11-27-17 Council Work Session Agenda and MaterialsCITY COUNCIL
WORK SESSION AGENDA
Monday, November 27, 2017, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
B. DISCUSSION ITEMS
1. Management of Kalispell City Airport with User Group
2. The Downtown Plan
C. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. Those addressing
the council are requested to give their name and address for the record. Please limit
comments to three minutes.
D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
E. ADJOURNMENT
UPCOMING SCHEDULE / FOR YOUR INFORMATION
City Offices Closed — November 23 and 24, 2017 — Thanksgiving Holiday
Next Regular Meeting — December 4, 2017, at 7:00 p.m. — Council Chambers
Next Work Session — December 11, 2017, at 7:00 p.m. — Council Chambers
Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting.
Please notify the City Clerk at 758-7756.
Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on
Demand tab at www.kalispell.com.
Page 1 of 1
crTYOF �� City of Kalispell
Post Office Box 1997 - Kalispell, Montana. 59903
S P. E�L� Telephone: (406) 758-7701 Fax: (406) 758-7758
OONTANA
MEMORANDUM
To: Mayor Johnson and City Council
From: Doug Russell, City Manager
Re: Management of Kalispell City Airport with User Group
Meeting Date: November 27, 2017
BACKGROUND: In July and October of this year, we held work sessions with the airport
users group to review a draft agreement for the management and maintenance of the Kalispell
City airport. During the latest discussion, the major concern emerged regarding the term and
problems associated with the five year renewals. Additional concerns were presented with
possible updates to the lease arrangement if the agreement ended, the final date of the Tax
Increment District, and language protecting the city from immediate concerns regarding safety
issues.
Staff met with the users group to review the items and present council with options to consider
related to term, the end of use lease, and the other items brought forward at the last work session.
The purpose of the work session is to present the draft agreement, discuss the respective
components of the agreement, and identify next steps. Representatives of the User Group will be
available to answer questions Council may have.
RECOMMENDATION: It is recommended that Council review and discuss the Draft Lease
Agreement.
ATTACHMENTS: Draft Lease Agreement with Master Plan
Return to:
City Clerk
P.O. Box 1997
Kalispell, MT 59903
KALISPELL MUNICIPAL AIRPORT
LEASE AND AGREEMENT TO ASSIGN
THIS KALISPELL MUNICIPAL AIRPORT LEASE AND AGREEMENT TO ASSIGN, made
and entered into as of the day of , 2017, hereinafter referred to as the "Airport
Lease", by and between the City of Kalispell, Montana, a Municipal Corporation, hereinafter
referred to as LESSOR and ASSIGNOR, and the Kalispell Airport Association, a Montana
Corporation, hereinafter referred to as LESSEE and ASSIGNEE,
WITNESSETH:
For and in consideration of the mutual covenants and promises and other good and
valuable consideration hereinafter set forth, the parties hereto agree as follows:
PROPERTY: LESSOR hereby leases to LESSEE and LESSEE hereby leases and hires from
LESSOR those certain premises and all appurtenances thereto situated in Kalispell, Flathead
County, Montana, as described in Exhibit "A" attached hereto and incorporated fully herein
by this reference.
2. TERM: TO HAVE AND TO HOLD the above rented premises during the full term of twenty
(20) years, which term shall begin upon the date above written and shall terminate upon the
expiration of said full twenty-year term, unless extended as hereinafter provided. The lease
may be extended for an additional five years at the conclusion of each five-year period upon
agreement of both parties. However, the first 5-year extension shall be granted provided the
LESSEE has completed, or provides a guarantee of funds for, the reconstruction or mill and
overlay of the Runway as identified in Seefie„ 4J .
(TERM option 2-) 20 years, extended for 10 if the improvements in 5.b. are completed and the
Runway has been reconstructed or has received a mill and overlay. An addition 10 year
extension may be extended at the end of the term upon the agreement of both parties. Said
extension must be approved no later than 12 months prior to the expiration of the term.
(TERM option 3-) 30 years, extended for 10 if the improvement in -5.b. are completed and
the Runway has been reconstructed or has received a mill and overlay.
