05-12-82 Joint Meeting with County Commissioners MinutesJOINT MEETING OF FLATHEAD COUNTY COMMISSIONERS
AND THE KALISPELL CITY COUNCIL
CONFERENCE ROOM -CITY HALL
4:00 P.M. MAY 12, 1982
Present were Flathead County Commissioners, Mel Wollan, Joan Deist and Henry
Oldenberg; Mayor McDowell, Councilmen Palmer, O'Boyle, Grainger, Ruiz, Nystul,
Vidal and Saverud; Assistant County Attorney Smith; City Attorney Neier, Building
Official Shoemaker and Ross Plambeck, Community Development Office.
Mayor McDowell presided. He explained that the purpose of the meeting was to try
to resolve the zoning problem in the jurisdictional area of the City Building De-
partment outside the City limits.
Councilman Paul Palmer, Chairman of the City Annexation Committee, made the open-
ing statement that the City has been placed in a libelous position because of
recent requests for building permits which have been refused. These proposed
buildings and additions to buildings are in the jurisdictional area outside the
City limits extending from Reserve Drive south to Four Corners and from the Flat-
head River west to Hartt Hill, where the City issues building permits, but do not
conform to the Comprehensive Plan. The City could be held liable for using the
Building Department to implement zoning or for refusing to issue permits, so we
need to know how, what, where and when on boundaries, responsibilities and duties.
Councilman Palmer continued by stating that the City and County have no interlocal
agreement which protects us, We have only a series of four letters dating from
1977 to 1979 which indicate that the City and County would have an ongoing obli-
gation with one another. We have a letter from the State which states that they
would like to review -our agreement, The FRDO office, the County Commissioners and
the City have all searched their records and there seems to be no such agreement.
This puts us both in an awkward position, but we owe the taxpayers a decision and
for the sake of good planning, decisions must be made. Inasmuch as we are talking
about an area outside the City, some of which is already zoned, then the City has
its hands tied, unless the County is willing to surrender that right to the City
to go ahead and continue the zoning. The other choice, which is also the Commis-
ioner's choice, would be for the City to withdraw from the current plan whereby we
are using the Building Department to implement the Comprehensive Plan basically for
the County. For instance, we have an application for a building permit on LaSalle
Road for a muffler shop and have refused it because it does not conform. This means
that if no capital improvements are made to land it can be used for anything because
there is no building permit or land use permit required. Where there is no zoning
the Comprehensive Plan takes precedence, Therefore, if we take each individual case
and change the Comprehensive Plan, this constitutes spot zoning, which is also il-
legal, These are the problems we have. We are asking that you either surrender the
zoning, if the citizens so chose and the City so choses, or an alternative would be
to pull back our building inspections to the City limits., but then we would not be
protecting the right given to us by the Legislature to protect the immediate area
which might become a part of the City.
Councilman Palmer concluded by stating that he would like to talk about the re-
sponsibilities and how the Commissioners see it, If there is a simple solution,
we are looking for one. Being on the Annexation Committee and the Zoning Com-
mittee, Councilman Palmer stated he could see no equitable way to solve the prob-
lems without a written agreement, or see who is going to be responsible when the
lawsuits come.
Commissioner Wollan stated that he has indicated in the past that the simple
solution is to let the City zone the area because it is more in the interest of
City than the County.
Attorney Smith stated he thought the County could change their zoning laws to
free the City to zone the area.
Commisssioner Oldenberg stated that zoning outside the City limits, where property
owners have no representative to the City, should be zoned by the County Commis-
sioners. It might take up to ten years to zone, but it should be done by the
County Commissioners in cooperation with the City,
Councilman Palmer asked for input from the Council members,
Councilman O'Boyle said he feels the County should either do the zoning or come
up with an agreement to allow the City to zone.
Councilman Ruiz felt the Commissioners should do the zoning, but if they cannot
do it in four to six weeks, relinquish and let the City do it,
Councilman Nystul stated that it was the most logical for the County to do the
zoning, but someone needs to do it and we should,.either assist the County or let
the City do it on a reasonable basis or requests, People who want to build today
may be looking at a year or two and something should be done in the interim.. Until
zoning is done, the City should be consistent in issuing building permits in accord-
ance with the mail decision,
Councilman Vidal felt it was the responsibility of the County, but because of the
time lag, we should work on amending the Comprehensive Plan in the areas concerned
and will work with the County, or is willing to let the City do it, if the County
prefers this way,
Councilman Grainger felt we should not wait a year or two, If LaSalle Road wants
to go to commercial zoning, hold your public hearing to amend the Comprehensive
Plan, zone, issue the building permit and it is immaterial who starts the proceed-
ings as long as they start,
Commissioner W.ollan stated that the County has so many other critical areas to be
concerned about that he would favor letting the City zone and providing so that it
can be done a piece at a time,
Councilman Saverud stated that he has been concerned for a long time, is pleased
that the Commissioners are meeting with .us and is a little worried that the City
may have to pull back to our own limits, As a Council, we should look at the area
that could possibly become part of the City and either zone or assist with the
zoning,
Mayor McDowell stated he wants something done for these people,
M
Councilman Palmer stated if we need a zoning administrator we should get one.
It is up to the County Commissioners,
Commissioner Deist would like to see the City and County work it out together.
She stated she has written a letter to the planning staff about a zoning ordin-
ance but has not received a reply,
Commissioner Oldenberg stated it is the County's responsibility and they should
take the lead. The main interest should be to protect the property owners and
their needs.
Councilman Saverud stated he doubted if Evergreen will ever become a part of the
City and perhaps we should pull out and concentrate on areas that may become
annexed.
Councilman Palmer repeated that if the City is going to assume responsibility
for zoning outside the City, we need an agreement,
Attorney Smith stated that the County is not going to assume any responsibility
for the building permits we issue except on recommendation of the Flathead Reg-
ional Development Office,
Commissioner Wollan suggested that the immediate problem areas make application
for a change in the Comprehensive Plan to the planning staff, City Council and
County Commissioners.
Meeting adjourned at 5:10 P,M,
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