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11. Resolution 4767 - Resolution of Intent - Kalispell Growth PolicyCharles A. Harball City Attomey City of Kalispell Office of City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903.1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Chris Kukulski, City Manager SUBJECT: Call for a Public Hearing on Growth Policy MEETING DATE: Monday, December 16, 2002 Tel 406.758.7708 Fax 406.758.7771 charbalt@kalispell.com BACKGROUND: On December 17, 2002 the Kalispell City Planning Board will hold a public hearing on the draft of the Kalispell City Growth Policy. It will then continue to take public comment until December 24, 2002. On December 30, 2002 there will be a joint meeting of the Kalispell Planning Board and the Kalispell City Council. At that time the Planning Board will advise the Council of its determination and discuss with Council the issues with which it has grappled. The written document [the Growth Policy], with any changes made to it by the Board based upon public input, may not be available at that moment in time as the staff will likely need some additional time to put that together. Therefore, the Council will meet on January 13, 2003 to hold its public hearing on the policy and will make its determination at some point in time thereafter. Because of the statutory notice requirements and the holidays, it win be necessary to call for, notice and schedule a public hearing before Council early on in this process. RECOMMENDATION: Pass the resolution to consider the Growth Policy and can for the public hearing on January 13, 2003. FISCAL EFFECTS: None. Respectfully submitted, - r'zo Charles Harball, ity Attorney Chris A. Kukulski, City Manager C:\DOCUME—I\coc\LOCALS—I\Temp\memo to council re call for public hearingl.doc RESOLUTION NO. 4767 A RESOLUTION OF INTENTION TO ADOPT, REVISE OR REJECT THE RECOMMENDED KALISPELL CITY GROWTH POLICY AND TO CALL FOR A PUBLIC HEARING. 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 Planning Board has prepared, held a public hearing pursuant to § 76-1-602, MCA, on December 17, 2002, and presented, pursuant to Resolution KGP- 02-1, to the Kalispell City Council a document entitled "Kalispell City Growth Policy Plan" dated December, 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 considers it advisable that they consider the recommended "Kalispell City Growth Policy" and adopt a Resolution of Intention to Adopt, Revise, or Reject said "Kalispell City 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 intends to consider a recommended "Kalispell City Growth Policy", as recommended by the Kalispell City Planning Board establishing a "growth policy" for the entire jurisdictional area, and therefore, hereby adopts a Resolution of Intention to Adopt, Revise, or Reject the recommended "Kalispell City Growth Policy". SECTION II. That the City Council of the City of Kalispell shall consider whether to pass a final resolution adopting, revising, or rejecting the recommended "Kalispell City Growth Policy" at a public hearing to be held on the 13th day of January, 2003 at 7:00 o'clock P.M., in the Council Chambers, City Hall, Kalispell, Montana, and at the conclusion of said public hearing the City Council may consider a final Resolution to Adopt, a Resolution to Revise, or a Resolution to Reject the recommended "Kalispell City Growth Policy". SECTION III. The City Clerk is authorized and directed to give notice of this meeting in accordance with § 7-1-4128, MCA. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF DECEMBER, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk