMBER, 2001.
Attest:
_Xe� `7
Theresa White
City Clerk
LJM.E
Wm. E. Boharski
Mayor
City of Kalispell
Post Office Box 1997 -Kalispell. Montana 59903-199
December 19, 2001
FIathead Board of County Commissioners
800 South Main
Kalispell, MT 59901
Dear Sirs:
7 - Telephone (406)758-7700 Fax(406)758-7758
KALISPELL CITY CLERK
This letter requests clarification of the expressed intention of Flathead County Commission in one
provision only of Resolution No. 1543 enacted and effective December 17", 2001, entitled
"Resolution to Withdrawfrom theKalispell City County Planning Board and Eliminating the Extra
Territorial Area Within Flathead County of Such Planning Board." Limiting this request for
clarification solely to the language contained in the final paragraph of resolution No. 1543, which
reads as follows:
49 BE IT FURTHER RESOLVED that if it so desires, the City may create a city
planning board without the participation of the County as allowed under MCA § 76-
1-105.
The City of Kalispell seek confirmation of its present interpretation of the above cited language, that
the Commissioner's intention expressed therein is to permit the City of Kalispell to form a new city
planning board immediately, thus minimizing the disruption in new and pending application
processing by the City that might otherwise occur as a result of and because of the transition
proposed in Resolution No. 1543 and 1544.
Specifically, we understand that under the above cited language the Flathead County Commissioners
acknowledge receiving notice from the City of Kalispell of its intention to form a city planning
board and have elected during the allowed 30 day response time not to form a city -county planning
board, and that this confirmation, evinced by the signatures appearing below, satisfies the
requirement of MCA § 76-1-105(2) that the Flathead County Board of Commissioners have notified
the City of Kalispell in writing that the Flathead County Board of Commissioners has elected not
to form a city -county planning board for purposes of MCA § 76-1-105.
Please also indicate by selecting where indicated one (1) choice only, as set forth immediately
below, whether the Flathead County Commissioners intend, pursuant to MCA § 76-1-223 to
designate a representative of the county for appointment to any new city planning board created, or
not.
The Flathead County Commissioners DO intend, pursuant to MCA § 76-1-223 to
designate a representative of the county for appointment to any new city planning
board created by the City of Kalispell.
The Flathead County Commissioners DO NOT intend, pursuant to MCA § 76-1-223
to designate a representative of the county for appointment to any new city planning
board created by the City of Kalispell.
Thank you for your consideration and prompt response to this request for clarification of intent.
Sincerely,
&" A , 9LLUX',
Chris A. Kukulski
City Manager
VI
Flathead County mmissioner
Flathead Cou
nty Commissioner
Not Available for Signature
Flathead County Commissioner
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