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