Loading...
H2. Ord. 1855, Kalispell Parkline Designation as ParkDevelopment Services CITY OF 201 Is' Avenue East KALISPELL Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Development Services Director SUBJECT: Kalispell Parkline Designation as a Park and Establishing Rules and Regulations MEETING DATE: February 16, 2021 BACKGROUND: As part of the Core Area redevelopment the City has acquired the rail right-of- way through town to be developed as a linear park (Kalispell Parkline). The Kalispell Parkline project will be going out to bid this winter with construction starting later this spring/summer 2021. Accordingly, as the land is going to be used as a City park and will be maintained and operated by the City under the Parks and Recreation Department, rules and regulations need to be amended. Staff has drafted an ordinance that would establish the rules and regulations of the Kalispell Parkline with the intended use in mind. The ordinance includes language that would officially designate the corridor a City park with general language similarto other City park regulations. Unlike other parks it would be open 24-hours for the traveling public on the improved trail. A Council work session was held on January 25, 2021, where the DRAFT ordinance was discussed. Subsequently, Council directed staff to prepare the ordinance for their consideration. Recommendation: It is recommended that the Council approve the firstreading of Ordinance 1855, an ordinance establishing a City park named Kalispell Parkline within those boundaries of the property acquired from the Burlington Northern Santa Fe Railway in 2020, establishing the rules and regulations of the park, amending the use of alcohol in all city parks, declaring an effective date and authorizing the City Attorney to codify the same. Attachment: Ordinance 1855 ORDINANCE NO. 1855 AN ORDINANCE ESTABLISHING A CITY PARK NAMED "KALISPELL PARKLINE" WITHIN THOSE BOUNDARIES OF THE PROPERTY ACQUIRED FROM THE BURLINGTON NORTHERN SANTA FE RAILWAY IN 2020, ESTABLISHING THE RULES AND REGULATIONS OF THE PARK, AMENDING THE USE OF ALCOHOL IN ALL CITY PARKS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, on September 30, 2020, the City entered into a railbanking agreement with Burlington Northern Santa Fe Railway [BNSF] in which the City acquired a corridor of real property on November 5, 2020, described fully in Exhibit "A", attached hereto and fully incorporated herein, previously used by BNSF for its rail line, for the new purposes of developing and utilizing a linear park for recreation and trail use for non -motorized passage; and WHEREAS, the City Council finds that it is fitting to recognize and remember the significant historic influences of the rail use in this corridor that bisects the City and therefore determines that the park should be named the "Kalispell Parkline"; and WHEREAS, the City Council finds that the purposes of the Kalispell Parkline are unique from the other Kalispell city parks primarily because of the transportation aspect through various mixed land uses of the city such that the rules and regulations of the Kalispell Parkline should vary in some respects from those applied to the other parks; and WHEREAS, the City Council finds that in order to encourage a vibrant use of the trail within the park, the hours of permissible use should be extended so that residences, food and beverage services and such other commercial uses serving residents and guests situated along the trail may be best utilized and enjoyed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The real property legally described in Exhibit "A", attached hereto, shall be known, and designated with the name, "Kalispell Parkline", to be maintained and operated by the City under the Department of Parks and Recreation. SECTION 2. KMC 19-20 entitled Parks; Indecent Conduct; Drinking, shall be amended as set forth in Exhibit "B". SECTION 3. The City Attorney is hereby authorized and directed to codify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 1 ST DAY OF MARCH, 2021. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Exhibit "A" Property LAND IN SECTIONS 7, 8, AND 18 OF TOWNSHIP 28 NORTH, RANGE 21 WEST, AND SECTION 13 OF TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M. MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS: PARCELS A, B, C, D, E, F, G, H, I, J, AND K, ACCORDING TO CERTIFICATE OF SURVEY 921492, FILED JULY 10, 2020 AS DOCUMENT 9202000019163, RECORDS OF FLATHEAD COUNTY, MONTANA. Exhibit "B" 19-20 Parks; Indeeen Prohibited Conduct, Dfiak4ag Alcoholic Beverages. A. Tit Prohibited Conduct: No threatening, PFOfane, abusive, or disorderly conduct or behavior or breach of the public peace that is defined as a criminal offense pursuant to MCA Title 45 shall be allowed in or upon any park or public grounds. B. Alcohol Use: Except under the auspices of a special public event permit, no person shall take into or upon any park, nor into or upon any public grounds, any intexiea- :ng li,,, Offs alcoholic beverages, either for use and consumption, or for sale to others in such park or public grounds, nor shall any person sel, give away or in any way dispose of any intoxiea-fi ,.':,,, o alcoholic beverages in or upon any park or public grounds. C. Removal of Person: Any dFan intoxicated or disorderly person or any person doing an act injurious to the park or public place in which he or she then is or who is in the act of violating any rules or regulations of the City, may be removed from such park or public place by any police officer of the City. D. Hours: All City parks, except the Kalispell Parkline, shall be posted as open at 6:00 a.m. every day and closed at 11:00 p.m. every day. The Kalispell Parkline Park shall be posted as open at 6:00 a.m. every day and closed at 2:00 a.m. every dgy, except for the purposes of travel upon the improved trail surface which shall remain open unless closed for maintenance or emergency purposes. Otherwise, it shall be unlawful for any person to remain in any City park during the time when it is closed.