Harball-Howington Memo/West Side TIF RequestCharles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Ashley Square Request for West Side TIF Funding
August 24, 2009 — Council Work Session
The City Council has had the opportunity to hear from two of the major owners of
the Ashley Square Shopping Center regarding their intentions to rejuvenate that site.
Ashley Square is within the West Side Urban Renewal Plan and within the West Side TIF
District. The owner/developers are therefore requesting that the City consider contributing
TIF funds toward the costs of the public infrastructure portions of the project.
At this work session the owners will provide a more detailed explanation of their
renovation plans and specifically the public infrastructure component of the project. It is
their intention that this investment will provide an asset that will be attractive to business
and tenants that previously would not have considered the site. They will further discuss
the jobs creation potential and whether or not this should be a function of the financing.
As the Council has not recently considered one of these requests, it may be helpful to
review the statutory process that will be involved. If the Council generally determines at
this workshop that it has had its questions answered and that this is a project that should
be considered for TIF assistance, it should have the matter brought back before it at a
regular meeting as a resolution of intention that the request be sent to the City Planning
Board for its review and consideration of appropriateness under the Growth Policy of the
City and to set the matter for a public hearing. After the Planning Board has issued its
report and the public hearing has been held, the City Council may then determine to
accept, amend or reject the recommendations of the Planning Board and, if it is accepted or
amended, to direct the City Manager to enter into a developers agreement with the
owner/developers. This agreement is then brought back to the City Council for its final
approval.
A template resolution is attached as an aid to Council in considering the next step in
this process.
Charles Harba 1, City Attorney
ane Howington, City MaAger
• i i
i i1 lu""RoWni 01I 1 M13 MIMI I1
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WHEREAS, on December 5, 1994, the City Council of the City of Kalispell adopted the West
Side Urban Renewal District Plan as an amendment to the Kalispell City County
Master Plan, and
WHEREAS, on January 6, 1997, the City Council of the City of Kalispell passed Resolution No.
4309 entitled, "A Resolution Finding That An Area Of Blight Exists Within The
Area Of The West Side Urban Renewal District (Exhibit "A") And That
Rehabilitation, Redevelopment Or A Combination Thereof, Within Such Area Is
Necessary In The Interest Of The Public Health, Safety, Morals Or Welfare Of The
Residents Of The City Of Kalispell"; and
WHEREAS, the City Council of the City of Kalispell on the 17th day of March, 1997, adopted
Ordinance No. 1259, entitled "An Ordinance Approving The West Side Urban Renewal
Plan For The City Of Kalispell, Montana, As An Urban Renewal Plan; Providing For
The Segregation And Application Of Tax Increment In The West Side Renewal Plan;
Establishing January 1, 1997 As The Base Year For Calculating The Tax Increment;
Authorizing The City Manager To Implement The Plan With The Powers Contained In
The Urban Renewal Law; Establishing And Amendment And Modification Procedure;
And Declaring An Effective Date", and
WHEREAS, said Ordinance No. 1259 approved an urban renewal plan for blighted areas within
the West Side Urban Renewal Area which was described therein be developed in
accordance with the Montana Urban Renewal Law, and
WHEREAS, a certain urban renewal project has been submitted to the City for review by the Kalispell
City Planning Board and recommendation as to conformity with the Kalispell City
Growth Policy; and
WHEREAS, the Kalispell City Planning Board should review the project under Section
7-I5-4217, M. C.A. to determine:
a. the effect, if any, the project may have on persons displaced by the
projects
b. the conformity of the project with the Kalispell City Growth Policy,
c. if the project will afford maximum opportunity, consistent with the
needs of the community as a whole, to rehabilitate and redevelop the
urban renewal area by private enterprise, and
d. a sound and adequate financing program for the project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL,
SECTION L That the following Urban Renewal Project be submitted for review by the
Kalispell City Planning Board
a) The City of Kalispell and
propose entering into a Development Agreement with the objective
of developing certain tracts of land, within the Redevelopment
Area, generally known and referred to as the Ashley Square Mall
(hereinafter Project Area).
b) is the owner of certain real
property, described above, located within the West Side
Redevelopment Area, upon which it intends to redevelop
, together with all related improvements,
including, but not limited to, parking, landscaping, utilities and
access, with an assessed valuation of not less than
c) The City anticipates that the redevelopment of said property will
be accomplished by a Development Agreement between the City
and involving
d) The City anticipates that the Ashley Square redevelopment,
within the Project Area, will require certain on -site development and
infrastructure improvements, off -site improvements of benefit to the
City and the Redevelopment Area, including: 1) sanitary sewer, water
service, storm sewer, parking lot paving; 2); 3).; 4).; 5) miscellaneous
costs including permit fees, legal fees, surveying, landscaping, etc.;
and 6)
e) For payment of a portion of the costs of the Improvements, the
City proposes to expend for those Public Infrastructure
Improvements, through a Development Agreement, the sum of
$ , from the tax increment fund cash flow
account, on hand.
SECTION H. That a public hearing be scheduled on said Urban Renewal Project to be held on
the day of . 2009, at which time the City Council of
the City of Kalispell shall consider this Resolution of Intention, the Kalispell
City Planning Board report, public comment, and either accept, modify or
reject an Ordinance approving the said Renewal Project.
SECTION III. The City Clerk of Council is hereby authorized and directed to give proper legal
notice of said public hearing in accordance with Section 7-19-4213 M.C.A.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF .2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk