14. Ordinance 1429 - City Planning Board Emergency OrdinanceORDINANCE NO. 1429
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 1414, EXTENDING THE
DURATION OF THE INTERIM KALISPELL CITY PLANNING BOARD AND ZONING
COMMISSION FOR AN ADDITIONAL 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, H 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 35`h 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 P.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 38`h 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City Council repealed City Ordinance 663 and created "a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 38`h Montana Legislative Assembly, 1963, and,
as amended, Chapter 189 of the laws of the 39`h 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
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;
and
WHEREAS, Ordinance No. 1411 was passed on December 26, 2001,
creating an Interim Kalispell City Planning Board,
establishing an immediate effective date and limited 90
day duration; and
WHEREAS, that 90 day period expired on March 26, 2002, which
necessitated an extension of an additional 90 days; and
WHEREAS, Ordinance No. 1414 was passed on March 18, 2002,
extending the Interim Kalispell City Planning Board,
establishing an immediate effective date and limited 90
day duration; and
WHEREAS, that 90 day period expired on June 18, 2002,
necessitating an extension of an additional 90 days in
which time the City will establish a permanent Kalispell
City Planning Board.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That Ordinance No. 1414 is hereby amended by
extending the duration of the Interim
Kalispell City Planning Board an additional 90
days.
SECTION II. 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 1ST DAY OF JULY, 2002.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk