03/28/00 Greer to Kukulski/Section 36 MOU DraftDEPARTMENT OF
NATURAL RESOURCES AND CONSERVATION
MARC RACICOT, GOVERNOR
- STATE OF MONTANA
NORTHWESTERN LAND OFFICE
2250 HIGHWAY 93 NORTH
KALISPELL, MONTANA 59901-2557
March 28, 2000
Chris Kukulski
City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903-1997
RE: SECTION 36 MOU PROCESS
Dear Chris:
Telephone: (406) 751-2240
FAX- (406) 751-2288
The adopted Neighborhood Plan for Section 36 includes a policy statement that "A Memorandum of
Agreement shall he sought with the affected governing bodies to ensure state compliance with the
adopted zoning regulations". In a subsequent action by the State Board of Land Commissioners
(9/20/99) in response to concerns expressed by Citizens For a Better Flathead, the following motion
was approved:
"Direct the Deparlivent to proceed ii4th the preparation and drafting of a MO U that lays out
a hroad . ft-amework to address the issues of a master plan, zoning, subdivision review,
ML'PA, and the simultaneous suspension of any further movement forward until such time
as that MOUhas been approved by the local governments through a puhlic hearing process
and this Board "
Attached is a draft MOU that we believe satisfies the intent of the Plan policy and the motion by the
Land Board. As you are aware, we are on "hold" with implementation of the Neighborhood Plan
pending approval of an MOU with the city, county, and Land Board. We would appreciate action
on this MOU by the City Council to help move this process to the Land Board and then back again
to the city for consideration of annexation and zoning. A copy of this MOU has already been
forwarded, upon request, to Citizens For a Better Flathead for their review and comment.
Please contact me at your earliest convenience concerning this request for a public hearing on the
MOU. Thank you for your continued cooperation with this effort.
Sincerely,
David M. Greer
planner - special uses
KALISPELL UNIT
2250 Highway 93 North
Kalispe6, MT 59901-2557
Telephone (406) 751-2240
Fax (406) 751-2288
STILLWATER STATE FOREST LIBBY UNIT
PO Box 164 14096 US Highway 37
Olney, MT 59927-0164 Libby, MT 59923-9347
Telephone (406) 881-2371 Telephone (406) 293-2711
Fax (406) 881-2372 Fax (406) 293-9307
PLAINS UNIT SWAN STATE FOREST
PO Box 219 Swan Lake, MT 59911
Plains, MT 59859-0219 Telephone (406) 754-2301
Telephone (406) 826-3851 Fax (406) 754-2884
Fax (406) 826-5785
AN EQUAL OPPORTUNITY EMPLOYER'
REVIEW ■
RAFT
This Memorandum of Understanding is entered into this day of , 2000
by and between the Montana Department of Natural Resources and Conservation
(hereinafter DNRC), Flathead County and the City of Kalispell.
WHEREAS, Section 36, Township 29N, Range 22W, PMM, Flathead County,
Montana was deeded to the State of Montana and is held in trust as School Trust Land
and is administered by DNRC;
WHEREAS, DNRC may, in the future, permit development of all but tract 2 of
Section 36 (hereinafter Section 36);
WHEREAS, DNRC prepared a neighborhood plan for Section 36 which was
adopted as an Amendment to the Kalispell City -County Master Plan by the Board of
Commissioners of Flathead County and the City Council of Kalispell;
WHEREAS, DNRC desires to seek adoption of zoning regulations that would help
implement the adopted neighborhood plan,
WHEREAS, DNRC seeks to permit development of the property in accordance to
the adopted plan and associated zoning;
WHEREAS, DNRC will be subject to local subdivision regulations;
WHEREAS, DNRC is also subject to the provisions of the Montana Environmental
Policy Act (MEPA);
WHEREAS, DNRC is obligated under the Enabling Act and the Montana State
Constitution to acquire the full appraised value or fair market value of lands to the school
trusts;
WHEREAS, the costs of providing government services to the annexed property will
be evaluated concurrent with annexation procedures that require an extension of services
plan;
WHEREAS, the City of Kalispell is in no way compelled to annex property should
the estimated revenue from taxes or other sources generated from development of the
property be insufficient to pay for the required public services; and
WHEREAS, DNRC was directed on September 20, 1999 by the Board of Land
Commissioners to prepare an MOU addressing the issues of planning, zoning, subdivision
review and MEPA.
Page 1 of 2
NOW, THEREFORE IT IS HEREBY AGREED THAT:
(1) any proposed lease on Section 36 involving a change of use or division
of land shall be subject to review under local planning, zoning, and
subdivision regulations; and
(2) any proposed lease on Section 36 involving a change of use or division
of land shall be subject to the appropriate MEPA review and analysis, in
conjunction with the local application and review process.
Dated this day of
By:
Robert W. Watne, Chairman
Board of Commissioners,
Flathead County
In
In
Return written comments prior to April 10, 2000 to
Page 2 of 2
William Boharsky
Mayor
City of Kalispell
Arthur "Bud" Clinch
Director
Department of Natural Resources
and Conservation
David Greer
DNRC
2250 Highway 93 North
Kalispell, MT 59901