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8. Resolution 4747 - Supporting City of Whitefishc' ffli City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7000 Fax - (406)758-7758 .. P� d8ID"'h6N REPORT TO: FROM: Honorable Mayor and City Council Chris A. Kukulski, City Manager SUBJECT: Resolution 4747 Supporting the Whitefish City Council's Opposition to Any Unilateral Efforts to Reduce the Whitefish City -County Planning Board's Existing Jurisdiction MEETING DATE: October 7, 2002 BACK GROUND: During the September 30, 2002 joint Cities and County meeting the Whitefish City Council adopted a Resolution that opposed any unilateral decision by the Flathead County Commissioners to change their extraterritorial planning jurisdiction. Similar action was taken by Flathead County in December of 2001, effectively ending Kalispell's "twenty plus year cooperative relationship on planning with the county. Since that time all developments within the extraterritorial jurisdiction boundaries have been easy targets for litigation from any individual or group that opposes the development. The end result has been a great disservice to property owners and developers who expect their local governments to provide a well defined legal public process for project review. I would encourage all three cities to work together in Minding common ground with Flathead County and feel that any unilateral action taken by either the County or Cities to eliminate joint planning efforts is in direct conflict with Senate Bill 97, which requires Counties and Cities to coordinate planned growth in and around urban areas. RECOMMENDATION: Kalispell City Council adopt Resolution 4747. FISCAL EFFECTS: None at this time. ALTERNATIVES: As suggested by the Council. Res cttfulll ysubmitted. Chris A. Kuku ski City Manager Report compiled October 3, 2002 RESOLUTION NO. 4747 A RESOLUTION TO DECLARE THE SUPPORT OF THE KALISPELL CITY COUNCIL FOR THE WHITEFISH CITY COUNCIL'S OPPOSITION TO ANY UNILATERAL EFFORT ON THE PART OF THE FLATHEAD COUNTY COMMISSIONERS TO ALTER THE WHITEFISH CITY -COUNTY PLANNING BOARD'S EXISTING JURISDICTION. WHEREAS, Flathead County is considering withdrawing from the current joint planning jurisdiction with the City of Whitefish and the City of Columbia Falls; and WHEREAS, in December, 2001 Flathead County withdrew from the joint planning jurisdiction with the City of Kalispell; and WHEREAS, it is the clear intent of the planning legislation within the State of Montana that local governments cooperate and coordinate their planning efforts to achieve a cohesive and rational approach to growth. The mandated growth policy requires the County to provide a statement of how it intends to coordinate and cooperate with cities and towns located within the county's boundaries on matters related to the growth policy and the state legislation has, for over thirty years, enabled and encouraged counties and cities to manage their growth through the adoption joint planning jurisdictional areas; and WHEREAS, it has been the experience of the City of Kalispell that since the time that Flathead County withdrew from the joint planning jurisdiction with the City of Kalispell, communication regarding planning issues affecting the County and the City have been minimal and coordination and cooperation in planning between the two local governments has been greatly diminished. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the City Council of the City of Kalispell hereby declares its support for the Whitefish City Council's opposition to any unilateral effort on the part of the Flathead County Commissioners to alter the Whitefish City -County Planning Board's existing jurisdiction. SECTION II. The City Manager is authorized and directed to communicate this resolution to the Flathead County Commissioners for consideration at the public hearing scheduled for October 10, 2002. E:\attsect\wp\res\4747 whitefish suppon.wpd PASSED AND APPROVED BY THE CITY COUNCILAND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF OCTOBER, 2002. Pamela B. Kennedy Mayor Attest: Theresa White City Clerk &\attsect\wp\res\4747 whitefish support.wpd