Ordinance 1710 - FAILED - Gateway Theater Parking Lot Proposal - West Side Urban Renewal District12/19/2011 — FAILED ON A 6-2 VOTE
ORDINANCE NO. 1710
AN ORDINANCE IDENTIFYING AND APPROVING A PROJECT FOR THE
KALISPELL MONTANA URBAN RENEWAL PLAN AS IT RELATES TO THE WEST
SIDE URBAN RENEWAL DISTRICT AND IDENTIFIED AS A PROJECT TO
ACQUIRE THE GATEWAY THEATER PROPERTY LOCATED AT 1275 US-2 WEST,
KALISPELL, MT 59901 TO REMOVE BLIGHT AND DEVELOP INFRASTRUCTURE
FOR A PUBLIC PARKING AREA.
WHEREAS, on December 5, 1994, the City Council (the "City Council") of the City of
Kalispell, Montana (the "City") adopted the West Side Urban Renewal District
Plan (the "Original Plan") as an amendment to the Kalispell City County Master
Plan; and
WHEREAS, the City Council also previously adopted Resolution No. 4309 that made detailed
findings regarding (i) blight conditions existed within the area of the West Side
Urban Renewal District (as defined below) and (ii) that rehabilitation and
redevelopment or a combination thereof, within the boundaries of the West Side
Urban Renewal District was necessary in the interest of public health, safety and
morals or welfare of the residents of the City; and
WHEREAS, on March 3, 1997, the City Council held a public hearing with respect to the
adoption of the Original Plan and the creation of the West Side Urban Renewal
District and the public was given an opportunity to be heard at such public
hearing; and
WHEREAS, on March 17, 1997 the City Council of the City acting in its capacity as an Urban
Renewal Agency adopted Ordinance No. 1259, approving the Original Plan and
the creation of the West Side Urban Renewal District in Resolution No. 4309 and
Ordinance No. 1259; and
WHEREAS, the West Side Urban Renewal District was created in conformance with and
pursuant to the powers granted to the City under the provisions of Montana Code
Annotated Title 7, Chapter 14, Part 24, as amended (the "Urban Renewal Act");
and
WHEREAS, the City has continuously been administering the West Side Urban Renewal
District in compliance with the terms of the Urban Renewal Act and Montana law
since the creation of the West Side Urban Renewal District on March 17, 1997;
and
WHEREAS, pursuant to City Ordinance No. 1347, on February 7, 2000, the City amended
Ordinance No. 1259 to modify the Original Plan and approve certain
infrastructure projects as urban renewal projects; and
WHEREAS, the Original Plan adopted a strategy to be followed preparing for redevelopment
in the West Side Urban Renewal District; and
WHEREAS, the Original Plan contained goals necessary for the implementation of the strategy
that have been met as well as goals of the Original Plan that have not been met;
and
WHEREAS, in 2011, the Planning Staff conducted an extensive review of the Original Plan,
including, mailings to property owners in and around the West Side Urban
Renewal District, public meetings, and soliciting input from residents and
businesses in the City, including those in and around the West Side Urban
Renewal District, in order to identify if the conditions detailed in the Original
Plan are still present in the West Side Urban Renewal District; and
WHEREAS, Planning Staff prepared an amendment to the Original Plan (the "Plan
Amendment" and together with the Original Plan, the "Plan") in staff report
KRD-11-1-A that details findings regarding the blighted conditions that continue
to exist in and around the boundaries of the West Side Urban Renewal District;
and
WHEREAS, the real property commonly known as the Gateway Theater Property, located
within the West Side Urban Renewal District at 1275 US-2 West, Kalispell, MT
59901 contains a vacant disused theater building of block construction in disrepair
and built largely upon the flood plain, that is a blighted condition within the
definition of the Montana Urban Renewal Act; and
WHEREAS, rehabilitation and redevelopment or a combination thereof, of the Gateway
Theater Property is necessary in the interest of public health, safety and welfare of
the residents of the City; and
WHEREAS, a proposed project to accomplish the removal of the blight specific to the
Gateway Theater Property is the acquisition of the subject property by the City
and/or Flathead County for the purpose of demolishing the existing structures and
placing the public infrastructure of a parking lot and maintained green space upon
the property; and
WHEREAS, the Kalispell Urban Renewal Agency has reviewed and considered the Gateway
Theater Property Project and has recommended to the Kalispell City Council that
the project be placed in the West Side Urban Renewal Plan; and
WHEREAS, the Kalispell City Council hereby finds that the proposed project meets the criteria
of the Montana Urban Renewal Act and the policy delineated in the West Side
Urban Renewal Plan and that it is therefore appropriate and in the best interests of
the residents of the City to include such project in the Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The proposed project, having been duly reviewed and
considered is hereby approved and included as an approved
project within the West Side Urban Renewal Plan.
SECTION II. Unless specifically amended by this Ordinance, the provisions
of Ordinance No. 1259 and 1347 are hereby confirmed and
remain in full force and effect and are reaffirmed. Such
provisions are also found to apply to the expanded boundaries
of the West Side Urban Renewal District.
SECTION III. This Ordinance is to be posted as required by law and copies
made available to the public upon request. This Ordinance
shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF 2011.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk