E3. Resolution 5739 - ROI & Call for Public Hearing - Flood Plain Ordinance and MappingCharles A. flarball Offlee of City Attorney
City Attorney 201. First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Doug Russell, City Manager rJ'1)1L
FROM: Charles Harball, City Attorney
Tel 406.7500.7709
Fax 406.758.7771
charbali @kalispell.conn
SUBJECT: Resolution No. 5739 — Resolution of Intent Calling for Public
Hearing on New Mandated Floodplain Ordinance and Mapping
MEETING DATE: September 21, 2015 — Regular Council Meeting
BACKGROUND: From time to time the Federal Emergency Management Agency
TEMA) promulgates new rules and regulations that apply to floodplains for the purpos
of eligibility for the National Flood Insurance Program. The City of Kalispell is a
designated agency to assist in the administration of this program and therefore must
comply with the mandates of the program so that its residents may enjoy the benefits of
this subsidized insurance benefit. This Resolution calls for a public hearing so that the 11
public may review and comment on the changes to the ordinance that will be considered.
by the City Council at its regular meeting on October 5, 2015. 1
RECOMMENDATION: It is recommended that the Council pass Resolution No. 5739
and call the public hearing.
ALTERNATIVES: As FEMA requires a public hearing as a part of its process, any
determination to forego the hearing will be a declination of the National Flood Insurance
Program for the property owners within the City of Kalispell.
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WHEREAS, the City of Kalispell's participation in the National, Flood Insurance Program
(NFIP) is based upon a mutual agreement with FEMA (Federal Emergency
Management Agency). In return for the local adoption and enforcement of
floodplain management regulations that meet the minimum criteria of the NFIP,
FEMA provides the availability of flood insurance coverage within the City of
Kalispell; and
WHEREAS, the Kalispell City Council finds that it is in the best interests of the citizens of
Kalispell. that they be able to participate in the National Flood Insurance Program
and that it is therefore in the best interests of the citizens of Kalispell that the
Kalispell City floodplain ordinances comply with the requirements of FEMA; and
WHEREAS, the City Council should consider the draft Floodplain Ordinance, input from the
public and thereafter adopt a Floodplain Ordinance that is in compliance with
FEMA requirements.
N01TT, TAEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
V.&LISPELL-41,S FOLLOWS:
SECTION I. That there is hereby set a Public Hearing on the 5th day of October, 2015,
at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell,
Montana, to discuss the draft floodplain ordinance.
SECTION 2. The City Clerk is hereby authorized and directed to make, publish and
distribute notices of said Public Hearing in conformity with state law. The
City Clerk shall further make the draft floodplain ordinance available to
the public by posting the same on the City of Kalispell web site and by
providing a paper copy to the public upon request and payment of copy
fees.
M
Aimee Brunckhorst, CMC
City Clerk