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5. Ordinance 1414 - Emergency Ordinance - Planning Board4P City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 TO: FROM: Mayor Pamela S. Kennedy and Kalispell City Council Charles Harball, Acting City Attorney Chris Kukulski, City Manager SUBJECT: An Ordinance to Continue the Emergency Ordinance No. 1411 by Extending the Duration of the Interim Kalispell City Planning Board and Zoning Commission for an Additional 90 Days. MEETING DATE: March 18, 2002 BACKGROUND: On December 26, 2001 the Council enacted Ordinance 1411 as an emergency measure establishing a Kalispell City Planning Board and Zoning Commission for a 90 day duration. This action became necessary when Flathead County removed itself from the Kalispell City/County Planning Board. Flathead County and the City of Kalispell are currently negotiating an interlocal agreement that would again establish joint planning between the County and City. RECOMMENDATION: The Council should consider extending the duration of the interim planning board and zoning commission so the business of the citizens developing their property can go forward while discussions with the County about joint planning are brought to completion. FISCAL EFFECTS: None. Respectfully submitted, �D� Charles a all, Acting City Atty. Chris Kukulski, City Manager NO. 1414 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 1411, EXTENDING THE DURATION OF THE INTERIM KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION FOR AN ADDITIONAL 90 DAY DURATION. WHEREAS, neither the City of Kalispell nor the County of Flathead, Montana have, by majority of those voting, adopted a self-government charter superior to statutory provisions as provided for in Art. XI, §§ 5 and 6 Mont. Const. (1972) (or as same may have been provided for under the Montana Constitution adopted and ratified in 1889); and WHEREAS, on June 2, 1958, by Ordinance No. 663, the Kalispell City Council created "a combined City and County Planning Board" in conjunction with the County of Flathead, Montana pursuant to and under the provisions of Chapter 246, Laws 35th Montana Legislative Assembly, 1957. (Title 11, Ch. 38 R.C.M., 1947); and WHEREAS, in 1961-1962, under contract for the Montana State Planning Board and the Kalispell City -County Planning Board, Planning Consultant Ronald Thompson and Associates, City and Regional Planning and Economic Research, Butte, Montana and the Kalispell City County Planning Board prepared a City -County Master Plan "Project No. Montana P.6" denominated: "Master Plan - Kalispell and Flathead County / City - County Planning Board 1962"; and WHEREAS, subsequently, the Montana Legislative Assembly twice amended certain provisions of Chapter 246, Laws of the 35th (1957), first at Chapter 247, Laws 38th Montana Legislative Assembly, 1963, and again at Chapter 189, Laws 39th Montana Legislative Assembly, 1965; and WHEREAS, on November 8, 1965, by Ordinance No. 725, the Kalispell City Council repealed City Ordinance 663 and created "a combined City and County Planning Board" pursuant to and under the provisions of Title 11, Chapter 38, Revised Codes of Montana, 1947, as amended, Chapter 247 of the laws of the 38th Montana Legislative Assembly, 1963, and, as amended, Chapter 189 of the laws of the 39th Montana Legislative Assembly, 1965"; and WHEREAS, on December 23, 1971, by Resolution No. 115, having determined that it was in the best interest of Flathead County to plan "the area adjacent to the City of Kalispell" and that the City Council of Kalispell had already approved same, the Flathead County Commission approved the planning board's proposal and expanded the Kalispell City -County Planning Board jurisdictional area to its current size; and WHEREAS, on November 28, 2001, by Resolution No. 1539, the Board of County Commissioners gave notice of their intention to hold a public hearing on December 17, 2001 to receive comments on their recent proposal to withdraw from the Kalispell City -County Planning Board and attempt to unilaterally eliminate the extraterritorial jurisdiction of that board; and 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, Kalispell City Ordinance § 2-25 provides that in the event of an emergency, in response to such emergency, the City Council may pass an Ordinance, effective immediately, when such a measure is immediately necessary to preserve peace, health and safety of the City or its residents; and WHEREAS, since the aforementioned actions of the Flathead County Commissioners have created such emergency by leaving unresolved the issue of the City's process for statutorily required planning board review of pending and new applications for projects that would normally otherwise come before the Kalispell City -County Planning Board, but for the recent actions taken by the Flathead County Commissioners described above; and WHEREAS, a majority of the Flathead County Commissioners have clarified their intentions concerning the creation of the interim Kalispell City Planning Board and Zoning Commission in writing (see Exhibit A, attached and specifically incorporated as if fully set forth); and WHEREAS, it is in the best interest of the City of Kalispell that an interim Kalispell City Planning Board and Zoning Commission be established in order to temporarily review such pending and new applications for projects that would otherwise normally come before the Kalispell City -County Planning Board, to continue to meet our planning needs; 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 will expire on March 26, 2002, necessitating an extension of an additional 90 days in which time the City may determine the future nomenclature of its planning process. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. That Ordinance No. 1411 is hereby amended by extending the duration of the Interim Kalispell City Planning Board an additional 90 days. SECTION II. This Ordinance shall be effective immediately upon the date of its final passage and approval and shall expire by its own terms and operation of law from and after 90 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 18TH DAY OF MARCH, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk