04. Resolution 5052 - Resolution Finding that Blight Exists - BNSF TIF DistrictCharles A. Harball
City Attome
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, M'I` 59903-1997
MEMORANDUM
To: Mayor Pamela B. Kennedy
and Kalispell. City Council
ROM: Charles Har all, City Attorney
James H. Patrick, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT. Resolution No. 5052 — Resolution Finding Blight Exists i
We st sid.e BNSF area of Urban Renewal District
MEETING DATE: Tuesday, September 6, 2005 --- Regular Meeting;
BACKGROUND: The Council and staff have had a couple of workshops to discuss
that area within the Urban Renewal District that is north of the railroad tracks to
Meridian and roughly from Main street to seventh Avenue West, Council
expressed concern about the apparent blight that still exists within the District and
directed staff to make a further. examination of the situation. With this direction
stall~ studied the area and is of the opinion that significant blight continues to exist.
Resolution Now 5052 is being offered. to Council to consider making the finding that
blight exists in this location. This resolution and finding y Council does not create
a TF district, but it is required to be made before Council can go forward and
discuss the creation of such a district.
RECOMMENDATION: That Council consider and pass Resolution No. 5052
finding that blight exists in this particular area of the urban renewal district.
FISCAL EFFECTS: None at this time.
Respectfully submitted,
t
Charles Har al.l, City Attorney jai es H, Patrick, City Manager
RESOLUTION No. 5052
A RESOLUTION FINDING THAT BLIGHTED AREAS EXIST IN THE CITY of
KALISPELL AND THAT REHABILITATION, E V LOPMENT, OR A
COMBINATION THEREOF of SUCH AREAS IS NECESSARY IN THE INTEREST
F THE PUBLIC HEALTH, SAFETY, MORALS OR. WELFARE of THE RESIDENTS
OF THE CITY O,AI.. KALISPELL.
WHEREAS., The State of Montana has provided for the redevelopment of those portions of its
cities which constitute a menace to public health and safety, constitute an
economic and social liability and substantially impair the sound growth of a
municipality; and
WHEREAS, the procedure provided in Title 7, Chapter 15, part 42 and 43 of Montana Codes
Annotated authorizes municipalities to exercise statutory urban renewal powers
for redevelopment and rehabilitation through urban renewal plans and projects,
after the municipality has made a finding that a blighted area exists that
substantially impairs or arrest the sound growth of the city or its environs; retards
the provision of housing accommodations; constitutes in economic or social
liability; and
WHEREAS, the Community Development Department staff and building officials, employed
by the City of Kalispell, have evaluated and documented the social, fiscal and
physical aspects of the Kalispell Central Business District and adjacent areas to
the west and north of the Central Business District; and
WHEREAS, this study of land uses, ownership, building conditions and demographics was
conducted and reviewed by staff employed by the City of Kalispell on the basis of
an examination of the building; standards adopted by the City of Kalispell; and
WHEREAS, several indicators of deteriorated conditions and blight were found in the study
area; and
WHEREAS, more than fifty y percent of the area meets the definition of inappropriate or
mixed uses of land or buildings and found to be in less than standard condition;
and
WHEREAS, therc exists defective or inadequate street layout, particularly for streets adjacent
to Center Street and the BNSF railroad tracks where the configuration of the
streets causes traffic circulation problems and many streets in the study area are in
less than GOOD condition; and
WHER.,AS, there are inadequate sidewalks and curb and gutters in the area; and
WHEREAS, many of the sewer and grater Hires in the study area creed to be replaced; and
WH SAS, demographic studies indicate there exists a significant amount of low -moderate
income persons residing in the area; and
WHEREAS, the studies of land use, building conditions, ownership, parking and
transportation, indicate a relationship of factors contributing ting to the blighting
conditions which exist in the area; are
WHEREAS, the studies, reports and findings referred to herein, are available for public review
at the offices of the City of Kalispell; and
WHEREAS, it is the desire of the City of Kalispell to exercise the powers conferred by the
Montana Urban Renewal Later; and
WHEREAS, the Montana. Urban Renewal Law states that no municipality may exercise any of
the powers conferred therein until after its local governing body shall have
adopted a Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That one or more blighted areas exist in the City of Kalispell.
SECTION 11. That the rehabilitation', redevelopment, ent, or a combination thereof,
of such area or areas is necessary in the interest of the public
health, safety, morals, and welfare of the residents of the City of
Kalispell.
SECTION 111. This Resolution shall become effective immediately upon its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR.. OF
THE CITY of KA ISPEL , THIS 6TH DAY OF.SEPTEMBER, 2005.
Pamela B. Kennedy
Mayor
AS:
Theresa White
City Clergy.