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Staff Report/AnnexationPost ofrlce Box 1997 - Kalispell. Montana 59903-1997 - Telepl one t=t06}City of Kalispell '��-71i�(1 Fax - (40 ) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: James H. Patrick, City Manager SUBJECT: Old School Station Annexation DATE: June 1, 2005 The City has the opportunity to partner with Andy Miller of Montana Venture Partners, LLC to form a public/private industrial park. The industrial park "Old School Station" has a County Zoning of "Light Industrial" and has an approved County plat for the Industrial Park. Montana Venture Partners wishes to annex to the City, extend water and sewer lines to this industrial park. in return for TIF assistance in construction of park infrastructure. The attached reap shows the location of the property in relation to the existing City limits. There are several advantages to making this commitment. There are several property owners interested in annexing to the City along US 93. This protects the southern entrance into the City and allows us to ensure a good image to arriving visitors. The tax revenue that this park will generate will assist in developing a sustainable tax base in future years as well as producing at least 1,000 good quality jobs. At the current time there are three to four solid prospects creating approximately 400 jobs over the next five years. Two of these businesses would like to get their footings and foundations in as soon as possible. This will be a covenanted park that will require quality construction. Industrial T1Fs may be used for projects undertaken within or for an industrial district if the proposed industrial district consists of a continuous area with an accurately described boundary, is zoned for industrial use, does not include any property included within an existing urban renewal area district, is deficient in infrastructure improvement for industrial development, and has as its purpose the development of infrastructure to encourage the growth and retention of secondary, value added industries...... Tax increments may be used by the municipality to pay the following costs of or incurred in connection with an industrial infrastructure development project: land acquisition; demolition and removal of structures, relocation of occupants, the acquisition, construction, and improvement of infrastructure that includes streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off street parking facilities, sewers, sewer lines, sewage facilities, publicly owned buildings and any public improvements; costs incurred in connection with the allowable redevelopment activities; acquisition of infrastructure deficient areas or portions of areas; administrative costs associated with the management of the industrial district. RECOMMENDATION: Approve the Annexation Resolution for Old School House Station. Staff will then proceed with the formulation of a TIF Industrial Park, business plan, zoning, developer's agreements, late comer's agreement, internal engineering, planning commission approval, and funding. It vv ll be the developer's signal to start engineering plans and construction for the water and sewer lines to the park.. FISCAL EFFECTS: Generation of significant tax dollars from new industrial buildings, creation of over 1,000 jobs when built out, and increased wealth. in the conimunity. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, es H. Patrick City Manager RESOLUTION NO.5018 A RESOLUTION TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN, AS AN ANNEXATION, THE REAL PROPERTY DESCRIBED AS PARCEL A OF CERTIFICATE OF SURVEY #16337 IN THE SW 1/4 OF SECTION 33, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, TO BE KNOWN AS OLD SCHOOL STATION ADDITION NO.364; AND TO DECLARE AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has received a petition from Montana Venture Partners, LLC, the owners of the property described above, requesting that the City of Kalispell annex the territory into the City, and WHEREAS, the area shall be included within and shall conform to the Kalispell Growth Policy 2020, and WHEREAS, the City of Kalispell desires to annex said property in accordance with Title 7, Chapter 2, Part 46, Montana Code Annotated. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That all the real property as is more particularly described above shall be annexed to the City of Kalispell and the boundary of the City is altered to so provide, and shall be known as Old School Station Addition No. 364. SECTION IT. Upon the effective date of this Resolution, the City Clerk is directed to make and certify, under the seal of the City a copy of the record of these proceedings as are entered on the minutes of the City Council and file said documents with the Flathead County Clerk and Recorder. From and after the date of filing of said documents as prepared by the City Clerk, or on the effective date hereof, whichever shall occur later, said annexed territory is part of the City of Kalispell and its citizens and property shall be subject to all debts, laws and ordinances and regulations in force in the City of Kalispell and shall be entitled to the same privileges and benefits as are other parts of the City. SECTION 111. The territory annexed by this Resolution shall be zoned in accordance with the Kalispell Zoning Ordinance, SECTION IV. This Resolution shall be effective immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF JUNE, 2005. .ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor r1m I VAUNAYENI01NOTNERS, LL9 May 23, 2005 Kalispell Planning Board Kalispell City Council Kalispell, MT 59901 Gentlemen: Please accept Montana Venture Partners, LLC's, application to the City of Kalispell for Annexation and Zoning of 1-1 property for the development of 16 commercial/industrial lots encompassing 55.14 acres named "Old School Station". You will find enclosed a copy of the plat that the Flathead County Board of Commissioners approved on May 10, 2005. Montana Venture Partners, LLC, has been working with the City staff for utilities, water and sewer issues, so that we can resolve all issues and potential concerns. Montana Venture Partners, LLC, feels our site will be a welcome addition to the Gateway of Kalispell and the Flathead Valley. j in nce for your consideration of this request. ler Paul D. W olz rtner Managing Partner PETITION TO ANNEX AND NOTICE OF WITHDRAWAL FROM RURAL FIRE DISTRICT The undersigned hereinafter referred to as Petitioner(s) respectfully petition the City Council of the City of Kalispell for annexation of the real property described below into the City of Kalispell. The Petitioner(s) requesting City of Kalispell annexation of the property described herein and further described in Exhibit A hereby mutually agree with the City of Kalispell that immediately upon annexation of the land all City of Kalispell municipal services will be provided to the property described herein on substantially the same basis and in the same manner as such services are provided or made available to other properties within the rest of the municipality. Petitioner(s) hereby state that there is no need to prepare a Municipal Annexation Service Plan for this annexation pursuant to Section 7-2-4610, NI.C.A. since the parties are in agreement as to the provision of municipal services to the property requested to be annexed. The Petitioner(s) fui l� herein express an intent to have the property as herein described withdrawn from the Rural Fire District under the provisions of Section 7-"-? 1?7 Mnntann Cndf- Annntnvt — anrd thnt inc r)mnrn#ark intn thic Pt titinn to Annoy i� Hip Notice requirement pursuant to said Section, and that upon proper adoption of an ordinance or resolution of annexation by the City Council of the City of Kalispell, the property shall be detracted from said district. In the event the property is not immediately annexed, the Petitioners) further agree(s) that this covenant shall run to, with, and be binding upon the title of the said real property, and shall be binding upon our heirs, assigns, successors in interest, purchasers, and any and all subsequent holders or owners of the above described property. This City hereby agrees to allow Petitioner(s) to connect and receive the utilities from the City of Kalispell. This City hereby agrees to allow Petitioner(s) to connect and receive all :available utilities from the City of Kalispell excluding solid waste services. MCA 7-2-4736 prohibits the city from providing solid haste services to this property for a minimum of 5 years from date of annexation. Please return this petition to: Tri-City Planning Office 17 2" a St East, Suite 211 Kalispell MT 59901 NOTE: You must attach an Exhibit A that provides a bona tide legal description of the property to be annexed that has been reviewed and certified by the Flathead County .Plat Room. STATE OF MONTANA ) : ss County of Flathead County_ On this day of before me, the undersigned, a Notary Public for the State of Montana, personaW appeared — . L ..`2 -- known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. Notary Public, Stat of Mo na Residing at My Commission expires: 210141 t STATE OF MONTANA ) ss County of Flathead County '-iEttN K, JACWN NOW'? Ptl911C tar the We of AkRV ne Residing M Ke{lapall, Montana rAy Commission Fxpia-et Muth ►9, 2007 Y On this day of before me, the undersigned a Notary Public for the State of Montana, personalty appeared e � � ���r~ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and year in this certificate first above written. LLo Notary Public, �t t of I.Vtonta Residing at My Commission expires: STATE OF MONTANA ) ss County of Flathead HELE 1 0, JACKM NOTAPY MUM for the State of AWrAaM Reafdinq at Kalispell. Montarm My COR MT'St1bF1 ExPirea March 19, 2W On this day of , before me, the undersigned, a Notary Public for The State of Montana, personally appeared and the and I espectively, of the corporation that executed the foregoing instrument, and the persons who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set any hand and affixed my Notary Seat the clay and year in this certificate first above written.. Notary Public, State of Montana Residing at My Commission ission expires EXHIBIT A OLD SCHOOL STATION AKA MONTANA VENTURES LLC LEGAL DESCRIPTION OF AREA TO BE ANNEXED Parcel A of Certificate of Survey #16337 in the SW 1/4 of Section 33, Township 28 North Range 21 West, P.M.M., Flathead County, Montana.