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5. Resolution 5071 - Resolution of Intent & Call for PH - Old School Station Technology Tax Increment DistrictCity of Kalispell Charles A, Harb ll office of City Attorney City ,tray 312 .first Ave-nue East P.O. Box 1997 Kalispell, MT 5990 T .9 7 ................... MEMORANDUM To: Mayor Pamela B. Kennedy and Kalispell City Council Tel 406.758.7708 Fax 6.758.7771 c arballCd;kalisp lLco FROM: Charles Harba 1, City Attorney James H. Patrick, City Manager SUBJECT: Resolution No. 501— Resolution of Intent and Call for Public Hearing — To Create the Old School Station Technology Tax Increment District MEETING DATE: Monday, October 17, 2005 Regular Meeting BACKGROUND: Council annexed the old School Station property into the City effective August , 2005. 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 7, for the establishment of a special improvement district for this property to pair 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 o .ing 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 SID. 'these would create a potential lace tive to business to locate within the District (and therefore the City) as those -increment taxes paid by the businesses mav be utilized for SID assessments. The benefits realized by the City 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 to the residents of the City. The competition between communities for these businesses is fierce and the creation of tax increment ent districts gives the City a tool to compete more effectively. RECOMMENDATION: That Council consider and pass Resolution No. 5071 and thereby state are intent to create the Technology Tax Increment District and call for a public hearing. Memo R Technology Tax Increment District October 14, 2005 . - 2 FISCAL EFFECTS: None at this time. Respectfully submitted, tea' 3 Charle'&H�r., 11, Cvfy Attorney z f F eL � s H. Patrick, City Manager Office of City Attomey City of Kalispell RESOLUTION NO. 5071 RESOLUTION of INTENT TO ESTABLISH A TECHNOLOGY TAX INCREMENT DISTRICT AT OLD SCHOOL STATION AND CALL FOR PUBLIC HEARING UNDER MONTA1 A CODE ANNOTATED TITLE 7, CHAPTER 15, PART 42 BE IT RESOLVEDby the City Council (the "City Council*) of the City of Kalispell, Montana (the "'City"), as follows: Section 1. Recitals. .01. Subject to the satisfaction of certain requirements contained 1n the Act as defined below), the City 1s authorized pursuant to Montana Code Annotated Title 7, Chapter 1, Part 42, as amended (the ""Act"), including Montana Code Annotated, Section 7-15-4295, as amended., to pass an ordinance (the �,'ordinance'' establishing an Technology Tax Increment .district to assist in financing necessary industrial infrastructure to encourage the location and retention of technology development projects in the State of Fontana. 1.02. A proposal has been presented to the City by Montana venture Partners, LL (the "'Developer") that the City establish an Technology Tax Increment district to be known as the "Old School Station Technology Tax Increment District" for the purpose of assisting in financing necessary industrial infrastructure to encourage the location and retention of technology development projects in the City. Section 2. Preliminary Findings,. 2.01. Based 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 i below. The preliminary findings, determinations, and declarations of this City Council set forth in .02 a tbroa h 1 below are subject to final findings, determinations, and declarations by this City Council after A) two readings of the proposed ordinance, and a public hearing (the "'Uearing"' on the proposed ordinance and District as set forth in Sections 4 through 6 of this resolution. .02. The City Council of the City of Kalispell, Montana hereby preliminarily, finds, determines, and declares that: (a) the District is intended to provide assistance to businesses or organizations engaged in t cbnolo ;y-based operations that through the employment of knowledge or labor add value to a product, process, or export service that results in the creation of new wealth and for which at least fifty percent (50%) of the sales of the business or organization occur outside of the State of Montana or the business or organization is a manufacturing company with at least fifty percent 0 of its sales to other Montana companies that have fifty percent 0% of their sales occurring outside of the Stat of Montana; (b) the ordinance and the formation of the District, as proposed, will facilitate the de c1opmen.t of the necessary infrastructure to encourage the location and retention of technology development projects in the Mate of Montana and the City (c) 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 is in the public interest; P the District, as proposed, consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants; (e) the District t is zoned in accordance with the area growth policy, as defined in Montana Code Annotated, Section 4-10 ; (f) the District t does not include any property located within an existing urban renewal area district or industrial infrastructure development district created pursuant to the Act; (g) the land in the District is currently deficient in infrastructure improvements for technology development; (h) the District trict is intended to host a diversified tenant base of multiple independent tenants-, and i the District is not designed to serve the needs of a single district tenant or group o no indepe dent tenants. Section 3. Preliminary nova . This City Council hereby gives preliminary approval to the adoption of the Ordinance establishing the District, subject to final approval following the Hearing, as more .dully provided for in Sections 4 through 6 of this Resolution. Section 4. Public Hearina 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 i) the public Hearing on the District and the first reading on the ordinance to be held on November 7, 2005, on or after . o p.m., and ii a second reading of the ordinance to be held on November 21, 2005, on or after :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 " Avenue East, Kalispell, Montana 01 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 H.eAriflg. The City Clerk is 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 1, 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 prier to the date set for the Hearing, the last such publication being seven days before the date of the Hearing. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY OF KALISPELL., THIS 17TH TRAY of OCTOBER 2004. ATTEST Theresa White City Clerk Pamela B. Kennedy Mayor 2 Description of Old School Station Technology Tax Increment District The proposed City of Kalispell old School Station Technology Tax Increment District is located just east of Highway 93 on Demersville Road approximately 1.9 miles south of Four Comers intersection and directly east of the Rocky Cliff Road intersection and is situated within that property that is legally described as that portion of Parcel A or Certificate of Spey No. 16337 in the SW of Section , Township 28 Now, Range 21 West, .M.M,, Flathead County, Montana. The portion of the property dedicated to the technology tax increment district is proposed to be Lots 2, 3 , � 5 5 61F 71 8, 9, and 10 as shown in the drawing entitled "old School Station" and attached hereto and incorporated fully herein by this reference. These nine lots comprise a total of approximately 27. ' acres. 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F. ..rn b � .... .. .... , ,.e....e. t. ...'.. ..: ' N6yi ..' .. i�.h"5�:� ;!�'�lk�Y3�e Au.e_=ssssn....�,a.u<..,.a,..,,..e•e�,,,. aYaCuti 3li: iiiW,4�x a•.::i.zsv6:;}.'.': 1r: %4 e:' �.%h�3a!f!f {:'k";4i��„l��.:v: �".Y: ,�,..a ..<eri.r ass..v..c..»n--.^-.x.s. x"u 4S..". ya��. ... ....,".."....V.,V..,w�, �a Fla �\ Y.YC�u ..........>ni Laws�•nAu� _ �ksa�Erob•x",>f.ta.N:'Ja rhaa8i,�n+W'6rw'��%`.i$<,• ............. r:,...,..,:...:.�,fddin.' .. �� .,..-N_ __., __..-_...............-.`.-........,.._...,..._._,..,_,-.,...�._i..&`_'.`."_...e�'x"._..-,,..._-_�...�..-....... EXHIBIT ,A FORM of NOTICE of PUBLIC HEARING NOTICE of PUBLIC HEARING GIVING NOTICE of A PUBLIC HEARING ON A PROPOSEDORDINANCE ESTABLISHING A TECHNOLOGY TAX INCREMENT DISTRICT THEREFOR UNDER MONTANA CODE ANNOTATED TITLE 7, CHAPTER 1.5. FART 42 CITY of KALISP LL, MONT NA NOTICE IS HEREBY Y GIVEN that the City Council of the City of Kalispell, Montana (the"City"') will meet on November 7, 2005, on or after 7: o'clock p.m. in the Council Chambers at City Hail, 312 1" Avenue East, Kalispell, Montana, for the purpose of holding a public hearing to establish a Tax Increment Technology District known as the old School Station Technology Tax Increment District (the "District"), for the purpose of the development of'Infrastructure to encourage the location and retention of technology development projects in the State of Montana, The City is authorized by Title 7, Chapter 15, dart 42, Montana. Code Annotated (the "Act""), to pass an ordinance, following a public hearing, establishing the District to assist in financing necessary industrial infrastructure to encourage the location and retention of technology development projects in the State of Montana. Copies of the proposed ordinance (including a description of the boundaries of the District) may be obtained from Theresa White, City Clerk, at City Hall, 312 Is' Avenue East, Kalispell, Montana 59901 or by telephone at o) 758-7756 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 hereinabove. Dated: October 18, 200 BY OR. of THE CITY COUNCIL OF THE CITY of KALISPELL, MONTANA Theresa White City Clerk (Publication Dates: October 25 and November 1, 2 5