3. Meet with KDCIncorporated 1892
Planning, Economic &
Community Development Department
P.O. Box 1997
Kalispell, MT 59903-1997
To: Kalispell City Council
From: Lawrence Gallagher
248 Third Avenue East
(406) 758-7740
(406) 758-7739 (office fax)
(406) 758-7758 (City Hall fax)
Subject: Kalispell Development Corporation - Workshop Discussion Session
Date: November 8, 1995
The KDC Executive Board of Directors has been invited to meet with the Kalispell
City Council at its November 13, 1995, work session. The purpose of the meeting
is to discuss mutual expectations of how best to proceed and communicate over
the next several months as the "sun sets" on THE KALISPELL DOWNTOWN
REDEVELOPMENT PLAN (the "URBAN RENEWAL PLAN").
In 1978, the KDC was recognized as the City's "official advisory group" relating to
matters of implementing the URBAN RENEWAL PLAN and other matters. Today,
the advisors are asking how the City Council perceives their role, what the Council
expects from the KDC, and how best to communicate.
The official purpose or purposes for which the KDC was first organized are:
"...for the purposes of assisting the local governments of the City of
Kalispell, Montana and Flathead County ,as well as the citizens of Kalispell in
encouraging, promoting, and assisting the commercial, industrial and
residential welfare and orderly growth and development of the
City... particularly, but not exclusively the City center and its environs ... all for
the general welfare and benefit of the citizens of the Kalispell Community."
A copy of the ARTICLES OF INCORPORATION filed on March 27, 1978, is
attached. A copy of Ordinance #933 adopting the URBAN RENEWAL PLAN is also
attached. The KDC wants to understand what you expect from them as the
public/private partnership discusses what is left to be accomplished and financed
with the proceeds of the final tax increment bond to be issued before September
1996. The discussion is timely and will help set the stage for the November 21,
1995, facilitated "Which Way Kalispell" workshop. Mark your calender, you are all
invited.
th:':, y,pusiali
l?F�R;JMTY
You are invited to participate
in a workshop to help update
"'Whi*ch Way Kalispell"
Tuesday, November 21,1995
3:00 to 7:30 pm
Stagecoach Room, Outlaw Inn
A Brief History
The first Which Way Kalispell workshop was
held on March 30, 1993. 44 people spent the
afternoon and evening brainstorming to identify
critical issues facing Kalispell. The participants
included a varied cross section of the
community who helped build a program of
successful ideas, projects and accomplishments:
0 Depot Park Expansion
0 Increased Parking in the CBD
0 Antique Lighting & Street Trees
0 Benches, Flowers & Trash Containers
0 Infrastructure and Street Overlays
0 Extension of 1 st Avenue East
0 1 st Street East & West Improvements
0 Central School Study
0 Coordination with the Museum Board
0 2nd Avenue East Improvements
0 $12M in Storefront Rehabilitation
0 Increased Tax Base & Job Creation
0 $41 M of Private Capital Leveraged
0 Creation of Affordable Rental Units
0 First Time Homebuyer Opportunities
As the various groups met over the next nine
months to establish goals and projects, it
became clear that priorities need to be dynamic
in their timing to adapt to changing market
conditions and opportunities.
Your Challenge Now
On November 21, you can share your vision of
Kalispell. Bring your ideas - they are
absolutely essential in making this workshop
successful. Be prepared for a dynamic and
lively hands-on, say what you think, and work
together opportunity to be heard and be
effective in determuung Kalispell's future.
What You Need to Do
You are invited, urged and encouraged to help
update the goals and identify projects that will
help make Kalispell a better place to live. The
workshop will be facilitated by a professional
consultant, Terry Radcliffe, and a light dinner
will be provided. Make plans now to
participate in this excellent opportunity to help
create directions for Kalispell's future.
Please call 758-7740
with your reservations by
Friday, November 17.
Sponsored by�.,
the Kalispell Development Corporate n
d the City of Kalis ell
A10 V6/ IYO&
QUIRZ-4-M)IM
7
1, FRANK MURRAY, Secretary of State of the State of Montana, do
hereby certify that duplicate originals of Articles of Incorporation for
the incorporation of
— KALISPELL DEVELOPMENT CORPORATION ------ ------ -
duly executed pursuant to the provisions of Section_ 15-2328 . of the
Revised Codes of Montana, have been received in my office and are
found to conform to law.
NOW, THEREFORE, I, FRANK MURRAY, as such Secretary of State,
by virtue of the authority vested in me by law, hereby issue, this Cer-
tificate of Incorporation to
— - --- KALISPELL DEVELOPMENT CORPORATION G,^rn�3 -• �ir��ir7fa oribinwl of tkcn A.rtl-1— of In-arpnratinr.
al IU attach I I t t u u 4- - I- • c��.... t �- - - •— t.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
Great Seal of the State of Montana,
at Helena, the Capital, this _----. 27th-__.
day of -- March--- - A.P. 19 78 -
'FRANK MURRAY
Secretary of St fie
By ' �LEONARD C. t.ARSON
Chief Deputy
Al CLES OF . INCORPORATION
OF MAR 2 7 1979
KALISPELL DEVELOOME' NT CORPORATION r '•'INK MURRAY
RETA C3F STATE
I, the undersigned natural person of the age of twenty-one (21)
years or more, acting as incorporator of a corporation under the
Montana Non -Profit Corporation Act, adopt the following Articles of
Incorporation for such corporation: ,
FIRST: The name of the corporation is KALISPELL DEVELOPMENT
CORPORATION.
SECOND: The period of duration is perpetual.
THIRD: The purpose or purposes for which the corporation is
organized are:
A. 'To receive and maintain a fund or funds of real and per-
sonal property, or both, and including'but not .limited to cash, and
to use and apply the whole or any part thereof for developmental,
charitable, scientific or educational- purposes for the purpose of
assisting the local governments of the City of Kalispell, Montana,
and Flathead County as well as the citizens of Kalispell in encour-
aging, promoting and assistinq the commercia , indiistri_al an res�-
dential welfare and order rowth nd develDpment--of t-he f of
Kalispell, particularly, bu�#,_._ot exclusively, the cit center and
its environs; to provide assist�nc-'`eoca government, community
rou s and individuals in rendering the city center and i"`fs 'environs
-
I civically, commercza y an aes etically a^more p easan
community in which to live; to•promote emp oyment oppo-------------------------------
rtunities and
t g stability Qf___Qmrzlovment `E`o'-n`cre sa a and enhances cvitimexcia e
velopment; to bu hold, sell, mortgage exchange, improve, use and lease real or persona proper of every kind, character and
description whatsoever and w eresoever si ua ed; to:Aassume un er-
takings, contracts, leases and performances by others; to make out-
right grants or investments of its funds or property in furtherance
of its stated purposes, and to enter into contracts in connection
therewith; to issue bonds to be secured by mortgage or pledge or to
otherwise mortgage a part or all of the real or.personal, and to
borrow money, giving its note therefore, and to incur other indebt-.
edness, all as the Board of Directors may from time to lime deter-
mine, all for the general welfare and benefit of the citizens and
the Kal��x�e 1 �t�mmunit
B. To carry on any activity for the purposes above -stated,
either directly or as agents, for or with the local governments
having jurisdiction of the City of Kalispell and Flathead County,
as well as any.other governmental agencies, or other persons, firms
or corporations, or in whole or in part through or by means of any
other person, firm, agency or corporation, and generally to do any
and all further ar ather things which may be necessary or inci-
dental to the purposes above stated and such Cher powers as are
granted by law for the usual and orderly function of non-profit
corporations.
.FOURTH: Special provisions for regulation of the internal
affairs of the corporation are as follows:
A. Notwithstanding any other provision of these articles,
the corporation.shall not carry on•any other activities not per-
mitted to be carried on (a) by a corporation exempt from Federal
income tax under Section 501(c)(3) of the Internal Revenue Code
of 1954 or the corresponding provision of any future United States
Internal Revenue Law, or (b) by a corporation; contributions to
which are deductible under Section 170(c)(2) of the Internal
Revenue Code of 1954 (or the corresponding provision of any fu-
ture United States Internal Revenue Law).
B. Upon the dissolution of the corporation, the Board of
Directors shall, after paying or making provision for the payment
of all of the liabilities of the corporation, dispose of all of
the corporation in such manner, or .to such organization or organi-
zations organized and operated exclusively for. charitable, educa-
tional, religious, or scientific purposes as shall at the time
qualify as an exempt organization or organizations under Section
501(c)(3) of the Internal Revenue Code of 1954 (or the corre-
sponding provisions of any future United States Internal Revenue
Law), as the Board shall determine.
FIFTH: The corporation shall have one class of members.
The qualifications of members shall be those set forth in *the
By -Laws. The corporation shall be nonstock, and no diviLends or
pecuniary profits shall be declared or paid to the members thereof.
No part of the income or principal of the corporation shall inure
to the benefit of or be distributed to any shareholder; trustee,
director or officer of the corporation, but reimbursement for ser-
vices rendered or for expenditures incurred in the operation of the
corporation shall not be deemed to be a distribution of income,
principal or dividends. .�
SIXTH: The address of the initial registered office of the
corporation is 270 Buffalo Hill Drive, Kalispell, Montana, 59901,
and the name of the its initial registered agent at.such address
is Henry Good.
SEVENTH: The number of directors constituting the initial
Board of Directors of the corporation is sixteen (16). The names
and addresses of the initial directors who are to serve until
_heir successors are elected and qualified are:
NAME
Judy Anderson
Kio Bankart
Francis Bitney
Henry Good
ADDRESS
285 N. Main
7-1st Ave. E.
lst Ave. E.
270 Buffalo Hill Dr.
Kalispell, Montana
Kalisnell, Montana
Kalispell, Montana
Kalispell, Montana
Dale Haar
17 Main St.
Kalispell,
Montana
Jack Hensley
41-3rd St. W.
Kalispell,
Montana
Patti Mandl
229•-10th Ave. W.
Kalispell,
Montana
Dorothy McGlenn
32-2nd St. W.
Kalispell,
Montana
Chuck Mercord
202 Main St.
Kalispell,
Montana
Steve Olson
•
201-1st Ave. E.
Kalispell,
Montana
Bruce Robinson
21-2nd St., E.
Kalispell,
E
Montana
Everett Sliter
Sunset.Plaza
Kalispell,
Montana
Lee Tower
3rd Ave. W & Center
St. Kalispell,
Montana
Jim Vidal
240 Ist Ave. W.
Kalispell.,
Montana
Paul Wacholz
2 Main St.
Kalispell,
Montana
John Zauner
245 Main St.
Kalispell,
Montana
EIGHTH: The name
and address of sole
incorporator
is:
Henry Good
270 Buffalo Hill Dr.
Kalispell.,
Montana
�
J%%� '
1978.
DATED this
day of
,
STATE OF MONTANA )
ss.
County of •Flathead •
. 978 before. me the
On th i s_ day o f `llG�%' "� , 1
undersigned, a Notary Public for the State of Montana, personally
appeared before me Henry Good, incorporator of the•KALISPELL
DEVELOPMENT CORPORATION, known to me to be the person whose name
is subscribed to the within instrument, and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
Notarial Seal the day and ear first above written.
i
N ary Pub? iL for the . State or Montana
esiding at Kalispell, Montana
My Commission Expires: I&
ORDINANCE #933
AN ORDINANCE APPROVING THE KALISPELL DOWNTOWN REDEVELOPMENT
PLAN FOR THE CITY OF KALISPELL, MONTANA AS AN URBAN RENEWAL
PLAN AND THE FEASIBILITY OF RELOCATION; AUTHORIZING THE MAYOR
TO IMPLEMENT THE PLAN WITH POWERS CONTAINED IN THE URBAN
RENEWAL LAW
WHEREAS, under the provisions of the Montana Urban Renewal Law, the City Council
of the City of Kalispell, Montana has adopted a resolution that (1) one or more
blighted areas exist in the City of Kalispell, and (2) the rehabilitation, redevelop-
ment or combination thereof is necessary in the interest of public health, safety
and morals or welfare of the residents of the City of Kalispell; and
WHEREAS, the City Council of the City of Kalispell acting in its own capacity as the
Urban Renewal Agency has directed that an urban renewal plan for the blighted areas
be developed in accordance with the Montana Urban Renewal Law; and
WHEREAS, the City Council of the City of Kalispell, Montana (herein called the
Urban Renewal Agency) has made detailed studies of the location, physical condition
of structures, land use, environmental influences, and social, cultural and economic
conditions of the project area and has determined that the area is a blighted area
and is determental and a menace to the safety, health, and welfare of the inhabitants
and users thereof and of the locality at large because of substantial dilapidation,
deterioration, defective construction materials, and age oblescence of buildings
and improvements whether residential or non-residential, inadequate provisions for
ventilation, light and proper sanitary facilities and inadequate fire standards.
WHEREAS, the members of the City Council of the City of Kalispell, Montana have
been fully apprised and are aware of these facts and conditions;
WHEREAS, there has been prepared an Urban Renewal Plan for the project area which has
been approved by the Kalispell Development Corporation, an official advisory group; and
WHEREAS, in accordance with the state statutes, the City/County Planning Board is
the duly designated and acting official planning body for the locality and has
submitted to the City Council its input and recommendations respecting the Urban
Renewal Plan for the project area and has certified that the Urban Renewal Plan
conforms to the general plan for the locality as a whole or parts thereof and the
City Council has duly considered the input, recommendation and certification of the
planning body; and
WHEREAS, the Urban Renewal Plan for the project area has been referred to the City
Council of the City of Kalispell, Montana acting in its own capacity as the Urban
Renewal Agency for review and approval. The Urban Renewal Plan for such area is
known as Kalispell Downtown Redevelopment Plan, consisting of textual matter inclusive
with all supporting materials and maps being part of such plan; said Plan is attached
hereto designated as Exhibit "A" and by this reference made a part hereof; and
w
-2L
WHEREAS, the Urban Renewal Plan for the project area will require, among other
things
o The upgrading and improving of public and private utilities within the
project area
o The provision for public parking
o The rehabilitation of residential and commercial structures
o The acquisition of real and personal property
o The relocation of person(s) displaced by acquisition of real property
o The demolition and clearance of structures acquired by the City
o The provision of public improvements
o Building or site preparation for disposal
o Rehabilitation and moving of structures
o Disposition of acquired property for public and private redevelopment
and/or rehabilitation; and
WHEREAS, the City Council is aware of independent analysis and studies indicating
that a market exists in the area for additional residential units, retail space,
professional space and other commercial uses consistent with the Plan; and
WHEREAS, the City of Kalispell will comply with Federal and State laws governing
the relocation of person(s) displaced as a result of real property acquisition; and
WHEREAS, the Plan states that any relocation or displacement of families, individuals
or businesses will be governed by said applicable State and Federal laws,
specifically THE RELOCATION AND REAL PROPERTY ACQUISITION POLICY ACT OF 1970; and
WHEREAS, the members of the City Council have general knowledge of the conditions
prevailing in the project area and the availability of proper housing in the
locality for the relocation of families, individuals and businesses that may be
displaced in the project area, and have determined that a relocation program is
both workable and feasible for the needs of the project area; and
WHEREAS, the City Council of the City of Kalispell, Montana is cognizant of the
conditions that are endorsed in the undertaking and carrying out of the urban
renewal project including those prohibiting discrimination because of race, color,
creed. or national origin; and
WHEREAS, in accordance with the State statutes, the City Council of the City of
Kalispell, Montana did hold a public hearing on the Urban Renewal Plan and each
person(s) whose name appears on the Flathead County Treasurer's tax roll as the
owner or reputed owner of property in the project area was notified of such hearing
by mail at least ten (10) days prior to such public hearing; and
WHEREAS, the City Council of the City of Kalispell, Montana caused to be published
in the Kalispell Daily Inter Lake, the daily newspaper being designated as the
official publication of the locality, notices of such hearings on July 2 and July 9,
1979, and did permit any person or organization the right to be heard and did
recognize the right of each property owner within said Plan area to be heard at
such meeting.
,, 1
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1 That the Urban Renewal Plan for the Downtown Redevelopment Project for
the City of Kalispell, Montana contained in Exhibit "A" hereof, having
been duly reviewed and considered, is hereby approved and the City
Clerk is hereby directed to file. said copy of the Urban Renewal Plan
with the minutes of this meeting and in the Ordinance Book. Said
ordinance is to be posted as required by law and copies made available
to the public upon request.
SECTION 2 That it is hereby found and determined that the project area of said
Plan is blighted and it qualifies as an eligible project under the
Montana Urban Renewal Law.
SECTION 3 That it is hereby found and determined that the objectives of the Urban
Renewal Plan cannot be achieved except through more extensive
rehabilitation of the project area.
SECTION 4 That it is hereby found and determined that the Urban Renewal Plan for
the project area conforms to the existing Comprehensive Plan or parts
thereof heretofor lawfully adopted for the City of Kalispell planning
area.
SECTION 5 That it is hereby found and determined that a sound and adequate
financial program exists in the Plan for the financing of the project.
SECTION 6 That the redevelopment of the urban renewal area is necessary for the
proper development of the community.
SECTION 7 That it is hereby found and determined that the Urban Renewal Plan for
the urban renewal area will afford maximum opportunities consistent with
the sound needs of the locality as a whole for the renewal of the area
by private enterprise.
SECTION 8 That it is hereby found and determined that the Urban Renewal Plan for
the said urban renewal area gives due consideration for the provision
for adequate park and recreational areas and facilities as may be
desirable for the neighborhood improvement with special consideration
for the health, safety and welfare of children residing in the general
vicinity of the site covered by the Plan.
SECTION 9 That a workable and feasible plan exists therein for making available
adequate housing for the person(s) who may be displaced by the project.
SECTION 10 That in order to implement and facilitate the effectuation of the Urban
Renewal Plan hereby approved, it is found and determined that certain
official actions must be taken by the City Council of the City of
Kalispell, Montana with reference among other things to the upgrading
and improvement of public and private utilities within the project area,
• provisions for public parking, the rehabilitation of residential and
commercial structures, the acquisition of real and personal property,
the relocation of person(s) displaced by acquisition of real property,
the demolition and clearance of structures acquired by the City where
necessary, the provision of public improvements, providing building
or site preparation for disposal for private or public redevelopment,
the rehabilitation and moving of structures, the disposition of
acquired property for public and private redevelopment and/or
rehabilitation,, and accordingly, the City Council of the City of
Kalispell, Montana hereby:
(a) Pledges its cooperation in helping to carry out the Urban Renewal
Plan;
(b) Directs the various officials, departments, boards, and agencies
of the locality having administrative responsibility in the premises
likewise to cooperate to such end and to exercise the respective
functions and powers in a manner consistent with the Urban
Renewal Plan; and
(c) Stands ready to consider and take appropriate action upon
acceptable proposals and measures designated to effectuate the
Urban Renewal Plan.
SECTION 11 That the City Council of the City of Kalispell, Montana does authorize
the Mayor as its Chief Administrative Officer to implement the Urban
Renewal Plan with the powers set forth in Title 7 - Chapter 15,
Parts #42 and #43, MCA, and to seek financial assistance as it may
become available from the Federal Government or State of Montana or
such other sources as may be determined appropriate by the City Council.
FINALLY PASSED by the City Council of the City of Kalispell, Montana this loth day
of September , 1979.
Norma E. Happ, Mayor
ATTEST:
MarjarirGiermann, City Clerk
(Seal oity)