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
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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