-2-3.LESSEE CONSIDERATION/AIRPORT MANAGEMENT: As consideration for this Airport
Municipal Airport Lease and Agreement to Assign
Lease, LESSEE shall provide all management services for the operations of the airport for the
term of this lease and any extensions made thereto. LESSEE agrees that it will be solely
responsible for the airport management and hereby indemnifies the LESSOR for any damages
proven by any third party, which proximately and directly arise out of such management as
determined by a court of competent jurisdiction or by mutual agreement between the
complainant and LESSEE. The LESSOR shall maintain the obligation of codifying the
Standard Operating Procedures of the Airport and shall duly consider the input of the LESSEE
in any amendments to such existing standards.
�4.USE OF LEASED PREMISES: LESSEE shall use the leased premises for the sole purpose of
operating a general aviation airport and such other business activities as are commonly
accessory to a general aviation airport. LESSEE agrees to observe all material federal, state
and municipal laws and regulations (and specifically the Standard Operating Procedures of the
Airport) as apply to a general aviation airport including those related to human and equal rights
as are currently in effect or as may come into effect in the future. LESSEE shall notify
LESSOR within fourteen (14) days of becoming aware of any breach. LESSEE shall not be
deemed to be in default of or noncompliance with any federal, state or municipal law and/or
regulation, if such noncompliance existed prior to the execution of this Airport Lease. In the
event that LESSOR believes that a breach or default on the part of LESSEE is or has transpired,
LESSOR shall give LESSEE written notice setting forth with specificity the alleged breach
and/or default and LESSEE shall have ninety (90) days to remedy such breach or default after
delivery of said notice, with the exception of conditions that pose an immediate threat to health
and safety, which shall be remedied as soon as possible.
4-5.MAINTENANCE AND REPAIR OF PREMISES: LESSEE agrees to maintain the above -
described premises in a condition as near as is practicable to the condition of the property at
the time of the execution of this Airport Lease and to return said property to LESSOR at the
expiration of said lease in said condition, reasonable wear and tear and damage excepted. In
the event LESSEE refuses or neglects to keep the above -mentioned premises in such order and
condition hereinabove mentioned, LESSOR shall have, after first giving ninety (90) days
written notice to repair, the right to declare this lease null and void and of no further force and
effect.
a. Stormwater Regulations: LESSOR is mandated by the federal and state governments to
monitor and enforce the Stormwater MS4 Standards within the city limits of Kalispell.
Because of the extensive acreage of the property, it is essential that the LESSEE closely
cooperate with the LESSOR to assure that the Stormwater MS4 Standards are maintained.
For this reason, the LESSEE shall meet with the LESSOR for a training session on an
annual basis so that compliance may be maintained. The LESSEE shall submit its project
stormwater compliance plans to the LESSOR prior to commencement of any improvement
projects. The LESSEE agrees to remain in full compliance with the MS4 Stormwater
Standards. LESSEE shall not be deemed to be in default of or noncompliance with the said
MS4 Stormwater Standards, if such noncompliance existed prior to the execution of this
Airport Lease, but LESSEE shall, in good faith, cooperate with the LESSOR to gain
compliance for such pre-existing noncompliance.
Municipal Airport Lease and Agreement to Assign 2
b. Capital Investment: LESSOR and LESSEE agree to the completion of a Capital
Investment Master Plan as set forth in Exhibit B. Projects will be completed by the
LESSEE with funds reimbursed upon receipt of appropriate documentation and according
to the sources and amounts identified in Exhibit B. Projects intended to be funded in part
with tax increment funds must be completed or under contract prior to the expiration of the
respective Tax Increment District (option 2: by June 30, 2020). Future projects may be
added to the Master Plan upon mutual agreement of the parties.
-5-6.LESSOR'S ACCESS TO AIRPORT: For the purpose of maintaining public utilities and
accessing and inspecting city owned properties, the LESSOR- requires daily access to the
Airport. In the event that maintenance activities are required that would disrupt airport
operations, the LESSOR shall provide reasonable written notice to LESSEE. The written
notice shall outline the nature, purpose, access dates, and areas affected on the Airport.
