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1. Ordinance 1717 - West Side TIF District Expansion - 2nd ReadingCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, NIT 59903-1997 TO: Doug Russell, City Manager W Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com FROM: Charles Harball, City Attorney SUBJECT: Ordinance No. 1717 — An Ordinance to Expand the West Side Tax Increment Financing District to Overlay the West Side Urban Renewal District — Second Reading I 1 1 1111 q111 1111111111111,1111 11�1 11111 BACKGROUND: After hearing public comment at the duly noticed public hearing on November 5th, 2012, the City Council passed Ordinance No. 1717 on first reading to expand the boundaries of the West Side Tax Increment Financing District to coincide with the West Side Urban Renewal District so that TIF financing may be an available tool for redevelopment within the core area. RECOMMENDATION: It is recommended that the City Council adopt the proposed ordinance by passing the second reading. FISCAL IMPACTS: Passage of this ordinance expands the tax increment financing district, adding a substantial number of properties to the district. The additional properties have had the base valuation calculated. In the event these properties increase in value in the remaining years of the life of the TIF district, all property tax revenues derived from any incremental increase in taxable value will be remitted to the City for use by the City on TIF eligible projects. No new tax is generated for the property owner. Respectfully submitted, Charles Harball, Cit/Attorney Return to: City Clerk City of Kalispell P.O. Box 1997 Kalispell, MT 59903-1997 101 17 E—M,,Wv-[i 1 ORDINANCEAN 1 , APPROVING A PROPOSED MODIFICATION O THE BOUNDARIES OF 1 DISTRICT.INCREMENT FINANCING BE IT ORDAINED by the City Council (the "Council") of the City of Kalispell, Montana (the "City"), as follows: Section 1. Recitals. 1.01. The Council, pursuant to Ordinance No. 1259, (the "Original Ordinance"), adopted on March 17, 1997, created the West Side Urban Renewal District as an urban renewal district (the "District") and approved the West Side Urban Renewal Plan (the "Plan") for the District containing a tax increment financing provision all as set forth in the Ordinance. 1.02. The Plan has been in continuous existence since adoption. The Plan was updated and modified (the "Amended Plan") by Ordinance No. 1704 (the "2011 Ordinance") after a public hearing on October 17, 2011. 1.03. The Council, pursuant to the 2011 Ordinance, adopted on November 7, 2011, also amended the boundaries of the West Side Urban Renewal District in addition to approving amendments to the Plan. 1.04. The City's adoption of the Amended Plan by the 2011 Ordinance was done in conformance with the provisions of Montana Code Annotated, Title 7, Chapter 15, Part 42, as amended (the "Urban Renewal Act"). The provisions relating to amendments to the Urban Renewal Act do not apply to amendments to the Plan to add urban renewal projects since such amendments may be made in accordance with the provisions of the Original Ordinance as amended. 1.05. On the date hereof, this Council conducted a public hearing after publication and mailing notice of such publication, on the proposal to amend the boundaries of the West Side Tax Increment Financing District to be the same as those set forth in the Amended Plan. The public was given an opportunity to express its opinions with respect to the modification of the boundaries of the West Side Tax Increment Financing District. 1.06. The modification of the boundaries of the West Side Tax Increment Financing District is consistent with the prior approvals of this Council and the Kalispell City Planning Board with respect to the West Side Urban Renewal District and the Amended Plan. Section 2. Modification of the West Side Tax Increment Financing District. The modification of the West Side Tax Increment Financing District to coincide with the boundaries set forth in the Amended Plan is hereby approved. This approval of the modified boundaries of the West Side Tax Increment Financing District will provide additional options for urban renewal projects in the area covered by the Amended Plan and additional financing options for future urban renewal projects within the boundaries of the Amended Plan. Section 3. Modified Boundaries. Attached to this resolution as Exhibit A and made a part hereof is the legal description and map of the modified boundary of the West Side Tax Increment Financing District. Such boundary is the same as approved in the 2011 Ordinance for the Amended Plan. Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after approval on second reading. Tammi Fisher Mayor ATTEST: Theresa White City Clerk Beginning at the intersection of North Meridian Road and U.S. Highway 93 North in Section 6, Township 28 North, Range 21 West; thence southeasterly along the westerly right -of way boundary of said Highway 93 to its intersection with the southerly right-of-way boundary of West Colorado Street; thence westerly along said right-of-way line approximately 800 feet to the northeast corner of Assessor's Tract 5C in Section 7, Township 28 North, Range 21 West; thence southerly along the east boundary of said Tract 5C, a distance of approximately 545 feet to the northeast corner of 7"' Avenue West North; thence continuing southerly along the east right -of way line of 7"' Avenue West North to its intersection with West Washington Street; thence easterly, approximately 5,850 feet to the east end of East Washington Street; thence southeasterly along the southeast boundary of Assessor's Tract 30JD in Section 8, Township 28 North, Range 21 West, to the intersection of the northerly right-of-way boundary of U.S. Highway 2; thence northeasterly along said right-of-way line to the north right-of-way line of the Burlington Northern railroad line; thence southwesterly along said right-of-way line approximately 115 feet; thence southeasterly to the south right-of-way boundary of said railroad line; thence southwesterly along the south right -of way boundary of said railroad line approximately 1,765 feet to the northwest corner of Assessor's Tract 30A in Section 8, Township 28 North, Range 21 West; thence southerly, approximately 295 feet along the west boundary of said Tract 30A, to the southeast corner of Assessor's Tract 30-2 in Section 8, Township 28 North, Range 21 West; thence westerly along the south boundary of said Tract 30-2, approximately 50 feet; thence southerly along the centerline of Woodland Avenue to its intersection with First Street East; thence westerly along First Street, approximately 6,120 feet, to the west end of First Street West and the northeast corner of Assessor's Tract 5DDB in Section 18, Township 28 North, Range 21 West; thence southerly to the southeast corner of said Tract 5DDB; thence westerly along the south boundary of said Tract 5DDB and Assessor's Tract 5DDA to the westerly right-of-way line of Meridian Road; thence northerly along said west right-of-way line approximately 740 feet to the southeast corner of Assessor's Tract 14AA in Section 13 Township 28 North, Range 22 West; thence southwesterly approximately 316 feet along the north right-of-way boundary of the Burlington Northern railroad line to the southeast corner of Lot 1 of Appleway Business Park; thence north along the east boundary of said Lot 1, to the south right-of-way line of Appleway Drive; thence continuing along a northerly extension of the east boundary of said Lot 1, to the north right-of-way line of Appleway Drive; thence easterly along said right-of-way line, approximately 60 feet to the southwest corner of Circle K Addition; thence northerly, approximately 545 feet, along the west boundary of Circle K Addition and Assessor's Tract 1C in Section 12, Township 28 North, Range 22 West, to the northeast corner of Assessor's Tract 1E in said Section 12; thence westerly along the north boundary of said Tract IE and Assessor's Tracts 1B and IA in said Section 12, to the northwest corner of Assessor's Tract 1A in Section 12; thence southerly along the west boundary of said Tract IA, approximately 390 feet to the southwest corner of said Tract IA; thence easterly, approximately 175 feet, along the north boundary of Assessor's Tracts 7BCA and IAA in said Section 12, to the northeast corner of Tract IAA; thence southerly along the east boundary of Tract IAA to the north right-of-way line of Appleway Drive; thence westerly along said right-of-way line approximately 923 feet; thence northwesterly, approximately 185 feet and crossing U.S. Highway 2, to the intersection of the south end of Corporate Drive and U.S. Highway 2; thence westerly, approximately 350 feet, along the north right of way line of U.S. Highway 2 to its intersection with the south quarter corner line of Section 12, Township 28 North, Range 22 West; thence north along said quarter section line approximately 620 feet to a point; thence west, approximately 660 feet, to the northwest corner of Assessor's Tract 6L in said Section 12; thence north approximately 650 feet, on a line extended and parallel to the west line of said Tract 6L, to the southwest corner of the southern park area in the Greenbriar Estates subdivision; thence continuing north along the west boundary of said Greenbriar Estates subdivision, approximately 1,280 feet, to the south right-of-way line of Two Mile Drive; thence easterly along said right-of-way line to the northeast corner of the northern park area in the Greenbriar Estates subdivision; thence easterly and southerly along the north boundary of Greenbriar Estates subdivision, to the northwest corner of Lot 13 of the Westwood Park subdivision; thence east along the north boundary of said Westwood Park subdivision, approximately 150 feet, to the southeast corner of Assessor's Tract 20 in Section 12, Township 28 North, Range 22 West; thence north along the west line of Lot 11 and the Common Area in the Westwood Park subdivision, to the south right-of-way line of Two Mile Drive; thence east along the south -right -way line of Two Mile Drive, approximately 765 feet to a point; thence north to the north right-of-way line of Two Mile Drive; thence continuing north approximately 1,205 feet, along the west boundaries of the Porta Villa, Teton Terrace, and Hawthorne West VI subdivisions, to the northwest corner of the Hawthorne West VI subdivision; thence west, approximately 900 feet along the south boundaries of the Valley View Apartments, El Dorita Village and Liberty Village subdivisions, to the southwest corner of the northeast quarter of Section 12, Township 28 North, Range 22 West; thence north along the west line of the northeast quarter of Section 12, a distance of approximately 580 feet, to the southwest corner of Assessor's Tract 5AF in Section 12; thence east, approximately 