H1. Reso 5793 - ROI - Restablish BIDCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
FROM: Charles Harball, City Attorney
SUBJECT: Resolution No. 5793 — A Resolution of Intent to Reestablish the
Downtown Business Improvement District with Expanded
Boundaries
MEETING DATE: December 19, 2016 — Regular Council Meeting
BACKGROUND: The Downtown Business Improvement District is expiring pursuant
to state statute. Business owners have cooperated to submit petitions to reestablish the
BID with expanded boundaries. The petitions represent at least 60% of the land area
within the proposed district and can therefore be considered by the city council for the
creation of the district. The city must now, by resolution, state its intent to allow the
district to be established, call for a public hearing and to cause notice of the hearing to be
published and mailed to all property owners in the district. The meeting date of January
17, 2017 has been selected for the public hearing as this allows adequate time for the
notice and publication requirements.
RECOMMENDATION: It is recommended that the Council consider and pass the
offered resolution of intent.
ALTERNATIVES: Upon consideration of the proposal the Council may reject the
resolution.
RESOLUTION NO.5793
A RESOLUTION OF INTENTION TO CREATE A 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 business improvement districts; 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 included in the 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 petition requests that the City of Kalispell create a business
improvement district for up to ten (10) years, pursuant to Section 7-12-1101, et
seq., MCA; and
WHEREAS, the purpose of said business improvement district appears to promote the health,
safety, prosperity, security and general welfare of the inhabitants of the City of
Kalispell and the proposed district, and appears to be of special benefit to the
property within the boundaries of said proposed 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 create a business
improvement district pursuant to Section 7-12-1101, et seq.,
Montana Code Annotated.
SECTION II. Said business improvement district 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.
SECTION III. The City Clerk shall prepare and publish in the Daily Inter Lake, a
daily newspaper published at Kalispell, Montana, proper notice of
this Resolution of Intention in accordance with Section 7-1-4131,
Montana Code Annotated 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 from property owners in the area proposed to
be included within the business improvement district.
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 17th day of January, 2017, 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 creating the business improvement district and
the boundaries thereof shall include the property shown on Exhibit
«A„
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF DECEMBER, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council on the 19th day of December, 2016,
passed Resolution No. 5793 declaring an intention to create a Downtown Business Improvement
District within the City of Kalispell, pursuant to Title 7, Chapter 12 Montana Code Annotated. The
exterior boundaries of the business improvement district are more particularly described in Exhibit
"A" attached hereto.
Said Resolution No. 5793 declares that the creation of such a business improvement district
will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof
and is in the best interest of the City of Kalispell; and will be of special benefit to the property within
the boundaries of the district.
NOTICE is further given that for a period of fifteen (15) days after December 25, 2016, that
date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will
receive from the property owners in the area proposed to be included in the business improvement
district, written protests against the creation of the district to be assessed, or both.
The City Council of the City of Kalispell shall hold a public hearing on the 17th day of
January, 2017, at 7:00 p.m., in the Council Chambers, City Hall, Kalispell, Montana and consider all
communication received by the City Clerk pursuant to this Notice. After considering the same, the
Council shall proceed to hear and pass upon all protests and may duly and regularly pass and adopt a
Resolution approving the creation of the Downtown Business Improvement District as described in
Exhibit "A". Its decision shall be final and conclusive. If passed, the time when the said Resolution
shall go into effect shall be fixed by said Resolution.
Aimee Brunckhorst, CMC
City Clerk
Publish: December 25, 2016
January 8, 2017