6-7.EXISTING AND FUTURE GROUND LEASES: LESSOR, as owner and current operator of
the airport, is obligated under certain Ground Leases that presently encumber the airport.
LESSOR agrees, as additional consideration given in this Airport Lease, that upon release of
the LESSOR by the Ground Lease Lessees from its Ground Lease obligations, the LESSEE
shall enter into an airport lease agreement(s) with those Ground Lease Lessees.
a. Two of the leased hangars are owned by the City. These leases shall remain on month
to month terms.
b. The airport lease agreements with the Ground Lease Lessees will further allow the
LESSEE to collect fees from the Ground Lease Lessees that are commensurate with
the existing Ground Leases, the term of which shall, in no event, extend beyond the
term of this Municipal Airport Lease. The new lease agreement must further contain
the following clause: "In the event that this lease is terminated the leasehold shall
transfer to the City of Kalispell, as Lessor, and shall convert to a month to month
tenancy. The City of Kalispell shall be under no obligation to continue to operate the
airport. In the event the City of Kalispell determines thereafter to close the airport, the
ground leases shall continue to operate on a month to month basis for up to twelve (12)
months at (1- no rent, 2- full rental rate, or 3- 50% of current rate). Lessees shall have
the right to remove those improvements they own, but shall do so within 365 days
twelve 12, months from notice of the airports discontinuance and shall leave the
premises in a restored condition, except that any pavement shall be left. Improvements
left on the airport property thereafter shall then become the property of the City of
Kalispell without further action on the part of the City."
c. In the event the airport is abandoned as the result of a voter initiative, this lease shall
terminate. The new lease agreement with the Ground Lease Lessees must also contain
the following clause: "This lease shall terminate immediately upon abandonment of the
airport as a result of a voter initiative. If the Ground Lease Lessee elects not to remove
Municipal Airport Lease and Agreement to Assign 3
the improvements as set forth above, the CITY shall pay to the Ground Lease Lessee
the fair market value of their leasehold improvements situated on the airport at the then
existing usage. The fair market value of the improvements at the then existing usage
shall be determined as follows:
The City and the Ground Lease Lessee shall each hire, at their own expense, an
appraiser to determine the fair market value of the improvements on the leased
site and owned by the Ground Lease Lessees at the then existing usage. If the
two (2) appraisals do not differ by more than three percent (3%), the fair market
value of the improvements shall be the average of the two (2) appraisals. If
there is a difference of more than three percent (3%) between the two (2)
appraisals, the first two (2) appraisers shall select a third appraiser who shall
appraise the fair market value of the improvements at the then existing usage.
The parties shall equally share the expense of the third appraiser. The average
of the three (3) appraisals shall determine the fair market value of the
improvements at the then existing usage. The City shall pay the fair market
value of the improvements at the then existing usage to the Ground Lessee
within (60) days of the date of determination of the fair market value as set forth
above."
d. This Airport Lease shall not be effective and enforceable unless simultaneously with
the execution of this Agreement, or as near thereafter as is practicable, the LESSOR
and each of the Ground Lease Lessees shall execute an agreement that extinguishes the
existing Ground Leases and all nontax obligations of the parties thereunder, but that
permits the continuing land use of the existing Ground Leases. LESSEE shall have full
authority to negotiate and enter into a fee/lease schedule and related Ground Lease
agreements with the Ground Lease Lessees with terms that are, in all ways, otherwise
consistent with this Agreement.
-7-.8.RED EAGLE LEASE AND MANAGEMENT AGREEMENTS: LESSOR shall also release
Red Eagle from its current lease and management obligations under an agreement in which
Red Eagle agrees to release LESSOR from any and all obligations contained within those lease
and management agreements. LESSOR shall continue to own the property upon which Red
Eagle operates, but after the release of the said lease between LESSOR and Red Eagle,
LESSEE and Red Eagle shall enter into a lease that permits the continuing land use in
accordance with the terms of the prior lease referenced herein and with a fee schedule that is
commensurate with the terms of the said prior lease.
In the event the airport is abandoned as the result of a voter initiative, the lease shall terminate
and the LESSOR will pay to the Red Eagle the fair value of the remaining term of the lease.
The parties agree that they shall each obtain the opinion of an independent appraiser to evaluate
the value of the remaining lease and negotiate a final value. The LESSOR agrees that the fair
value of the remaining term of the lease should be valued as if the airport had not been
abandoned. Any decrease in the value of the lease because of the abandonment shall not be
considered by either the LESSOR's or Red Eagles' independent appraisers. If the parties
cannot agree upon the value, they agree to arbitrate the result, as set forth in the parties' lease
Municipal Airport Lease and Agreement to Assign 4
and be bound by the arbitrator's decision.
8-9.ASSIGNMENT OF HILTON GARDEN INN GROUND LEASE: LESSOR shall assign all of
its rights and obligations to LESSEE of the Ground Lease that exists between the LESSOR
and the Hilton Garden Inn. This assignment shall revert to the LESSOR in the event of the
termination of this agreement.
9-10. ZONING AND BUSINESS STANDARDS: The LESSEE shall have the management
prerogative to institute business standards for airport related activities that shall be enforceable
by the LESSEE so long as the standards are referenced in the ground leases.
40-.11. THROUGH -THE -FENCE OPERATIONS: Although the Federal Aviation
Administration does not allow new through -the -fence operations to become established on
FAA funded airports, the City is not currently receiving or applying for any such funding. The
standing Kalispell Municipal Airport Operating Procedures defines "through -the -fence"
operations but otherwise has no restrictions against them. Therefore the approval by the
LESSOR of the Capital Investment Master Plan submitted by the LESSEE that includes new
through -the -fence operations shall be deemed an approval by both parties to such operations.
44.12. UTILITIES: During the entire term of this Airport Lease, LESSEE shall timely pay for
required utilities serving the leased premises, including, but not limited to, electrical, gas,
telephone, water, sewer and garbage services.
4-2-.13. COST OF OPERATION: All costs of operation including the cost or providing supplies,
equipment, tools, labor and other such items and the entire cost of maintaining and operating
the general aviation airport and other appurtenances shall be the sole responsibility of LESSEE.
4-,2.14. COMMERCIAL, USER AND OTHER FEES: A Schedule of Fees shall be established by
LESSEE on an annual basis and provided by LESSEE to LESSOR prior to the first day of July
of each year of this Lease. This Schedule shall be advisory to the LESSOR only and shall not
require LESSOR's approval. LESSEE, in its sole discretion, may from year to year, during
the term of this Airport Lease, increase or decrease its Schedule of Fees.
44-15. LESSEE'S FINANCIAL REPORTS: Annually, on or before the 30th day of June,
LESSEE shall present to LESSOR, for review, a copy of LESSEE's annual financial report
completed in accordance with generally accepted accounting principles. The LESSEE's
financial records will be subject to an audit conducted by, and at the option of, the LESSOR
(internal staff or contract auditor). The cost of such audit shall be paid by the LESSOR.
4-5,16. LESSEE'S LIABILITY INSURANCE: LESSEE shall obtain and keep in full force and
effect during the term of this lease, full general liability insurance in the amount Seven Hundred
Fifty Thousand Dollars ($750,000.00) per occurrence and One Million Five Hundred
Thousand Dollars ($1,500,000.00) aggregate with a company licensed to do business in the
State of Montana with a minimum of "A.M. Best Rating" of A-, VI; said policy of insurance
shall name LESSOR as additional named insured and be written on a "primary
noncontributory basis." In the event the Montana legislature increases the limitations on
Municipal Airport Lease and Agreement to Assign
government liability for damages in tort LESSEE agrees to increase its liability coverage
accordingly. LESSOR shall be furnished with a certificate that such insurance is in force and
the same shall provide for reasonable notification to LESSOR prior to the same being canceled.
LESSEE agrees to hold LESSOR harmless from any and all liability of any nature, whatsoever,
arising from or out of LESSEE's possession, use, maintenance, improvement or occupancy of
the property herein described; LESSEE further agrees to defend, with legal counsel acceptable
to LESSOR, and indemnify the LESSOR against any action brought against LESSOR arising
out of LESSEE's possession, use maintenance, improvement or occupancy of said property,
including but not limited to any tort or other noncriminal legal, equitable or administrative
action, whether groundless or otherwise, arising out of an alleged act or omission occurring
during the term of this lease, at LESSEE's expense. Notwithstanding any provision in this
paragraph to the contrary, the indemnity and defense provisions set forth herein shall not apply
to any claims or demands made by any party after the execution of this Airport Lease, if such
claim or demand arises out of or as a result of any breach, noncompliance, damage or injury
that is alleged to have occurred, existed or arisen prior to the execution of this Airport Lease,
even if such claim is brought after the execution of the same.
4-6-.17. FIRE INSURANCE: During the full term of this lease, LESSOR shall maintain fire
insurance adequate to cover replacement costs on the improvements owned by LESSOR on
said premises. Should the premises, during the term of this Airport Lease, suffer damages
which are covered by said fire insurance policy, LESSOR agrees to utilize all insurance
reimbursements therefore, toward rebuilding or repairing the damaged premises, or toward
providing comparable replacement facilities. The contents of buildings and fixtures located on
the premises shall be insured by LESSEE and shall be in such amounts as to assure
replacement. The parties mutually agree as to waiver of subrogation rights each with the other.
4-7--18. DEFAULT AND BANKRUPTCY: In the event that:
a. LESSEE shall commit a material default in the observance or performance of any term of
LESSEE's covenants, agreements, or obligations hereunder and such material default shall
not be corrected within ninety (90) days after written notice thereof, or
b. LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment
shall be made of LESSEE's property for the benefit of creditors;
LESSOR shall have the right thereafter, when such default continues, to re-enter and take
complete possession of the leased premises, according to law, and to declare the term of this
Airport Lease ended, and to remove LESSEE's effects, without prejudice. If LESSEE shall
default, after reasonable notice thereof, in observance or performance of any material
conditions or covenants on LESSEE's part to be observed or performed by virtue of any of the
provisions in any article of this Airport Lease, LESSOR, without being under any obligation
to do so and without thereby waiving such default, may remedy such default for the account
and at the expense of LESSEE. The parties hereby agree that in the event of material default,
the LESSOR is under no obligation to maintain the use of the property as an airport facility, is
released from all legal liability to any airport user, and may convert the property to any other
legal use by proper execution of legal process.
Municipal Airport Lease and Agreement to Assign 6
4-9-.19. NOTICE: No notice from LESSOR to LESSEE relating to the leased premises or the
occupancy thereof, shall be deemed duly served unless personally served upon or mailed to
LESSEE, registered or certified mail, return receipt requested, postage prepaid, and addressed
to LESSEE at its address as follows:
Kalispell Airport Association
Post Office Box
Kalispell, Montana 59903
Any notice from LESSEE to LESSOR relating to the leased premises or the occupancy thereof,
shall be deemed duly served, if personally served upon or if mailed to LESSOR by registered
or certified mail, return receipt requested, postage prepaid, and addressed to LESSOR at the
address as follows:
Manager
City of Kalispell
201 First Avenue East
Kalispell, Montana 59903-1997
4-9-20. TIME OF ESSENCE AND BINDING EFFECT: It is mutually agreed by and between the
parties hereto that the time of payment shall be an essential part of this Airport Lease, and that
all of the covenants and agreements herein contained shall extend to and be binding upon the
parties hereto, and their successors and assigns.
20-21. FORCE MAJEURE. LESSEE's obligations under this Airport Lease shall be suspended
and excused, and the time periods set forth herein shall be extended, while LESSEE is
prevented or substantially hindered or restricted, by an Event of Force Majeure, from
conducting or performing its obligations hereunder. The term "Event of Force Majeure"
means any of the following, whether actual or potential: strikes, lock outs or other labor
disturbances; delays in transportation; the inability to secure labor or materials in the open
market; acts of God or the elements; inclement or adverse weather, conditions attributable to
acts of war, terrorism or civil disturbances; acts or failures to act of LESSOR; the effect of any
Laws; the failure of a governmental authority to issue any permit, entitlement, approval or
authorization within sixty (60) days after LESSEE submits an application for the same; or any
other matter or condition beyond the reasonable control of LESSEE.
24-22. CONSTRUCTION, INTERPRETATION AND MODIFICATION OF AIRPORT
LEASE. This Airport Lease, including any Exhibits attached hereto, contains the entire
agreement between the parties in connection with any matter mentioned herein, and all prior
or contemporaneous agreements, understandings and representations are merged herein and
superseded hereby. Should any provision of this Airport Lease be held to be invalid, void or
unenforceable, the remaining provisions hereof shall remain in full force and effect,
unimpaired by such holding. This Airport Lease shall not be interpreted as creating any
partnership or other relationship between the parties, other than that of landlord and tenant.
Municipal Airport Lease and Agreement to Assign 7
Any rule of construction to the effect that ambiguities are to be resolved in favor of either party
shall not be employed in the interpretation of this Airport Lease and is hereby waived. No
waiver by a party of any term or provision hereof shall be deemed a waiver of any other term
or provision, and any waiver of rights hereunder must be in writing to be effective. This
Airport Lease shall be governed by and interpreted in accordance with the laws of the state of
Montana. The use of the neuter gender includes the masculine and feminine, and the singular
number includes the plural, and vice versa, whenever the context so requires. The terms
"include", "includes" and "including", as used herein, are without limitation. Captions and
headings used herein are for convenience of reference only and do not affect the scope,
meaning or intent hereof. This Airport Lease may be executed with counterpart signature
pages and in duplicate originals, each of which shall be deemed an original, and all of which
shall collectively constitute a single instrument. This Airport Lease may not be amended or
modified unless and except such modifications or amendments are made in writing and
executed by all parties hereto.
2-2--.23. QUIET ENJOYMENT. During the entire term of this Airport Lease, (a) LESSEE shall
have peaceful and quiet enjoyment of the leased premises, without hindrance or interruption
by LESSOR and (b) LESSOR shall protect and defend the right, title and interest of LESSEE
hereunder from any other rights, interests, title and claims of or by any person.
IN WITNESS WHEREOF, the parties have executed this lease as of the date first above
written.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
ATTEST:
Association Secretary
CITY OF KALISPELL
Doug Russell
City Manager
KALISPELL AIRPORT ASSOCIATION
President
Municipal Airport Lease and Agreement to Assign 8
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of , 2017, before me, a Notary Public for the State of
Montana, personally appeared Doug Russell and Aimee Brunckhorst, respectively, proved to me
to be the persons whose names are subscribed to the within instrument, and acknowledged to me
that they each executed the same in their respective authorized capacities as City Manager and
City Clerk of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year hereinabove first written.
SEAL
STATE OF MONTANA )
) ss.
County of Flathead )
Printed Name:
NOTARY PUBLIC for the State of Montana
Residing at:
My Commission expires:
On this day of , 2017, before me, a Notary Public for the State of
Montana, personally appeared and and proved to me to
be the persons whose names are subscribed to the within instrument, and acknowledged to me
that they each executed the same in their respective authorized capacities as President and
Secretary of the Kalispell Airport Association, a Montana not for profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year hereinabove first written.
SEAL
Printed Name:
NOTARY PUBLIC for the State of Montana
Residing at:
My Commission expires:
Municipal Airport Lease and Agreement to Assign
PLANNING FOR THE FUTURE
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
MON ANA
Doug Russell, City Manager
Jarod Nygren, Senior Planner
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin,a
Resolution 5846A — Resolution to adopt The Downtown Plan
November 27, 2017 (Work Session)
BACKGROUND: The Kalispell City Council, at their meeting on November 20, 2017, tabled
Resolution 5846A and scheduled a work session in order to consider the public comment that has
been received throughout the public hearing process. During the public comment portion of the
public hearing on November 6, 2017, twenty three (23) people spoke regarding the plan. Written
public comment was also received prior to and after the public hearing.
RECOMMENDATION: It is recommended that the Kalispell City Council hold a work session and
consider the public comment received throughout the public hearing process.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 5846A, B and C
Link to Written Public Comment
Link to the DRAFT — The Downtown Plan
Link to the following materials:
Resolution No. KGPA-17-02
Case Studies
Downtown Surveys and Public Comments
August 15, 2017 and September 12, 2017 Kalispell Planning Board Minutes
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO. 5846A
A RESOLUTION ADOPTING AN AMENDMENT TO THE KALISPELL GROWTH
POLICY -- PLAN IT 2035, TO BE KNOWN AS THE "DOWNTOWN PLAN".
WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy 2020 was originally adopted
by the Kalispell City Council on February 18, 2003; and
WHEREAS, on July 3, 2017, the Kalispell City Council passed Resolution No. 5821 amending its
growth policy with the Plan It 2035 Amendment determining that such amendment
was in the best interest of the City of Kalispell and the residents of the jurisdictional
area of the Kalispell Growth Policy; and
WHEREAS, the Kalispell Growth Policy -- Plan It 2035 calls for development of a Downtown
Plan as a key project to have a tangible positive impact on the citizens of Kalispell;
and
WHEREAS, a Downtown Plan was developed and proposed as the result of significant public
outreach by Kalispell City Planning staff and response from the Kalispell residents
and stakeholders; and
WHEREAS, on August 8, 2017, the Kalispell City Planning Board held a public hearing on the
proposed Downtown Plan and, after due and proper notice, received written and oral
public comment after which it evaluated the proposal based upon the goals and
objectives of the Growth Policy, the purpose of zoning and current circumstances in
the planning jurisdiction; and
WHEREAS, after due consideration of the proposed amendment, the Kalispell City Planning
Board adopted Resolution #KGPA-17-02 as the findings of fact and recommended
approval of the proposed Growth Policy amendment known as the Downtown Plan;
and
WHEREAS, on October 16, 2017 the Kalispell City Council considered it advisable that they
deliberate on the recommended Downtown Plan and adopted a Resolution of
Intention to Adopt, Revise, or Reject said Downtown Plan; and
WHEREAS, the City Council held a public hearing pursuant to notice under § 7-1-4128 MCA, on
November 6, 2017 and received approximately 50 written and oral public comments
on said Downtown Plan; and
WHEREAS, the City Council, after reviewing said Downtown Plan and fully considering public
comment have determined that the adoption of said Downtown Plan is in the best
interest of the City of Kalispell and the residents of the jurisdictional area of the
Kalispell Growth Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That pursuant to Section 76-1-604, MCA, the Kalispell City Council hereby
adopts the Downtown Plan attached hereto and incorporated fully herein by
this reference as an amendment to the Kalispell Growth Policy -- Plan It
2035.
SECTION 2. This Resolution shall become effective immediately upon its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS DAY OF , 2017.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
RESOLUTION NO. 5846B
A RESOLUTION REVISING THE PROPOSED AMENDMENT TO THE KALISPELL
GROWTH POLICY -- PLAN IT 2035 BY THE KALISPELL PLANNING BOARD AND
ADOPTING SUCH REVISION TO BE KNOWN AS THE "DOWNTOWN PLAN".
WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy 2020 was originally adopted
by the Kalispell City Council on February 18, 2003; and
WHEREAS, on July 3, 2017, the Kalispell City Council passed Resolution No. 5821 amending its
growth policy with the Plan It 2035 Amendment determining that such amendment
was in the best interest of the City of Kalispell and the residents of the jurisdictional
area of the Kalispell Growth Policy; and
WHEREAS, the Kalispell Growth Policy -- Plan It 2035 calls for development of a Downtown
Plan as a key project to have a tangible positive impact on the citizens of Kalispell;
and
WHEREAS, a Downtown Plan was developed and proposed as the result of significant public
outreach by Kalispell City Planning staff and response from the Kalispell residents
and stakeholders; and
WHEREAS, on August 8, 2017, the Kalispell City Planning Board held a public hearing on the
proposed Downtown Plan and, after due and proper notice, received written and oral
public comment after which it evaluated the proposal based upon the goals and
objectives of the Growth Policy, the purpose of zoning and current circumstances in
the planning jurisdiction; and
WHEREAS, after due consideration of the proposed amendment, the Kalispell City Planning
Board adopted Resolution #KGPA-17-02 as the findings of fact and recommended
approval of the proposed Growth Policy amendment known as the Downtown Plan;
and
WHEREAS, on October 16, 2017 the Kalispell City Council considered it advisable that they
deliberate on the recommended Downtown Plan and adopted a Resolution of
Intention to Adopt, Revise, or Reject said Downtown Plan; and
WHEREAS, the City Council held a public hearing pursuant to notice under § 7-1-4128 MCA, on
November 6, 2017 and received approximately 50 written and oral public comments
on said Downtown Plan; and
WHEREAS, based upon the recommendations of the Kalispell Planning Board, as well as
considering all of the evidence provided by public comment, the City Council of the
City of Kalispell finds that it is in the best interest of the City to amend the Kalispell
Growth Policy — Plan It 2035, taking into account the recommendations of the City
Planning Board and to adopt, as its findings, Kalispell Planning Department report
#KGPA-17-02, as revised by the City Council, and to amend the Kalispell Growth
Policy — Plan It 2035 by incorporating the amended Downtown Plan into the Growth
Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That pursuant to Section 76-1-604, MCA, the City Council of the City of
Kalispell hereby revises the amendment to the Kalispell Growth Policy — Plan
It 2035 as proposed by the Kalispell Planning Board, and approves and
adopts the Downtown Plan as fully described in Kalispell Planning
Department report #KGPA-17-02 as amended and attached hereto and
incorporated fully herein by this reference.
SECTION 2. This Resolution shall become effective immediately upon its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS DAY OF 12017.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
RESOLUTION NO. 5846C
A RESOLUTION REJECTING AN AMENDMENT TO THE KALISPELL GROWTH
POLICY — PLAN IT 2035 PROPOSED AS THE "DOWNTOWN PLAN".
WHEREAS, pursuant to MCA 76-1-601 the Kalispell Growth Policy 2020 was originally adopted
by the Kalispell City Council on February 18, 2003; and
WHEREAS, on July 3, 2017, the Kalispell City Council passed Resolution No. 5821 amending its
growth policy with the Plan It 2035 Amendment determining that such amendment
was in the best interest of the City of Kalispell and the residents of the jurisdictional
area of the Kalispell Growth Policy; and
WHEREAS, the Kalispell Growth Policy -- Plan It 2035 calls for development of a Downtown
Plan as a key project to have a tangible positive impact on the citizens of Kalispell;
and
WHEREAS, a Downtown Plan was developed and proposed as the result of significant public
outreach by Kalispell City Planning staff and response from the Kalispell residents
and stakeholders; and
WHEREAS, on August 8, 2017, the Kalispell City Planning Board held a public hearing on the
proposed Downtown Plan and, after due and proper notice, received written and oral
public comment after which it evaluated the proposal based upon the goals and
objectives of the Growth Policy, the purpose of zoning and current circumstances in
the planning jurisdiction; and
WHEREAS, after due consideration of the proposed amendment, the Kalispell City Planning
Board adopted Resolution #KGPA-17-02 as the findings of fact and recommended
approval of the proposed Growth Policy amendment known as the Downtown Plan;
and
WHEREAS, on October 16, 2017 the Kalispell City Council considered it advisable that they
deliberate on the recommended Downtown Plan and adopted a Resolution of
Intention to Adopt, Revise, or Reject said Downtown Plan; and
WHEREAS, the City Council held a public hearing pursuant to notice under § 7-1-4128 MCA, on
November 6, 2017 and received approximately 50 written and oral public comments
on said Downtown Plan; and
WHEREAS, the City Council of the City of Kalispell finds that it is not in the best interest of the
City to amend the Kalispell Growth Policy — Plan It 2035, as recommended by the
Kalispell City Planning Board, said proposed amendment consisting of incorporating
the Downtown Plan into the Growth Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That pursuant to Section 76-1-604, MCA, the City Council of the City of
Kalispell hereby rejects the amendment that was the subject of the Kalispell
Planning Department report #KGPA-17-02 and recommended by the City
Planning Board to the Kalispell Growth Policy — Plan It 2035.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS DAY OF , 2017.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor