Ordinance 1855 - Establishes Kalispell ParklineORDINANCE 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.
ATTEST:
Ain—jee Brunckhorst, CMC
City Clerk
Mark Johnso
Mayor
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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 #21492, FILED JULY 10, 2020 AS DOCUMENT #202000019163, RECORDS OF
FLATHEAD COUNTY, MONTANA.
Exhibit "B"
19-20 Parks; Prohibited Conduct, Alcoholic Beverages.
A. Prohibited Conduct: No threatening, 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 alcoholic beverages, either
for consumption, or for sale to others in such park or public grounds, nor shall any person give
away or in any way dispose of any alcoholic beverages in or upon any park or public grounds.
C. Removal of Person: Any 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 day, 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.