5. Interlocal Agreement - City and Flathead County - City Airport Affected AreaCity of Kalispell
Charles A, Harball Office City Attorney Tel 406-758,7708
City Attomy 312 First Avenue East Fax 4 6.7 .7771
P.O. Box 1997 cbarbala.lispell. .
Kalispell, MT 99 3-1. 997
MEMORANDUM
ayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Har all, City Attorney
Janes H. Patrick, City Manager
SUBJECT: Interlocal Agreement with Flathead County Regarding
the Land Use Planning for the Kalispell city Airport
Affected Area
MEETING DATE: Tuesday, January .' , 2006 — Regular Mooting
BACKGROUND: one of the issues facing the City Airport is to ensure that i
complies with the federal mandate to implement necessary land use planning in the
"Airport Affected Area" [AAA] before for the end of April Zoo . The AAA consists of
lands, not only within the city limits of Kalispell, but also lands outside those limits,
within Flathead County. State lave contemplates eithe two -layered system of
County/City implementation of zoning regulations or a more streamlined version in
which one of the local governments defers to the other.
The City presented the attached in.terlocal agreement to the County for its
consideration and County legal staff has indicated that the Commissioners will
.likely give it a favorable determination. This interlocal agreement re quires that the
AAA Board be composed of five individuals, of which two are appointed by the
County. This "Joint" board then makes recommendations to the Kalispell City
Planning Board. The City Planning Board holds a public hearing regarding the
proposed airport related zoning regulations for the AAA and then makes its
recommendations to the Kalispell City Council. The i t rloca.l agreement states
that the County agrees to defer to the decision of the Kalispell City Council.
This interloca.l agreement is the first step to set up this process. if Council
approves the agreeement, it will then go to the Flathead County Commissioners the
following week for their consideration. If they approve the agreement, the process
will go forward as set forth above, and should be completed sometime in the month
f .April, as required.
1. ter ocal Agreement for the
Kalispell City Airport Affected Area
January 10, 2006
Page -
RECOMMENDATION: That Council consider a motion to give the Mayor the
authority to execute the Interlocal .Agreement and direct that it be forwarded on to
the Flathead County Commissioners for their consideration.
FISCAL EFFECTS: The ability of the Kalispell City Airport o meet 'AA
standards and requirements depends upon the local governments of Flathead
County and the City being able to establish airport related zoning regulations
within the airport affected area. Significant funding decisions previously scheduled
may well hinge upon the City'City's ability to meet this requirement.
Re sp ecflly _,spb mie d,
F
Charles"' Harbll, City Attorney
Yames H. Patrick, City Manager
Office of City Attomey
City of Kalispell
INTERLOCAL AGREEMENT
CITY OF KALISPELL
FLATHEAD COUNTY, MONTANA
for
THE CITY OF IGILISPELL AIRPORT AFFECTED AREA
WHEREAS, Title 7, Chapter 11, Part 1, M.C.A., known as the "Interlocal
Cooperation Act,"" permits governmental units to make the most t efficient use of their
powers by enabling then- to cooperate with other local governmental units on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to forms ofgovernn en.tai organization that will accord best with geographic 7 economic,
population, and other factors influencing the needs and development of local
communities; and
WHEREAS, said Act provides that an interlocal agreement may be authorized
and approved by the governing body of each party to said contract; and
WHEREAS,, -Itle 67 Chapter 7, M.C. ,, known as the "Airport Compatibility
Act' has, as its purpose, to promote the public health, safety, and general welfare by the
delineation of an airport affected area and by the development of compatible noise,
height, and land use regulations to control airport hazards; and
WHEREAS, the Airport Compatibility Act contemplates that the affected area of
an airport, such as the Kalispell City Airport, encompasses property within the
unsdiction of more than one local government entity; and
WHEREAS, the Airport Compatibility Act authorizes a joint airport affected area
regulation board that may adopt, administer, and enforce airport affected area regulations
as provided by FICA - - o l , subject to the provisions of MCA 7- -20 ; and
WHEREAS it is in the hest interests of the City of Kalispell and Flathead
County, as well as the citizens of both local jurisdictions, that these local govemments
enter into this interlocal agreement to provide for the most efficient and effective
development and enforcement of the airport affected area regulations.
NOW THEREFORE, IT RESOLVED y the City Council of the City of
Kalispell and the Commission of the County of Flathead, State of Montana, each a local
government agency of the State of Montana, that:
Pursuant to .MCA 7-11-104, the City of Kalispell and Flathead County agree it is
to them- mutual advantage to adopt this Interlocal Agreement as `ollow :
INTERLOCAL AGREEMENT
CITY OF KALISPELL AIRPORT AFFECTED AREA Page - t of
Section : Recitals
The City of Kalispell is a municipality of the State of Montana located within
Flathead County and organized pursuant to Title 7 Chapter.Fart 43. The City owns,
maintains and manages the Kalispell City Airport, which is a N'PIAS General Aviation
airport. The City of Kalispell, as a municipality, has statutory authority to place zoning
designations and land use regulations upon real property located with.in its city limits
Flathead County is a duly formed County go emme, t of the State of Montana
created by the a thority of the Montana Mate Legislature. Flathead County possesses the
statutory authority to place zoning designations and land use regulations upon real
property located witbin the county and outside of city Jurisdictions.
The proposed airport affected area of the Kalispell City Airport is located within
both the City of Kalispell and Flathead County Jurisdictions. pursuant to MCA 67-7-202,
Flathead County may provide members to the Airport affected Area Regulation Board
and defer to the zoning regulations proposed by that board and enacted by the City.
Section : Pyrposn.
t is the purpose of this agreement to provide for an efficient means of regulating
the airport affected area of the Kalispell City airport that rneets the standards set. forth
Title 67, Chapter 7, M.C.A,
Section 3: Creation and Administration of Land Use Controls
3.01. to separate legal entity is established by this Interlocal Agreement.
3.02. The City and the County agree to work cooperatively to provide and implement
reasonable zoning regulations for the airport affected area of the Kalispell City
Airport.
3.03. Pursuant to MCA - -2o , Flathead County and the City of Kalispell shall create
and participate in the Kalispell City Airport Affected Area Regulation Board.
3.04. The Kalispell City Airport Affected Area Regrulation Board shall propose zoning
regulations for the entire airport affected area, including that land in the City of
Kalispell, as well as that land in Flathead County and outside the City of
Kalispell. The proposed zoning regulations shall comply with Title 67, Chapter 7,
M.C.A.
3.05. The Kalispell City airport Affected Area Regulation Board shall present the
proposed zoning regulations to the C-xty of Kalispell Planning Board, which shall
hold the required public hearing. All properties affected by the proposed zoning
INTERLOCAL AGREEMENT
CITY OF KALISPELL AIRPORT AFFECTED AREA Page - 2 of
regulations shall receive the statutory mail notification of the proposed regulations
as well as the date and time of the public heafing.
3.06. Following public hearing the City of Kalispell planning Board shall pass its
recommendations on to the Kalispell City Council along with the minutes of the
public hear'ng. Based upon the evidence provided, the Kalispell City Council
shall consider and determine the zoning ordinance for the Kalispell City Airport
Affected Area. The Flathead County Commission, by this agreement, ratifies the
determination of the Kalispell City Council.
Section : Termination or Changes
4.01. This Agreement shall become effective upon approval by the Council of the City
of Kalispell and the County Commission of Flathead County. This Agreement
shall remain in full force and effect as stated -unless terminated according to the
provisions of this Section..
.02. This agreement may be changed with additions and/or deletions upon mutual
writtcn consent nt of the parties hereto.
Section 5: Term of Agreement
This Agreement will be effective from . signature date by both parties and will be,
effective for a period of 30 years,
IN WITNESS WHEREOF, the local govemments have caused this instrument to be
duly executed by their proper officers as follows:
CITY OF KALISPELL
APPROVED BY THE COUNCIL OF THE CITY OF KALISPELL o
the day of January, 2006, authorizing the Mayor r to execute the :lnterioeal Agreement.
ATTEST:
Theresa White
City Clerk
(SEAL)
INTERLOCAL AGREEMENT
CITY OF KALISPELL AIRPORT AFFECTED AREA
Pamela B. Kennedy
Mayor
Page - 3 of
County, Flathead, State of Montana
APPROVED BY THE COUNTY COMMISSION of FLATHEAD
COUNTY, STATE of MONTANA on the day of January, 2006.
B:
Bob Wa, Chairman
Commissioner
Gary Hall
Commissioner
Joe Brenneman
Commissioner
IN TERLO AL AGREEMENT
CITY OF KALISPELL AIRPORT AFFECTED AREA Page - 4 of 4