1. Resolution 4852 - Resolution Expanding the Downtown Business Improvement DistrictCity of Kalispell
Charles A. Harbatl Office of City Attorney
City Attorney 312 First Avenue Fast
P.O. Box 1997
Kalispell, MT 59903-I997
TO:
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758,7708
Fax 406,758.7771
charballCalralispell.c rn
Resolution 4852 --- Expansion of the Downtown BID
Monday, December 1, 2003
BACKGROUND: On September 3rd Council created the Downtown Kalispell Business
Improvement District. At that time, a contingency to funding was imposed upon the
District whereby a voluntary expansion of at least 25% to the aggregate tax assessed
valuation of the District was required prior to any levy of assessments. Sufficient petitions
have now been received which meet this requirement. A total of $287,106 will be added to
the aggregate tax assessed value of the District. These properties are south and east of
Main Street and Idaho and include Sportsman's, Tidymans, Dollar Store, Whitefish Credit
Union, Moose's, first National Bank of Montana, and the Pizza Hut.
A resolution of intent was passed on November 3ra and notice was duly published
and mailed to the affected parties. As of the date of this memorandum, no written protests
have been received. The public hearing on the matter will precede council discussion of the
issue.
RECOMMENDATION: That Council hear and pass upon any written protests that may
be filed, consider the testimony provided at the public hearing, and thereupon determine
whether to expand the Business Improvement District.
FISCAL EFFECTS: The structure of the BID is to be self -funding without reliance upon
City tax dollars. The City's Finance Department will be required to be somewhat involved
in the accounting of the entity, which will further stretch its resources.
Respectfully submitted,
Charles Harball,-City Attorney Chris Kukulski, City Manager
RESOLUTION NO.4852
A RESOLUTION TO EXPAND THE BUSINESS IMPROVEMENT DISTRICT FOR THE
CITY OF KALISPELL, MONTANA.
WHEREAS, pursuant to Section 7-12-1101, et seq., MCA, the City of Kalispell is authorized to
create and expand business improvement districts; and
WHEREAS, on September 2, 2003, the City Council of the City of Kalispell passed Resolution
4828 creating a Downtown Business Improvement District; and
WHEREAS, the City of Kalispell has been presented with petitions signed by the owners of more
than 60% of the area of the property to be added to and therefore expand the existing
district, the exterior boundarie of which are shown on the attached Exhibit "A" and
which by this reference is made: a part hereof; and
WHEREAS, the aforementioned petitions request that the City of Kalispell include their
properties to expand the business improvement district, pursuant to Section 7-12-
1101, et seq., MCA; and
WHEREAS, on November 3, 2003 the Kalispell City Council issued Resolution 4849 declaring
its intent to expand the business improvement district for the city of Kalispell,
Montana, to fix a date of a public hearing for December 1, 2003, and to provide for
publication of notice of said hearing; and
WHEREAS, the City Clerk caused proper notice of passage of the resolution to be published as
provided in MCA 7-1-2121 and by mailing a copy of the notice to every owner of
real property within the proposed expansion of the business district listed on the last
completed assessment roll for state, county, and school district taxes, at the owner's
last -known address, on the same day the notice was first published or posted; and
WHEREAS, upon proper notice having been given and upon the expiration of 15 days as required
by .MCA 7-12-1113, the office of City Clerk did not receive any protests.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council does hereby expand the business
improvement district pursuant to Section 7-12-1101, et seq., Montana
Code Annotated.
SECTION II. Said business improvement district expansion would have boundaries
as shown on the attached Exhibit "A" which by this reference is made
a part hereof; provided, however, that all property classified as a
commercial improvement within the district will be included in the
district. All publicly owned property and owner -occupied single
family residential property within the district are specifically
excluded from the business improvement district and are exempt from
its assessments.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS I ST DAY OF DECEMBER, 2003.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
EXHIBIT "A"
Legal Description
Downtown Kalispell Proposed Business Improvement .District Expansion
Commencing at the intersection of Main and Center Street which is the True Point of Beginning;
thence easterly along the centerline of East Center Street, 616 feet, more or less, to a southerly
extension line of the west boundary of Lot 2 Phase I of Kalispell Market Place; thence northerly to
the southwest corner of said Lot 2; thence continuing northerly along the west boundary of Lot 2 to
the northwest corner of said Lot 2; thence easterly along the northern boundary of and to the
northeast corner of said Lot 2; thence southerly along the easterly boundary of said Lot 2 to the
southeast corner of said Lot 2; thence easterly along the centerline of East Center Street to the
center of the intersection of 3rd Avenue East; thence northerly along the centerline of 3rd Avenue
East to the center of the intersection of 3r1 Avenue East and Montana Street; thence westerly along
the centerline of Montana Street to the center of the intersection of I" Avenue East and Montana
Street; thence northerly along the centerline of 1" Avenue East to the center of the intersection of I"
Avenue East and Idaho Street, thence westerly along the centerline of Idaho Street to the center of
the intersection of Idaho Street and Main Street; thence southerly along the centerline of Main
Street to the center of the intersection of Main Street and Center Street which is the True Point of
Beginning.