3. Resolution 5593 - Resolution of Intent & Call for Public Hearing - West Side TIFCharles A. Harhall Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Doug Russell, City Manage
FROM: Charles Harball, City Attorney
Tel 406,758.7709
Fax 406,758,7771
charball @kalispell.com
SUBJECT: Resolution No. 5593 — A Resolution of Intent and Calling for a
Public Hearing to Expand the West Side Tax Increment
Financing District
MEETING DATE: October 1, 2012 — Regular Council Meeting
BACKGROUND: This last November the City Council approved the expansion of the
West Side Urban Redevelopment District to include the core area of the city neighboring
the railroad tracks. At that time the Council determined that it wished to hold the
expansion of the existing West Side Tax Increment District overlay in abeyance until
further planning efforts in this area were completed. The new proposed area was
submitted to the Department of Revenue and the base values of the properties have been
certified. The public and landowners of this area have been active over the past several
months in the discussions with the city planning staff about the vision for the
redevelopment of this area and there appears to be substantial public support for this.
If it is the desire of the City Council to continue the public process toward expanding the
boundaries of the West Side Tax Increment Financing District to coincide with the West
Side Urban Renewal District so that TIF financing may be an available tool for
redevelopment within that core area, Resolution No. 5593 states the intention of the
Council to consider this possibility and calls for a public hearing. Notice of the public
hearing will be given by publication and by mail to all property owners located within the
existing and proposed areas of the TIF district.
RECOMMENDATION: City Council should give consideration to and pass Resolution
No. 5593.
Resolution No. 5593 Memorandum
September 27, 2012
Page - 2
FISCAL IMPACTS: Passage of this resolution has no fiscal impacts beyond the costs of
publishing and mailing notice of the public hearing.
Respectfully submitted,
Charles all"City , ttorney
Office of City Attorney
City of Kalispell
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BE IT RESOLVED by the City Council (the "Council") of the City of Kalispell,
Montana (the "City"), as follows:
Section 1. Recitals.
1.01. The Council, pursuant to Ordinance No. 1259, (the "Original Ordinance"),
adopted on March 17, 1997, created the West Side Urban Renewal District as an urban renewal
district (the "District") and approved the West Side Urban Renewal Plan (the "Plan") for the
District containing a tax increment financing provision all as set forth in the Ordinance.
1.02. The Plan has been in continuous existence since adoption.
1.03. The Council, pursuant to Ordinance No. 1704, (the "2011 Ordinance"), adopted
on November 21, 201.1, amended the boundaries of the West Side Urban Renewal District and
approved amendments to the Plan (the "Amended Plan").
1.04. The City's adoption of the Amended Plan by the 2011 Ordinance was done in
conformance with the provisions of Montana Code Annotated, Title 7, Chapter 15, Part 42, as
amended (the "Urban Renewal Act"). The provisions relating to amendments to the Urban
Renewal Act do not apply to amendments to the Plan to add urban renewal projects since such
amendments may be made in accordance with the provisions of the Original Ordinance as
amended.
Section 2. Expansion of the West Side Tax Increment Financing District. It is the
intention of the city council to consider expanding the boundaries of the West Side Tax
Increment Financing District to coincide with the modified boundaries of the West Side Urban
Renewal District for the purposes of providing additional financing options to approved projects
within the urban renewal plan.
Section 3. Public Hearing. A public hearing is hereby called and shall be held on
November 5, 2012, at or after 7:00 p.m. in the council chambers of City Hall on the proposed
modification to the boundaries of the West Side Tax Increment Financing District. If it is
necessary to reschedule or postpone the public hearing in order to meet the legally required
notice requirements, the City Manager is authorized to reschedule the public hearing and make
such modifications to the notice as may be required.
Section 4. Notice. The City Clerk is directed to publish and mail the notice of the
public hearing pursuant to statutory requirements in substantially the form attached as Exhibit A
hereto.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS I ST DAY OF OCTOBER, 201.2.
ATTEST:
Theresa White
City Clerk
Tammi Fisher
Mayor
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NOTICEA PUBLIC HEARING ON MODIFICATIONOF THE
BOUNDARIES i
INCREMENT FINANCING DISTRICT
NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Montana
(the "City") will meet on November 5, 2012, at or after 7:00 o'clock p.m. in the Council
Chambers at City Hall, 201 First Avenue East, Kalispell, Montana, and shall hold a public
hearing to receive evidence from. the public regarding its intent stated in Resolution No. 5593.
Pursuant to Resolution No. 5593 the City Council will consider expanding the boundaries
of the West Side Tax Increment Financing District to coincide with the modified boundaries of
the West Side Urban Renewal District for the purposes of providing additional financing options
for approved projects within the urban renewal plan. A map of the proposed modified boundaries
is available for inspection on-line at www.kalispell.com under Mayor and City Council/Agenda
or contact the City Clerk at City Hall, telephone (406) 758-7756.
Written comments may be submitted to the City Clerk at the above noticed meeting, or
prior to the meeting either by mail at P.O. Box 1997, Kalispell, MT 59903, by email at
cityclerk@kalispell.com or in person at City Hall, 201 First Avenue East.
Theresa White
City Clerk
Publish: October 10, 2012
October 17, 2012
October 24, 2012
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