3. Resolutions 4773/4774 - Revising and Adopting/Rejecting the Kalispell Growth Policy 2020Charles A. Harball
City Attorney
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903.1997
MEMORANDUM
DATE: February 12, 2003
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Kalispell Growth Policy 2020 — Resolution to Revise and Adopt
or Resolution to Reject
MEETING DATE: Tuesday, February 18, 2003
BACKGROUND: The Kalispell City Planning Board presented its Draft Kalispell Growth
Policy 2020 in December 2002 to the Kalispell City Council for its review and action.
Public continent was solicited and received through written comment and two public
hearings. The City Council considered the Draft Policy, the public testimony and the advice
of professional planning staff and in the process directed that certain portions of the Draft
Policy be revised. This revised Draft Policy is now before Council for its consideration for
adoption, further revision or rejection.
RECOMMENDATION: That the Council either adopts the current revised Draft Kalispell
Growth Policy 2020 or make any other revisions to this draft that is deemed in the best
interest of the City of Kalispell and then adopt such draft as its "Kalispell Growth Policy
2020".
FISCAL EFFECTS: There are no immediate fiscal effects to the passage of a growth policy.
The failure to adopt a growth policy, under current legislation, will ultimately impinge upon
the abilities of the City to adequately plan land uses which may lead to the ineffective use of
City resources and the erosion of land values and City revenue.
Respectfully
Attorney
Chris Kukulski, City Manager
C:\DOCUME-1\coc\LOCALS—I\Templmemo to council re Growth Policy.doc
RESOLUTION NO.4773
A RESOLUTION REVISING THE "DRAFT KALISPELL GROWTH POLICY 2020" AS
RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD AND ADOPTING
THE "KALISPELL GROWTH POLICY 2020" FOR THE ENTIRE JURISDICTIONAL
AREA OF THE KALISPELL CITY PLANNING BOARD.
WHEREAS, the Montana legislature adopted Chapter 582, L. 1999 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 Planning Board prepared, held a public hearing pursuant to §
76-1-602, MCA, on December 17, 2002, and presented to the Kalispell City
Council a document entitled "Draft Kalispell Growth Policy 2020" on December
30, 2002, recommending a "growth policy" applicable to the entire jurisdictional
area of the Kalispell City Planning Board, and
WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider
the recommended "Draft Kalispell Growth Policy 2020" and adopted a Resolution
of Intention to Adopt, Revise, or Reject said "Draft Kalispell Growth Policy
2020" on December 16, 2002, and
WHEREAS, the City Council held a public hearing pursuant to notice under § 7-1-4128 MCA,
on January 13, 2003 and received public comment on said "Draft Kalispell
Growth Policy 2020", and
WHEREAS, the City Council, after reviewing said "Draft Kalispell Growth Policy 2020" and
receiving public comment have made certain revisions to said document and
determined that the adoption of said revised "Draft Kalispell Growth Policy
2020" is in the best interest of the City of Kalispell and the residents of the
jurisdictional area of the "Kalispell Growth Policy 2020".
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 revises the "Draft Kalispell Growth Policy 2020", as
recommended by the Kalispell City Planning Board and adopts the
"Kalispell Growth Policy 2020" as set forth in Exhibit "A" attached hereto
and incorporated fully herein by this reference, 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 18a' DAY OF FEBRUARY, 2003.
Pamela B. Kennedy
Mayor
RESOLUTION NO.4774
A RESOLUTION REJECTING THE "DRAFT KALISPELL GROWTH POLICY 2020"
AS RECOMMENDED BY THE KALISPELL CITY PLANNING BOARD.
WHEREAS, the Montana legislature adopted Chapter 582, L. 1999 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 Planning Board prepared, held a public hearing pursuant to §
76-1-602, MCA, on December 17, 2002, and presented to the Kalispell City
Council a document entitled "Draft Kalispell Growth Policy 2020" on December
30, 2002, recommending a "growth policy" applicable to the entire jurisdictional
area of the Kalispell City Planning Board, and
WHEREAS, the City Council of the City of Kalispell considered it advisable that they consider
the recommended "Draft Kalispell Growth Policy 2020" and adopted a Resolution
of Intention to Adopt, Revise, or Reject said "Draft Kalispell Growth Policy
2020" on December 16, 2002, and
WHEREAS, the City Council held a public hearing pursuant to notice under § 7-1-4128 MCA,
on January 13, 2003 and received public comment on said "Draft Kalispell
Growth Policy 2020", and
WHEREAS, the City Council, after reviewing said "Draft Kalispell Growth Policy 2020" and
receiving public comment determined that rejection of said "Draft Kalispell
Growth Policy 2020" is in the best interest of the City of Kalispell and the
residents of the jurisdictional area of the "Kalispell Growth Policy 2020".
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 "Draft Kalispell Growth Policy 2020", as
recommended by the Kalispell City Planning Board.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18a` DAY OF FEBRUARY 2003.
Pamela B. Kennedy
Mayor