PH - Growth Policy AmendmentJuly 6, 2000
TO:
FROM:
RE:
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Mayor, City Council and Manager
Glen Neier, City
Attorney f�
Growth Policy Public Hearing �/
On Monday, July 10, 2000, the Council has scheduled a Public
Hearing on the proposed Kalispell City -County Growth Policy Plan.
The Council has received three Resolutions. The first one,
"adopting" the Growth Policy, stating that it is in the "public
interest". The second, "rejecting" the Growth Policy as not in the
public interest. In the event the Council determines to pass either
of the above, the procedure is self-explanatory.
Under § 76-1-604, MCA, Council may, in addition to the options
presented above, determine that the public interest is best served
by revising the Growth Policy. It is doubtful that revising the
Growth Policy could be accomplished the night of the Public
Hearing. This office is of the opinion that Council objections to
the recommended Growth Policy are primarily related to philosophy.
Attempting to revise philosophical issues at a single meeting would
be impossible.
Anticipating that the Council will determine it appropriate to
revise the recommended Growth Policy, this office has prepared a
Resolution of Intent to Revise the Recommended "Kalispell City -
County Growth Policy". Because revising the Growth Policy probably
will encompass several months of workshops, the Council will
necessarily be required to set another Public Hearing on the
revisions at some future date.
Between July 10, 2000 and the date set for the subsequent Public
Hearing, Council could hold workshops emphasizing revisions to the
Policy and have the FRDO and City staff available for input and
drafting.
wp\growthpolicymemo.wpd
Revising the Growth Policy cannot be accomplished in knee jerk
fashion, and may take longer than anticipated. In the end the
Council may be well advised to reject the recommended Growth
Policy, and await another attempt by the Planning Board to present
a Policy in accordance with the law.
wp\growthpolicymemo.wpd
RESOLUTION NO. 4565
A RESOLUTION ADOPTING THE RECOMMENDED "KALISPELL CITY -COUNTY GROWTH
POLICY".
WHEREAS, the Kalispell City -County Master Plan (Comprehensive
Plan) was originally adopted by the Kalispell City
Council on October 17, 1974, and by the Flathead Board of
County Commissioners on October 14, 1974, and
WHEREAS, a subsequent Kalispell City -County Master Plan
(Comprehensive Plan) was adopted by the Kalispell City
Council on September 16, 1985, and by the Flathead Board
of County Commissioners on February 6, 1986, and
WHEREAS, the Montana legislature adopted Chapter 582, L. 1999
substituting "growth policy" for "master plan" and
requiring local planning boards to prepare and propose a
growth policy for said planning board's respective
jurisdictional area, and
WHEREAS, the Kalispell City -County Planning Board has prepared,
held a public hearing pursuant to § 76-1-602, MCA, on
November 9, 1999, and presented, pursuant to Resolution
KMPA-99-1, to the Kalispell City Council and Flathead
Board of County Commissioners a document entitled
"Kalispell City -County Growth Policy Plan" dated November
23, 1999, recommending a "growth policy" applicable to
the entire jurisdictional area of the Kalispell City -
County Planning Board, and
WHEREAS, the City Council of the City of Kalispell considered it
advisable that they consider the recommended "Kalispell
City -County Growth Policy" and adopted a Resolution of
Intention to Adopt, Revise, or Reject said "Kalispell
City -County Growth Policy" on 5Tx day of June, 2000, and
WHEREAS, the City Council held a public hearing pursuant to notice
under § 7-1-4128, on July 10, 2000 and received public
comment on said "Kalispell City -County Growth Policy",
and
WHEREAS, the City Council, after reviewing said "Kalispell City -
County Growth Policy" and receiving public comment have
determined that the adoption of said "Kalispell City-
res\9rowthpo1icyadopt.wpd
County Growth Policy" is in the best interest of the City
of Kalispell and the residents of the jurisdictional area
of the "Kalispell City -County Growth Policy".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to § 76-1-604, MCA, the City
Council of the City of Kalispell adopts the
recommended "Kalispell City -County Growth
Policy", as recommended by the Kalispell City -
County Planning Board establishing a "growth
policy" for the entire jurisdictional area.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2000.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
res\growthpolicyadopt.wpd
RESOLUTION NO. 4566
A RESOLUTION REJECTING THE RECOMMENDED "KALISPELL CITY -COUNTY
GROWTH POLICY".
WHEREAS, the Kalispell City -County Master Plan (Comprehensive
Plan) was originally adopted by the Kalispell City
Council on October 17, 1974, and by the Flathead Board of
County Commissioners on October 14, 1974, and
WHEREAS, a subsequent Kalispell City -County Master Plan
(Comprehensive Plan) was adopted by the Kalispell City
Council on September 16, 1985, and by the Flathead Board
of County Commissioners on February 6, 1986, and
WHEREAS, the Montana legislature adopted Chapter 582, L. 1999
substituting "growth policy" for "master plan" and
requiring local planning boards to prepare and propose a
growth policy for said planning board's respective
jurisdictional area, and
WHEREAS, the Kalispell City -County Planning Board has prepared,
held a public hearing pursuant to § 76-1-602, MCA, on
November 9, 1999, and presented, pursuant to Resolution
KMPA-99-1, to the Kalispell City Council and Flathead
Board of County Commissioners a document entitled
"Kalispell City -County Growth Policy Plan" dated November
23, 1999, recommending a "growth policy" applicable to
the entire jurisdictional area of the Kalispell City -
County Planning Board, and
WHEREAS, the City Council of the City of Kalispell considered it
advisable that they consider the recommended "Kalispell
City -County Growth Policy" and adopted a Resolution of
Intention to Adopt, Revise, or Reject said "Kalispell
City -County Growth Policy" on 5" day of June, 2000, and
WHEREAS, the City Council held a public hearing pursuant to notice
under § 7-1-4128, on July 10, 2000 and received public
comment on said "Kalispell City -County Growth Policy",
and
WHEREAS, the City Council, after reviewing said "Kalispell City -
County Growth Policy" and receiving public comment have
determined that the adoption of said "Kalispell City-
res\growthpolicyreject.wpd
County Growth Policy" is not in the best interest of the
City of Kalispell and the residents of the jurisdictional
area of the "Kalispell City -County Growth Policy".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to § 76-1-604, MCA, the City
Council of the City of Kalispell rejects the
recommended "Kalispell City -County Growth
Policy", as recommended by the Kalispell City -
County Planning Board establishing a "growth
policy" for the entire jurisdictional area.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2000.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
res\growthpolicyreject.wpd
RESOLUTION NO. 4567
A RESOLUTION OF INTENT TO REVISE THE RECOMMENDED "KALISPELL CITY -
COUNTY GROWTH POLICY".
WHEREAS, the Kalispell City -County Master Plan (Comprehensive
Plan) was originally adopted by the Kalispell City
Council on October 17, 1974, and by the Flathead Board of
County Commissioners on October 14, 1974, and
WHEREAS, a subsequent Kalispell City -County Master Plan
(Comprehensive Plan) was adopted by the Kalispell City
Council on September 16, 1985, and by the Flathead Board
of County Commissioners on February 6, 1986, and
WHEREAS, the Montana legislature adopted Chapter 582, L. 1999
substituting "growth policy" for "master plan" and
requiring local planning boards to prepare and propose a
growth policy for said planning board's respective
jurisdictional area, and
WHEREAS, the Kalispell City -County Planning Board has prepared,
held a public hearing pursuant to § 76-1-602, MCA, on
November 9, 1999, and presented, pursuant to Resolution
KMPA-99-1, to the Kalispell City Council and Flathead
Board of County Commissioners a document entitled
"Kalispell City -County Growth Policy Plan" dated November
23, 1999, recommending a "growth policy" applicable to
the entire jurisdictional area of the Kalispell City -
County Planning Board, and
WHEREAS, the City Council of the City of Kalispell considered it
advisable that they consider the recommended "Kalispell
City -County Growth Policy" and adopted a Resolution of
Intention to Adopt, Revise, or Reject said "Kalispell
City -County Growth Policy" on 5Tx day of June, 2000, and
WHEREAS, the City Council held a public hearing pursuant to notice
under § 7-1-4128, on July 10, 2000 and received public
comment on said "Kalispell City -County Growth Policy",
and
WHEREAS, the City Council, after reviewing said "Kalispell City -
County Growth Policy" and receiving public comment have
determined that the adoption of said "Kalispell City-
res\growthpolicyrevise.wpd
County Growth Policy", as recommended, is not in the best
interest of the City of Kalispell and the residents of
the jurisdictional area of the "Kalispell City -County
Growth Policy", and should be revised as authorized by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That pursuant to § 76-1-604, MCA, the City
Council of the City of Kalispell hereby
declares an intent to revise the recommended
"Kalispell City -County Growth Policy", as
recommended by the Kalispell City -County
Planning Board.
SECTION II. That the City Council of the City of Kalispell
shall consider whether to pass a final
resolution revising the recommended "Kalispell
City -County Growth Policy" at a public hearing
to be scheduled and held pursuant to 7-1-4128,
MCA upon completion of review and revisions by
the City.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2000.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
res\growthpolicyrevise.wpd