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4. Resolution 5070 - Resolution of Intent & Call for PH - Old School Station Industrial Tax Increment DistrictCity of Kalispell Charles A. Harbal Office of City ,attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, M59903-1997 MEMORANDUM o: Mayor Pamela B. Kennedy and Kalispell City Council Tel 406,758.7708 Fax 4.7.777 1 charball@kaii,spell.com ROM: Charles Har all, City Attorney James H. Patrick, City Mager SUBJECT: Resolution. No; So o — Resolution of latent and call for Public Hearing --R To Create the Old School Station Industrial "fax Increment District MEETING DATE. Monday, October 17, 2005 -R Regular Meeting BACKGROUND: Council annexed the old School S a. .on property into the City effective August ,,boo . The owner and developer advised the City that this property is intended to be developed as an industrial and technological park. The City has passed a resolution of intent and will accept public comment on November , for the establishment of a special mproveme district for this property o pay, for the public infrastructure required for development- An amendment to the Growth Policy will also be considered for this area on November 7, as well as consideration of the appropriate zoning and. subdivision requirements. Council is further invited to consider creating an Industrial Tax Increment District, as well as a Technology Tax Increment District, as an overlay of the SI . These would create a potential incentive to business to locate within the District (and therefore the City) as those increment taxes paid by the businesses may be utilized for SID assessments. The benefits realized by the ci y would be to increase its appeal to new businesses to locate within the City. Along with an increased tax base, these businesses are employers that will potentially bring some more stability to the supply of jobs and income opportunities o the residents of the city. The competition between comm ni ,ies for these businesses is fierce and the creation of tax increment districts gives the City a tool to compete more effec .vely. RECOMMENDATION: That Council consider and pass Resolution No. So o and thereby state an intent to create the Industrial Tax Increment District and call for a public hearing. Memorandum Re: Industrial Tax Increment District October 14, 2005 Page - 2 FISCAL EFFECTS: None at this time, Respectfully submitted', z z Cli�"arb'all, City Attorney jadaes H. Patrick, City Manager Office of City Attomey City of Kalispell RESOLUTION N. 57 RESOLUTION INTENT TO ESTABLISH ,AN INDUSTRIAL TAX INCREMENT DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MONT ANA CODE ANNOTATED 'ITLE 7, CHAPTER. 15, PART 42 BE IT RESOLVED by the City Council (the"'City Council') of the City of Kalispell, Montana the "C ty"{ as follows: Section 1. Recitals. 1.01.. Subject to the satisfaction or certain requirements contained in the Act as defined below), the City is authorized pursuant to Montana Code Annotated Title 7, Chapter 15, Fart 42, as amended (the "Act""), including Montana Code Annotated, Section 7-15-4299, as amended, to pass an ordinance (the ";Ordinance") establishing an Industrial Tax Increment District to assist in financing necessary industrial infrastructure to encourage the attraction, growth, and- retention of secondary value -adding industries. 1.02. A proposal has been presented to the City by Montana venture .partners, LLC (the `'Developer") that the City establish an Industrial Tax .I ncrement District to be known n as the "old School Station Industrial Tax Increment Districts, for the purpose of stimulating industrial growth by providing a financial mechanism to provide the necessary infrastructure support to encourage the growth or secondary, value -adding industries in the City. Section 2. �Preliminary Findinias. 2.01. used on representations made by the Developer to City staff and the City Council and the work of City staff to date, the City Council makes the preliminary findings, determinations, and declarations set forth in .o a through below. The preliminary findings, determinations, and declarations of this City Council set forth in 2. 2 a through below are subject to final findings, deterrrrinations, and declarations by this City Council after i two readings of the proposed Ordinance, and 1i a public hearing (the -Hearing") on the proposed ordinance and District as set forth in Sections 4 through 6 or this resolution. 2.02. The City Council or the City of Kalispell, Montana hereby preliminarily, finds, determines, and declares that: (a) the ordinance and the formation of the District, as proposed, will facilitate the development of the necessary infrastructure to support industrial growth within the proposedDistrict; (b) the passage of the ordinance and the establishment of the District fall within the economic goals adopted by the City Council and the adoption therefor 1s in the public interest; (c) the District, as proposed, consists of a continuous area with an accurately described boundarv; P the District is zoned for light or heavy 'Industrial use in accordance with the City s master planning documents; (e) the District does not include any property located within an existing urban renewal area district created pursuant to the Act; (f) the land in the District is currently deficient in infrastructure improvements for industrial development; and (g) the purpose of the District 1s the development of infrastructure to encourage the growth and retention of secondary, value -adding industries in the City. Section 3. Preliminary Approval. This City Connell hereby gives preliminary approval to the adoption of the Ordinance establishing the District, subject to final approval following the Hearing, as more fully provided for 1n Sections 4 through 6 of this Resolution. Section 4..Public Hearing Notice. The Act requires that prior to the adoption of the ordinance and establishment of the District under the authority of the Act, this City Council shall give notice and hold a public hearing, such as the Hearing, on the proposed District. Pursuant to the Act, this City Council hereby calls for 1 the public Hearing on the District and the first reading on the ordinance to be held on November 7, 2005, on or after :00 p.m., and 11 a second reading of the ordinance to be held on November 21, 2005, on or after 7:00 p.m. The Hearing and the readings of the ordinance shall be held In the City Council Chambers at City Hall, located at 12 Is' Avenue East, Kalispell, Montana 59901. Section 5. Form of Notice of Public Hearin The notice (the "Notice") of the Hearing shall be published in substantially the form attached to this resolution as Exhibit A. Section 6.Publication of Notice of Public Hearin , The City Clerk s hereby authorized to cause the Notice to be published in published in the Daily Inter Lake, a newspaper of general circulation in Flathead County, on October 25, 2005 and November ember 11, 2005, all In accordance with the requirements of Montana law. The publication of the Notice will be at least once a week for two consecutive weeks prior to the date set for the Hearing, the last such publication being seven days before the date of the Hearing, PASSED AND APPROVED THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY of KALISPELL, THIS 17TH DAY of OCTOBER 2004. .ATTEST Theresa White City Clerk Pamela B. Kennedy Mayor 2 Description of Old School Station [nd.strxal Tax Increment Distfict The proposed City of Kalispell Old School Station Industrial Tax Increment District is located just east of Highwayon Demersville Road approximately 1.9 miles south of Four Comers intersection and directly cast of the Rocky Cliff Roach intersection and is situated within that property that is legally described as that portion of Parcel A of Certificate of Spey No. 16337 in the SW 1 `Section 33, Township 28 North, Range 21 West, Q.M.M., Flathead County, Montana.. The portion of the property dedicated to the industrial tax increment district is proposed to be Lots 11, 12, 13, 14, 15, 16, and 17 as shown in the drawing entitled "Old School Station" and attached . ret and incorporated fully herein by this reference. These seven lots c mpnse a total of approximately 9.13 acres. OLD SCHOOL STATION 5F V4, I�Kflfjn 3-1, 7 2:8N R21w, PJA- NV *�:uw oily P NAn A,.w. wot*A, wm�,m EXHIBIT A FORM OF NOTICE of PUBLIC HEARJNG NOTICE of PUBLIC HEARING GIVING NOTICE of A PUBLIC HEARING ON A PROPOSED ORDINANCE ESTABLISHING AN INDUSTRIAL TAX INCREMENT DISTRICT THEREFOR UNDER MON ANA CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42 CITY OF KALISPELL, M NTAN NOTICE IS HEREBY GIVEN that the City Council of the City of Kalispell, Mo t na (the f"City") will meet on November 7, 2005, on or after :00 o'clock p.m. in the Council Chambers at City Hall, 312 1" Avenue .fast, Kalispell, Montana, for the purpose of holding a public hearing to establish a Tax Increment Industrial District known as the old School Station Industrial Tax Increment District (the "District'"'), for the poses of stimulating industrial growth by providing a financial mechanism to provide the necessary infrastructure support. The City 1s authorized by Title 7, Chapter 15, fart 42, Montana Code Annotated the "Act"'), to pass an ordinance establishing the District to assist in financingnecessary industrial infrastructure to encourage the attraction, growth, and retention of secondary value -adding industries. Copies of the proposed ordinance (including a description of the boundaries of the District) may e obtained from Theresa White, City Clergy., at City Hall, 31.2 1 " Avenue East, .Kalispell, Montana 59901. or by telephone at 58-775 . All Persons interested may appear and be heard at said time and place or may file written notice with the County Clerk and Recorder prior to the date of the hearing set forth . ereinabove. Dated: October 18, 2005 BY ORDER of THE CITY COUNCIL OF THE CITY of KALISPELL, MOO ANA Theresa "white City Clerk (Publication Dates: October 25 and November 1, 005