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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. 3 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. 4 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 E Douglas D. Rauthe - Mayor