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Tab A - Resolution 5757 - Targeted Economic Development DistrictRESOLUTION NO.5757 A RESOLUTION FINDING THAT AN AREA DEFINED IN EXHIBIT "A" AND LOCATED WITHIN THE ANNEXED BOUNDARIES OF THE CITY OF KALISPELL IS INFRASTRUCTURE DEFICIENT AND THAT INFRASTRUCTURE IMPROVEMENT OF THE AREA IS NECESSARY FOR THE WELFARE OF THE RESIDENTS OF THE CITY OF KALISPELL AND SETTING A PUBLIC HEARING ON THE ACCEPTANCE AND APPROVAL OF A COMPREHENSIVE PLAN OF DEVELOPMENT AND THE ESTABLISHMENT OF A TARGETED ECONOMIC DEVELOPMENT DISTRICT. WHEREAS, on April 21, 2014, the Kalispell City Council by Resolution No. 5669 and upon petition of the Flathead County Economic Development Authority [FCEDA], a statutory entity of Flathead County, Montana established pursuant to MCA 7-14-1101 and owner in fee of that certain parcel of property fully described in Exhibit "A', attached hereto and incorporated fully herein by this reference, annexed said parcel of property into the incorporated limits of the City of Kalispell; and WHEREAS, on May 5, 2014, the Kalispell City Council by Ordinance No. 1737, following the proper review and recommendation of the Kalispell City Planning and Zoning Board and duly noticed public hearing, applied a zoning designation to the subject property of City I-2, Heavy Industrial; and WHEREAS, on May 5, 2014, the Kalispell City Council by Resolution No. 5673 and upon petition of the property owner, FCEDA, conditionally approved the preliminary plat of said subject property with the designated plat name of "FCEDA Rail Park Subdivision"; and WHEREAS, the Kalispell City Planning and Economic and Community Development Departments evaluated the fiscal and economic aspects, as well as the infrastructure and other physical aspects of the subject property and its contiguous areas in conjunction with the general economic aspects of the City and Flathead County and submitted a report entitled "Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD)" [the Plan], incorporated as Exhibit `B" herein by reference, that identifies the lack of necessary infrastructure to and within the subject parcel as well as identifying the need in the City for a district that can host a diversified tenant base of multiple independent tenants that will encourage the location and retention of value -adding projects; and WHEREAS, on March 8, 2016 the Kalispell City Planning and Zoning Board held a duly noticed public hearing and upon considering the Plan described above for the subject property as well as the public comment given, determined unanimously to recommend the comprehensive plan and findings that the City of Kalispell is infrastructure deficient and that infrastructure improvement of the subject area is necessary for the welfare of the residents of the City of Kalispell; and WHEREAS, the Plan, together with related documents, are available for public review at the offices of the City of Kalispell; and WHEREAS, it is the desire of the City of Kalispell to exercise the powers conferred by the Targeted Economic Development District Act set forth at MCA 7-15-4277; and WHEREAS, the Targeted Economic Development District Act states that no municipality may exercise any of the powers conferred therein until after its local governing body shall have adopted a Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. That the Kalispell City Council accepts the recommendation of the Kalispell City Planning Board and makes the following findings: a) The City of Kalispell lacks sufficient capital to rectify the infrastructure shortage in the infrastructure -deficient subject property area, thus impeding its ability to achieve economic growth through the development of value -adding industries; and b) The subject property is deficient in infrastructure improvements; and c) Infrastructure improvement of the subject area is necessary for the welfare of the residents of the City of Kalispell. SECTION II. The Kalispell City Council has the following findings of fact under consideration to be determined after a public hearing: a) The subject property consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants; and b) The subject property has been zoned by the City as City I-2, Heavy Industrial, and such zoning designation is consistent with the Kalispell City Growth Policy; and c) No portion of the subject property is included within an existing tax increment financing district; and d) The "Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD)" [the Plan] is appropriate to be the comprehensive development plan for the district. SECTION III. A public hearing is hereby called and shall be held on Monday, April 18, 2016 at 7:00 p.m. in the Council chambers on the establishment of a Targeted Economic Development District (TEDD) within the bounds of the property described in Exhibit "A" as well as a comprehensive plan to develop such district. SECTION IV. Notice of the public hearing shall be published according to the legal requirements of 7-15-4279 MCA. SECTION V. This resolution shall take effect immediately upon passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF APRIL, 2016. Mark John Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk A*161 to 3 1 EXHIBIT A CITY OF KALISPELL 7,-X-Dp LAND OWNER: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AU I HORITY A PORTION OF WHITEFISH STAGE ROAD A PORTION OF EAST OREGON STREET A tract of land located in N1/2 of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: BEGINNING at the southwesterly corner of Parcel C of Certificate of Survey No, 14785, Thence S 75'37'02" W, 63.34 feet to the westerly right-of-way of Whitefish Stage Road; Thence along said right-of-way the following five (5) courses: (1) N04-18-57"E, 379.73 feet; (2) S 89*22'09" W, 34.27 feet (3) N 17*55'03" W, 369.62 feet, (4) along a curve to the left with a radius of 1670 feet, an arc length of 241.24 feet and a delta angle of 8116'36!'; (5) N 26*1 1'39"W, 105.11 feet; Thence N 63*51'47" E, 60.00 feet to the easterly right-of-way of said Whitefish Stage Road; Thence along said right -of way the following two (2) courses: (1) N 63*44'01" E, 49.71 feet; (2) N 22*31'52" W, 303.77 feet; Thence along the northerly boundary of Tract 2 of Certificate of Survey No. 19246 the following nine (9) courses; (i) S 59*23'1 V' E, 304.94 feet; (2) N 83'43'36" E, 367.60 feet (3) S 48*04'24" E, 533.99 feet; (4) S 52*5824!' E, 151.14 feet; (5) S 62*30'24!' E, 157.08 feet; (6) S 74*20'24" E, 118.80 feet; (7) S 89*44"24" E, 188.76 feet; (8) N 67'23'36" E, 323.40 feet (9) N 75*5336" E, 144.93 feet to the westerly boundary of Tract 5 of Certificate of Survey No. 18380; Thence along said westerly boundary N 00*1 0'2Z' E, 56.37 feet; Thence N 89*33'46" E, 739.18 feet along the northerly boundary of said Tract 5 to the westerly boundary of Burlington Northern Railroad Right -of -Way; Thence along said dght-of-way the following three (3) courses; (1) S 18*25'34" W, 188.79 feet; (2) along a curve to the left with a radius of 1372.48 feet, an arc length of 46.99 feet and a delta angle of 1 *5742" (3) along a curve to the left with a radius of 1382.69 feet, an arc length of 243.39 feet and a delta angle of 10*05'08": Thence continuing along said right-of-way which is also the easterly right-of-way of East Oregon Street S 30*27'32' W, 1070.40 feet to the northerly boundary of Tract I of Certificate of Survey No. 14094 which is also the southerly boundary of East Oregon Street; Thence along said boundary between said Tract 1 and East Oregon Street the following eight (8) courses: (1) N 36'23'56'W, 75.40 feet; (2) N 67-48'53" VV, 96'01 feet, (3) N 77'03'55'W, 75.00 feet; (4) S 88*26'05" W, 125.00 feet, (5) N 65038'55" W, 182.00 feet; (6) N 86*03'55" W, 35.00 feet; (7) S 79'41'05' W, 42.00 feet (8) S 54-56'05' W, 83.19 feet; Thence N 13*49'09'W, 98.67 feet to the northerly boundary of East Oregon Street; Thence along said boundary the following four (4) courses: (1) N 51*20' E, 72.73 feet-, (2) N 13-49-00" W, 34.85 feet to the southerly boundary of Parcel B of Certificate of Survey No. 19628; (3) Along said southerly boundary N 51'18'29" E, 101.13 feet (4) Along said southerly boundary S 62-47-38" E, 99.39 feet to the westerly boundary of Tract 4 of Certificate of Survey No. 18380; Thence along said boundary N 00*5243" E, 370.95 feet to the southerly boundary of Tract 2 of Certificate of Survey No. 19246; Thence along said southerly boundary the following three (3) courses: (1) N 89*40'46" W, 834,59 feet, (2) S 11 *58'02" E, 9.26 feet, (3) S 89*58'54" W, 369.04 feet to the easterly right-of-way of Whitefish Stage Road; Thence along said right-of-way S 04*18'59" W, 364.08 feet to the POINT OF BEGINNING, excepting therefrom Tract I of Certificate of Survey No. 6547, which is not oart of this annexation. The area to be annexed includes 48.89 acres more or less. VICINITY MAP NOT TO SCALE NOTICE OF PUBLIC HEARING ON THE ADOPTION OF A GLACIER RAIL PARK DEVELOPMENT PLAN AND THE ESTABLISHMENT OF A TARGETED ECONOMIC DEVELOPMENT DISTRICT NOTICE IS HEREBY GIVEN, that on the 18th day of April, 2016 at 7:00 P.M., in the Council Chambers, City Hall, 201 1 st Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a Public Hearing on the adoption of a comprehensive plan to be known as the Glacier Rail Park Development Plan and establishment of a Targeted Economic Development District (TEDD), pursuant to MCA 7-15-4279. An Ordinance to adopt a comprehensive plan and establish a TEDD will be presented to the Kalispell City Council for their consideration. The property to be subject to the comprehensive plan and TEDD is located in the northeast portion of the City of Kalispell, comprises approximately 49 acres and previously served as a gravel source for McElroy @ Wilkin. The City Council, on April 4, 2016, passed a Resolution of Necessity finding that an area within the Glacier Rail Park Development Plan is infrastructure deficient and that infrastructure improvement of the area is necessary for the welfare of the residents of the City of Kalispell. The Resolution further set a Public Hearing on the acceptance and approval of a Comprehensive Plan of Development and the establishment of a Targeted Economic Development District. Any person wishing to address the proposed plan and District may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to citycouncil@kalispell.com prior to the hearing. The proposed plan and district can be viewed on the city's website at http://www.kalispel.l.com/planning/ or in the office of the City Clerk at 201 First Avenue East, Kalispell. Dated this 5th day of April, 2016. AimUe Brunckhorst, CMC City Clerk Publish: April 10, 2016 April 17, 2016