14. Resolution 4849 - Resolution of Intent to Expand the Downtown Business Improvement Distrct and Call for PHCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue Bast
P.O. Box 1997
Kalispell, MT 59903-1.997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution 4849 — Intention to Expand BID
MEETING DATE: Monday, November 3, 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, Mooses, First National Bank of
Montana, and the Pizza Hut,
This Resolution of Intent will set the notice requirements and begin the 15
day protest period and sets the date of the public hearing for December 15t.
Thereafter the Mayor and Council shall name the Board of Directors which shall
develop a workplan and budget for review and approval by Council.
RECOMMENDATION: That Council pass the Resolution of Intent to Expand the
Business Improvement District.
FISCAL EFFECTS: None.
Respectfully submitted,
ChaA6§-" arball, City Attorney
Chris Kukulski, City Manager
RESOLUTION NO. 4849
A RESOLUTION OF INTENTION TO EXPAND THE BUSINESS IMPROVEMENT
DISTRICT FOR THE CITY OF KALISPELL, MONTANA, TO FIX A DATE OF A
PUBLIC HEARING, AND TO PROVIDE FOR PUBLICATION OF NOTICE OF SAID
HEARING.
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 boundaries 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, the purpose of said business improvement district expansion appears to promote the
health, safety, prosperity, security and general welfare of the inhabitants of the City
of Kalispell and the business improvement district, and appears to be of special
benefit to the property within the boundaries of said proposed expansion to the
district as shown on the attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Kalispell City Council intends to expand the business
improvement district pursuant to Section 7-12-1I01, 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 classifiedas 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.
SECTION III. The City Clerk shall forthwith prepare and publish in the Daily Inter
Lake, a daily newspaper published at Kalispell, Montana, proper
notice of this Resolution of Intention at least once a week for two
successive weeks; and give said notice in writing, addressed to all
property owners within the proposed business improvement district.
SECTION IV. For a period of fifteen days after the first publication of said notice by
the City Clerk, said City Clerk will receive expressions in writing of
the approval or disapproval of the proposed business improvement
district expansion from property owners in the area proposed to be
included within the district expansion.
SECTION V. At the regularly scheduled meeting of the City Council of the City of
Kalispell, next succeeding the expiration of said fifteen days, the City
Clerk shall forward all written communication received by said Clerk
for Council's consideration.
SECTION VI. The City Council of the City of Kalispell shall hold a public hearing
to consider the proposed business improvement district at a meeting
to be held on the 1st day of December, 2003, at 7:00 p.m., in the
Council Chambers, City Hall, Kalispell, Montana, and subsequent to
the conclusion of said meeting the City Council, after considering all
spoken and written communication, may adopt a resolution
expanding the business improvement district and the boundaries
thereof shall include the property shown on Exhibit "A"
SECTION VII. The City Clerk is authorized and directed to give notice of said
meeting in accordance with Section 7-1-4131, Montana Code
Annotated.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 3RD DAY OF NOVEMBER, 2003.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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 3'd Avenue East; thence northerly along the centerline of 3rd Avenue
East to the center of the intersection of 3rd 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 I" Avenue East to the center of the intersection of 1't
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.
. Ar 1• s
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
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