2. Ordinance 1435 - Permanent City Planning Board - 2nd ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
TO:
FROM:
SUBJECT:
MEETING DATE
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Chris Kukulski, City Manager
Kalispell City Planning Board - Permanent Status
August 19, 2002
BACKGROUND: The Kalispell City Planning Board has been in existence since
approximately the beginning of this year as an interim board. This was necessitated by
the withdrawal of the County from the City -County Planning Board and jurisdiction. A
good deal of intention and effort was directed toward salvaging the planning relationship
between the entities and the City Planning Board therefore remained in the "interim"
status awaiting the outcome of those discussions. This has created a quandary for the
City with no expedient options. If the City pursues the prosecution of its action against
the County for its unilateral withdrawal from the interlocal agreement, more months and
perhaps years will pass awaiting the outcome, putting planning into total gridlock. An
interim board could not be justified for that period of time. The City may find better
fortune in the future resurrecting an interlocal planning agreement with the County. As it
can not be predicted if or when that will occur, again, an interim board could not be
justified for such an uncertain period of time.
RECOMMENDATION: The existing interim planning board should be established as a
permanent board pursuant to the provisions of Title 76 MCA. The effect of this will be
an acknowledgment by the City that its planning jurisdiction will be limited to the City
borders. The first order of business for the planning board shall be to develop and
recommend a growth policy to the City Council. That growth policy shall not only
address the territory within the city limits, but also that area outside of those limits, but
within the anticipated city services area, so that we will be able to appropriately address
the annexation issues of the future. First reading of this Ordinance passed on August 5,
2002.
FISCAL EFFECTS: None.
Respectfully su mitted,
a
Charles H rball City Attorney
Chris Kukulski, City Manager
ORDINANCE NO. 1435
AN ORDINANCE MAKING THE EXISTING INTERIM KALISPELL CITY PLANNING
BOARD AND ZONING COMMISSION A PERMANENT ENTITY.
WHEREAS, at the public hearing on December 17, 2001, the Board of County Commissioners of
Flathead County passed Resolution No. 1543, unilaterally purporting to withdraw
from the Kalispell City -County Planning Board and eliminate the extraterritorial
jurisdiction of that board without the concurrence of the Kalispell City Council; and
WHEREAS, Ordinance No.1411 was passed on December 26, 2001, creating an Interim Kalispell
City Planning Board, establishing an immediate effective date and limited 90 day
duration; and
WHEREAS, that 90 day period expired on March 26, 2002, which necessitated an extension of an
additional 90 days; and
WHEREAS, Ordinance No. 1414 was passed on March 18, 2002, extending the Interim Kalispell
City Planning Board, establishing an immediate effective date and limited 90 day
duration; and
WHEREAS, that 90 day period expired on June 18, 2002, which necessitated an extension of an
additional 90 days; and
WHEREAS, Ordinance No. 1429 was passed on July 1, 2002, extending the Interim Kalispell City
Planning Board, establishing an immediate effective date and limited 90 day
duration; and
WHEREAS, it is in the best interest of the City that the current interim planning board and zoning
commission be made a permanent entity pursuant to the requirements of Title 76 of
the Montana Code; and
WHEREAS, pursuant to MCA 76-1-221, the terms of the individual members should be
established so that a minimum number of terms shall expire in any year.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. The current interim Kalispell City Planning Board and Zoning
Commission is hereby established as a permanent entity pursuant to
the requirements of Title 76 of the Montana Code.
SECTION II. The city member positions currently filled by Bill Rice and Mark
Brechel shall expire on December 31, 2002 and such positions shall
be appointed thereafter as two year terms. The city member positions
currently filled by Ron Van Natta, Sue Ellyn Anderson and Bonnie
Spooner shall expire on April 30, 2004 and such positions shall be
appointed thereafter as two year terms. The county member position
shall expire on December 31, 2002 and such position shall be
appointed thereafter as a two year term. The city council member
position shall run concurrently with the elected term of the city
council member.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
OF THE CITY OF KALISPELL THIS 5TH DAY OF AUGUST, 2002.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk