08. Ordinance 1242 - Create Urban Renewal Plan - Airport/Ballfield Complex - 1st ReadingORDINANCE NO. 1242
AN ORDINANCE APPROVING THE KALISPELL CITY AIRPORT/ATHLETIC COMPLEX
REDEVELOPMENT PLAN ANALYSIS FOR THE CITY OF KALISPELL, MONTANA AS
AN URBAN RENEWAL PLAN; AUTHORIZING THE MANAGER TO IMPLEMENT THE
PLAN WITH THE POWERS CONTAINED IN THE URBAN RENEWAL LAW, AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, under the provisions of the Montana Urban Renewal Law,
the City Council of the City of Kalispell, Montana, did
adopt Resolution No. 4256 finding that 1) blighting
conditions exist within the area of the Kalispell City
Airport Neighborhood Plan, and 2) that rehabilitation,
redevelopment or a combination thereof, within the area
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
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 Agency) has caused to be made detailed studies of
the land uses, ownership, building conditions,
demographics, transportation and safety within the
Neighborhood Plan area and determined that said factors
contribute to blighted conditions under S 7-15-4206, MCA,
and are detrimental and a menace to the safety, health
and welfare of the inhabitants and users of the area, and
WHEREAS, the Agency has been fully apprised and is aware of the
factors and conditions, and
WHEREAS, there has been prepared an Urban Renewal Plan for the
project, known as the Kalispell City Airport/Athletic
Complex Redevelopment Plan Analysis (hereinafter
Analysis) which has been reviewed by the Airport Advisory
Board, an official advisory group; and
WHEREAS, in accordance with Title 7, Chapter 15, Part 42, Montana
Code Annotated, the City/County Planning Board is the
duly designated and acting official planning body for the
City and has submitted to the Agency its input and
recommendations with respect to the Analysis and has
certified that the Analysis conforms to the general plan
for the locality and the Agency has duly considered the
input, recommendations and certification of the Planning
Board, and
WHEREAS, the Analysis has been referred to the Agency for review
and approval. The Analysis consists of textual matter
inclusive of supporting material and maps and is attached
hereto as Exhibit "A" and by this reference made a part
hereof, and
WHEREAS, the Analysis for the project area requires, among other
things:
a. minimizing hazards to navigation,
b. developing the airport in accordance with an
airport layout plan,
C. increasing development opportunities on nearby
properties,
d. promoting compatible land use in and around
the airport,
e. establishing a funding mechanism for airport
properties, and
f. establishing a priority schedule for plan
implementation.
WHEREAS, the Agency is aware that a market exists in the area for
commercial development consistent with the Analysis, and
WHEREAS, the City will comply with Federal and State laws
governing the relocation of person(s) displaced as result
of implementation of the Analysis, and
WHEREAS, the members of the Agency have general knowledge of the
conditions prevailing in the project area and the
availability of property for the relocation of families,
businesses and recreational property that may be
displaced by implementation of the Analysis, and have
determined that a relocation program is both workable and
feasible for the needs of the project area, and
WHEREAS, the Agency is cognizant of the conditions that are
endorsed in the undertaking and carrying out of the
Analysis including those prohibiting discrimination under
the Montana Human Rights Act, and
WHEREAS, in accordance with the S 7-15-4215, MCA, the Agency did
hold a Public Hearing on June 17, 1996 after due and
proper notice, both by mail and publication, of same.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That the Kalispell City Airport/Athletic
Complex Redevelopment Plan Analysis for the
City of Kalispell, Montana contained in
Exhibit "A" hereof, having been duly reviewed
and considered, is hereby approved and the
City Clerk of Council is hereby directed to
file said copy of the Analysis 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 II. That it is hereby found and determined that
the project area of said Analysis is blighted
and qualifies as an eligible project under the
Montana Urban Renewal Law.
SECTION III. That it is hereby found and determined that
the objectives of the Analysis cannot be
achieved except through more extensive
rehabilitation of the project area.
SECTION IV. That it is hereby found and determined that
the Analysis for the project area conforms to
the Kalispell City -County Master Plan or parts
thereof adopted for the City of Kalispell
planning area.
SECTION V. That it is hereby found and determined that a
sound and adequate financial program exists in
the Analysis for financing the projects
contained therein.
SECTION VI. That the redevelopment of the Analysis area is
necessary for the proper development of the
community.
SECTION VII. That it is hereby found and determined that
the Analysis for the 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 VIII. That it is hereby found and determined that
the Analysis for the area gives due
consideration to the providing 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 using
facilities within the vicinity of the Analysis
area.
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SECTION IX. That a workable and feasible plan exists
therein for making available adequate housing
for person(s) who may be displaced by the
projects.
SECTION X. That in order to implement and facilitate the
effectuation of the Analysis, hereby approved,
it is found and determined that certain
official actions must be taken by the Agency
with reference among other things to
minimizing hazards to navigation, developing
the airport in accordance with an airport
layout plan, increasing private development on
nearby properties, promoting compatible land
uses in and around the airport, establishing
funding mechanisms for airport operations, and
establishing a priority schedule for plan
implementation:
a) Pledging its cooperation in carrying out
the Analysis;
b) Directing 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 Analysis; and
c) Standing ready to consider and take
appropriate action upon acceptable
proposals and measures designated to
effectuate the Analysis.
SECTION XI. The City Council of the City of Kalispell,
Montana does authorize the Manager to
implement the Analysis with the powers set
forth in Title 7, Chapter 15, Parts 42 & 43,
MCA, and to seek financial assistance as it
may become available from the Federal or State
Government or such other sources as may be
determined appropriate by the City Council.
SECTION XII. This Ordinance will take effect from and after
30 days of its passage by the City Council.
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FINALLY PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE
CITY OF KALISPELL, THIS DAY OF , 1996.
Attest:
Debbie Gifford, CMC
City Clerk of Council
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Douglas D. Rauthe - Mayor