1. Board AppointmentsOEM
TO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager X
DATE: November 25, 2013
SUBJECT: Discussion on matters related to municipal boards and municipal representation to
other boards
At a previous meeting, council requested a work session to discuss the practice and procedure of
board appointments and confirmations, the respective representation of members sitting on
advisory boards, and other matters related to these boards and the respective appointments.
Attached to this memo is a summary and legislative authority for the respective boards, including
the manner of appointments.
The recommended action for this work session is to discuss these matters and provide respective
direction, if necessary.
www.kalispell_com
SUMMARY
CITY/COUNTY ADVISORY BOARDS & COMMISSIONS
➢ BOARD OF ADJUSTMENT
Members must be residents of the City of Kalispell
Three Year Terms
Meets the first Tuesday of each month
➢ ARCHITECTURAL REVIEW COMMITTEE
Members must be residents of the City of Kalispell
Appointments ongoing until resignation
Meets the second and fourth Tuesday of each month
➢ BUSINESS IMPROVEMENT DISTRICT — DOWNTOWN
Members must be property owners within the district or appointed as his/her representative
Four Year Terms
Meets each month or as necessary
➢ BUSINESS IMPROVEMENT DISTRICT — TOURISM
Members must be owner of hotel within the district or appointed as his/her representative
Four Year Terms
Meets each month or as necessary
➢ CITY -COUNTY BOARD OF HEALTH
Per Interlocal Agreement — The Mayor of the City of Kalispell, or his/her representative
Three Year Terms
Meets the Third Thursday of each month
➢ CONRAD MANSION MUSEUM BOARD OF DIRECTORS
City appointed members must be City property owners or residents of the City of Kalispell
Four Year Terms
Meets the third Tuesday of each month
➢ ECONOMIC DEVELOPMENT REVOLVING LOAN COMMITTEE
No residency requirements
Three Year Terms
Meets each month or as necessary
➢ FLATHEAD EMERGENCY COMMUNICATIONS CENTER (911) BOARD
City member shall be an elected official with an alternate that is another city official
Meets the second Wednesday of each month
➢ IMPACT FEE COMMITTEE
Members must be either property owners, residents, or actively engaged in business or
employment within the Kalispell city limits - *One member must be a CPA
Three Year Terms
➢ PARKING ADVISORY BOARD
Members must be electors of the city or own real property within the parking district
Four Year Terms
Meets the third Thursday of each month
➢ PLANNING BOARD
Members must be city residents (county member excluded) — *One member must be a sitting
Council member
Two Year Terms
Meets the second Tuesday of each month
➢ POLICE ADVISORY BOARD
Members must be city residents or own real property within city limits
Three Year Terms
Meets as necessary
➢ SOLID WASTE DISTRICT BOARD OF DIRECTORS (FLATHEAD COUNTY)
City nomination for commissioner appointment must be resident of the city
Three year Terms
Meets the fourth Tuesday of each month
➢ STREET TREE COMMISSION
Members must resident with Growth Policy area
Four Year Terms
Meets the second Tuesday of each month (no meetings in June, July, and August)
➢ TECHNICAL ADVISORY COMMITTEE
City appointees must be city residents
Two Year Terms
2-3 Duties of Mayor.
Page 1 of 1
Kalispell Municipal Code
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UP Previous I_ _N
Chapter 2 ADMINISTRATION
Article 1 ELECTED OFFICIALS
2 3 Duties of Mayor.
Main 1..
The Mayor shall:
A. Preside at all City Council meetings;
B. Appoint, with the consent of the City Council, all members of advisory boards and commissions;
C. Execute all ordinances and resolutions on behalf of the City after Council approval;
D. Perform ceremonial functions as Mayor of the City of Kalispell;
E. Perform any other duties specifically designated by ordinance or resolution.
Except for the above, the Mayor shall have no other executive or administrative duties, those being the
responsibility of the City Manager. (Ord. 1398, 9-17-2001; amd. Ord. 1680, 10-18-2010)
http://gcode.us/codes/kalispell/view.php?topic=2-1-2_3 &frames=on 11 /20/2013
Kalispell.Com - City of Kalispell - Mayor and City Council - Boards... http://www.kalispell.cony/mayor_and_city_council/board_Of adjustor...
Board of Adjustment
Current Members Term Ends
Stephanie Baca 4/30/2015
Rob Heinecke 4/30/2014
Bob Vine 4/30/2016
Clint Cathcart 4/30/2014
VACANT 4/30/2014
Creation
Zoning Ordinance, Chapter 27.30, Board of Adjustment and Montana
Code Annotated, 76-2-321, Board of Adjustment.
Purpose
The Board of Adjustment may, in appropriate cases and subject to
appropriate conditions and safeguards, make special exceptions to the
terms of the ordinance in harmony with its general purposes and intent
and in accordance with the general or specific rules therein contained.
• To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an
administrative official in the enforcement of this zoning ordinance
or of any ordinance adopted pursuant thereto.
• To hear and decide special exceptions to the terms of the
ordinance upon which such board is required to pass under such
ordinance.
• To authorize, upon appeal in specific cases, such variance from
the terms of the ordinance as will not becontraryto the public
interest, where, owing to special conditions, a literal enforcement
of the provision of the ordinance would result in unnecessary
hardship, and so that the spirit of the ordinance shall be observed
and substantial justice done.
Membership
The Board of Adjustment shall consist of five members. Any vacancy
shall be for the unexpired term of the retired member. All the members
of the board shall serve without compensation and any member may be
removed for cause by the Mayor, subject to the approval of the City
Council, upon written charges made and after a public hearing thereon.
Term
Three-year terms to be staggered.
Residency Requirements
Members must be residents of the City of Kalispell.
For More Information
Contact the Planning department.
1 of 1 11/19/2013 3:07 PM
Board of Adjustment 129
Sections:
27.30.010: Creation. There is hereby created the "Board of Adjustment" for the City of Kalispell in
accordance to 76-2-321, MCA.
27.30.020: Membership. The membership of the Board of Adjustment shall consist of five members
having terms and qualifications as set forth by 76-2-322, MCA_ The members shall serve
without compensation.
27.30.030: Powers and Duties. The Board of Adjustment shall have authority to:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of
this part or of any ordinance adopted pursuant thereto; and
(2) Authorize upon appeal in specific cases such variance from the terms of the
ordinance as will not be contrary to the public interest, where, owing to special
conditions, a literal enforcement of the provisions of the ordinance will result in
unnecessary hardship and so that the spirit of the ordinance shall be observed and
substantial justice done.
27.30.040: Limitations of Power. The Board of Adjustment shall not by either variance or appeal
process make any change in the uses categorically permitted in any zoning classification or
zoning district; or amend the zoning text or map.
27.30.050: Meeting Procedures.
(1) Meetings of the board shall be held at least once a month; provided, there is
business to transact and at such other times as the chairman of the board may
determine.
(2) All regular board meetings shall be open to the public.
(3) The board shall adopt its own rules of procedure and keep minutes of its
proceedings, findings and action in each case and the vote of each member present
on each question considered in the proceedings, unless a member disqualifies
himself.
Board of Adjustment - 130
(4) The presence of four members shall be necessary to constitute a quorum.
(5) Four affirmative votes shall be necessary for granting a variance or appeal.
(6) No proxy vote is permissible.
76-2-321. Board of adjustment.
Page 1 of 1
Pre, onus Sectior; MCA Contervs Part Contents Search Help Next S,J'ecti{fin
76-2-321. Board of adjustment. (1) A city or town council or other legislative
body may provide for the appointment of a board of adjustment and in the regulations
and restrictions adopted pursuant to the authority of this part may provide that the
board of adjustment may, in appropriate cases and subject to appropriate conditions and
safeguards, make special exceptions to the terms of the ordinance in harmony with its
general purposes and intent and in accordance with the general or specific rules
contained in the ordinance.
(2) An ordinance adopted pursuant to this section providing for a board of
adjustment may restrict the authority of the board and provide that the city or town
council or other legislative body reserves to itself the power to make certain exceptions
to regulations, ordinances, or land use plans adopted pursuant to this part.
(3) The board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to this part. Meetings of the board must be held at the call of the
presiding officer and at other times that the board may determine. The presiding officer
or in the presiding officer's absence the acting presiding officer may administer oaths
and compel the attendance of witnesses.
History: En. Sec. 7, Ch. 136, L. 1929; re -en. Sec. 5305.7, R.C.M. 1935; amd. Sec. 1, Ch. 13, L.
1975; R.C.M. 1947, 11-2707(part); amd. Sec. 2515, Ch. 56, L. 2009.
Provided by Montana Legislative ,services
http://Ieg.mt.gov/bills/mca/76/2/76-2-321.htm 11 /19/2013
Kalispell.Com - City of Kalispell - Mayor and City Council - Boards..
http://www.kalispell.corrVma yor_and_city_council/archi tectural_rev.,
Architectural Review Committee
Current Members
Term Ends
Bill Goodman
On -Going until Resignation
Janet Clark
On -Going until Resignation
Julia Pierrottet
On -Going until Resignation
Russell Skelton
On -Going until Resignation
Mark Norley
On -Going until Resignation
John Hinchey
On -Going until Resignation
David Koel
On -Going until Resignation
Archived board meeting minutes can viewed here.
Creation
Kalispell Municipal Code, Section 27.21.020, Architectural Review.
Purpose
Encourage originality, flexibility and innovation in site planning and
development, including the architecture, landscaping and graphic design
of said development; discourage monotonous, drab, unsightly, dreary
and inharmonious development; conserve the Redevelopment Area's
natural beauty and visual character and charm by insuring that
structures, signs and other improvements are properly related to their
sites, and to surrounding sites and structures, with due regard to the
aesthetic qualities of the natural terrain and landscaping, and that
proper attention is given to exterior appearances of structures, signs,
and other improvements; protect and enhance the city's appeal to
tourists and visitors and thus support and stimulate business and
industry and promote the desirability of investment and occupancy in
business, commercial and industrial properties, etc.
Membership
The Architectural Review Committee shall consist of at least five
persons of the following qualifications: One individual specially qualified
by reason of education, training or experience in the financing of
commercial real property; two individuals actively engaged in business,
commerce or industry; and two individuals who shall either be
architects, landscape architects, or specially qualified by reason of
education, training or experience in the area of graphic or allied arts.
Term
Appointments are ongoing until resignation.
Residency Requirements
Whenever possible, the Mayor shall appoint individuals who are either
property owners, residents or actively engaged in business or
employment in the Redevelopment Area of the City of Kalispell.
For More Information
Contact the Planning department.
1 of 1 11/19/2013 3:10 PM
Architectural Review - 72
(e) Stabilize and improve property values and prevent blighted areas and, thus,
increase tax revenues;
(f) Achieve the beneficial influence of pleasant environments for living and
working on behavioral patterns, and thus decrease the cost of governmental
services;
(g) Foster civil pride and community spirit so as to improve the quality and
quantity or citizen participation in local government and in community
growth, change and improvement; and
(h) Sustain the comfort, health, tranquility and contentment of residents by
reason of the city's favorable environment, and thus to promote and protect
the peace; health and welfare of the city.
27.21.020: Architectural Review Committee.
(1) The mayor, with the approval of the council, shall appoint an Architectural Review
Committee (ARC) of at least five persons, each with one or more of the following
qualifications: special education, training or experience in the financing of
commercial real property, architecture, or landscape architecture; active
engagement in business, commerce or industry; and/or education, training or
experience in the area of graphic or allied arts. Whenever possible, the mayor shall
appoint individuals who are either property owners, residents or actively engaged
in business or employment in the city.
(2) The members shall serve at the pleasure of the mayor. The mayor, with approval of
the council, may remove any member of the ARC after hearing, for misconduct or
non-performance of duty. Any vacancies of the ARC shall be appointees of the
mayor with the approval of the council_
(3) The ARC may adopt and amend rules to govern the conduct of its business
including, but not limited to: Officers, quorum, voting, schedule of meetings and
records.
27.21.030: Jurisdiction and Powers of the ARC.
(1) Except for single family and duplex dwellings, no building permit shall be issued
for a new building or major remodeling of an existing building, and no sign permit
shall be issued for the construction or alteration of a sign, until the plans, drawings,
sketches and other documents required under Section 27.21.050 have been
reviewed and approved by the ARC in conformity with the criteria specified in
Section 27.21.040. Wall signs and groupings of wall signs less than 50 square feet
in area are exempt from ARC review. For purposes of this ordinance, the term
"major remodeling" shall mean any remodeling that substantially changes the
exterior appearance of the building.
Architectural Review - 73
(2) Construction, site development and landscaping, signing and graphics shall be
carried out in the substantial accord with the plans, drawings, sketches and other
documents approved by the ARC, unless altered with the ARC's approval. Nothing
in this section shall be construed to prevent ordinary repair, maintenance and
replacement of any part of the -building or landscaping which does not involve a
substantial change from the goals and objectives of section 27.21.010.
27.21.040: Criteria and Standards.
(1) The following standards shall be utilized by the ARC in reviewing the plans,
drawings, sketches and other documents required under section 27.21.050. These
standards are intended to provide a frame of reference for the applicant in the
development of site and building plans as well as a method of review for the ARC.
These standards shall not be regarded as inflexible requirements. They are not
intended to discourage creativity, invention and innovation. The specifications on
one or more particular architectural style are not included in these standards.
(a) City of Kalispell, Montana, Architectural Design Standards: The project
should be designed to follow the architectural design standards.
(b) Relation of proposed buildings to environment: Proposed structures shall be
related harmoniously to the terrain and to existing buildings in the vicinity
that have a visual relationship to the proposed buildings. The achievement
of such relationship may include the enclosure of space in conjunction with
other existing buildings or other proposed buildings and the creation of
focal points with respect to avenues of approach, terrain features or other
buildings.
(c) Advertising features: The size, location, design, color, texture, lighting and
materials of all exterior signs and outdoor advertising structures or features
shall not detract from the design of proposed buildings and structures and
the surrounding properties.
(d) Special features: Exposed storage areas, exposed machinery installations,
service areas, truck loading areas, utility buildings and structures and
similar accessory areas and structures shall be subject to such setback,
screen plantings or other screening methods as shall reasonably be required
to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
(e) Application of design standards: The standards of review outlined in this
section also apply to all accessory buildings, structures, exterior signs and
other site features, however related to the major buildings or structures.
(2) The ARC shall also be guided by the objectives of section 27.21.010, and such
objectives shall serve as additional criteria and standards.
Architectural Review - 74
27.21.050: Procedure.
(1) Submission of documents. A prospective applicant for a building or other permit,
who is subject to site design review, shall submit to the planning department the
following:
(a) A site plan, drawn to scale, showing the proposed layout of all structures
and other improvements including, where appropriate, driveways,
pedestrian walks, landscaped areas, fences, walls, off-street parking and
loading areas, and railroad tracks. The site plan shall indicate the location of
entrances and exits and the direction of traffic flow into and out of off-street
parking and loading areas, the location of each parking space and each
loading berth and areas of turning and maneuvering vehicles.
(b) A landscape plan, drawn to scale, showing the location of existing trees
proposed to be removed and to be retained on the site, the location and
design of landscaped areas, the varieties and sizes of trees and plant
materials to be planted on the site, other pertinent landscape features, and
iirigation systems required to maintain trees and plant materials.
(c) Architectural drawings or sketches, drawn to scale, including floor plans, in
sufficient detail to permit computation of yard requirements and showing all
elevations of the proposed structures and other improvements as they will
appear on completion of construction.
(d) Specifications as to type, color and texture of exterior surfaces of proposed
structures.
(e) Specifications for each exterior light fixture.
(f) A sign plan, drawn to scale, showing the location, size, design, material,
color and methods of illumination of all exterior signs.
(2) The ARC shall make a decision in a timely manner pursuant to their rules and
schedule. An applicant may appeal a decision to the City Council. The appeal shall
be filed in writing to the city manager within 30 days after the ARC has rendered
its decision at the scheduled meeting.
Kalispell. ,om - City of Kalispell - Mayor and City Council - Busines... http://www.kalispell.corWmayor_and_city_council/business_improv...
Business Improvement District Board -
Downtown
Archived board meeting minutes can be viewed here.
Current Members
Term Ends
Melanie Cross
4/30/2015
Janet Clark
4/30/2017
Margaret Lekander
4/30/2015
John Fetveit
4/30/2016
Pam Mower
4/30/2014
Debbie Snyder
4/30/2017
Tim Price
4/30/2016
Creation
Resolution 4797 and Ordinance 1468.
Purpose
MCA 7-12-1102 describes the purpose of a business improvement
district (BID) "to serve a public use by promoting the health, safety,
prosperity, security, and general welfare of the inhabitants thereof and
of the people of this state; and to be of special benefit to the property
within the boundaries of the district created." The appointed Board of
Directors of the BID serve as the executive body to express the policy of
the BID and to direct the administrative staff that may be hired to
handle the day to day functions of the BID.
Membership
The board shall be composed of seven owners of property within the
district or their designated agent.
Term
Four-year terms to be staggered.
Residency Requirements
Members must own real property within the district.
For More Information
Contact Janet Clark at (406) 755-8100.
1 of 1 11/19/2013 3:11 PM
0 )jai
RESOLUTION NO.4797
global Duval t4ki
WHEREAS, pursuant to Title 7 Chapter 12 Part 11 of Montana Code Annotated, the City of
Kalispell is authorized to create business improvement districts; and
WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than
60% of the area of the property to be included in the district, the exterior boundaries
of which are shown on the attached Exhibit "A" and which by this reference is made
a part hereof; and
WHEREAS, the aforementioned petition requests that the City of Kalispell create a business
improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA;
and
WHEREAS, the purpose of said business improvement district appears to promote the health,
safety, prosperity, security and general welfare of the inhabitants of the City of
Kalispell and the proposed district, and appears to be of special benefit to the
property within the boundaries of said proposed district as shown on the attached
Exhibit "A"; and
WHEREAS, on May 19, 2003 the Kalispell City Council issued Resolution 4792 declaring its
intent to create a business improvement district for the city of Kalispell, Montana, to
fix a date of a public hearing for June 16, 2003, and to provide for publication of
notice of said hearing; and
WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as
provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of
real property within the proposed district listed on the last completed assessment roll
for state, county, and school district taxes, at the owner's last -known address, on the
same day the notice was first published or posted; and
WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required
by MCA 7-12-1113, the office of City Clerk did receive a number of written
protests, although not in sufficient numbers to bar proceedings as allowed by MCA
7-12-1114 and said protests being duly considered and passed upon at a public
hearing held June, 16, 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUINCIL OF THE CITY OF
KALISPELL. AS FOLLOWS:
SECTION I. That the Kalispell City Council shall and does hereby create a business
improvement district pursuant to Title 7 Chapter 12 Part 11, Montana Code
Annotated the tern of which shall be ten (10) years and which shall be
known as the "Kalispell Downtown Business Improvement District."
SECTION 11. Said business improvement district shall have boundaries as shown on the
attached Exhibit "A" which by this reference is made a part hereof; provided,
however, that all property classified as a commercial improvement within the
district will be included in the district. All publicly owned property and
owner -occupied single family residential property within the district are
specifically excluded from the business improvement district and are exempt
from its assessments,
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 16th DAY OF B ML 003,
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EXHIBIT "A"
Legal Description
Downtown Kalispell Proposed Business Improvement District
Commencing at the intersection of Main and Center Street which is the True Point of Beginning;
thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly
extension line of the west boundary of Lot 2, Phase 1 of Kalispell Market Place; thence northerly to
the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to
the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the
northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the
southeast corner of said Lot 2; thence continuing southerly on 2nd Avenue East to an easterly
extension line of Lot 1 of Block 37, Kalispell Original.; thence westerly to the southeast corner of
said Lot 1; thence continuing westerly along the southerly boundary of said Lot I to the centerline
of the alley in of said Block 37; thence southerly through the alley to I" Street East; thence
continuing southerly through the alley between Linderman School and. Block 44 of Kalispell
Original; thence continuing southerly through the alley of Blocks 57 and 64 of Kalispell Original to
4th Street East; thence continuing southerly through the alley of Block 77 to an easterly extension
line of Lot 17 of Block 77, Kalispell Original; thence westerly along the southern boundary of said
Lot 17 and crossing 1st Ave East to the southeast comer of Lot 2 of Block 76, Kalispell Original;
thence continuing westerly along the southern boundary of said Lot 2 to the alley in said Block 76;
thence southerly through the alley to an easterly extension line of Lot 20 of Block 76; thence
westerly along the southern boundary of said Lot 20 and to the centerline of Main Street; thence
northerly along Main Street to the intersection of 4`h Street; thence westerly along the centerline of
4th Street East to a southerly extension of the alley of Block 67 of Kalispell Original; thence
northerly through said alley to the centerline of 3d Street West; thence easterly along 3'd Street
West to the centerline of I" Avenue West; thence northerly along I" Avenue West to an easterly
extension line of the southern boundary of Lot 7 of Block 54, Kalispell Original; thence westerly
along the southern- boundary_ of said Lot _7-to-the alley; thence northerly through the alley, crossing
2`t Street West and continuing northerly through the alley of Block 47 of Kalispell Original, to an
easterly extension line of the southern boundary of Lot 18 of Block 47; thence westerly along the
southern boundary of said Lot, 18 to the centerline of 2nd Avenue West; thence northerly along 2'd
Avenue West crossing Vt Street West, to a westerly extension line of the southern boundary of
Amended Lot 17 of Block 34, Kalispell Original; thence easterly along the southern boundary of
said Amended Lot 17 to the alley; thence northerly along the alley to the centerline of West Center
Street; thence easterly to the intersection of West Center Street and Main Street to the True Point of
Beginning. The area proposed for the Downtown Business Improvement District encompasses
approximately 42.4 acres.
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STATE OF MONTANA
County of Flathead
RECORDED AT THE REQU ST OF
THIS _ , DAY OF 20 G AT O'CLOCK AND
RECORDED IN THE RECORDS OF FLiHEAD COUNTY, STATE OF MONTANA.
FEE
RECEPTION NO. `�Q�`1i3 �'`ZeD (FlaThea�C..ty
Jerk and Recorder)
KETURN TO
YZLIA" 1C119 .c —/�1 '7�-- G t2/?A (Deputy Clerk)
AN ORDINANCE ESTABLISHINGTHE OF ,
DOWNTOWN ,:'i DISTRICT, AUTHOR
DATE.ATTORNEY TO CODIFY THIS ORDINANCE AND DECLARING AN EFFECTIVII
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTAIA,
AS FOLLOWS:
SECTION 1. The Kalispell Downtown Business Improvement District created by
Resolution on June 16, 2003, pursuant to Title 7 Chapter 12 Part 11, shall have a term of
ten (10) years.
SECTION 2. The exterior boundaries of the District are described as follows:
Commencing at the intersection of Main and Center Street which is the True Point
of Beginning; thence easterly along the centerline of East Center Street, 616 feet,
more or less, to a southerly extension line of the west boundary of Lot 2, Phase
1 of Kalispell Market Place; thence northerly to the southwest corner of said Lot 2;
thence continuing northerly along the west boundary of Lot 2 to the northwest
corner of said Lot 2; thence easterly along the northern boundary of and to the
northeast corner of said Lot 2; thence southerly along the easterly boundary of
said Lot 2 to the southeast corner of said Lot 2; thence continuing southerly on 2"d
Avenue East to an easterly extension line of Lot 1 of Block 37, Kalispell Original;
thence westerly to the southeast corner of said Lot l; thence continuing westerly
along the southerly boundary of said Lot 1 to the centerline of the alley in of said
Block 37; thence southerly through the alley to lst Street East; thence continuing
southerly through the alley between Linderman -School and Block 44 of Kalispell
Original; thence continuing southerly through the alley of Blocks 57 and 64 of
Kalispell Original to 4tn Street East; thence continuing southerly through the alley
of Block 77 to an easterly extension line of Lot 17 of Block 77, Kalispell
Original; thence westerly along the southern boundary of said Lot 17 and crossing
lst Ave East to the southeast corner of Lot 2 of Block 76, Kalispell Original;
thence continuing westerly along the southern boundary of said Lot 2 to the alley
in said Block 76; thence southerly through the alley to an easterly extension line
of Lot 20 of Block 76; thence westerly along the southern boundary of said Lot 20
and to the centerline of Main Street; thence northerly along Main Street to the
intersection of 4th Street; thence westerly along the centerline of 4th Street East to
a southerly extension of the alley of Block 67 of Kalispell Original; thence
northerly through said alley to the centerline of 3�d Street West; thence easterly
along 3Td Street West to the centerline of 1st Avenue West; thence northerly along
1st Avenue West to an easterly extension line of the southern boundary of Lot 7 of
Block 54, Kalispell Original; thence westerly along the southern boundary of said
Lot 7 to the alley; thence northerly through the alley, crossing 2"d Street West and
continuing northerly through the alley of Block 47 of Kalispell Original, to an
easterly extension line of the southern boundary of Lot 18 of Block 47; thence
westerly along the southern boundary of said. Lot 18 to the centerline of 2nd
Avenue West; thence northerly along 2nd Avenue West crossing 1st Street West, to
a westerly extension line of the southern boundary of Amended Lot 17 of Bloch
34, Kalispell Original; thence easterly along the southern boundary of said
Amended Lot 17 to the alley; thence northerly along the alley to the centerline of
West Center Street; thence easterly to the intersection of West Center Street and
Main Street to the True Point of Beginning. The area of the Kalispell Downtown
Business Improvement District encompasses approximately 42.4 acres.
SECTION 3. Board of trustees -- appointment -- number --'term of office. (1) The
Mayor, with the approval of the City Council, shall appoint seven owners of property
within the district to comprise the board of trustees of the district.
(2) The number of members of the board, once established, may be increased to
up to seven members from time to time by subsequent resolutions of the City Council of
the local government. A resolution to reduce board membership may not require
resignation of any member prior to completion of his appointed term.
(3) Three of the members who are first appointed must be designated to serve for
terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must
be designated to serve for terms of 4 years from the date of their appointments. For a
seven -member commission, there must be two additional appointments for terms of 2
years and 3 years, respectively.
(4) After initial appointment, members must be appointed for a term of office of 4
years, except that a vacancy occurring during a term must be filled for the unexpired
term. A member shall hold office until his successor has been appointed and qualified.
SECTION 4. Organization of board of trustees -- no compensation. (1) The City
Council shall designate which member of the board is to be the first chairman. When the
office of chairman of the board becomes vacant thereafter, the board shall elect a
chairman from among its members. The terra of office as chairman of the board, unless
otherwise prescribed by the City Council, must be for 1 calendar year or for that portion.
thereof remaining after each chairman is designated or elected.
(2)Members may receive no compensation.
SECTION 5. .Removal of board member. A member of a board of trustees may be
removed by the Mayor with the consent of the City Council.
SECTION 6. Powers of board in administering district. The board in administering the.
business improvement district has all powers necessary to carry out the functions of the
district contained in this ordinance creating it, including the power to:
(1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its
purposes;
(2) provide special police, maintenance, or cleaning personnel for the protection and
enjoyment of the general public using the business district;
(3) landscape and beautify public areas and to maintain those areas;
(4) contract with the City Council to maintain, operate, or repair public parking facilities;
(5) contract with the City Council to maintain streets, alleys, malls, bridges, ramps,
tunnels, landscaping, and other public facilities as mutually agreed upon;
(6) promote private investment and business expansion in the district;
(7) provide for the management and administration of the affairs of the district;
(8) promote business activity by advertising, decorating, marketing, and promoting and
managing events and other actions designed for the general promotion of business
activities in the district; and
(9) perform such other functions as are necessary to carry out the purposes of this part
and to further the objectives of the district.
SECTION 7. Annual budget and work plan -- approval -- procedure -- tax. (1) At a time
determined by the City Council, the board shall submit to the City Council for approval a
work plan and budget for the ensuing fiscal year.
(2) Following public notice that a work plan and budget have been submitted and
that the City Council will levy an assessment to defray the cost of the work plan and
budget, the City Council shall hold a public hearing on objections to the work plan and
budget. After the hearing, the City Council may modify the work plan and budget as it
considers necessary and appropriate,
(3) After approval of the work plan and budget and to defray the cost thereof for
the next fiscal year, the City Council shall by resolution levy an assessment upon all of
the property in the district using as a basis one of the methods prescribed in MCA 7-12-
1133.
(4) A copy of the resolution shall be delivered to the treasurer of Flathead County
to be placed on the tax roll and collected in the same manner as other taxes.
SECTION 8. Assessment of costs -- area, lot, taxable valuation, and square footage
options. (1) At the same time the board submits the annual budget and work plan to the
City Council as provided in MCA 7-12-1132, the board shall also recommend to the City
Council a method of levying an assessment on the property within the district which will
best ensure that the assessment on each lot or parcel is equitable in proportion to the
benefits to be received.
(2) The City Council shall annually assess the entire cost of the district against the
entire district using a method which best ensures that the assessment on each lot or parcel
is equitable in proportion to the benefits to be received. In determining the method of
assessment to be used, the City Council shall consider the recommendations of the board.
The City Council shall levy the assessment using one of the following methods:
- (a) each lot or parcel of land within such district may be assessed for that part of
the whole cost which its area bears to the area of the entire district, exclusive of streets,
avenues, alleys, and public places,
(b) if the City Council determines that the benefits derived by each lot or parcel
are substantially equivalent, the cost may be assessed equally to each lot or parcel located
within the district without regard to the area of the lot or parcel;
(c) each lot or parcel of land, including the improvements thereon, may be
assessed for that part of the whole cost of the district which its taxable valuation bears to
the total taxable valuation of the property of the district;
(d) each building may be assessed for that part of the whole cost of the district
that the occupied or income -producing area of the building above the first floor bears to
the area of the entire district; or
(e) by using any combination of the assessment options provided in subsections
(2)(a) through (2)(d).
(3) If a district is expanded, the land within the expanded area must be assessed as
provided for in subsection (2) for the duration of the district.
SECTION 9. City Council not to decrease public services. The City Council may not
decrease the level of public services in the district existing prior to the creation of the
district unless the services at the same time are decreased throughout the jurisdictional
area of the City Council, nor may it transfer the financial burden of providing those
services to the district. The City Council may not discriminate in the provision of
publicly funded services between areas included in such district and areas not so
included.
SECTION 10. Liability insurance rewired. The City Council may not approve the
annual budget or the work plan submitted to it by the board unless the annual budget and
the work plan provide for liability insurance coverage insuring the district, the board, and
the City against legal liability for personal injury and property damage in an amount
determined sufficient for that purpose by the City Council.
SECTION Il. Obligations of district not obligations of City. An obligation or debt of
any nature of the district is not an obligation or debt of the City, and in no event is a debt
or obligation of a district payable out of any funds or properties of the City. The debts
and obligations of a district are payable solely from the funds and properties of the
district.
SECTION 12. This Ordinance shall be effective thirty (30) days from and after the date
of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 2ND DAY OF SEPTEMBER, 2003.
Pamela B. Kenn y
Mayor
ATTEST:
Theresa White
City Clerk
Kali ,,pell.Com - City of Kalispell - Mayor and City Council - Busines... http://www.kalispell.com/mayor_and_city_council/business_improv...
Business Improvement District Board - Tourism
Meeting December 7, 2011 - Agenda
Archived board meeting minutes can be viewed here.
Current Members Term Ends
Chris Walters
4/30/2014
Lori Fisher
4/30/2016
Bryan Scott
4/30/2014
Angie Bowman
4/30/2016
Dan Moderie
4/30/2015
Gib Bissell
4/30/2013
Janet Clark
4/30/2013
Creation
Resolution 5425 and Ordinance 1675.
Purpose
MCA 7-12-1102 describes the purpose of said business improvement
district to "promote the health, safety, prosperity, security and general
welfare of the inhabitants of the City of Kalispell and the proposed
district". The appointed Board of Directors of the BID serve as the
executive body to express the policy of the BID and to direct the
administrative staff that may be hired to handle the day to day
functions of the BID.
Membership
- — The TBID, with confirmation by the City Council, shall appoint seven
owners of property within the district to comprise the board of trustees
of the district. Members must be appointed for a term of office of 4
years, except that a vacancy occurring during a term must be filled for
the unexpired term. A member shall hold office until his successor has
been appointed and qualified.
Term
Four-year terms to be staggered.
Residency Requirements
Members must own real property within the district.
For More Information
Contact Kalispell Chamber of Commerce at (406) 758-2800.
1 of 1 11/19/2013 3:12 PM
WHEREAS, pursuant to Title 7 Chapter 12 Part i 1 of Montana Code Annotated, the City of
Kalispell is authorized to create business improvement districts; and
WHEREAS, the City of Kalispell was presented with petitions signed by the owners of more than
60% of the area of the property to be included in the district composed of
noncontiguous areas that have the common purpose of providing overnight stays at
lodging facilities which properties are shown on the attached Exhibit "A" and which
by this reference is made a part hereof; and
WHEREAS, the aforementioned petition requests that the City of Kalispell create a business
improvement district for up to ten (10) years, pursuant to Section 7-12-1141 MCA;
and
WHEREAS, the purpose of said business improvement district appears to promote the health,
safety, prosperity, security and general welfare of the inhabitants of the City of
Kalispell and the proposed district, and appears to be of special benefit to the
property within the boundaries of said proposed district; and
WHEREAS, on March 22, 2010 the Kalispell City Council issued Resolution 5419 declaring its
intent to create a business improvement district for the City of Kalispell, Montana, to
fix a date of a public hearing for May 3, 2010, and to provide for publication of
notice of said hearing; and
WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as
provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of
real property within the proposed district listed on the last completed assessment roll
for state, county, and school district taxes, at the owner's last -known address, on the
same day the notice was first published or posted; and
WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required
by MCA 7-12-1113, the office of City Clerk received no written protests, and there
is therefore insufficient protest to bar proceedings as allowed by MCA 7-12-1114.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council shall and does hereby create a business
improvement district pursuant to Title 7 Chapter 12 Part 11, Montana Code
Annotated the term of which shall be ten (10) years and which shall be
known as the "Kalispell Tourism Business Improvement District."
SECTION H. Said business improvement district shall be those properties identified on the
attached Exhibit "A" which by this reference is made a part hereof as well as
any future lodging facility located within the corporate limits of the City of
Kalispell with five or more rooms providing overnight stays for transient
patrons as its business.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3rd DAY OF MAY, 2010.
Tammi Fisher
Mayor
ATTEST:
Judi Funk
Deputy City Clerk
EXHIBIT "A"
Legal Description
Kalispell Tourism Business Improvement District
The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate limits
of the City of Kalispell where a five or more room hotel is located and providing overnight stays as
a lodging facility for transient patrons as its business.
This description currently identifies all of the following lodging businesses located at the respective
described street addresses and within the respective described legal parcel.
Aero Inn,1830 Highway 93 South
(Bissell Revocable Trust)
Assessor No. 0112600
Lot IA of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision 73, in
Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Blue & White Motel, 640 East Idaho
(Blue & White Motel, Inc.)
Assessor No. 0084500
Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Comfort Inn,1330 Highway 2 West
(BHG Kalispell LLC)
- Assessor No. 0428680
A portion of Tract I in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana
Econo Lodge Inn & Suites, 1680 Highway 93 South
(Bullette Company of Michigan LLC)
Assessor No. 0703050
Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
Assessor No. 0971720
Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
(Johnson Properties LLC)
Assessor No. 0277026
Unit 2 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
Glacier Peaks Inn,1550 Highway 93 North
(Northwest Hospitality Inc.)
Assessor No. 0976349
Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana
Glacier Ridge Suites, 281 1st Avenue WN
(Camren Center LLC)
Assessor No. 0946500
Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North, Range
21 West, P.M.M., Flathead County, Montana
Hampton Inn ]Kalispell, 1140 Highway 2 West
(Spring Creek Development, LLC)
Assessor No. 0981479
Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter of
Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana
Hilltop Inn, 801 E Idaho Street
(Kalispell Hilltop LLC)
Assessor No. 0586900
Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter and
the Northeast Quarter of the _Southwest Quarter of Section 8, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Hilton Garden Inn,1845 Highway 93 South
(Kalispell Motel, LLC)
.Assessor No. 0586900
Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North half
of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana
Holiday Inn Express, 275 Treeline Road
(Big Sky HIE, LLC)
Assessor No. 0012481
Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North,
Range 22 West, P.M.M., Flathead County, Montana
Kalispell Grand Hotel, 100 Main Street
(CM Clark)
Assessor No. 0020900
Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Motel 6,1540 Highway 93 South
(M-Six Penvest 1 Business Trust)
Assessor No. 0599250
A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston
Addition in Section 17, Township 28 North., Range 21West, P.M.M., Flathead County, Montana
Outlaw Inn,1701 Highway 93 South
(Kalispell Hospitality Company, Inc.)
Assessor No. 0877530
Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Iced Lion Hotel, 20 North Main
(Red Lion Hotel Limited Partnership)
Assessor No. 0974450
Tracts SBA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the
Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Super 8,1341 1st Avenue East
(I) & D Inc. Hospitality Associates)
Assessor No. 0036470
Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of Section
17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Travelodge, 350 North Main
(Montana Hospitality)
Assessor No. 0263865
Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana
1 L i aBoo /. ,
TOURISMAN ORDINANCE ESTABLISHING THE REGULATIONS OF THE KALISPELL
P.! DISTRICT,
ATTORNEY1 CODIFY THIS ORDINANCE D DECLARING
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION A. The Kalispell Tourism Business Improvement District created by
Resolution on May 3, 2010, pursuant to Title 7 Chapter 12 Part 11, shall have a term of
ten (10) years.
SECTION 2. The boundaries of the District shall be all parcels, tracts, lots and blocks
within the corporate limits of the City of Kalispell where a five or more room hotel is
located and providing overnight stays as a lodging facility for transient patrons as its
business. This description currently identifies those properties set forth on Exhibit "A"
attached hereto and incorporated fully herein by this reference.
SECTION 3. Board of trustees -- appointment -- number -- term of office.
(1) The Mayor, with the approval of the City Council, shall appoint seven owners
of property within the district to comprise the board of trustees of the district.
(2) The director for the tourism business improvement district must be the
executive director of a nonprofit convention and visitors bureau, as defined in MCA 15-
65-101.
(3) The number of members of the board, once established, may be increased to
up to seven members from time to time by subsequent resolutions of the City Council of
the local government. A resolution to reduce board membership may not require
resignation of any member prior to completion of his appointed term.
(4) Three of the members who are first appointed must be designated to serve for
terms of 1, 2, and 3 years, respectively, from the date of their appointments, and two must
be designated to serve for terms of 4 years from the date of their appointments. For a
seven -member commission, there must be two additional appointments for terms of 2
years and 3 years, respectively.
(5) After initial appointment, members must be appointed for a term of office of 4
years, except that a vacancy occurring during a term must be filled for the unexpired
term. A riiember shall hold office until his successor has been appointed and qualified.
SECTION 4. Organization of board of trustees -- no compensation.
(1) The City Council shall designate which member of the board is to be the first
chairman. When the office of chairman of the board becomes vacant thereafter, the board
shall elect a chairman from among its members. The term of office as chairman of the
board, unless otherwise prescribed by the City Council, must be for 1 calendar year or for
that portion thereof remaining after each chairman is designated or elected.
(2) Members may receive no compensation.
SECTION 5. Removal of board member. A member of a board of trustees may be
removed by the Mayor with the consent of the City Council.
SECTION 6. Powers of board in administering district. The board in administering the
business improvement district has all powers necessary to carry out the functions of the
district contained in this ordinance creating it, including the power to:
(1) sue and be sued, enter into contracts, and hire and terminate personnel needed for its
purposes;
(2) provide special police, maintenance, or cleaning personnel for the protection and
enjoyment of the general public using the business district;
(3) landscape and beautify public areas and to maintain those areas;
(4) contract with the City Council to maintain, operate, or repair public parking facilities;
(5) contract with the City Council to maintain streets, alleys, malls, bridges, ramps,
tunnels, landscaping, and other public facilities as mutually agreed upon;
(6) promote private investment and business expansion in the district;
(7) provide for the management and administration of the affairs of the district;
(8) promote business activity by advertising, decorating, marketing, and promoting and
managing events and other actions designed for the general promotion of business
activities in the district; and
(9) perform such other functions as are necessary to carry out the purposes of this part
and to further the objectives of the district.
SECTION 7. Annual budget and work plan -- approval -- procedure -- tax.
(1) At a time determined by the City Council, the board shall submit to the City
Council for approval a work plan and budget for the ensuing fiscal year.
(2) Following public notice that a work plan and budget have been submitted and
that the City -Council -will levy -an -assessment to -defray the cost of the- work plan and
budget, the City Council shall hold a public hearing on objections to the work plan and
budget. After the hearing, the City Council may modify the work plan and budget as it
considers necessary and appropriate.
(3) After approval of the work plan and budget and to defray the cost thereof for
the next fiscal year, the City Council shall by resolution levy an assessment upon all of
the property in the district using as a basis one of the methods prescribed in MCA 7-12-
1133.
(4) A copy of the resolution shall be delivered to the treasurer of Flathead County
to be placed on the tax roll and collected in the same manner as other taxes.
SECTION 8. Assessment of costs -- area, lot, taxable valuation, and square footage
options. (1) At the same time the board submits the annual budget and work plan to the
City Council as provided in MCA 7-12-1132, the board shall also recommend to the City
Council a method of levying an assessment on the property within the district which will
best ensure that the assessment on each lot or parcel is equitable in proportion to the
benefits to be received.
(2) The City Council shall annually assess the entire cost of the district against the
entire district using a method which best ensures that the assessment on each lot or parcel
is equitable in proportion to the benefits to be received. In determining the method of
assessment to be used, the City Council shall consider the recommendations of the board.
(3) If a district is expanded, the land within the expanded area must be assessed as
provided for in subsection (2) for the duration of the district.
SECTION 9. City Council not to decrease public services. The City Council may not
decrease the level of public services in the district existing prior to the creation of the
district unless the services at the same time are decreased throughout the jurisdictional
area of the City Council, nor may it transfer the financial burden of providing those
services to the district. The City Council may not discriminate in the provision of
publicly funded services between areas included in such district and areas not so
included.
SECTION 10. Liability insurance required. The City Council may not approve the
annual budget or the work plan submitted to it by the board unless the annual budget and
the work plan provide for liability insurance coverage insuring the district, the board, and
the City against legal liability for personal injury and property damage in an amount
determined sufficient for that purpose by the City Council.
SECTION 11. Obligations of district not obligations of City. An obligation or debt of
any nature of the district is not an obligation or debt of the City and in no event is a debt
or obligation of a district payable out of any funds or properties of the City. The debts
and obligations of a district are payable solely from the funds and properties of the
district.
SECTION 12. This Ordinance shall be effective thirty (30) days from and after the date
of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 17TH DAY OF MAY, 2010.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
"
Legal Description
Kalispell Tourism Business Improvement District
The boundaries of the District shall be all parcels, tracts, lots and blocks within the corporate
limits of the City of Kalispell where a five or more room hotel is located and providing overnight
stays as a lodging facility for transient patrons as its business.
This description currently identifies all of the following lodging businesses located at the
respective described street addresses and within the respective described legal parcel.
Acro Inn,1830 Highway 93 South
(Bpssell Revocable Trust)
Assessor No. 0112600
Lot 1A of the Resubdivision of Lot 1 of Block 1 of Airport Addition to Kalispell, Subdivision
73, in Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Blue & White Motel, 640 East Idaho
(Blue & White Motel, Inc.)
Assessor No. 0084500
Tracts 30-18, 30-20B and 30-27 in the Northwest Quarter of the Southwest Quarter of Section 8,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Comfort Inn,1330 Highway 2 West
-- -__ -(BHG-Kalispell LLC)
Assessor No. 0428680
A portion of Tract I in 4B's Addition Number 45 in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana
Econo Lodge Inn & Suites, 1680 Highway 93 South
(Bullette Company of Michigan LLC)
Assessor No. 0703050
Unit 1 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
Assessor No. 0971720
Unit 3 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
(Johnson Properties LLC)
Assessor No. 0277026
Unit 2 of Diamond Lil's Condominiums in Section 17, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana
Glacier Peaks Inn,1550 Highway 93 North
(Northwest Hospitality Inc.)
Assessor No. 0976349
Resubdivision of Lot 1 of Hall Addition in Section 6, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Glacier Ridge Suites, 281 1st Avenue WN
(Camren Center LLC)
Assessor No. 0946500
Lots 19 and 20 in Block 6, Kalispell Original Townsite, in Section 18, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana
Hampton Inn Kalispell,1140 Highway 2 West
(Spring Creek Development, LLC)
Assessor No. 0981479
Tract 1 of Certificate of Survey 15567 located in the Southeast Quarter of the Southeast Quarter
of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana
Hilltop Inn, 801 E Idaho Street
(Kalispell Hilltop LLC)
Assessor No. 0586900
Tract 2 of Certificate of Survey 8076 located in the Southeast Quarter of the Northwest Quarter
and the Northeast Quarter of the Southwest Quarter of Section 8, Township 28 North, Range 21
West, P.M.M., Flathead County, Montana
Hilton Garden Inn, 1845 Highway 93 South
(Kalispell Hotel, LLC)
Assessor No. 0586900
Tract 1 of Certificate of Survey No. 17045, a tract of land situated, lying, and being the North
half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana
Holiday Inn Express, 275 Treeline Road
(Big Sky HIE, LLC)
Assessor No. 0012481
Imp 1906 on Lot 1 of the Holiday Inn Express Subdivision in Section 36, Township 29 North,
Range 22 West, P.M.M., Flathead County, Montana
Kalispell Grand Hotel,100 Main Street
(CM Clark)
Assessor No. 0020900
Lots 1 and 2 of Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West,
P.M.M., Flathead County, Montana
Motel 6, 1540 Highway 93 South
(M-Six Penvest 1 Business 'Trust)
Assessor No. 0599250
A portion of Lot 7 and a portion of the Northerly 50 feet of Lot 8, Block 1 of the Plat of Poston
Addition in Section 17, Township 28 North, Range 21West, P.M.M., Flathead County, Montana
Outlaw Inn, 1701 Highway 93 South
(Kalispell Hospitality Company, Inc.)
Assessor No. 0877530
Lots 1, 2 and 3 of Ryker Addition to Kalispell Amended Lots 1-10 in Block 2 in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Iced Lion Hotel, 20 North Main
(Iced Lion Hotel Limited Partnership)
Assessor No. 0974450
Tracts 8BA and 2AB in Southeast Quarter of the Southwest Quarter of the South Half of the
Southeast Quarter in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Super 8, 1341 1st Avenue East
(D & D Inc. Hospitality Associates)
Assessor No. 0036470
Tracts 5XB, 5-23A, 5-23AA and 5FA in the Southwest Quarter of the Southwest Quarter of
Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
Travelodge, 350 North Main
(Montana Hospitality)
Assessor No. 0263865
Lots 1 through 6 and 9 through 12 of Block 241, Kalispell Addition 6, in Section 7, Township 28
Nodh, Range 21 West, P.M.M., Flathead County, Montana
Flathead Cour.�y Health Department - By -Laws
http://www.flathead.mt.gov/healtli/byjaws.php
Horne [ About I latltead County ' Elected+ Appointed Officials ' SerrOces Directory Calendar of Events Department Contact Us
Flathead Laws
City - County
BY-LAWS
Health City -County Board of HealthL�
Department Flathead Countyl
�J
Department Home ARTICLE I- Name
Our Boards The name of this organization shall be the Flathead City -County Board of Health.
Agenda
Minutes
ARTICLE II - Object
- =Laws
The City -County Board of Health shall exercise general supervision over the City -County Health Department.
Miss. .....tatement
Specific functions, powers, and duties of local boards of health are set forth in Title 50, Chapter 2, MCA in the
HIPAA
following words:
No s arLd Ever is
1. Local boards shall;
Illness Complaint
Form
ma. appoint a local health officer who is a physician or a person with a master's degree in public health or
Contact Us
equivalent and appropriate experience as determined by the department and fix their salary;
Health Resources
•b. elect a chairperson and other necessary officers:
Food Establishment
•c. employ necessary qualified staff;
eorng...E,ysterrr
d. adopt by-laws to govern meetings;
Community Health
Assessment 2013
e. hold regular meetings quarterly, and hold special meetings as necessary.
f. supervise destruction and removal of all sources of filth which cause disease;
"
g. guard against the introduction of communicable disease;
h.-supervise inspection of public establishments for sanitary conditions;
a s a
i. subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than the state
standards for the control and disposal of sewage from private and public buildings that is not regulated by Title
75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances to the
minimum requirements that are identical to standards promulgated by the board of environmental review and
must provide for appeal of variance decisions to the department as required by 75-5-305.
2. Local boards may;
a. quarantine persons who have communicable diseases;
b. require isolation of persons or things which are infected with communicable diseases;
c, furnish treatment for persons who have communicable diseases;
d. prohibit the use of places which are infected with communicable disease;
e. require and provide means for disinfecting places which are infected with communicable diseases;
f. accept and spend funds received from a federal agency, the state, a school district or other persons;
g. contract with another local board for all, or part of, local health services;
h. reimburse local health officers for necessary expenses incurred in official duties;
i, abate nuisances affecting public health and safety or bring action necessary to restrain the violation of
public. health laws or rules;
j. adopt necessary regulations and fees for the control and disposal of sewage from private and public
buildings not currently connected to any municipal system (fees shall be deposited with the county treasurer);
k. adopt rules which do not conflict with rules adopted by the Department and Board of Environmental Review;
1 of 4 11/13/2013 11:01 AM
Flathead Comity Health Department - By -Laws http://www.flathead.mt.gov/healtli/by_laws.phr
i, for the control of communicable diseases;
ii. for the removal of filth which might cause disease or adversely affect public health;
iii. on sanitation in public buildings which affects public health;
• for heating, ventilation, water supply and waste disposal in public accommodations which might endanger
human lives."
• subject to the provisions of 50-2-130, for the maintenance of sewage treatment systems that do not
discharge an effluent directly into state waters and that are not required to have an operating permit as
required by rules adopted under 75-5-401; and
• for the regulation, as necessary, of the practice of tattooing, which may include registering tattoo artists,
inspecting tattoo establishments, adopting fees, and also adopting sanitation standards that are not less
stringent than standards adopted by the Montana Department of Public Health and Human Services pursuant
to 50-1-202.
(1) Adopt regulations for the establishment of institutional controls that have been selected or approved by the:
(i) United States environmental protection agency as part of a remedy for a facility under the federal
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;
or
(ii) Department of Environmental Quality as part of a remedy for a facility under the Montana Comprehensive
Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7.
ARTICLE III - Membership
1. Membership of city -county boards of health as set forth in Title 50, Chapter 2-106, MCA, consists of:
a, one ( 1) person appointed by the county commissioners who serves at their pleasure;
b. one (1) person appointed by the governing body of each city that participates in the city -county board who
serves at the pleasure of the appointing governing body;
c. additional members appointed by the county commissioners and the governing body or bodies of the city or
cities participating in the city -county board as mutually agreed upon, who serve at the pleasure of the
appointing commissioners or governing body. The board shall be composed of at least five persons. -
2. Membership of the City -County Board of Health based on the Interlocal Agreement shall consist of the
following:
a. A Flathead County Commissioner - designated by the county commissioners and serving at their pleasure.
b. The mayor of the City of Kalispell, or his/her representative
c. At least five additional members to be appointed by the Flathead County Commissioners. These additional
members are to represent population centers in the county that are not entitled to representation by statute. It
is recommended that at least one member of the Board shall be a medical doctor, nurse practitioner, or
physicians' assistant.
• Terms of appointed members to the City -County Board of Health shall be staggered and shall be for three (3)
years each.
e. Any member failing to attend 66% of the meetings per annum may be required to relinquish his/her
appointment.
f. Vacancies which occur on the City -County Board of Health by reason of death or resignation or for other
reasons, shall be filled for the unexpired term of the vacated member and appointments to fill said vacancies
shall be made as hereinbefore specified.
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Flathead Comity Health Department - By -Laws http://www.flathead.mt.gov/health/by_laws.php
ARTICLE IV - Officers
1. At the first regular meeting of the City -County Board of Health following the first day of January each year,
said Board shall organize by electing a Chairperson, a Vice Chairperson, and such other officers as it may
deem best and advisable.
2. The Health Officer employed by the City -County Board of Health shall not be a member of said board but
shall act personally or through his/her representative as its secretary and shall perform his/her duties as such
secretary as required by the City -County Board of Health.
• In the event of vacancy of the board member elected Chairperson due to death or resignation or for other
reasons, the Vice -Chairperson shall act as Chairperson and a new Vice -Chairperson shall be elected. Both
shall serve until the next regular election of officers.
e In the event of vacancy of both the Chairperson and Vice Chairperson due to death or resignation or for other
reasons, the remaining board members shall elect an Acting Chairperson who will function until the first regular
meeting after all new board members have been appointed. At that time the board shall reorganize by electing
a Chairperson and a Vice -Chairperson,
ARTICLE V - Meetings and Quorum
1. Regular meetings of the City -County Board of Health shall be held no less frequently than quarterly.
e Special meetings of the City -County Board of Health may be held upon call of the Chairperson or any two
board members.
A quorum for both regular and special meetings shall consist of a simple majority of members of the board.
ARTICLE VI - Financing
1. The financing of the City -County Board of Health will be as set out in Title 50, Chapter 2, 111 (2) , MCA.
• School boards and other official and non -official agencies may contribute funds to a local board.
ARTICLE VII— Board Member Reimbursement
Board members may not be compensated for their time but may be reimbursed from local funds for
transportation and actual expenses up to but not exceeding state transportation reimbursements and allowable
expenses incurred in attending Board of Health meeting or other Board related activities.
ARTICLE VIII - Parliamentary Authority
The rules contained in "Roberts Rules of Order Revised" shall govern the City -County Board of Health for all
matters not covered in these By -Laws.
ARTICLE IX - Amendments
These By -Laws may be amended at any regular meeting of the City- County Board of Health by a majority
vote, notice having been given at the previous regular meeting.
Adopted by the Flathead City -County Board of Health May 21, 1987
Modified: December 21. 2000
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Flathead Cowity Health Department - By -Laws
http://www.flathead.mt.gov/health/by_laws.phr
Flathead County
Government
800 South Main Street
Kalispell, MT 59901
Contact Us
Article 2, % i . Changed to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of
Health.
Article 2, 2., k. Changed to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of
Health. The Board of Health and Environmental Sciences is now the Board of Environmental Review,
Article 2, 2., k, v., and vi. Added to reflect the change to Title 50, Chapter 2, Powers and Duties of Local
Boards of Health.
Article 2, 2., I. Added to reflect the change to Title 50, Chapter 2, Powers and Duties of Local Boards of
Health.
Article 6., 1 . Modified to reflect current financing practices as set forth by mutual agreement of the Board of
Health and the Board of County Commissioners. The funds are derived from a countywide levy that does not
include Kalispell. Kalispell makes a separate contribution at equal millage to that levied by the County.
Modified: April 17, 2003
Article 3, 2., c. The Board believes that a Medical Doctor or mid -level provider serving on the Board is of
benefit.
New Section regarding Board member reimbursement is added a numbered Article 7. Article 7 is renumbered
as Article 8 and Article 8 is renumbered as Article 9.
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information or any linked information presented, referenced, or implied. Al[ critical information should
be independently verified. Any questions should be directed to the administrators of this or any other
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4 of 4 11/13/2013 11:01 AM
Kalispell.Com - City of Kalispell - Mayor and City Council - Conra..
http://www.kalispell.com/mayor_and_city_council/conrad mansion...
Conrad Mansion Board
Current City Appointees Term Ends
Everit Sliter
4/30/2016
Gary Havens
4/30/2015
Sue Corrigan
4/30/2017
Vanessa Ceravolo
4/30/2014
Creation
An agreement from 1975 between the City of Kalispell and the living
relatives of the Charles Conrad family.
Purpose
To continue maintenance, restoration, and operation of the historic site
museum. The jurisdiction is strictly the Conrad Mansion. All revenues
collected from fundraisers, tour and event ticket sales, and donations
are monitored, voted on, and invested by the Conrad Mansion Board of
Directors.
Membership
There are 12 voting members on the board. Four members are
appointed by the City of Kalispell, two are appointed by the Flathead
County Commissioners, one by Flathead Valley Community College, one
by the University of Montana, three members at large, and one member
representing the Conrad family.
Term
_ - Four-year terms.
Residency Requirements
The City positions must be either City of Kalispell property owners or
residents of the City of Kalispell.
For More Information
Contact City Clerk's Office at 758-7756.
1 of 1 11/19/2013 3:12 PM
AGREEMENT
THIS AGREEMENT, made and entered into this day of
1974, by and betwCen the CITY OF KALISPELL, Montana,
a muni.ciLial corporation, hercinafter referred to as "CITY", and
ALICIA CONRAD CAMPBELL of Missoula, Montana, hereinafter referred
to as "MRS. CAMPBELL".,
W I T N E S S E T He
WHEREAS, MRS. CAMPBELL is the owner of the real property
described in Exhibit "A" attached hereto and by this reference made
a part of this Agreement, and commonly referred to as "THE CONRAD
MANSION"; and,
WHEREAS, the Conrad Mansion possesses great historical signific-
ance to the residents of the City of Kalispell, Flathead County, the
State of Montana, and the nation, and is one of the few remaining
homes that depicts the way of life that existed for one .strata of
Montana society'at the turn of the century; and,
WEIEREAS, the Conrad Mansion is a home of unique beauty and
worthy of preservation for the edification and education of the
young people of this nation; and,
i
-- - WHEREAS, MRS. CAMPBELL has dreamed of establishing the Mansion
3s a memorial to her parents to pay tribute to their efforts and
:oresight in converting a raw wester -k ttlement info a(community
.)f physical beauty and cultural advent( sifar above the normal; and,
WHEREAS, by a letter of intent dated November'15, 1973, a copy
of which is attached hereto as Exhibit "D", MRS. CAMPBELL signified
her intention to give said Mansion to the CITY as a memorial to her
parents; and thereafter, and in reliance upon such letter of intention,
the CITY did, make certain improvements on said premises and its
contents and expend thereon for such purposes the sum of approximately
$15,Oo0.00; and
WHEREAS, after continued negotiations, the parties have now
agreed upon the terms of such gift for preserving this historical
property for the benefit of coming generations, which terms are'
embodied,in this Agreement,
NOW THEREFORE. in consideration of the mutual covenants herein
contained, it is hereby agreed botween the parties as followss
t. MRS, CAMPUC1.t, horoby agrees to give and donate to the CITY,
in memory of her parents, Charles Edward Conrad and Alicia Davenport
Conrad, the real property described in Exhibit "A" attached hereto
and by this reference made a part of this Agreement, and CITY agrees
to accept said gift on the terms and conditions hereinafter sot forth.
2. The CITY agrees to take and hold title to said property in
the name of the CITY for the public uses and purposes herein stated.
3. The CITY.agroes that said property shall be used only as a
public museum and that the repair and restoration, maintenance and
operation thereof will be supervised and governed by a board, to be
known as "The Conrad Mansion Directors", hereinafter called "BOARD".
The members thereof are to be named and appointed and to operate the
Mansion as hereinafter stated. The CITY further agrees that MRS.
CAMPBELL, for the period of her lifetime, may occupy, for her personal
use, an apartment consisting of two (2) rooms, bath and kitchenette,
in the northwest corner of the ground floor of the Conrad Mansion.
Except for restoration of plaster and floors, which would have to be
done in any case, MRS. CAMPBELL shall pay all costs of restoration,
renovation and remodeling for said apartment, title to which shall
vast in the CITY upon the death of MRS. CAMPBELL.
4. The CITY agrees that it.will provide the sum of Thirty -Five
Thousand Dollars (635,000.00), which sum shall be placed in a special
fund with the City Treasurer to be disbursed and spent only in the
following.manncrs
At such time, and from time to timn, as the HOARD shall, by
its own erfor.ts, raise motley for said museum, the CITY at the
request of the BOARD, shall d.isharse from said special fund
amounts equal to the amounts raised by the BOARD, all of which
City funds and matching monies shall be spent only for capital
repairs and improvements to the Mansion.
The CITY agrees that if all of said sum has not been used in
the 4axzblo year in which it was raised, that it will carry
said funds forward to the following taxable year or years for
use for.the same purposes and in the same manner.
- 2 -
5. It is agreed that, after snaking provision for said sum
of Thirty -rive Thousand Dollars t$35,000.00j above mentioned, the
CITY will have no further obligation for the capital repair and
improvements or,.restoration, maintenance and operation of said
property ais a museum or in any other use, but that such further
repair, restoration, maintenance and operation shall be the obliga-
tion of the BOARD with funding provided by the BOARD. It is further
agreed that all donations for the benefit of—t,he Mansion -shall be
taken in the name of the CITY and placed in a special fund available
for use for any and all purposes of the repair, restoration, main-
tenance, operation and furnishing of the Mansion. The CITY agrees
that it will disburse such funds for any and all of such purposes
upon the request and direction of the BOARD, which disbursements
shall be made within ten days after receipt by the CITY of written
request from the BOARD for such disbursement.
6. The CITY agrees that any donations, gifts, grants, bequests
or endowments from any pource which accrue to the mentioned museum
project shall be deemed to be funds raised by the BOARD and shall not
be considered as "City Funds" in the matching funds agreement above.
.7. The CIft agrees to use _said property solely as a public_
museum: In the event that the Conrad Mansion is destroyed by fires
f
or other natural catastrophe, or future events render it unfeasible
to use said property as a museum, or if MRS. CAMPBELL shall fail
to give to the CITY the furniture as herein agreed upon, then the
BOARD, with the consent of the CITY,. may devote such property to some
other public service or use. But if the BOARD and the CITY are
unablr to agree upon such anothor use, then all of said property
Khall be sold at public auction, or be sold in a manner approved by
the then Judge of Department One of the Eleventh Judicial District
of: the state of Montana, in and for the County of Flathead, and the
proceeds of such sale, after deducting all costs and the payment of
all obligations, shall be used for the benefit of the children of
the City of Kalispell, by the construction of some permanent rcca^ea-
- 3 -
tional facility dedicated to the memory of Charles Edward Conrad
and Alicia Davenport Conrad.
8. MRS. CAMPBELL agrees to give to the CITY for use in the
museum the furniture listed on Exhibit "H", hereto attached and
4
by this reference made a part hereof, upon the express condition
that the real property described herein is used for an operational
public museum within a period of five (5) years from the date hereof.
In the event said property is not operated as a museum within said
five (5) year period, or ceases to be so operated within fifteen (15)
years from the date hereof, the personal property described in
Rxhibit "B" shall revert to MRS. CAMPBELL, her heirs,or assigns.
The furnishings and furniture shall be insured by the CITY in an
amount reasonably agreeable with the value thereof.
9. In addition to the property herein described on Exhibit "A",
MRS. CAMPBELL owns land directly across woodland Avenue described on
Exhibit "C" hereto attached. If said property is sold, the CITY shall
have the first right to `purchase said property at the same prise and
conditions of any bona fade offer. The exercise of this right shall
be by written notice to MRS. CAMPBELL , or the executor or administrator
of the estate of MRS. CAMPBELL® within thirty (30) days after the CITY
has received written notice of such offer. Within thirty (30) days
following notification of MRA. CAMPBELL by the CITY that it intrnds
to purchases the property, MRS. CAMPBELL or the executor or administrator
of the estate of MRS. CAMPBELL shall cause to be delivered to the CITY
a title insurance polciy commitment allowing good and merchantable title
to said property to be vested in MRS. CAMPBELL or the estate of MRS.
CAMPBELL. If said title is merchantable, then MRS. CAMPBELL or her
executor or administrator and the CITY -shall take such steps•as may
be necessary to have the sale accomplished or to have the sale approved
by the Coart in which the estate of MRS. CAMPBELL is being probated.
- 4 -
10. MRS. CAMPBELL agrees that, if in the opinion of the
BOARD and the CITY, it becomes more feasible and convenient to
operate the : property as a museum under the ownership of Flathead
County, Montana, or the State of Montana or the United States, then
at the request of the BOARD,.the CITY shall transfer title to the
whole of said property to Flathead County, or the State of Montana
or the United States, as the case may beo'but only upon the con-
dition that it be ,operated and disposed of within the terms of
this Agreement.
11. It is agreed that the museum shall be known as *THE C014RAD
MANSION HISTORIC SITE" and its restoration and operation will be
governed solely by a board of directors consisting of nine persons
Lo be known as "THE CONRAD MANSION DIRECTOW. All board members,
except the initial board, shall serve a term of four years from the
date of their appointment. Four members of the BOARD shall be
appointed by the Mayor,of the City of Kalispell with the advise
and consent of the Kalispell city counciij or, if title to the
mansion is later vested in another entity as provided in Paragraph
10 hereof, then thereafter such other entity shall apoint two members
of the BOARD and the Mayor of the City of Kalispell shall therafter
appoint only two members to the BOARD; one board member shall be
appointed by the President of the Flathead Valley Community College;
ones board member shall be appointed by the President of the University
of Montana; two board members shall be appointed by the Board of
County Commissioners of Flathead County,: -Montana. In order to stagger
u expiration dates of the appointments to be made and so that all
of the directors' terms will not expire in any one year, the first
Corm of one of the directors appointed by-tho CITY shall expire four
'trars from the date of appointment; the first term of ono of the
--ctors appointed by the CITY shall expire three years from the
.of appointment; the first term of ono of tho directors appointed
he CITY shall c.Xpirc two Years from the date of appointment;
first term of one of the directors appointed by the CITY shall
nim
expire one year from the date of appointment. The first term of
the director appointed by the President of Flathead Valley Community
College shall expire one year from the date of appointment. The
first termoof the director appointed by the. President of the Univ-
ersity of Montana shall expire four years from the date of appoint-
ment. The -first term -of one of the directors appointed by said
Board of County Commissioners shall expire four years from the
date of appointment and the first torm of one of the directors
appointed by said Hoard of County Commissioners shall'expire one
year from the data of appointment.
The remaining board member known as "The Family Member" shall
be appointed by MRS. CAMPBELL and said Family Member shall serve
until replaced by MRS. CAMPBELL or, upon her death, until his
death or resignation. Said member, or his personal representative,
after the death of MRS. CAMPBELL, may appoint his own successor
Family Member. In the event MRS. CAMPBELL, or said family Membei*,
as the case may be, fails to appointee successor Family Member
within six (6) months of his resignation or his death, the Kalispell
City council or.entity holding title, shall appoint, such Family
Member. It is further agreed that any blood relative of MRS.
CAMPBELL may attend meetings of the BOARD at any time as an ex
officio member without vote.
12. Members of the BOARD shall be appointed by the respective
appointing authorities within sixty (6'0) days after the date of this
Agreement and each appointing authority shall be mailed a copy of
this Agreement within five (5) days after its execution. Replace-
ment board members shall be appointed by such respective authorities
within sixty (60) days of the death or resignation or expiration"
of the term of office of a board member.
_I
13. It is understood and agreed that so long as the museum
is operated as a public museum to the memory of the parents of
MRS. CAMPBELL, that its basic design shall not be changed.
14. The BOARD, within ten (10) days after its appointment,
snail organizp- and elect its officers. The BOARD also shall adopt
By -Laws for the operation of the museum and may incorporate as a
private corporation, foundation or in such other manner as the BOARD
shall determine to be most efficient.
15. It is agreed that the rock -wall prosontly surrounding
the mansion shall not be removed, altered, or destroyed, EXCEPT,
it is agreed that maintenance work may be performed upon the structure.
16. This Agreement may be amended by the mutual consent of
the entity holding title, acting by and through its duly authorized
officers, and the family Member of the board of directors, or, in
the event there ceases to be a Family Member" on the board of
directors, this Agreement shall not be subject to further amendment.
IN NESS�dyear
EREOF, the ties hereto have set their hands and
se s the day rot her inabove written.
' e/l�/f'!/7S.�r%�.rJ/% �i�'7/1%/7�7,C.�1"�i✓.
CIA CONRAD CAMPBELL
WITNESS,
- 7 -
-EXHIBI7 I'll"
NoVembex: 19
635. oadford:
vissoula,_ MofitAn4':; 5.9S6.1
.. � t �aind, .. i yY 4 �� v "� T.
3
TGt. ':The Honorable, L urence°G4,' Bj6rneby
t7k , and
TC1. 'The CxtyCauncxi o the City of "lKalispell
yq P � ,t( 11'Kff *f t. �I I �t•y
r p Thais letter. 'i's - `corafIrm mar intent
'�co eonve N tb.iti�e
Y:
UtY-'Of-Ralispell';the' CozJrad:"Mansa.on, which
legally':dcis cribed�"6.S Lots,;, I, through 6, inclusive,. -of ' Sloi
+cf' Iia l aspa 11 Tovvnsite .'company `,s Additidn" No'. 2 ,,to ,Kalispe3,l",'._:' fit`
Montana a ccvrdincl td: the. plat ` thereof ' can file :and of :xecord s .ka
in the offs ce of ,the_; Clerk and Recorder of..Plathead Cbunty l :; P
Montana m .;:i'I .ash rnaki g this gift- tO the City- with , the , hope tha '
it w4iii'serve;. the 'City, :. (aria Montana arid. the Nation) as,.a
naxiument' 'to. my. 'ate .er`;. C B.. Conrad, and'` of. that. period o
Kaiisp,611 and Montana history in which he lived: .,The :Conrad;
uzision Museum wale f ulf ill, that .purpose.
sha li make tha s ; gift to the City of Kalispell so,
..,
:. 'Ose ,PUrpDses. may. be_,`attained, but the gift will" ,be subject.
to 'ceartaan coriditions `which'should in'no wise interfere with;:,
your _d±ive.lopmen� sand 'operation. "cif the, museum..,: The... Conditions
wash, to r`�ritpnse •'a`ro`" two folds ' pirst;; ;tor. enhance the;.;perpetuat°ion
of the::Museum and; its.:purposes, 'second, to, provide: in '`the Manii-o`n,;'
.,:-,-ape • f :use during.: my 1ifetitrie, and _.for..�n;
addit 6hal.: speca.fled period foe .my, heirs®.. -The spec ifso, terMs
ah, rese' ''tions dax : be worked. Cut. immediately; .keeping;'-atin YK
nlnd both the; needs of the City of Kalispell and my
fully realize .that•t -the-requirements of the Internal.' Revenue. Se
vace..amust.be met,'. and; Professor, :Albert Stone of. the. Univv�rsit'
of Mcsri'ka a ,asr Schzra +"and'has,staff, presently i,s" workirig
r�aa that probl em At )this time, ..I �am:. not: prepared tcs: make a
aimledi,te:.gift ta�the City of Kalisp�1 :of •furnishings .and
airtaces trf,' perstanaxti p,'vpe th,aweverR my„present sttentaon
.# t+iYwrna7ce such . a ga�i 4yt s `
further'reaizz tZt f' •thsre..aa . tc be: a `Conrad
Met+ioarxa Museusnr ;the` Piaia"sxt5 i`. must.:.,be : ft�knishedt thereftiriE' i
uints.3..2 have,; made era'%outright; gift td the 'City of ;�cert* in : .
Eurnis' pings, the.. urziisMa,ngs v�ri remain in the Mansion .fos
ii$ pli es .of th"e musei n®
alm
page 2 NoVember 160 1973. City of Kalispell, et al.
I also wish to express to you my joy that you share with
me the desire to create for Kalispell an institution of
significant historical importance. I will diligently pursue
that purpose*and at the earliest possible moment execute
the necessary documents to - vest title in the City of
Kalispell. As soon as Professor Stone has those documents
prepared, copies will be presented to you for your approval.
Gratefully submitted
Alicia Conrad Campbell
Kalispell.Com - City of Kalispell - Mayor and City Council - Econom .. http://www.kalispell.com/mayor_and_city_gouncil/economic_revolv...
Economic Revolving Loan Fund Committee
Current Members
Term Ends
Ike Braden
4/30/2015
Karen Witt
4/30/2014
Ronnie Laudati
4/30/2016
Dave Hanson
4/30/2015
Steven Moss
4/30/2015
Creation
Resolution No. 4780.
Purpose
To review loan application packages for Economic Development
Revolving Loan Funds according to the RLF Policies and Procedures
Manual. The duty of the Loan Review Committee is to review each
application to establish that the loan request has sufficient collateral,
financial feasibility and sound management.
Membership
The board shall be composed of five persons as follows:
• Three persons involved in financial institution lending.
• Two persons, either of whom can be a CPA/Accountant or
Commercial Insurance Agent.
- Term
Three-year terms to be staggered.
Residency Requirements
No requirements.
For More Information
Contact Katharine Thompson at 758-7713.
1 of 1 11/19/2013 3:12 PM
WLTE AS, Rural Development and CDBG Economic Development Block Grant sources have
funding available for the creation of revolving loan funds for small business
retention and expansion which may stimulate economic development activity by
assisting the private sector where a funding gap exists and alternative sources of
public and private financing are not adequate; and
WHEREAS, the Kalispell City Community Development Department will be able, through the
use of such an economic development revolving loan fund and with funding from
these grant sources, to assist businesses by making appropriate long-term, reasonable
fixed rate financing to small businesses to stimulate economic development activity;
and
WHEREAS, a Steering Committee of local business and banking professionals have developed a
set of policies and procedures for the management of an Economic Development
Revolving Loan Fund which will effectively direct a Loan Review Committee in the
management of the Fund; and
WHEREAS, a Loan Review Committee should be established and appointments made to that
Committee to monitor and direct the Economic Development Revolving Loan Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY_ OF
KALISPELL AS FOLLOWS:
SECTION 1. An Economic Development Revolving Loan Fund (RLF) shall be established
within the budget of the City of Kalispell, which shall be funded solely from
the Rural Development and CDBG Economic Development Block Grant
sources. Loans from this fund shall be used to continue the activities from
which the program income is being derived; 1) specifically to create, retain
and improve employment opportunities and wages, and to 2) assist in
preventing or eliminating blight, to revitalize, upgrade or improve the
commercial/business area of the Kalispell community, and 3) to contribute
partial funding as a match for Community Development projects funded with
State and Federal funds. To this end the use of the RLF shall be governed by
the City of Kalispell Economic Development Revolving Loan Funds Policy
and Procedures manual attached hereto as Exhibit "A" and incorporated fully
herein by this reference.
SECTION II. The five person steering committee which authored the Policy and
Procedures established above in Section I shall be and is hereby appointed to
serve as the Loan Review Committee. The first term for Peggy Young and
A.J. King shall be for a period of two years and the first term for Dave
Hanson, Rick Hart and Donna Bolander shall be for three years. All terms
thereafter shall be for a period of three years. Upon the expiration of any
term or withdrawal of any committee member prior to the expiration of the
term, the Committee shall develop and submit, for each opening, a list of up
to three nominees to the Mayor who shall then, with the approval of Council,
either make the appointment from that list to fill the seat on the Committee or
call upon the Committee to develop and submit a new list of up to three
nominees to fill the vacant seat.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS STH DAY OF MAY, 2003.
mayor
ATTEST.
Theresa Whit e
City Clerk
EXHIBIT "A"
"
CITY OF KALISPELL
MISSION STATEMENT
The City of Kalispell's Economic Development Revolving Loan Fund (RLF) is
designed to stimulate economic development activity by assisting the private sector
in order to create or retain jobs for low and moderate income persons. These funds
are intended to be used in situations where a funding gap exists and alternative
sources of public and private financing are not adequate. These funds are intended
to compliment conventional business financing techniques by leveraging funding
from other Federal and State financing programs and private lending institutions.
The RLF is designed to assist businesses by making appropriate long-term, fixed
rate financing available at reasonable interest rates by providing improvements in
support of Economic Development activities.
The Economic Development Revolving Loan Fund will continue the activities from
which the program income is being derived; specifically to:
1. Create and retain employment opportunities. When applying for Community
- - - Development Block Grand Funds (CDBG) it should benefit no less than 51 % Low
and Moderate Income (LMI) individuals within the City of Kalispell and
Service area.
2. To assist in preventing or eliminating blight, to revitalize, upgrade or improve the
Commercial/business area of the community;
3. To contribute partial funding as a match for Community Development projects
funded with State and Federal funds.
B. FINANCING POLICIES
The City of Kalispell Economic Development Revolving Loan Fund will be guided by
the following financing policies:
No loan will exceed the maximum limit or the debt/equity ratio limit of the primary
funding source.
The loan interest rate will be determined based on the appropriate index and the risk of
the loan as determined by the Loan Review Committee.
The Economic Development Loan Review Committee will have the authority to approve
special financing, such as deferrals of principal or interest payments or both, to meet a
borrower's need for high -risk financing and to leverage financing from conventional
borrowers. The Committee may also forgive or postpone loan payments due to special
circumstances or unanticipated difficulties. When considering requests for postponement
of payment obligations, the Committee will consider the request on its merits alone and
will base its decision on a thorough analysis of the business's financial statements,
especially historical and projected cash flows. Moratoria on principal payments will be
granted only for businesses that can evidence the ability to achieve a positive cash flow
within a specified time. Payments may be postponed for a maximum period of one year
upon the Economic Development Loan Review Committee's consideration.
The Economic Development Loan Review Committee will consider the merits and
potential economic benefits of each request. When appropriate, financing may be
secured by liens or assignment of rights in the assets of assisted firms in accordance with
the following principles:
1. To encourage the participation of other lenders and investors, the City of
Kalispell's lien position may be subordinated and made inferior to liens securing
other loans made in connection with the project.
2. In projects involving direct working capital loans, the City of Kalispell, will
normally obtain collateral such as liens on inventories, receivables, fixed assets or
other available assets of the borrower. Such liens may be subordinated only to
existing liens of record and other loans involved in the project.
3. The City of Kalispell may also require security in the form of assignment of
patents, licenses, intangibles and other assets with a realizable value.
4. Life and disability insurance may be required on each owner or key person(s) of
the business or corporation with 20% or more ownership. Such policies will be
assigned to the City of Kalispell.
5. Personal guarantees may also be required from principal owners when the
Economic Development Loan Review Committee determines that sufficient
collateral is not available for the loan.
_ 6. Loan amounts will not exceed appropriate percentage of the value of the collateral
offered through the above means.
7. Hazard or liability insurance will be required on all businesses, and policies will
have City of Kalispell listed as loss payee.
All proceeds from interest payments and loan fees will be utilized in one or all of the
following ways:
1. To cover Loan Loss Reserves.
2. To pay back the RD-IRP loan.
3. To cover administrative costs related to the loan fund programs.
4. Returned to the revolving loan fund to provide funds for additional loans.
5. Used as collateral and payment to other financial institutions to allow City of
Kalispell to borrow short -terms funds for immediate increased capitalization of the
loan fund.
An appropriate loan origination fee (generally recommended 1 to 3%) will be charged for
all loans. At the discretion of the loan review committee, this requirement may be
reduced to the most reasonable rate to encourage participation in the program. Title
insurance, appraisal cost and all other applicable fees or charges will be billed 100% to
the borrower and must be paid at closing.
2
Community Development Department staff will utilize other state and federal programs
to the maximum extent feasible either in lieu of or in conjunction with the program in an
effort to secure maximum economic benefits to the City of Kalispell.
1 1W. 11,7611 M _
Type of Businesses/Activities Assisted
All loans applied for must demonstrate a clear need for gap financing. Loan assistance
will be given to existing businesses for job retention and/or expansion. New businesses
locating in the greater Kalispell area will be evaluated on the same level as existing
businesses. Higher scores for either type of application may be obtained through creation
of more jobs and/or higher wages.
Working Capital Loans
It is the long term goal of this program that no more than 50 percent of a total loan
portfolio will be allocated to working capital. A minimum of 50 percent of the portfolio
will consist of fixed asset loans.
LeveraginZ
The overall loan portfolio will leverage a minimum of one private dollar for every one
dollar of the City of Kalispell financing
Loan Loss Reserve
A 2% loan loss reserve shall be established at the creation of each new loan. As the
portfolio grows and matures, the reserve percentage will be assessed for adequacy at
regular intervals, but no less than annually. As losses occur, the reserve account will be
charged with the loss and the reserve account will be adjusted through additional charges
to earnings if necessary to keep the reserve account at the current minimum standard
l . The City of Kalispell's Economic Development Loan Fund will only provide
financing that is otherwise not available.
2. Loan recipients will be evaluated on their ability to create or retain jobs as well as
the wage rates they will pay.
3. All loan recipients must be located in the City of Kalispell or within an
impact service area to City of Kalispell and must agree to remain so during the
life of the loan.
4. The Loan is due and payable, in full, if loan recipient's project was to relocate
outside the impact service area that benefits the City of Kalispell.
E. PERFORMANCE ASSESSMENT PROCESS
Performance as measured by the Revolving Loan Fund Mission Statement will be
evaluated by City of Kalispell Economic Development Department and The Economic
Development Loan Review Committee. This will be done annually or when deemed
appropriate during the first three years of the loan. If necessary the Economic
Development Revolving Loan Fund Plan may be modified to accommodate changes in
3
the need for financing and new opportunities for economic development that may arise.
All proposed modifications to the Polices and Procedures will be forwarded to the
various funding sources for approval. Procedures governing the USDA, Rural
Development, and Intermediary Relending and Community Development Block Grant
Program (CDBG) will be submitted to each proper governing body for their approval.
Loan Review Committee
In order to provide financing and lending expertise to the loan review process, an
Economic Development Loan Review Committee will be created consisting of 5
members appointed by the Mayor and City Council. The Community Development
Department will contribute expertise to the loan review process. The duties of the
Economic Development Loan Review Committee will be as follows:
1. Review completed loan application submitted to the Community Development
Department of the City of Kalispell, establishing that each loan request has sufficient
collateral, financial feasibility and sound management. The Committee will meet
monthly or as needed to review loan packages.
2. The Economic Development Loan Review Committee may make the following
decisions regarding loan applications.
a. Approve the request with standard conditions.
b. Approve the request with standard conditions and special contingencies.
c. Deny the request with reasons explained.
d. Table the request for future consideration.
3. The Committee may make recommendations regarding revisions to these Policies and
Procedures to the Kalispell City Council.
Appeal Process
If an applicant should disagree with the decision of the Loan Review Committee, a
written appeal can be made to the committee up to 30 days after the date of the denial
letter. The applicant will be required to attend the meeting and specifically explain why
the committee should reconsider the decision. Should the applicant's request be denied a
second time, the project will no longer be considered for assistance from the City of
Kalispell's Economic Development Revolving Loans Funds.
i : ► ' : �Z���'�`�►�l��ZiZlT�l1i�:��T�
Standard Loan Application Requirements
At a minimum all loan applicants must complete the applicable Application Form.
Additional information required to complete the application process includes:
1. Existing business - historical financial reports for last three years of operation.
2. Tax returns for last 3 years for the business plus 3 years personal tax returns.
3. Current financial statements (at least the last 3 months).
4. Completed business plan with 3 year projections and the first year month by
month cash flow, Pro Forma, income statement(s) and balance sheet(s).
rd
5. General Information Release form
6. Resume of key personnel.
Credit Reports
All applicants must agree to allow The Community Development Department to request
credit reports on the principals involved in the business by signing an Information
Release Form.
Appraisals
Appraisals will be required for land and building offered as collateral. Appraisals must
be less than six months old prior to submittal of the loan application to the Community
Development Department. Appraisals of other assets, such as equipment and machinery,
may be required if values are questionable. Appraisals must be prepared by either a
certified appraiser or by a third party with sufficient knowledge and expertise. The
requirement of an appraisal may be waived if the applicant can verify the value of the
land and building in some form other than an appraisal and the Loan Review Committee
approves the valuation as being valid and acceptable and such value is sufficient for the
amount of loan requested. Loan applicant is responsible to pay appraisal fee up front. If
the bank has already requested an appraisal for their approval process, this appraisal may
be used by the Community Development Department.
Environmental Reviews
All construction projects will be reviewed for their impact on floodplains, wetlands,
endangered species, water supplies, wastewater treatment and other environmental
factors (MEPA/NEPA).
No project that will have unmitigated harmful impact on the environment will be
approved. The environmental review process will consist of the following steps:
Step #1: Each project proposed for assistance will be screened relative to
.environmental concerns.
Step #2: A permanent record of that screening process will be maintained for each
project.
Standard Collateral Requirements
1. All loans must be adequately collateralized.
2. Title insurance will be required when land and buildings are included in the
collateral for a loan.
3. Life and disability insurance on the principals will also be required for
proprietorships, partnerships and closely held corporations.
4. All borrowers must carry insurance on assets pledged for collateral, such as
buildings and equipments, in an amount no less than 80% of replacement
value.
5. The City of Kalispell will require security agreements for each loan and
UCC financing statements will be filed in every case where equipment,
machinery, accounts receivable, inventory and other assets are pledged as
collateral.
5
6. Personal guarantees will be required from individuals who own more than
twenty percent of the outstanding stock of a corporation. Personal
guarantees (full or limited, secured or unsecured) may be secured from the
officers and directors of closely held corporations if necessary.
Standard Equity Requirements
1. Generally borrowers should have a debt/equity ratio no larger than 5 to 1.
2. For new businesses, the equity requirement must be in the form or cash or
equivalent.
3. Existing business seeking financing for expansion or working capital
must demonstrate a debt/equity ratio of no more than 5 to 1 after the
financing has been injected.
Other Requirements
1. Relocation; If CDBG funds are used, these funds cannot be used to move a
company within the State. Use of federal funds will not be allowed for business
relocation from one state to another. However consideration will be given to a
business that has sufficient written evidence describing the need for relocation.
2. Flood Hazard Insurance: Prior to approval of any project in a designated flood
hazard area, the borrower will be required to obtain Flood Hazard Insurance,
which must be in effect prior to the disbursement of funds.
3. Civil Rights: The City of Kalispell will assure equal opportunity in its lending
practices by advertising loan opportunities, contacting existing minority businesses
in the area and disseminating information to local minority organizations. The
Community Development staff will also inform local lenders about the availability
of the loan programs and its guidelines. The City of Kalispell will insure that
borrowers do not discriminate against employees or applicants for employment by
including in each application a statement of compliance with all applicable state
and federal laws and regulations. The City of Kalispell will monitor the
employment practices of approved borrowers on a regular basis, but not less than
annually. Periodic checks may be made to verify that the project hiring and
training plan is being implemented properly. Complaints alleging discrimination
will be referred to the Montana Human Rights.
4. Commission: No applicant will be denied a loan on the basis of race, color,
national origin, religion; age, handicap or sex.
5. Access for the Handicapped: If the proposed borrower requests financing for a
construction project that will have public access, assurances of accessibility for the
handicapped must be provided.
6. Davis Bacon: In the event funds will be used for construction purposes subject to
Davis -Bacon and Federal Labor Standards requirements, appropriate procedures
will be followed to comply with these laws.
Loan Write -Up
When an application submitted to The Community Development Department is
determined complete, the Community Development staff will prepare a loan write-up,
which will be submitted to the Economic Development Loan Review Committee at least
one week before the Committee meets to consider the loan request. The loan write-up
will include a narrative discussing how the proposed gap financing does not replace
lender financing sources. All other pertinent documents supporting the loan request will
2
be presented to the review committee. The loan write-up will also explain how the
proposed project meets the criteria for assistance from the applicable loan fund and
summarize the anticipated benefits (job creation and retention, tax base, indirect benefits
to other businesses, etc.). All borrowers will receive a written notice of the loan decision.
If the loan is denied, the reasons for denial will be clearly stated and borrowers will be
informed of their appeal rights.
Loan Ranking of Applications
Each Revolving Loan Fund application for assistance will be ranked in five categories, a
Best ranking will equal 5 points; an Average ranking will equal 3 points; and a Poor
ranking will equal I point. Any application receiving less than an "Average" score in a
category is ineligible for the benefits of this program and will be rejected.
1. Business proposal is appropriate for the City and this program.
Best = 5 Average = 3 points Poor = 1 point.
2. Business proposal is financially feasible.
3. Number of jobs created or retained.
Greater than 10 jobs = 5 points
Between and including 5 and 10 jobs = 3 points
Less than 5 jobs = 1 point
4. All jobs created will be at Montana Living Wage = 5 points
Between and including 5 to 10 jobs at Montana Living Wage_= 3 points
Less than 5 jabs at Montana Living Wage = I point
5. Cost per job.
Less than or equal to $15,000/jobs = 5 points.
$15,001— $25,000 = 3 points.
$25,001 plus = 1 point.
6. Percent benefit to Low and Moderate Income (LMI) Persons, (only when
CDBG funds are used).
80% - 100% = 5 points.
60% - 79% = 3 points.
51 % - 59% = 1 point.
Note: Compute by dividing the number of jobs created for and or retained by
LMI persons by the total number of jobs created and/or retained.
7. Area economic impact: Project which has the broadest potential for impact
on other area businesses, or real estate values, or school enrollments or
agriculture etc, will be given a "Best = 5 points".
7
Other applications will be ranked against the best application, with the next best receiving
an "Average = 3 points".
Within 60 calendar days from the application deadline, the Committee will provide a
written evaluation of each loan application, accompanied with a recommendation for loan
approval or rejection.
it �• � r r ,.� r ,.
General Closing Requirements
Upon approval of the loan by The Economic Development Loan Review Committee,
staff will prepare the loan agreement, a draft of which will be submitted to the City
Attorney for review. The loan agreement will describe the document needed to confirm
equity capital injection and private lender financing. Equity capital will be evidenced by
a balance sheet and in the case of subordinated notes, the applicable agreements.
Depending on the circumstance, independent confirmation of the balance sheet may be
required. Private lender financing will be evidenced by a binding commitment letter.
When the loan approval is signed, a loan closing date will be scheduled.
Loan Closing Documentation Requirements
1. A list of all required loan documents will be provided to the borrower prior
to loan closing.
2. Lien and title searches will be completed prior to loan closing and execution
of security documents.
3. City of Kalispell will file all pertinent documents to perfect the City's lien
position, immediately upon loan closing.
4. The following is a list of STANDARD closing documents but not limited to
to the following:
Promissory Note
Amortization Schedule
Hiring and Training Plan (if needed)
Trust Indenture/Mortgage
Security Agreement
UCC Financing Statement
Personal Guarantee
Federal Labor Standards
IIRV
WitWilm 9 :7Tt IT► ' : lZ+i1 ilil'.iFy
Loan Files and Documentation
Economic Development Revolving Loan Fund loan files will contain the following
information:
a. Completed loan application with attachments and information
release form.
b. Loan write-up and minutes of Economic Development Loan Review
Committee and Community Development meetings at which the loan was
discussed.
c. Borrower eligibility analysis.
d. Conflict of interest statements signed by each Loan Review Committee
member.
e. Loan Agreement, with correspondence from attorney regarding the
agreement.
f. Environmental assessment.
g. Documentation of other project financing.
h. Historical and current financial statements and tax returns.
i. Personal financial statements (required for personal guarantors and all
individuals signing the promissory note.
j. General correspondence and copies of newspaper articles related to the
project.
k. Loan closing statement and summary of loan processing expenses (i.e.,
legal fees, title insurance, filing costs, etc.).
1. Copy of promissory note.
Loan Disbursement Requirements
Borrowers must prepare a request for loan funds that describes the use of the funds
requested along with attached supporting documentation. The loan agreement will
describe any special requirements governing the disbursement of loan funds, especially as
related to working capital and construction loans.
Loan Payment and Collection
Borrowers will make monthly payments to City of Kalispell in accordance with the
promissory note executed at loan closing. All loan payments will be deposited
immediately into the RLF account.
Past due payments will be assessed at a 5% late fee, or $25 whichever is less. Fee will be
assessed 10 days after due date ofthe loan payment.
Loan Monitoring
1. All borrowers must submit audited financial statements, consisting of a
balance sheet, income statement and annual tax return to the Community
Development annually.
2. New borrowers will be required to submit monthly financial statements for the
first 6 to 8 months.
3. The Community Development Department will receive copies of all insurance
notifications sent to borrowers.
4. UCC filings will be renewed every five years. The collateral backing a loan
will be assessed every three years.
5. The Community Development staff will visit the site of each borrower at least
twice a year and conduct an annual loan review.
Late Payment Administrative Follow-up
Tf payment is not received within 30 days, Community Development staff will meet with
the borrower to assess the situation. Loans that are over 90 days in arrears will be
declared in default and appropriate recovery action will be taken if the loan is not brought
9
current. If the borrower request postponement of the payment obligation, the request will
be submitted to the Loan Review Committee immediately.
Write -Offs
In the event all efforts to bring a loan current fail and a default is declared by the Loan
Review Committee, it will be recommended to write-off the loan when all possible value
from loan collateral has been realized. The amount lost, if any, on the loan will be
determined and will be withdrawn from the loan loss reserve to restore the base capital of
the loan fund.
Compliance Procedures
Prior to submitting the annual RLF Report, the Community Development Director will
conduct an internal review to ensure compliance with all grant requirements and to assess
the effectiveness of ongoing monitoring efforts. Corrective actions, if needed, will be
discussed with the City Council when the Annual Report is completed.
Community Development staff will publicize the availability of the loan programs
through the local news media, brochures and public meetings. Visits will be scheduled
with area lenders, accountants, chambers of commerce, local government officials and
civic groups to explain the program.
The administrative cost of the loan fund programs will be provided from interest earned
on loans, loan service fees, income generated by contracted services and general
administrative funds already available to the City. The City Council will approve an
administrative budget for the organization prior to the beginning of each fiscal year. The
Community Development Director and Redevelopment Manager will prepare the
proposed budget. - -
10
BY-LAWS / �y
Flathead Emergency Communications Center (FECC) Board
Flathead County, Montana
ARTICLE I — Name
The official name of this entity is the Flathead Emergency Communications Center Board (hereinafter,
the FECC Board).
ARTICLE II — Purpose and Powers
The Administrative Board was created in April 2009 to fulfill the requirement outlined in the Interlocal
Agreement which was executed by Flathead County, the City of Columbia Falls, the City of Kalispell,
and the City of Whitefish.
The FECC Board shall:
1. Adopt and approve By -Laws to govern its proceedings;
2. Adopt administrative policies to govern FECC staff rights, salary schedules, fringe benefits, and
such other matters as may be proper and necessary to the efficient and harmonious operation of
the FECC.
3. Hire a director, in conjunction with the Board of Commissioners of Flathead County, pursuant to
the provisions of the Interlocal Agreement.
4. Appoint members to and approve the by-laws of an Operations Board.
5. Appoint up to two (2) public at -large members to and approve the by-laws of an Advisory
Committee, pursuant to the provisions of the Interlocal Agreement.
a. The at -large members will be appointed from a list of applicants.
b. The FECC Board shall give notice of and seek applications for the at -large positions by
article in the newspaper at least 30 days before filling the positions.
c. At -large members will serve two (2) year terms.
6. Appoint members to and approve the by-laws of a Funding Committee, pursuant to the provisions
of the Interlocal Agreement;
ARTICLE III — Membership
The FECC Board shall be composed of the following members:
I . Flathead County Sheriff (alternate: Undersheriff);
2. a Flathead County Commissioner chosen by the Flathead Board of County Commissioners
(alternate: another Flathead County Commissioner);
3. the Flathead County Attorney (alternate: a Flathead County Official); and
4. each of the cities of Columbia Falls, Kalispell, and Whitefish shall designate an elected official
(alternate: another Official from that city).
ARTICLE IV — Officers
Rev. 9/14/11
Rev. 4/13/11
Orig. 8/12/09
The FECC Board shall elect at its first meeting each calendar year a Presiding Officer, a Vice
Chairperson, and such other officers as it may deem best and advisable. The Chairperson shall conduct
the meetings and assume such other functions as the members shall determine are necessary.
ARTICLE V — Meetings and Quorum
1. Regular meetings of the FECC Board shall be held quarterly at 1:15 p.m. on the second Wednesday of
January, April, July, and October of each year at the FECC, unless otherwise directed by the Presiding
Officer.
2. Special meetings of the FECC Board may be called by the Chairperson or any two (2) FECC Board
members, with at least two days' written notice given to each member. E-mail notification for members
with access to e-mail shall be deemed sufficient written notice.
3. A quorum for both regular and special meetings shall consist of a simple majority of members (or their
alternates) of the FECC Board members.
4. An agenda for each regular meeting, prepared by the Director in coordination with the Presiding
Officer, shall be mailed or e-mailed to each FECC Board member, and made available for public viewing
on the 911 website at least one week prior to each regular meeting. For special meetings, an agenda shall
be mailed or e-mailed to each FECC Board member and made available for public viewing on the 911
website with the required two-day written notice of the special meeting.
ARTICLE VI — Parliamentary Authority
The rules contained in Roberts Rules of Order shall govern the FECC Board for all matters not covered in
- - - -these By -Laws.
ARTICLE VIII — Amendments
These By -Laws may be amended at any regular meeting of the FECC Board by a majority vote, notice
having been given at least two weeks prior to that meeting.
Adopted by the FECC Board on August 12, 2009.
Amended by the FECC Board on September 14, 2011.
Vice Chairperson
(Vice Chairperson Signature on behalf of the Board in the absence of the Chair)
Rev. 9/14/11
Rev. 4/13/11
Orig. 8/12/09
Kalispell.Com - City of Kalispell - Mayor and City Council - Impact... http://www.kalispell.com/mayor_and_city_council/impact fee_comm..
Impact Fee Committee
Current Members Term Ends
VACANT
4/30/2016
Jason Mueller
4/30/2016
VACANT
4/30/2015
Larry Sartain
4/30/2015
Jeff Zauner
4/30/2014
Chad Graham
4/30/2014
Rick Wills
(Interim CPA)
Creation
Resolution Nos. 5062 and 5093.
Purpose
To review and monitor the process of calculating, assessing, and
spending impact fees.
Membership
The committee shall consist of a maximum of seven members and shall
have at least one representative of the development community and
one certified public accountant.
Term
Three-year terms to be staggered.
Residency Requirements
Members must be either property owners, residents, or actively
engaged in business or employment within the Kalispell city limits.
For More Information
Contact Terri Loudermilk at 758-7722.
1 of 1 11/19/2013 3:12 PM
RESOLUTION NO.5062
A RESOLUTION OF INTENT TO FORM AN IMPACT FEE ADVISORY COMMITTEE
PURSUANT TO THE STATUTORY REQUIREMENTS OF THE 2005 MONTANA
SESSION LAWS 299.
WHEREAS, the Montana State Legislature passed Senate Bill 185 [2005 Montana Session Laws
299] which establishes the requirements of the utilization of impact fees by local
governments; and
WHEREAS, the City of Kalispell currently utilizes system development fees in its water and
wastewater utilities, which must now be reviewed and ratified pursuant to the
requirements of the statute; and
WHEREAS, the City of Kalispell should consider the utilization of impact fees to assist in paying
for the increasing costs of storm water, transportation, police, fire and parr services
impacted by the demands of growth; and
WHEREAS, the City is required, by the terms of Senate Bill 185, to establish and appoint an
Impact Fee Advisory Committee to review and monitor the process of calculating,
assessing, and spending impact fees and to appoint to this committee at least one
representative of the development community and one certified public accountant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. An .impact Fee Advisory Committee shall'be formed to review and monitor the
process of calculating, assessing, and spending impact fees and shall make
recommendations_ to City Council. The committee_ shall consist of seven_ (7)
members who are either, property owners, residents, or actively engaged in
business or employment within the Kalispell city limits, appointed to
staggered terms of three (3) years and shall have at least one representative of
the development community and one certified public accountant. Notice of
the formation of the committee shall be published and statements of interest
shall be invited to be submitted to the City Clerk. The Mayor, with Council's
consent, shall appoint the committee at the October 17, 2005 regular council
,meeting.
PASSED AND APPROVED BY THE CITY COUNCI IGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 19TH DAY OF SEPT; BER, 05.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa 'White
City Clerk
RESOLUTION NO.5093
A RESOLUTION AMENDING RESOLUTION 5062, THE IMPACT FEE ADVISORY
COMMITTEE.
WHEREAS, Resolution 5062 was passed pursuant to State Law on September 19, 2005, and
WHEREAS, Resolution 5062 called for seven (7) Impact Fee Advisory members, who are
either property owners, residents, or actively engaged in business or employment
within the Kalispell city limits, and
WHEREAS, after advertising the availability of seats on the Impact Fee Advisory Committee a
number of times and not succeeding in finding seven (7) members, the City
Council now amends the number of committee members to a maximum of seven
(7)•
NOW, THEREFORE, BE IT RESOLVED BY T13E CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section I. of Resolution 5062 is hereby amended to read as follows: Ail
Impact Fee Advisory Committee shall be formed to review and monitor
the process of calculating;, assessing, and spending impact fees and shall
make recommendations to City Council. The committee shall consist of a
maximum of seven (7) members who are either, property owners,
residents, or actively engaged in business or employment within the
Kalispell city limits, appainted to staggered terms of three (3) years and
shall have at least one representative of the development community and
one certified public accountant. Notice of the formation of the committee
shall be published and statements of interest shall be invited to be
submitted to the City Clerk. The Mayox, with Councit's wnsent, shatt
appoint committee members at the March 6, 2006 regular council meeting.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 21ST DAY OF FEBRUARY, 2006.
Pamela B. Kennedy
Mayor
ATTEST :
Theresa White
City Clerk
Kalispell.Com - City of Kalispell - Mayor and City Council - Parkin... http://www.kalispell.com/mayor_and_city_council/parldng_comrniss...
Parking Advisory Board
Current Members
Term Ends
VACANT
4/30/2015
Janet Clark
4/30/2016
Mark Pirrie
4/30/2016
Joel Schoknecht
4/30/2016
VACANT
4/30/2014
Creation
Ordinance 1709.
Purpose
To provide advice and recommendations to the Kalispell City Council
regarding on street and off street parking.
Membership
The Parking Advisory Board shall be composed of five members.
Term
Four-year terms to be staggered.
Residency Requirements
Members must be electors of the City of Kalispell or own real property
within the limits of the City of Kalispell.
For More Information
Kalispell Police Department - (406) 758-7711
1 of 1 11/19/2013 3:12 PM
ORDINANCE NO.1709
:, , .owl, , Lei Ims All
WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA, the Kalispell Parking Commission
was established on the 21" day of June, 1993 by Resolution No. 4105 and the
Special Parking District No. 2 was established on the 19th day of July, 1993 by
Resolution No. 4110; and
WHEREAS, city staff and the Kalispell Parking Commission are jointly recommending that
critical cost savings will likely be realized by dissolving the Commission,
assuming those functions under the Kalispell Police Department and creating a
Parking Advisory Board to provide advice and recommendations regarding on
and off street parking to the Kalispell City Council; and
WHEREAS, pursuant to MCA 7-14-4616 the Kalispell City Council has the authority to wind
up the affairs of the Kalispell Parking Commission and to assume its functions
and obligations; and
WHEREAS, the Kalispell City Council hereby finds that the Kalispell Parking Commission
has no outstanding financial obligations in the form of debt or duties, that the off
street parking facilities are owned by the City of Kalispell, that savings may be
realized by bringing the functions of the Commission into the Kalispell Police
Department and that a parking advisory board will provide a similar benefit to the
City as provided by the Commission.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I. The Kalispell Parking Commission established by Resolution No. 4105 is
hereby dissolved and the Special Parking District No. 2 established by
Resolution No. 4110 is hereby terminated. All references in the Kalispell
City Code to the Kalispell Parking Commission in terms of enforcement
shall be replaced by Kalispell City Police Department.
SECTION II. A five (5) member Parking Advisory Board shall be established to provide
advice and recommendations to the Kalispell City Council regarding on
street and off street parking, said board to meet as necessary. The
personnel currently serving on the Commission shall continue to serve on
the Advisory Board until May 1, 2012. The Kalispell City Council shall
solicit letters of interest annually from City residents and owners of
businesses located in the City to fill the five seats with terms running from
May 1s` to April 30".
SECTION III. This Ordinance shall be effective thirty (30) days from and after the date
of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 19TH DAY OF DECEMBER, 2011.
Tam mi. Fisher
Mayor
ATTEST:
Theresa White
City Clerk
O !
A RESOLUTION DECLARING A NEED FOR A PARKING COMMISSION TO FUNCTION
IN THE CITY OF KALISPELL, MONTANA, AND DECLARING A JURISDICTIONAL
AREA WHEREIN SAID PARKING COMMISSION IS AUTHORIZED TO FUNCTION. man
WHEREAS, Section 7-14-4601, MCA determines that excessive
curb parking and lack of adequate off-street parking
facilities in cities is against the public interest, and
WHEREAS, Title 7, Chapter 14, Part 46, Montana Code
Annotated, provides a means by which cities may regulate on -
street and off-street parking in a coordinated manner, and
WHEREAS, the City of Kalispell considers it desirable to
create a Parking Commission to operate under the authority of
Title 7, Chapter 14, Part 46, Montana Code Annotated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS
SECTION I. That there exists a need for the City of
Kalispell to exercise the powers granted in
Title 7, Chapter 14, Part 46 Montana Code
Annotated, through the appointment of a
Parking Commission.
,SECTION 11. That the Parking Commission appointed pursuant
to this Resolution shall have the authority
granted to parking.commissions under Title 7,
Chapter 14, Part 46 Montana Code Annotated,
within the jurisdictional arear hereinafter
described in Exhibit "A", attached hereto and
thereby made a part hereof.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
KALISPELL, MONTANA THIS 21st DAY OF JUNE, 1993.
Douglag D. Rauthe - Mayor
Attest:
Finan a Director
AMID]
EXHIBIT IBA"
Beginning at the North Boundary of Center Street at the
Westerly intersection with 3rd Avenue West, thence,
along the North Boundary of Center Street, Easterly, to the
intersection with the Easterly Boundary of 3rd Avenue East,
thence,
along the Easterly Boundary of 3rd Avenue East, Southerly, to
the intersection with the Southerly Boundary of 5th Street,
thence,
along the Southerly Boundary of 5th Street, Westerly, to the
intersection with Westerly Boundary of 3rd Avenue West,
thence,
along the Westerly Boundary of 3rd Avenue West to the
intersection with the North Boundary of Center Street,
the Point of Beginning.
G
Kalispell.Com - City of Kalispell - Mayor and City Council - Plannin... http://www.kalispell.com/mayor_and_city_council/planning_board.php
Planning Board
Current Members
Term Ends
Rory Young (County)
4/30/2015
Phillip Guiffrida
Council Term
Chad Graham, President
4/30/2015
Ken Hannah
4/30/2014
Matt Regier
4/30/2014
Richard Griffin
4/30/2014
Charles Pesola, Vice President
4/30/2014
Creation
Montana Code Annotated 76-1-221 through 224.
Purpose
To improve the present health, safety, convenience, and welfare of
Kalispell citizens and to plan for the future development of the
community to the end that highway systems be carefully planned; that
new community centers grow only with adequate highway, utility,
health, educational, and recreational facilities; that the needs of
agriculture, industry, and business be recognized in future growth; that
residential areas provide healthy surroundings for family life; and that
the growth of the community be commensurate with, and promotive, of
the efficient and economical use of public funds.
Membership
Not less than seven members as follows:
• One member appointed by the City Council from its membership.
• One member appointed by the City Council, who may in the
discretion of the City Council be an employee or hold public office
in the City or County in which the City is located.
• One member appointed by the Mayor as designated by the County
Commissioners.
• Four citizen members to be appointed by the Mayor, two of whom
shall be resident freeholders within the urban area, if any, outside
of the city limits, and two of whom shall be resident freeholders
within the city limits.
Term
Two-year terms to be staggered. The City Council member term shall
coincide with his/her term as a Council member.
Residency Requirements
See Membership section.
For More Information
Contact )Planning.
1 of 1 11/19/2013 3:12 PM
76-1-221. Membership of city planning board.
Page 1 of 1
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76-1-221. Membership of city planning board. (1) A city planning board shall
consist of not less than seven members to be appointed as follows:
(a) one member to be appointed by the city council from its membership;
(b) one member to be appointed by the city council, who may in the discretion of
the city council be an employee or hold public office in the city or county in which the
city is located;
(c) one member to be appointed by the mayor upon the designation by the county
commissioners of the county in which the city is located;
(d) four citizen members to be appointed by the mayor, two of whom shall be
resident freeholders within the urban area, if any, outside of the city limits over which
the planning board has jurisdiction under this chapter and two of whom shall be
resident freeholders within the city limits.
(2) The clerk of the city council shall certify members appointed by its body. The
certificates shall be sent to and become a part of the records of the planning board. The
mayor shall make similar certification for the appointment of citizen members.
History: (1)En. Sec. 4, Ch. 246, L. 1957; amd. Sec. 1, Ch. 271, L. 1959; Sec. 11-3804, R.C.M.
1947; (2)En. Sec. 7, Ch. 246, L. 1957; Sec. 11-3807, R.C.M. 1947; R.C.M. 1947, 11-3804(part), 11-
3807.
Provided by Montana Legisiative Services
httt):HleR.mt.Rov/bills/mca/76/l/76-1-22I.htm 11/19/2013
76-1-222. City council member of city planning board.
Page 1 of 1
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76-1-222. City council member of city planning board. (1) As soon as the city
council has enacted an ordinance creating a city planning board, the city council shall
select a member of its body to serve on the planning board. The term of the appointed
member must be coextensive with the term of office to which the member has been
elected or appointed unless the council, on its first regular meeting of each year,
appoints another to serve as its representative or unless the member's term is terminated
as provided in this part.
(2) The city council shall fill any vacancy occurring in its respective membership on
the planning board.
History: En. Sec. 6, Ch. 246, L. 1957; R.C.M. 1947, 11-3806; amd. Sec. 2511, Ch. 56, L. 2009.
Provided by Montana iergisiative Services
http://Ieg.mt.gov/bills/mca/76/l/76-1-222.htm 11/19/2013
76-1-223. County representative for city planning board. Page 1 of 1
Preuous Section MCA Contents Part contents Search Help Text Section
76-1-223. County representative for city planning board. When a city council
has enacted an ordinance creating a city planning board or when a vacancy occurs in
the county's membership on the city planning board, the board of county
commissioners of the county in which the city is located shall within 45 days designate
a representative of the county to the mayor of the city for appointment to the city
planning board. This representative may be a member of the board of county
commissioners or an officeholder or employee of the county. The mayor may not reject
or refuse to appoint to the city planning board a representative designated by a board of
county commissioners as provided in this section, but if the county fails to designate a
representative, then the mayor may appoint as a representative of the county a person
of the mayor's own choosing and at the mayor's sole discretion.
History: En. Sec. 14, Ch. 246, L. 1957; R.C.M. 1947, 11-3814; amd. Sec. 2, Ch. 266, L. 1979;
amd. Sec. 1, Ch. 269, L. 2003.
Provided ,by Montana Legislabve Services
htti)://Ieg.mt.gov/bills/mca/76/l/76-1-223.htm 11 /19/2013
76-1-224. Citizen members of city planning board.
Page 1 of 1
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76-1-224. Citizen members of city planning board. (1) The citizen members shall:
(a) be qualified by knowledge and experience in matters pertaining to the
development of the city; and
(b) hold no other office in the city government.
(2) Any citizen appointee may be removed from office by a majority vote of the
governing body of the city.
History: En. Sees. 8, 13, Ch. 246, L. 1957; amd. Secs. 3, 5, Ch. 247, L. 1963; R.C.M. 1947, 11-
3808, 11-3813; amd. Sec. 3, Ch. 266, L. 1979.
Provided by Montana Legislative Services
http://Ieg.mt.gov/bills/mca/76/l/76-1-224.htm 11 /19/2013
[ORV011MRX4 al►ti�fl 3
AN ORDINANCE MAKING THE EXISTING INTERIM KALISPELL CITY PLANNING
BOARD AND ZONING COMMISSION A PERMANENT ENTITY.
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
WIiEREAS, 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 expired on March 26, 2002, which necessitated an extension of an
additional 90 days; and
WHEREAS, Ordinance No.1414 was passed on March 18, 2002, extending the Interim Kalispell
City Planning Board, establishing an immediate effective date and limited 90 day
duration; and
WHEREAS, that 90 day period expired on June 18, 2002, which necessitated an extension of an
additional 90 days; and
WHEREAS, Ordinance No.1429 was passed on July 1, 2002, extending the Interim Kalispell City
Planning Board, establishing an immediate effective date and limited 90 day
duration; and
WHEREAS, it is in the best interest of the City that the current interim planning board and zoning
commission be made a permanent entity pursuant to the requirements of Title 76 of
the Montana Code; and
WHEREAS, pursuant to MCA 76-1-221, the terms of the individual members should be
established so that a minimum number of terms shall expire in any year.
NOW r r BY THE CITY COUNCIL
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. The current interim Kalispell City Planning Board and Zoning
Commission is hereby established as a permanent entity pursuant to
the requirements of Title 76 of the Montana Code.
SECTION II. The city member positions currently filled by Bill Rice and Mary
Brechel shall expire on December.31, 2002 and such positions shall
be appointed thereafter as two year terms. The city member positions
currently filled by Ron Van Natta, Sue Ellyn Anderson and Bonnie
Spooner shall expire on April 30, 2004 and such positions shall be
appointed thereafter as two year terms. The county member position
shall expire on December 31, 2002 and such position shall be
appointed thereafter as a two year term. The city council member
position shall run concurrently with the elected term of the city
council member.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the
date of its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 19TH DAY OF
ATTEST:
-1414
Theresa White
City Clerk
Kalispell.Com - City of Kalispell - Mayor and City Council - Police... http://www.kalispell.com/mayor_and_city_council/police_conunissi...
Police Commission
Current Members
Term Ends
Sam Herbert
4/30/2014
Barbara Truckner
4/30/2015
Doc Harkins
4/30/2016
Creation
Montana Code Annotated, 7-32-4151, and Kalispell Municipal Code §
22-9 through § 22-11.
Purpose
To assist the City of Kalispell in establishing a hiring process for the
police force, and to examine all applicants for the police force. Also, to
serve as a grievance board for all matters related to discipline for all
sworn police officers.
Membership
The Mayor shall nominate, and with the consent of the City Council,
appoint three residents of such city or town who shall have the
qualifications required by law to hold a municipal office therein and who
shall constitute a board to be known by the name of "police commission"
who shall hold office for three years.
Term
Three years.
Residency Requirements
Members must be residents of the City of Kalispell.
For More Information
Contact Police Department.
1 of 1 11/19/2013 3:12 PM
7-32-4151. Police commission required in all cities and some towns. Page 1 of 1
PretiAOUs Sect or) MCA Contents Part Contents Search Help Next Sectior)
7-32-4151. Police commission required in all cities and some towns. (1) In all
cities and some towns, the mayor, or the manager in those cities operating under the
commission -manager plan, shall nominate and, with the consent of the city council or
commission, appoint three residents of such city or town who shall have the
qualifications required by law to hold a municipal office therein and who shall
constitute a board to be known by the name of "police commission".
(2) This section shall apply to organized police departments in every city and town
of the state which have three or more full-time law enforcement officials, regardless of
the form of government under which said city or town may be operating or may at any
time adopt.
History: En. Sec. 4, Ch. 136, L. 1907; Sec. 3307, Rev. C. 1907; re -en. Sec. 5098, R.C.M. 1921;
amd. Sec. 1, Ch. 119, L. 1923; re -en. Sec. 5098, R.C.M. 1935; amd. Sec. 1, Ch. 96, L. 1939; amd.
Secs. 4, 5, Ch. 152, L. 1947; amd. Sec. 1, Ch. 194, L. 1975; R.C.M. 1947, 11-1804(part).
Provided .by Mantana Legislative Services
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22-9 Police Commission; Composition, Appointment, Term. Page 1 of 1
Chapter 22 POLICE DEPARTMENT
22-9 Police Commission; Composition, Appointment, Term.
The Mayor shall nominate and with the consent of the City Council appoint three (3) residents of the City,
who shall have the qualifications required by law to hold a municipal office therein, and who shall constitute a
board to be known by the name of Police Commission, who shall hold office for three (3) years. One such
member must be appointed annually, at the first regular meeting of the City Council in may of each year;
provided, that at the first meeting of the City Council after the passage and approval of this section, the
Mayor, subject to the approval of the Council, shall appoint three (3) members of such Police Commission,
one to serve until the first regular meeting of the Council in May 1940, one to serve until the first regular
meeting of the Council in May 1941, and one to serve until the first regular meeting of the Council in May
1942, and until the appointment and confirmation of their successors. The members of the board shall receive
as compensation the sun of five dollars ($5.00) while in attendance at meetings of the board and shall not be
paid for more than one meeting in any one month. (R.O. 1947 § 32)
http://gcode.us/codes/kalispell/view.php?topic=22-22_9&frames=on 11/19/2013
22-10 Police Commission; Examinations for Applicants for Police Force. Page 1 of 1
eta;:=`;.4pefl Mug kcs ai bode
Chapter 22 POLICE DEPARTMENT
22-10 Police Commission; Examinations for Applicants for Police Force.
It shall be the duty of the Police Commission to examine all applicants for positions on the police force as to
their age, legal, mental, moral and physical qualifications, and their ability to fill the office as a member of the
police force. It shall also be the duty of the Police Commission, subject to the approval of the Mayor, to make
such rules and regulations regarding such examinations not inconsistent with this chapter or the laws of the
State. Any applicant who shall make any false statement to the Police Commission as to his or her age or other,
qualifications required, at his or her examination before the Police Commission, shall be subject to suspension
or dismissal from the police force, after trial. (R.O. 1947 § 33)
http://gcode.us/codes/kalispell/view.php?topic=22-22_10&frames=on 11/19/2013
22-11 Police Commission; Duties and Powers Relating to Suspension or D... Page 1 of 2
KaHTell MLAnichp l Cone
Chapter 22 POLICE DEPARTMENT
22-11 Police Commission; Duties and Powers Relating to Suspension or Discharge of Policemen;
Procedure.
A. Procedure: The Police Commission shall have the jurisdiction, and it shall be its duty, to hear, try
and decide all charges brought by any person against any member or officer of the Police Department,
including any charge that such member or officer is incompetent, or by age or disease, or otherwise has
become incapacitated to discharge the duties of his or her office, or has been guilty of neglect of duty, or
of misconduct in his or her office, or has been found guilty of any crime, or whose conduct has been
such as to bring reproach upon the police force. Any charge brought against any member of the police
force must be in writing in the form required by the Police Commission and a copy thereof must be
served upon the accused officer or member at least three (3) days before the time fixed for the hearing of
such charge. It is the duty of the Police Commission at the time set for hearing a charge against a police
officer, to forthwith proceed to hear, try and determine the charge, according to the rules of the Police
Commission. The accused shall have the right to be present at the trial in person and by counsel, and to
be heard, and to give and furnish evidence in his or her defense. All trials shall be open to the public.
The chairman, or acting chairman, of the Police Commission, shall have power to issue subpoenas,
attested in its name, to compel the attendance of witnesses at the hearing and any person duly served
with a subpoena is bound to attend in obedience thereto. The Police Commission shall have the same
authority to enforce obedience to the subpoena, and to punish the disobedience thereof, as is possessed
by a judge of the District Court in like cases.
B. Decision: The Police Commission must, after the conclusion of the hearing or trial, decide whether
the charge was proven or not proven and shall have the power, by a -decision of a majority of the
Commission, to discipline, suspend, remove or discharge any officer who shall have been found guilty of
the charge filed against him or her. Such action of the Police Commission shall, however, be subject to
modification or veto by the Mayor made in writing, giving the reasons therefor, which shall become the
permanent record of the Police Commission. The findings and decisions of the Police Commission shall
be final and conclusive unless modified or vetoed by the Mayor, within five (5) days from the date of the
filing of such findings and decision with the City Clerk. When a charge against a member of the police
force is found proven by the Board, and is not vetoed by the Mayor, the Mayor must make an order
enforcing the decision of the Board, or if modified by the Mayor, then such decision as modified. Such
decision or order shall not be subject to review by any court on a question of fact. The District Court of
the proper county shall have jurisdiction, however, in a suit brought by an officer or member of the
police force, to determine whether the essential requirements of law as to the method of trial have been
complied with, but no suit to review such hearing or trial or for reinstatement to office shall be
maintained unless the same is begun within a period of sixty (60) days after the decision of the Police
Commission or order of the Mayor has been filed with the City Clerk, and in no case shall any officer or
member who has been suspended or discharged, or placed upon the eligible list, be entitled to any salary
or other emoluments of office, during the period of suspension, or during the time he or she remains
upon the eligible list, or from the date of his or her discharge by the Police Commission or the Mayor, to
the time of his or her reinstatement if the court should finally find he or she was entitled to be reinstated.
No court shall have jurisdiction to hear or determine any question or controversy concerning the salary
or compensation of any member of the police force now or hereafter accrued, except for services actually
rendered. In no case shall any officer or member of the police force, be discharged without hearing or
trial before the Police Commission, as herein provided. The Mayor or Chief of Police, subject to the
http://gcode.us/codes/kalispell/View.php?topic=22-22_11&frames=on 11/19/2013
22-11 Police Commission; Duties and Powers Relating to Suspension or D... Page 2 of 2
approval of the Mayor, shall have the power in all cases, to suspend a police officer, for a period of not
exceeding ten (10) days in any one month, with right of appeal to the Police Commission, such
suspension to be with or without pay as the order of suspension may determine. (R.O. 1947 § 49)
http://gcode.us/codes/kalispell/view.php?topic=22-22_11&frames=on 11/19/2013
171 'y
June 28, 2011
AMENDED BY-LAWS
OF THE,
130ARD OF DIRECTORS
FLATHEAD COUNTY SOLID WASTE DISTRICT
Article I
The Flathead County Board of Commissioners, by Resolution N-timber 89 on June 22, 1970,
created the Flathead County Refuse Disposal District. T.he Board of County Conannissioners
recreated the District on July 24, 2007 by the adoption of Resolution No. 1205 C. The
District is known as the Flathead County Solid Waste Management District. The operation
of the Flathead County Solid Waste Management District is now governed by Sections 7-
11-1021through 7-11-1029—MCA. Section 7-11-1021 (1) provides that the district maybe
operated by an appointed board. These By -Laws provide the procedures for the Board..
Article 11
Membership: The Board. shall consist of seven members appointed by the Flathead
County Board of Commissioner,,;. as follows:
(a) one member of the Board of Commissioners shall be appointed by the Board
of Commissioners;
(b) one member Who is a resident of each incorporated City and. has been
nominated by each City shall be appointed by the Board Of COMmissioners;
(c) one member who is nominated by the Flathead City -County Board off-lealth
shall be appointed by the Board of Commissioners; and
(d) two members who are interested citizens shall be appointed by the Board. of
Corn.missioners.
Removal: The Board may request that the Board of Commissioners remove a Board
member by a two-thirds vote of the members of the Board after lie/she has been accorded
opportunity for a hearing upon the removal charges. Grounds for requesting removal from
office shall be the failure to attend three consecutive meetings without substantial excuse for
such non-attendance.
Article III
Officers: Each year, at its regular January or February meeting, the Board will
select one of its inernbers to be the Chair and one member to be the Vice -Chair. The Chair
shall preside at all meetings of the Board and shall sign all official correspondence and
n
documents as may be required of the District from time to time. The Vice -Chair wvill act in
the absence of the Chair.
Article IV
Meetings:
A. Regular Meetings: Regular meetings shall be held on the fourth Tuesday of each
month at a time and place to be determined by the Board. They will be held at
the Landfill office meeting room unless another place is selected and advertised
as the location. A mqjority of the Board shall constitute a quorum for any
meeting.
Robert's rules of Order -shall govern the procedure of all meetings.
The Chair and. the Public Works Director will prepare an agenda for the meeting
and the same shall be provided to the members prior to the meeting.
B. Special Meetings: A special meeting may be called by the Chair and one other
Board Member, or by the call of any three members of the Board. In the Notice
calling such a special meeting, the specific reason :For the special meeting must
Cie explained and the agenda can contain no other matter. Notice of a special
meeting must be in writing signed by the members calling such meeting and the
Notice shall be served personally or by mail upon all other members at least
forty-eight (148) hours prior to the time set for such meeting.,
C. -Notice: Notice of all meetings shall be given in accordance with. Montana's
"Open Meeting Law". See. 2-3-201 et seq. MCA., and State Constitution 11, 9.
Article V
Authority of the Board:
A. Section 7-11-1021 (12) (a), MCA, provides that the specific powers and duties
granted to the board and Those specifically withheld. must be stated. Resolution
1205 C granted and withheld specific powers and duties to the Board:
"The Board of .Directors shall exercise all. powers set forth in
Section 75-10-112 ` MCA', provided however, that decisions
concerning the followintl actions shall. not. take effect until
z:1
approved by the Board of Commissioners:
I. The determination of the wages and salaries to be paid to
Employees of the Solid Waste District, and the lernis of.' contracts
between the Solid Waste District and its employees and collective
bargaining agreements between the Solid Waste District and
employee associations;
2
2. The acquisition, by lease, purchase, or otherwise and disposition,
by lease, sale or otherwise, ofreal. property by the Solid Waste
District, and
3. The adoption of the annual budget of the Solid 'Haste District,"
B. The Board is to authorise the hiring of employees by the Public Works Director
subject to budgetary limitations and. approval by the County Coninlissioners.
C. The Board is to establish by Resolution policies and procedures for the
operation of the District,
D. The Board is to establish an annual budget for the operation of the District for
presentation. to the County Commissioners at the appropriate time for
consideration and review,
E. The Board may exercise any other power as provided by law.
Article VI
Director: The Board and the Board of County Commissioners will jointly employ a
Public Works Director who will be responsible for hiring aild directing g persorinel to carry
out the ffinctions of the Solid Waste District and the Flathead Comity Road and Bridge
Departments. The salary and term of employment of the Public Works Director will be
established by the County Commissioners.
The Public Works Director will be the Secretary of the Board but may designate a
member of his staff to assist him in his duty,
The Public Works Director will administer the financial records of the District, in
coiliunction with the Flathead County Finance Department, and all such records may be
subject to review by the Board. at their request.
The Public Works Director will prepare the agenda for tile regular monthly meetings
of the Board with the approval of the Chair of the Board. The agenda may be amended by
proper motioil. mid passage at the meeting.
The Public Works Director will be required to keep the Board apprised of the
operation of the district.
The Public Works Director ,Aril] be responsible for the operation, maintenance and
security of all property and equipment of the District.
The Public Works Director will. rnake periodic reports to the Board on the status of
the budget of the District :for the current year. Fle will. also prepare a suggested
ested annual
budget for the information of the Board, which will be presented to the County
Corni-iii.ssioners.
3
Article VIT
Amendment: `These By -Lars may be amended at a regular or special. meeting of the
Board. A proposed amendment InUst be presented to the members in writing and a copy
served on each member at ]east flirty -eight (48) hours prior to the meeting at 'i'vilich it will
be presented. If the amendment is accepted, it must be presented for a second reading and
vote at the next regular meeting for fmal adoption or rejection.
We the undersigned, being a quorum of the members of the Board of Directors of
the Flathead County Solid Waste District to hereby assent to the above amended by-lwvs of
the Board and adopt them herewith.
In Witness Thereof, we have hereUntO subscribed our names this 28"' day
of J Line'.. 2011.
ilank Olson, Chair
C"I g Acjoii
4,11
i Dupont
�zh)hn Hetton
Lorin Lowry
/A
Wayne Miller
eAlan RubTy
4
Kalispe?1.Com - City of Kalispell - Mayor and City Council - Street ... http://www.klispell.conVmayor_and_City_council/street tree_conun,.
Street Tree Commission
Current City Members Term Ends
David Jones
4/30/2015
Bette Albright
4/30/2016
Andrea Davidson
4/30/2014
Brock Anderson
4/30/2016
Rebecca Bodnar
4/30/2014
LanceIsaak
4/30/2015
Creation
Ordinances #1086 and #1610.
Purpose
To study the problems and determine the needs of the City of Kalispell
in connection with its tree planting, protection, maintenance and
removal. To assist the properly constituted officials of the City of
Kalispell, as well as the Council and Citizens of the City in the
dissemination of news and information regarding the selection, planting
and maintenance of trees within the corporate limits, whether the same
be on private or public property, and to make such recommendations
from time to time to the City Council, as to desirable legislation
concerning the tree program and activities for the City.
Membership
Six of seven members shall be appointed by the Mayor with approval of
the Council. The seventh member shall be the chairman of the Parks
and Public Lands Committee. -
Term
Four-year terms that are staggered.
Residency Requirements
Members must reside within the City of Kalispell Growth Policy area.
For More Information
Contact Parks and Recreation.
1 of 1 11/19/2013 3:13 PM
OF THE KALISPELL STREET TREE COMMISSIONl; DECLARING AN
EFFECTIVE !•
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Ordinance 1086, referred to as the City of Kalispell Tree Ordinance shall
be and is amended at Chapter 3 to read as follows:
CHAPTER III - Establishment of a Street Tree Committee
3.01. Street Tree Committee
There shall be created a Committee to be known and designated as "Street
Tree Committee composed of seven (7) citizens residing within the City of
Kalispell Growth Policy area. Six (6) of said members shall be appointed by the
Mayor with approval of the Council. The seventh member shall be the Director of
Parks and Recreation.
All members of the Committee shall serve without pay. The six members
appointed by the Mayor shall be appointed as follows:
Three (3) for two (2) years and two (2) for two (2) years and serve until their
successors are duly appointed and approved by the Council
Successors to those members appointed by the Mayor shall thereafter be
appointed for terms of two (2) years. Vacancies caused by death, resignations, or
otherwise, shall be filled for the unexpired term in the same manner as original
appointments are made.
3.02. Duties of Said "Street Tree Committee"
To study the problems and determine the needs of the City of Kalispell, in
connection with its tree planting and maintenance program.
To assist the properly constituted officials of the City of Kalispell, as well as
the Council and Citizens of the City in the dissemination of news and information
regarding the selection, planting and maintenance of trees within the city limits,
whether the same be on private or public property, and to make such
recommendations from time to time to the City Council, as to desirable legislation
concerning the tree program and activities tot the City. To provide regular and
special meetings at which the subject of trees insofar as it relates to the City may
be discussed by the members of the Committee, officers and personnel of the City
and its several divisions, and all others interested in the tree program.
§3.03.
That within a reasonable time after the appointment of said Committee
and the approval of the members thereof, upon call of the Mayor, said Committee
shall meet and organize by the election of a chairman and the appointment of the
Director of Parks & Recreation secretary.
The said Committee shall then provide for the adoption of rules and
procedures and for the holding of regular and special meetings as said Committee
shall deem advisable and necessary in order to perform the duties set forth.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 4TH DAY OF JUNE, 2007.
Pamela B. Ke edy
Mayor
ATTEST:
Theresa White
City Clerk
ORDINANCE NO. 1086
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF
PUBLIC TREES WITHIN THE CITY OF KALISPELL, ESTABLISHING A SHADE TREE
COMMISSION, AUTHORIZING THE DIRECTOR OF PARKS & RECREATION TO REGULATE
PUBLIC TREES, DESIGNATING CERTAIN SPECIES PERMITTED, PROVIDING FOR
MEASURES TO ASSURE PUBLIC SAFETY, PROVIDING PENALTIES FOR VIOLATION
AND DECLARING AN EFFECTIVE DATE.
CHAPTER I - Title & Purpose
§1.01. SHORT TITLE.
The Ordinance adopted pursuant hereto shall be known as, and be
cited and referred to as the "City of Kalispell Tree Ordinance."
§1.02. PURPOSE.
The purpose of this Ordinance is to regulate public trees within
the City of Kalispell, to provide for their planting, protection,
maintenance and removal, establishing a tree commission, and delegating
to the Director of Parks & Recreation the duty of assuring orderly
development of public trees.
CHAPTER II - Definitions
§2.01. DEFINITIONS.
For purposes of this Ordinance the following terms, phrases, words
and their derivations shall have the meaning given herein. When not
inconsistent with the content, words used in the present tense include
future, words in plural include the singular and words in the singular
include plural. The word shall is mandatory and not merely directory.
A) CITY -- The City of Kalispell, Flathead County, State of
Montana.
B) PARKS & RECREATION DEPARTMENT -- The designated Department
for the City of Kalispell under whose jurisdiction public
trees fall.
C) DIRECTOR OF PARKS & RECREATION -- The designated official
for the City of Kalispell assigned to carry out the enforcement
of this ordinance.
D) PERSON -- Any person, firm, partnership, association,
corporation, company of any kind.
E) STREET -- The entire width of every public way or
right-of-way when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular and
pedestrian traffic.
F) PUBLIC PLACES -- This shall include all other grounds
owned by the City of Kalispell.
G) PROPERTY LINE -- The outer edge of a street or highway
right-of-way.
H) BOULEVARD -- That part of the public right-of-way not
covered by sidewalk or other paving, lying between the property
line and the curb line of any street. (In the absence of a
curb, the curb line of a street shall be deemed to be the
edge of that portion of the public right-of-way maintained
and open to the use of the public for purposes of vehicular
travel.)
I) PUBLIC TREES -- All shade and ornamental trees growing
on any street or any public areas.
J) PROPERTY OWNER -- The person owning such property as
recorded at the Clerk and Recorder's Office of Flathead
-1-
JU
County, State of Montana.
CHAPTER III - Establishment of a Shade Tree Commission
§3.01. There shall be created a commission to be known and designated
as 'Shade Tree Commission" composed of seven (7) citizens of the City
of Kalispell. Six (6) of said members shall be appointed by the
Mayor with approval of the Council. The seventh (7th) member shall
be the chairman of the Parks and Public Lands Committee.
All members of the Commission shall serve without pay. The six
members appointed by the Mayor shall be appointed as follows:
Three (3) for three (3) years and three (3) for four (4)
years and serve until their successors are duly appointed
and approved by the Council.
Successors to those members appointed by the Mayor shall
thereafter be appointed for terms of four (4) years. Vacancies
caused by death, resignations, or otherwise, shall be filled
for the unexpired term in the same manner as original appoint-
ments are made.
§3.02. Duties of Said "Shade Tree Commission".
To study the problems and determine the needs of the City of
Kalispell, in connection with its tree planting and maintenance program.
To assist the properly constituted officials of the City of Kalispell,
as well as the Council and Citizens of the City in the dissemination
of news and information regarding the selection, planting and maintenance
of trees within the corporate limits, whether the same be on private
or public property, and to "make such recommendations from time to
time to the City Council, as to desirable legislation concerning the
tree program and activities for the City. To provide regular and
special meetings at which the subject of trees insofar as it relates
to the City may be discussed by the members of the Commission,
officers and personnel of the City and its several divisions, and all
others interested in the tree program.
0.03. That within a reasonable time after the appointment of said
oommission and the approval of the members thereof, upon call of the
Mayor, said Commission shall meet and organize by the election of a
chairmanandthe appointment of the Director of Parks & Recreation as
secretary.
The said Commission shall then provide for the adoption of rules
and procedures and for the holding of regular and special meetings as
said Commission shall deem advisable and necessary in order to perform
the duties set forth.
CHAPTER IV - Species, Cultivars, or Varieties
§4.01. SPECIES, CULTIVAR, VARIETIES PERMITTED,
1. The Director of Parks and Recreation shall prepare lists of
trees acceptable for planting in the public sites of the City of
Kalispell. Undesirable trees shall not be recommended for general
planting and their use, if any, shall be restricted to special locations
where, because of certain characteristics of adaptability or landscape
effect, they can be used to advantage.
2. Only desirable, long-lived trees of good appearance, beauty,
adaptability, and generally free from injurious insects or disease
shall be planted in public sites. The Shade Tree Commission, in
conjunction with the Director. of Parks & Recreation, shall review at
least once every two (2) years the species, cultivars, and varieties
included on the approved list to determine if any should be removed
for any reason or if certain new species, cultivars, or varieties of
proven dependability and value should be added.
§4.02. Planting.
I. SIZE
-2-
0
a. Unless otherwise specified by the Director of Parks
and Recreation, all medium to large deciduous tree species
and their cultivars and varieties, shall conform to American
Association of Nurserymen Standards and be at least 1/1 to
1/i inches in diameter six (6) inches above ground level,
and at least eight (8) to ten (10) feet in height when
planted. The crown shall be in good balance with the trunk.
b. All small deciduous tree species and their cultivars
or varieties, shall be at least five (5) to six (6) feet or
more in height and have six (6) or more branches.
GRADE '
a. Unless otherwise allowed for specific reasons, all
trees shall have comparatively straight trunks,,well developed
leaders and tops, and roots characteristic of the species,
cultivar, or variety showing evidence of proper nursery
pruning. All trees must be free of insects, diseases, mechan-
ical injuries, and other objectionable features at the time
of planting.
LOCATION AND SPACING
a. Based on a 40-year cycle, no tree which will attain
a trunk diameter greater than twelve (12) to fifteen (15)
inches shall be planted in a boulevard less than three (3)
to five (5) feet in width. In boulevards less than three
(3) feet in width, or where overhead lines or building setback
presents a special problem, the selection of the site and
species shall be determined by the Director of Parks &
Recreation.
b. Trees shall be planted at least thirty (30) feet
from street intersections and at least fifteen (15) feet
from driveways and alleys.
C. No tree shall be planted closer than ten (10) feet
of a utility pole.
d. Spacing of trees should be determined by the Director
of Parks & Recreation according to local conditions, the
species, cultivars, or varieties used, their mature height,_
- spread, and form. Generally, all large trees shall be planted
forty (40) to sixty (60) feet on center; all medium-sized
trees shall be planted a minimum of thirty-five (35) feet on
center; and all small trees shall be planted a minimum of
twenty-five (25) feet on center.
e. All planting on unpaved streets without curbs must
have the special permission of the Director of Parks &
Recreation who shall determine the tree's location so it
will not be injured or destroyed when the street is curbed
and paved.
CHAPTER V - Authority of
Director of Parks & Recreation
And Appeal to Mayor
§5.01. WORK ON PUBLIC TREES.
All work on public trees will comply with the "Tree Ordinance for
the City of Kalispell".
§5.02. AUTHORITY.
The Director of Parks & Recreation or his designated representative
shall have the authority and jurisdiction of regulating the planting,
maintenance and removal of public trees on streets and other publicly
owned property to ensure safety or preserve the aesthetics of such
public sites.
ME
§5.03. DUTY.
The Director of Parks & Recreation or his designated representative
shall have the authority, and it will be his/her duty, to supervise
or inspect all work performed under the terms of this Ordinance.
§5.04. DIRECTOR OF PARKS & RECREATION'S AUTHORITY IN GRANTING PERMITS.
The Director of Parks & Recreation or his designated representative
shall have the authority to affix reasonable conditions to the granting
of a permit in accordance with the terms of this Ordinance.
§5.05. PERMIT REgUIRED FOR WORK ON PUBLIC TREES.
No person shall plant, spray, perform major pruning, remove or
otherwise disturb any public tree without a permit issued by the
Director of Parks & Recreation or his designated representative. The
person receiving the permit shall abide by the arboricultural specifi-
cations and standards of practice as outlined by this Ordinance, and
provide evidence of public liability insurance in an amount determined
to be appropriate by the Parks & Recreation Department.
§5.06. REMOVAL, OF PUBLIC TREES, REPLACEMENT, AND ALLOCATION OF COSTS.
A. No person or property owner is to remove a public tree from
the boulevard for the purpose of construction, or for any other
reason without first obtaining a permit from the Director of Parks &
Recreation.
B. Public trees removed under Section 5.06(A) must be replaced as
deemed appropriate by the Director of Parks & Recreation. The person
or property owner shall bear the cost of removal and replacement of
all public trees removed.
55.07. APPEAL TO MAYOR.
Any person may make a written appeal from any ruling or order made
' by the Director of Parks & Recreation to the Mayor, who shall make a
final decision.
CHAPTER VI - Protection of .Trees
§6.01. DAMAGE TO PUBLIC TREES PROHIBITED.
Unless specifically authorized by the Director of Parks & Recreation,
it is unlawful for any person to intentionally damage, cut, carve,
transplant, or remove any public tree; attach any rope, wire, nails,
or other contrivance to any public tree; allow any gaseous liquid or
solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof could injure any portion of any public tree.
§6.02. PROTECTION OF TREES.
A. All trees on any street or other publicly owned property near
any excavation or construction of any building, structure or street
work, shall be guarded with a good substantial fence, frame or box.
All building material, dirt or other debris shall be kept outside the
barrier.
B. It is unlawful for any person to excavate any ditches, tunnels,
trenches, or lay drive within a radius of ten (10) feet of any public
tree without first obtaining permission from the Director of Parks &
Recreation. Maintenance or repair work on existing underground utilities
will be permitted. Excavation for new utilities and structure within
a radius of ten (10) feet of, any public tree will not be permitted
unless it is determined by the Director of Parks & Recreation that it
will not adversely affect the tree.
-4-
494
56.03. REMOVAL OF PUBLIC TREES.
No trees shall be removed from public places unless they are dead,
diseased, constitute a hazard to life or property, are a public
nuisance, or because a revision of planting plans necessitates.
CHAPTER VII - Public Protection
7.01. PUBLIC PROTECTION.
To protect the public from danger, suitable street and sidewalk
barriers, highway cones, or signs must be used when pruning, removing
or spraying trees. Flashing signals or flares must be placed on all
barriers or obstructions remaining in the street after dark. All
safety devices must conform to the Standards as set forth in "The
Manual of Uniform Traffic Control Devices" distributed by the Federal
Highway Administration, U. S. Department of Transportation.
7.02. STUMPS.
The stumps of all removed public trees shall be cut to at least
three (3) inches below the ground, and soil shall be replaced and the
area leveled. If the area where the tree is removed is to be paved,
the stump shall be removed to meet general construction standards.
§7.03. SPRAYING.
Suitable precautions shall be taken to protect and warn the public
that spraying is being done to public trees. Spraying will be done
only for the control of specific diseases or insects, with the proper
materials in the necessary strength, and applied at the proper time
to obtain the desired control. All spraying practices shall conform
to federal, state and local regulations and must be performed by a
pesticide applicator properly licensed by the State of Montana,
Department of Agriculture.
CHAPTER VIII - Penalty
§8.01. REMOVAL OF VIOLATING TREES, PROCEDURE.
Whenever any tree is planted or set out in violation of the provisions
of this section, the Director of Parks & Recreation may remove or
cause removal of the same. The Director of Parks & Recreation will
first notify the property owner(s), in writing, of the City's intention
to remove the tree(s) and give the property owner(s) a reasonable
period of time (not to exceed 45 days) within which to remove the
tree(s). If the property owner(s) does/do not comply within the
specified time, the Director of Parks & Recreation will cause the
removal of the tree(s) and the total costs -thereof will be added to
the taxes levied against the real property of the owner(s).
§8.02. CRIMINAL PENALTY.
Any person, firm or corporation who violates any provisions of
this Ordinance, or fails to comply with any provisions of this Ordinance,
shall be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine not exceeding Five Hundred Dollars ($500.00),
or imprisonment for a period not exceeding ninety (90) days, or both.
CHAPTER Ix
§9.01. EFFECTIVE DATE. I
This Ordinance shall be effective thirty days from and after its
final 'passage and approval by the Mayor.
-5-
FINALLY PASSED BY THE CITY COUNCILc&
OF. THE CITY OF KALISPELL,
MONTANA, AND APPROVED BY THE MAYOR THIS S, DAY OF G.---
1986.yur,•s� ,
John "E Ke— nay , Mayot
ATTEST:
City Clerk —Treasurer
I, Don Aalver, City Clerk of the City of Kalispell, Montana, do certify th
on the day of , 19_r I posted a copy of the
foregoing ordinance in my office, and the same remained posted until t
second reading on the day of , 19_, and the
foregoing is a true and correct copy of the ordinance as passed by the Ci
Council.
City Clerk of the City of Kalispell, Monta
1
i�
Kalispell.Com - City of Kalispell - Mayor and City Council - Technic... http://www.kalispell.com/mayor_and_city_council/technical_adviso...
Technical Advisory Committee
Current City Appointees Term Ends
Tim Larson 4/30/2014
Mark Munsinger 4/30/2015
Creation
Memorandum of Agreement for Continuing Transportation Planning in
the Kalispell Urban Area dated September 2, 1992 and Bylaws of the
Technical Advisory Committee dated September 2, 1992.
Purpose
To coordinate transportation planning and to recommend project needs
and priorities to the Kalispell City Council, Flathead County
Commissioners, and the Montana Department of Transportation
regarding:
• Local objectives, community values, community goals and policies
to guide development.
• Professional and technical considerations involved in plans and
decisions.
• Long and short range plans and programs for development of the
area.
• Programs for financing, staging, administering or otherwise
implementing the transportation plan.
• Solutions to specific development problems.
Membership
The Technical Advisory Committee will consist of the following officials
(or designee): Kalispell City Manager, Kalispell Public Works Director,
Kalispell Planning Director, Two City Residents, Kalispell Chamber of
Commerce Representative, Flathead Safety Council Representative, Two
County Residents, Flathead County Commissioner, Flathead County
Road Superintendent, and the following representatives from the
Montana Department of Transportation; Community Services Bureau
Chief, District Engineer, Area Construction Engineer, and Engineering
Services Supervisor.
Term
Two-year terms for City appointees.
Residency Requirements
City appointees must be residents of the City of Kalispell.
For More Information
Contact Planning.
1 of 1 11/19/2013 3:13 PM
URBANKALSIPELL TRANSPORTATION
TECHNICALBYLAWS
OF THE
ADVISORY
•
Functions, duties and responsibilities of the Technical Advisory Committee of
the Kalispell Urban Transportation Area, hereinafter referred to as the
Technical Advisory Committee, are as follows:
ARTICLE I - TECHNICAL ADVISORY COMMITTEE
Section 1 Name
The name of this Committee shall be the Technical Advisory
Committee of the Kalispell Urban Transportation Area.
Section 2 Origin
This Committee is provided for in the Memorandum of Agreement.
Section 3 Purpose
The purpose of the Committee is to coordinate transportation
planning and to recommend project needs and priorities to the
Kalispell City Council, Flathead County Commissioners, and the
Montana Department of Transportation.
Section 4 Function
This Committee will provide advice to the Kalispell City Council,
the Flathead County Commissioners, and the Montana
Department of Transportation regarding: -
1. Local objectives, community values, community goals and
policies to guide development.
2. Professional and technical considerations involved in plans
and decisions.
3. Long and short range plans and programs for development of
the area.
4. Programs for financing, staging, administering or otherwise
implementing the transportation plan.
5. Solutions to specific development problems.
Section 5 Membership
The Technical Advisory Committee will consist of the following
officials (or designee):
Kalispell City Manager
Kalispell City Public Works Director
Kalispell Planning Department Director
City Resident (2)
Representative - Kalispell Chamber of Commerce
County Resident (2)
Flathead County Commissioner
Operations Manager/ Superintendent -
Flathead County Road Department
Chief, Multi -Modal Planning - Montana Department of
Transportation
District Engineer - Montana Department of Transportation
Area Construction Engineer - Montana Department of
Transportation
Area Maintenance Engineer - Montana Department of
Transportation
Division Planning Engineer - Federal Highway Administration
(non -voting)
Kalispell Chief of Police (non -voting)
Flathead County Sheriff (non -voting)
The City Residents will be appointed by the Kalispell City Council
subject to ratification of the Technical Advisory Committee.
The County Residents will be appointed by the Flathead County
Commissioners subject to ratification of the Technical Advisory
Committee.
Vote: All citizen representatives serve 2 year staggered terms and may be
reappointed. Terms expire April 30th of each year.
The Division Planning Engineer - Federal Highway Administration - shall
be a non -voting member. Additional members of the Technical Advisory
Committee may be appointed by nomination and approval by a majority
of the Committee. These members may represent specific technical skills
and various jurisdictional viewpoints such as urban renewal, finance,
rail or air transportation, schools, public health, etc.
Section 6 Organization
A Chairman shall be elected by a quorum of the Technical Advisory
Committee membership present at a duly called meeting. Term of
office will be one year or until a successor is elected.
The Kalispell Planning Department will provide a recording
secretary for each duly called meeting who will record the minutes
and attendance of each meeting and submit copies of the minutes
to all members with the notification of the next meeting.
Section 1 Duties of Members
1. Provide supplemental technical services necessary for the
development and carrying out of the objectives.
2. Review the various phases of transportation planning (i.e.,
methodology, projections, assumptions, recommended plans,
and assigning priorities).
3. Coordinate functions assigned to the participating agencies.
Section 2 Duties of Chairman
1. - Chairman;_
a. To preside at all meetings of the Technical Advisory
Committee and to call special meetings as needed.
b. To appoint any member to represent him in case of his
absence.
C. Prepare agenda and notify members of the meetings.
ki Z4- - 61 pi t
Section 1 Time
The Technical Advisory Committee shall meet as necessary. A
majority of the members shall constitute a quorum. Time for the
regular meeting shall be set by the Committee but the Chairman is
authorized to vary the meeting time or call meetings when
circumstances justify. Robert Rules of Order shall be followed in all
meeting procedures, unless otherwise stated in these bylaws or by
agreement of the majority of the members.
Section 1 Resolving Differences of Opinion
If any differences of opinion arise between the State and local
agencies or among the local agencies with reference to
transportation planning, these will be resolved at the Technical
Advisory Committee level or if they involve major policy decisions,
they will be brought before the Kalispell City Council, Flathead
County Commissioners, and the Montana Department of
Transportation.
III A.• • M • ■4 COMM
Section 1 How Adopted
These articles may be adopted by a majority of the members of the
Technical Advisory Committee.
Section 2 How Amended
These articles may be amended by a majority of the members of
the Technical Advisory Committee.
Adopted by the Technical Advisory Committee on February 22, 2010.
ATTESTyFOR THE TECHNICAL ADVISORY COMMITTEE
By:Michelle Anderson, Anderson, Recording Secretary
Functions, duties and responsibilities of the Technical Advisory Committee of the
Kalispell Urban Transportation Area, hereinafter referred to as the Technical Advisory
Committee, are as follows:
Section 1 Nams
The name of this Committee shall be the Technical Advisory Committee of
the Kalispell Urban Transportation Area.
Section 2 Qi�gin
This Committee is provided for in the Memorandum of Agreement.
Section 3 Lurie
The purpose of the Committee is to coordinate transportation planning
and to recommend project needs and priorities to the Kalispell City Council, Flathead
County Commissioners, and the Montana Department of Transportation.
Section 4 Eunrtinn
This Committee will provide advice to the Kalispell City Council, the
Flathead County Commissioners and the Montana Department of "Transportation
regarding:
1. Local objectives, community values, community goals and policies
to guide development.
2. Professional and technical considerations involved in plans and
decisions.
3. Long and short range plans and programs for development of the
area.
4. Programs for financing, staging, administering or otherwise
implementing the transportation plan.
5. Solutions to specific development problems.
- 1 -
Section S M'Pmhersh p
designee) :
The Technical Advisory Committee will consist of the following officials (or
Kalispell City Manager.
Kalispell City Public Works Director
City Resident (2)
Representative - Kalispell Chamber of Commerce
Representative - Flathead Safety Council
County Resident (2)
Flathead County Commissioner.
Superintendent - Flathead County Road Department�.j
Director - Flathead Regional Development Office J
Chief, C-o ga s Bureau - Montana Department of
Transportation
District Engineer - Montana Department of Transportation
Area Construction Engineer - Montana Department of
Transportation
Engineering Services Supervisor - Montana Department of
Transportation
Division Planning Engineer - Federal Highway Administration
(non -voting)
Kalispell Chief of Police (non -voting)
Flathead County Sheriff (non -voting)
The City Residents will be appointed by the Kalispell City Council subject
to ratification of the Technical Advisory Committee.
The County Residents will be appointed by the Flathead County
Commissioners subject to ratification of the Technical Advisory Committee.
The Division Planning Engineer - Federal Highway Administration - shall
be a non -voting member. Additional members of the Technical Advisory Committee
may be appointed by nomination and approval by a majority of the Committee. These
members may represent specific technical skills and various jurisdictional viewpoints
such as urban renewal, finance, rail or air transportation, schools, public health, etc.
Section 6 Qrganization
A Chairman shall be elected by a quorum of the Technical Advisory
Committee membership present at a duly called meeting. Term of office will be one
year or until a successor is elected.
The Flathead Regional Development Office will provide a recording
secretary for each duly called meeting who will record the minutes and attendance of
each meeting and submit copies of the minutes to all members with the notification of
-2-
the next meeting.
Section 1 Duties of MemiherS
1. Provide supplemental technical services necessary for the
development and carrying out of the objectives.
2. Review the various phases of transportation planning (i.e.,
methodology, projections, assumptions, recommended plans, and
assigning priorities).
3. Coordinate functions assigned to the participating agencies.
Section 2 Duties of Chairm2n-
1. Chairman:
a. To preside at all meetings of the Technical Advisory
Committee and to call special meetings as needed.
b. To appoint any member to represent him in case of his
absence.
C. Prepare agenda and notify members of the meetings.
Section 1. Time
The Technical Advisory Committee shall meet as necessary. A majority of
the members shall constitute a quorum. Tune for the regular meeting shall be set by
the Committee but the Chairman is authorized to vary the meeting time or call
meetings when circumstances justify. Roberts Rules of Order shall be followed in all
meeting procedures, unless otherwise stated. in these bylaws or by agreement of the
majority of the members.
If any differences of opinion arise between the State and local agencies or
among the local agencies with reference to transportation planning, these will be
resolved at the Technical Advisory Committee level or if they involve major policy
decisions, they will be brought before the Kalispell City Council, Flathead County
Commissioners, and the Montana Department of Transportation.
-3-
Section 1 Hnw Adnpted
These articles may be adopted by a majority of. the members of the
Technical Advisory Committee.
Section 2 Row Amendf-d
These articles may be amended by a majority of the members of the
Technical Advisory Committee.
Adopted by the Technical Advisory Committee on August 4, 1992.
Revised 8/8/92 dh
Reformatted 10/30/00 elm
By: Sandic L Mueller
Recording Secretary
-4-
KALISPELL URBAN TRANSPORTATION PLANNING PROCESS
BYLAWS
OF THE
TECHNICAL ADVISORY COMMITTEE
Functions, duties and responsibilities of the Technical Advisory Committee of the
Kalispell Urban Transportation Area, hereinafter referred to as the Technical
Advisory Committee, are as follows:
ARTICLE I - TECHNICAL ADVISORY COMMITTEE
Section 1 Name
The name of .this Committee shall be the Technical Advisory Committee of the
Kalispell Urban Transportation Area.
Section 2 Origin
This Committee is provided for in the Memorandum of Agreement.
Section 3. Purpose
The purpose of the Committee is to coordinate transportation planning and to
recommend project needs and priorities to the Kalispell City Council, Flathead
County Commissioners, and the Montana Department of Highways.
Section 4 Function
This Committee will provide advice to the Kalispell City Council, the
Flathead County Commissioners and the Montana Department of Highways regarding:
1. Local objective, community values, community goals and policies to
guide development.
2. Professional and technical considerations involved in plans and
decisions.
3. Long and short range plans and programs for development of the area.
4. Programs for financing, staging, administering or otherwise
implementing the transportation plan.
5. Solutions to specific development plans.
-t 1...
E:
The Technical Advisory Committee will consist of the following officials:
Kalispell City Public Works Director
Representative - Flathead Safety Council
Chairman, Kalispell City Council Streets and Alleys Committee -
County Resident
Flathead County Commissioner - or representative f
District Engineer - Montana Department of Highways
City Resident
Kalispell Police Chief - or Member of Sheriff's Department*
Director, Flathead Regional Development Office
Chief - Planning and Statistics Bureau - Montana Department of
Highways
Area Construction Supervisor - Montana Department of Highways
Representative - Kalispell Chamber of Commerce
Engineering Services Supervisor - Montana Department of Highways
Division Planning. Engineer -.Federal Righway Administration (non-
voting)
The City Resident will be appointed by the Kalispell City Council subject to
ratification of the Technical Advisory Committee.
The County Resident will be appointed by the Flathead County Commissioners
subject to ratification of the Technical Advisory Committee.
The Division Planning Engineer - Federal Highway Administration shall be a
non -voting member. Additional members of the Technical Advisory Committee may be
appointed by nomination and approval by a majority of the Committee. These members
may represent specific technical skills and various jurisdictional viewpoints such
as urban renewal, finance, rail or air transportation, schools, public health, tt.
Alternate(s) officially designated by a voting member may be seated on the
Technical Advisory Committee and represent the voting member in all duties
specified in these bylaws. (Amended 12/13/88)
Section b Organization
A Chairman and Secretary shall be elected by a quorum of the Technical
Advisory Committee membership present at a duly called meeting. Term of office
will be one year.or until a successor is elected.
ARTICLE 11 - DUTIES
Section 1 Duties of Members
1. Provide supplemental technical services necessary for the development
and carrying out of the_objectives.
2. Review the various phases of transportation planning (i.e. methodology
projections, assumptions, recommended plans, and assigning priorities).
3. Coordinate functions assigned to the participating agencies.
2 Duties of Officers
1. Chairman:
a) To preside at all meetings of the Technical Advisory Committee
and to call special meetings as needed.
b) To appoint any member to represent him in case of his absence.
c) Prepare agenda and notify members of the meetings.
2. Secretary:
a) To record the minutes and attendance, prepare required reports,
and such other duties as required by the Technical Advisory
Committee.
b) Only the date, time, place, attendance, order of business and
final decisions of the Technical Advisory Committee will be
reported in the minutes.
c) Submit copies of the minutes to all members within 30 days after
meetings.
ARTICLE III - MEETINGS
Section 1 Time
The Technical Advisory Committee shall meet quarterly or as necessary. A
majority of the members shall constitute a. quorum. Time for the regular.; meeting
~� shall be set by the Committee but the Chairman is authorized to vary the meeting
} time or call special meetings when circumstances justify. Roberts Rules .of Order
shall be followed in all meeting procedures, unless otherwise stated:in these
bylawu or by agreement of majority of the members.
ARTICLE IV - COORDINATION WITH OTHERS
Section 1 Resolving Differences of Opinion
If any differences of opinion arise between the State and local agencies or
among the local agencies with reference to transportation planning, these will be
resolved at the Technical Advisory Committee level or if they involve major policy
decisions, they will be brought before the Kalispell City Council, Flathead County
Commissioners, and the Montana Department of Highways.
ARTICLE V - ADOPTION AND AMENDMENT OF ARTICLES
Section 1 How Adored .
These articles may be adopted by a majority of the members of the Technical
Advisory Committee.
These articles may be amended by a majority of the members of the Technical
Advisory Committee.
Adopted by the Technical Advisory Committee on August 8, 1978.
By: /s/ Thomas B. Barnard, Chairman
ATTEST FOR TH& TECHNICAL ADVISORY COMMITTEE
By: /s/ C. Patricia Ramsey, Secretary
Article I Section 5 amended 12/13/88
4
Kalispell.Com - City of Kalispell - Mayor and City Council - Urban ... http://www.kalispell.con)/mayor_and_cit3 council/urban_renewal_a...
Urban Renewal Agency Board
Current Members
Term Ends
Pam Mower
4/30/2015
David Girardot
4/30/2017
Tom Lund
4/30/2014
Marc Rold
4/30/2014
Murphy McMahon
4/30/2016
Creation
Resolution #5435.
Purpose
To assist city staff in the preparation of urban renewal plans or
modifications to such plans and make recommendations to the Kalispell
City Council; to review urban renewal projects and make
recommendations to the Kalispell City Council regarding the funding of
such projects; to disseminate blight clearance and urban renewal
information; and to perform such duties as the Kalispell City Council
may direct so as to make the necessary arrangements for the exercise
of the powers and performance of the duties and responsibilities
entrusted to the Kalispell City Council.
Membership
The board shall be composed of five persons who have applicable
experience in finance, business ownership, commercial development
and real estate marketing.
Term
Four-year terms to be staggered.
Residency Requirements
Members must reside or own real estate within the City of Kalispell.
For More Information
Contact Katharine Thompson at 758-7713.
1 of 1 11/19/2013 3:13 PM
CHAPTERTITLE 7 ' 42 OF THE MONTANAANNOTATED
KNOWN AS THE KALISPELL URBANRENEWAL BOARD
COUNCIL.AND TO ACT AS AN ADVISORY BOARD ONLY TO THE KALISPELL CITY
WHEREAS, the Kalispell City Council has previously adopted resolutions finding that: (1) one
or more blighted areas exist in the City of Kalispell and the rehabilitation,
redevelopment, or a combination thereof of such area or areas is necessary in the
interest of the public health, safety, morals, or welfare of the residents of the City;
and
WHEREAS, pursuant to MCA 7-15-4232 the Kalispell City Council finds that it would be in
the best interests of the city to establish an Urban Renewal Agency to be known
as the Kalispell Urban Renewal Board of Commissioners for the purpose of
assisting the City Council in evaluating and proposing urban renewal plans and
projects; and
WHEREAS, the Kalispell Urban Renewal Board of Commissioners should have the authority
to (a) to assist city staff in the preparation of urban renewal plans or modifications
to such plans and make recommendations to the Kalispell City Council; (b) to
review urban renewal projects and make recommendations to the Kalispell City
Council regarding the funding of such projects; (c) to disseminate blight clearance
and urban renewal information; (d) to perform such duties as the Kalispell City
Council may direct so as to make the necessary arrangements for the exercise of
the powers and performance of the duties and responsibilities entrusted to the
Kalispell City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA:
SECTION I. That pursuant to MCA 7-15-4232 the Kalispell City Council hereby
establishes an Urban Renewal Agency to be known as the Kalispell Urban
Renewal Board of Commissioners for the purpose of assisting the City
Council in evaluating and proposing urban renewal plans and projects.
SECTION 11. That the Kalispell Urban Renewal Board of Commissioners shall have the
authority to (a) to assist city staff in the preparation of urban renewal plans
or modifications to such plans and make recommendations to the Kalispell
City Council; (b) to review urban renewal projects and make
recommendations to the Kalispell City Council regarding the funding of
such projects; (c) to disseminate blight clearance and urban renewal
information; (d) to perform such duties as the Kalispell City Council may
direct so as to make the necessary arrangements for the exercise of the
powers and performance of the duties and responsibilities entrusted to the
Kalispell City Council.
SECTION III (1)The initial membership shall consist of one commissioner appointed
for 1 year, one for 2 years, one for 3 years, and two for 4 years. Each
subsequent appointment shall be for 4 years.
(2) Each commissioner shall hold office until a successor has been
appointed and has qualified.
(3) A commissioner may not receive compensation for services.
(4) Any persons may be appointed as commissioners if they reside or
own real estate within the municipality and have applicable experience in
finance, business ownership, commercial development and real estate
marketing.
(5) A commissioner may be removed for inefficiency, neglect of duty,
or misconduct in office.
SECTION IV This resolution shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 7TH DAY OF JUNE, 2010.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
7-15-4232. Authorization to assign urban renewal powers to municipal dep... Page 1 of 1
Pre-4ous Section MCA ,'ontents Part Contents Search Help Next Section
7-15-4232. Authorization to assign urban renewal powers to municipal
departments or to create urban renewal agency. When a municipality has made the
finding prescribed in 7 -15 -4210 and has elected to have the urban renewal proj ect
powers exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate; or
(2) the legislative body of a city may create an urban renewal agency in such
municipality, to be known as a public body corporate, to which such powers may be
assigned.
History: En. Sec. 16, Ch. 195, L. 1959; R.C.M. 1947, 11-3916(a).
Provided by Montana Legislative Services
httD://Ieia.mt.aov/bills/mca/7/15/7-15-4232.htm 11 / 19/2013