180 feet, to the southwest corner of Lot 2 of Lantis Subdivision; thence north along the west boundary of said Lantis Subdivision to the northwest corner of Lot 1; thence east to the northeast corner of Lot 1 of said Lantis Subdivision; thence southeasterly and easterly along the north boundary of Lots 1 and 2 of Lantis Subdivision, to the northeast corner of Lot 2; thence south, approximately 60 feet along the east boundary of Lot 2 of Lantis Subdivision, to the northwest corner of Faith Addition; thence east along the north boundary of Faith Addition, to the northeast corner of said Faith Addition; thence north along the west boundary of Olson Addition; thence continuing north, approximately 75 feet on a line that is a northerly extension of the west boundary of said Olson Addition, to the centerline of Three Mile Drive; thence east, approximately 680 feet along the centerline of Three Mile Drive; thence north, approximately 30 feet, to the west right-of-way line of Northwest Lane; thence continuing north along said right-of-way line, approximately 1,308 feet, to the end of Northwest Lane; thence east, approximately 40 feet to the northwest corner of Lot 1A of Sinopah Subdivision; thence continuing east, approximately 595 feet along the north boundary of Sinopah Subdivision, to the southwest corner of Lot 3 of Block 1 of Northridge Heights; thence north along the west boundary of said Lot 3, approximately 110 feet, to the northwest corner of said Lot 3; thence continuing north, approximately 60 feet on an extension of the west boundary of said Lot 3; thence east to Parkwood Lane; thence northerly along Parkwood Lane, approximately 900 feet to the northwest corner of Lot 9 of Block 2 of Northridge Heights; thence east along the north boundary of said Lot 9, to its intersection with U.S. Highway 93 North; thence southeasterly along U.S. Highway 93 North to the intersection of Meridian Road and the point of beginning. Excepting therefrom: A tract of land located in the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southeast 1/16 corner of said Section 12; thence South 89°33'54" West on and along the north boundary of said SW 1/4 SE 1/4 a distance of 293.24 feet to a point, which point is the True Point of Beginning; thence South 89'33'54" West continuing on and along said North boundary a distance of 218.02 feet to a point; thence South 00°38'30" West a distance of 200.00 feet to a point; thence North 89°33'54" East a distance of 218.02 feet to a point; thence North 00'38'30" East a distance of 200.00 feet to the True Point of Beginning. Tract 1 of Certificate of Survey No. 10766 And excepting therefrom: Parcel 00977 GN The Northwesterly 30.0 feet of The Burlington Northern and Santa Fe Railway Company (formerly Great Northern Railway Company) 100.00 foot wide Branch Line right of way, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as now located and constructed upon, over, and across the SW 1/4 NE 1/4 of Section 8, Township 28 North, Range 21 West of the Montana Principal Meridian, Flathead County, Montana, being a portion of the property conveyed from the Kalispell Townsite Company to the St. Paul, Minneapolis and Manitoba Railway Company by instrument dated August 25, 1892 and filed for record in the office of the recorder of deeds in and for Flathead County, Montana on October 3, 1892 in Deed Book 4, Page 472, and lying between two lines drawn parallel with and distant, respectively, 20.0 feet and 50.0 feet Northwesterly of, as measured at right angles from said Main Track centerline, and bounded between the North line of said SW 1/4 NE 1/4 and a line drawn at right angles to said Main Track centerline distant 700.0 feet Southwesterly of said North line of the SW 1/4 NE 1/4, as measured along a line drawn parallel with and distant 20.0 feet Northwesterly of, as measured at right angles from, said Main Track centerline. And excepting therefrom: A tract of land in Government Lot 4, of Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the Southwest corner of said Lot 4; thence Easterly along the South boundary of said Lot 4 a distance of 203 feet, more or less to the point of intersection with the Northerly boundary of the Great Northern Railway Company right-of-way; thence North 76°11' East along the Northerly boundary of said railroad right-of-way a distance of 498 feet to its point of intersection with the center line of the Kalispell Lumber Company spur tract, and which point is the point of beginning of the tract to be described herein; thence from said point of beginning, North 76'11' East along the Northerly boundary of the Great Northern Railway Company right-of-way a distance of 395 feet more or less, to an intersection with the Westerly line of the Great Northern Railway Company right-of-way; thence North 13°49' West along the said Westerly line of the Great Northern Railway Company right-of-way a distance of 250 feet; thence North 76°11' East along the Northerly boundary of the Great Northern Railway Company right-of-way to its point of intersection with the Westerly boundary of Eighth Avenue West North; thence North 13°49' West along the Westerly boundary of said Eighth Avenue West North, 252 feet; thence South 76°11' West a distance of 92 feet more or less to a point on the center line of said Kalispell Lumber Company spur tract as same is now located, thence Southwesterly along the center line of said spur tract to the place of beginning.