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04. Ordinance 1259 - Adopt TIF Westside Urban Renewal Plan - 2nd ReadingAgenda -March 10,1997 The Kalispell City -County Planning Board considered Resolution No. 4309, a resolution of intent to create the Westside Urban Renewal Tax Increment Finance District Urban Renewal Plan. The proposed area of the Plan encompasses the area of the North Meridian Neighborhood Plan and an additional area South of Idaho Street in the 7th West North area. At the Council Meeting of March 3rd, the area of the Urban Renewal Plan, was reduced by eliminating property owned by Flathead County and used in association with the Fair Grounds. The Council also amended the Ordinance to allow for possible School District #5 participation should certain prerequisites be met. If the district is created there are several projects proposed for the area including revitalization of the Gateway West Mall, reconstruction of Meridian Road, and storm drainage improvements. The Plan has been drafted by Community Development outlining the various financing options available to the City in implementing potential projects. Tax Increment Financing will be the primary source of funds for the projects implemented Agenda -March 10,1997 pursuant to the plan. A copy of the FRDO Staff Report and a "draft" of the Plan have been included in your packet. The Ordinance creating the West Side Tax Increment Urban Renewal Plan, as amended by the Council, will be available for second reading. Flathead Regional Development Offiee 723 5th Avenue East - Room 414 Kalispell, Montana 59901 February 18,199'7 Phone: (406) 755-5980 Fax: (406) 758-5781 Tt City of # P.O. .• Kalispell,90 Re. Planning Board Consideration of the West Side Urban Renewal Plan - _�7- Dear Clarence: The Kalispell City -County Planning Board and Zoning Commission held their regular meeting of February 11,199Z to consider the West Side Urban Renewal Plan in accordance with, Section 7-15-h213(1) M.C.A. which states that "Prior to the approval of an urban renewal project, the local governing body shall submit the urban renewal project to the planning commission of the municipality for review and recommendations as to its conformity with the comprehensive plan or parts thereof for the development of the municipality as a whole." the Plan to encourage economic development and expansion in. established commercial areas, and #.g:-a# • of #: #... 'inftastructure, i,-M reconstruction ..F li ofMeridian Road. Richard Mendenhall, a representative for the Woodmen Property LC from Salt Lake City, talked about their#••- .• - efforts • -•- #i• of i- and how they intended to provide a benefit to the community through redevelopment of the mall,than buildingM The Board discussed the West Side Urban Renewal and agreed that it is a valuable project for the City as well as the community. The motion was made to find that the West Side Urban Renewal Plan will implement the goals of the Kalispell City -County Master Plan and the North Meridian Neighborhood Plan, improve infrastructure and investment opportunities m the area as well as increase the tax base. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls - City of Kalispell • City of Whitefish • Clarence Krepps, City Manager West Side Urban Renewal Plan Page 2 The Planning Board recommends that the City Council move ahead with the creation of the tax increment finance district and the implementation of the West Side Urban Renewal Plan This matter has been scheduled for public hearing at the regular meeting of the City Council on March 3,1997. Please contact this Board or Narda Wilson at the Flathead Regional Development Office if you have any questions. Therese Fox Hash President TlH/NW/eo Attachments: FRDO Report #I(RD-96-3 and packet Minutes from the 2/11/97 Planning Board meeting to folio! C Larry Gallagher, Director of PECDD c w/Att Debbie Gifford, Clerk of Council WRENEWAL Y TAX INCREMENT FINANCE DISTRICT FLATHEAD REGIONAL DEVELOPMENT OFFICE STAFF REPORT #KRD-96-3 FEBRUARY ►. • A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding the adoption of a West Side Urban Renewal Plan and the creation of the West Side Tax Increment Finance District. A meeting on this matter has been scheduled before the Kalispell City -County Planning Board for February 11, 1997 in the Kalispell City Council Chambers, beginning at 7:00 p.m. The planning board will make a recommendation to the Kalispell City Council who will then schedule a public hearing on the matter. BACKGROUND The City of Kalispell has been working to encourage economic development and planned growth in the west side of Kalispell. This began with the North Meridian Neighborhood Plan which was adopted approximately two years ago as an addendum to the Kalispell City -County Master Plan. Several issues were identified in the plan with regard to the redevelopment of the area. Since that time, other issues have arisen in the area that should be considered as a part of this general area. These issues include the redevelopment of the Gateway West Mall, the reconstruction of Meridian Road, storm water drainage in the area, and the general upgrading of infrastructure. The Kalispell City Council passed a resolution on January 6, 1997, to consider the creation of a West Side Tax Increment Finance District which includes the North Meridian Neighborhood Plan area. The Kalispell Department of Community Development has prepared a West Side Urban Renewal Plan which establishes district boundaries and outlines potential projects within the area. The plan and map are attached as Exhibit A. Once a tax increment finance district has been established, the City is then able to issue and sell tax increment bonds to finance all or a portion of the urban renewal projects. Some of the projects outlined in the West Side Urban Renewal Plan include a cooperative effort with Woodmen Property L.C. from Salt Lake City, Utah, and the City of Kalispell for the redevelopment of Gateway West Mall, generating tax revenues to facilitate the reconstruction of Meridian Road which will include a bike and pedestrian trail and the general upgrading of roadways, drainage systems, and buildings in the area. The Montana Code requires that the planning board of the municipality review the proposed urban renewal plan and make a recommendation to the City Council as =to its conformity with the master plan. After receiving the planning board's 1 comments, the city council will schedule a public hearing on the matter. Notice of the public hearing is required to be provided to all of the property owners* within the proposed urban renewal district. The proposed boundaries for the West Side Urban Renewal/Tax Increment Finance District includes all of the area within the Meridian Neighborhood Plan Kalispell and properties to the south and west. Those properties are shown on the map included in Exhibit A and can be generally described as follows: The northern boundary beginning at the intersection of Highway 93 and Meridian Road; then southeast along Highway 93 to Colorado; then heading west along Colorado to Seventh Avenue W.N.; the south to First Street West; then west to Meridian and the city limits; then following the city limit to Applev,ay Drive and continuing to follow the western boundary of the city limits to Three Mile Drive; then east to Northwest Lane; then north to Parkway Drive to the point of beginning; i.e., the intersection of Meridian Road and Highway 93. Projects within the urban renewal district can be considered for assistance through tax increment financing and may be eligible for low -interest loans for urban renewal, rehabilitation and construction of new buildings, thereby increasing the City's tax base. The increased revenue will be used to pay off the bonding obligations within a relatively short period of time and will ultimately generate more tax revenue for the City. Parts 42 and 43 of the Ml ontana Code Annotated are cited as the "Urban Renewal Law." Part 42 provides a statement of policy in blighted areas, the need for redevelopment and rehabilitation of blighted areas, as well as the preparation of an urban renewal plan. Section 7-15-4213 through Section 7-15-4215 outlines the responsibilities of the Planning Commission and hearing requirements on the urban renewal plan. Part 43 provides for the authorization to issue urban renewal bonds, infrastructure development bonds, obligations for the repayment of bonds and other financing elements. With regard to the Planning Commission, Section 7-15-4213(1) states that "Prior to the approval of an urban renewal project, the local governing body shall submit the urban renewal project to the planning commission of the municipality for review and recommendations as to its conformity with the comprehensive plan or parts thereof for the development of the municipality as a whole." Further, Section 7-15-4213(2) states, "The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 60 after receipt of it." Subsequent to receiving the recommendation of the planning board, the City Council will schedule a public hearing on the matter. All property owners within the proposed district will be notified by mail. This notice will include the date and time of hearing, area proposed for urban renewal and a general scope of the plan. "Goals and Objectives" are listed in the Kalispell City -County Master Plan. Goal S, Economy, encourages a healthy diversified economy promoted by planning the location of design of shopping areas and tourist facilities. Goal 6, Land Use, encourages the orderly development of land with ample space for future growth which is compatible with adjacent land uses. The master plan also encourages the efficient use of transportation facilities and existing infrastructure. The proposed West Side Urban Renewal Plan promotes the goals of the master plan by upgrading the existing infrastructure and encouraging economic development and expansion in established commercial areas. The North Meridian Neighborhood Plan includes a policy section which identifies four issues and goals. Several of the policy statements intended to facilitate the goals for the plan encourage the Community Development Department to adopt a redevelopment plan for the area which will assist in the redevelopment or relocation of non -compatible buildings or uses, facilitate the construction of safe traffic and pedestrian traffic, and facilitate the development of full services in the area. The proposed West Side Urban Renewal Plan promotes the goals of the neighborhood plan by providing a financing mechanism to achieve the upgrading and/or construction of compatible uses and infrastructure in the area. Staff would recommend the Kalispell City -County Planning Board find that the proposed West Side Urban Renewal Plan and the proposed tax increment finance district furthers the goals of the Kalispell City -County Master Plan and the North Meridian Neighborhood Plan and that they recommend to the Kalispell City Council that they proceed with the public hearing process. H: \ FRDO \REPORTS \KALISPEL\KRD96-3. RPT 3 EXHIBIT "A" WEST SIDE URBAN RENEWAL TAX INCREMENT FINANCE DISTRICT URBAN RENEWAL PLAN INTRODUCTION On January b, 1997, the Kalispell City Council adopted Resolution No. 4309 finding that one or more blighted areas exist within the areas of the North Meridian Neighborhood Plan (Exhibit "A"), and an additional area described below (Exhibit "B"). The North Meridian Neighborhood Plan in general covers an area bounded by U.S. Hwy 2 on the south, U.S. Hwy 93 and Wedgewood Lane on the north; 7th Avenue WN on the east; and Hawthorne Avenue and Northern Lights Blvd on the west. The additional area is formed by extending the easterly 7th Avenue WN boundary described above, south across the railroad tracks to 7th Avenue West and then westerly to include all of the B-2 zoned parcels abutting the south right-of-way of West Center Street to the west Kalispell City Limits at Meridian Road and then north along the westerly boundary of the Kalispell City Limits to Northern Lights Blvd. It was found 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. The primary goals in creating the Westside Urban Renewal Tax Increment Finance District are to implement the North Meridian Neighborhood Plan that was adopted as an amendment to the Kalispell City -County Master Plan in December of 1994, by both the Kalispell City Council and the Flathead County Board of Commissioners to assist, if necessary, in the redevelopment of the 39.5 acres encompassing the Gateway West Mall and the former Crop Hail Building, and to use available tax increment funds to assist in the reconstruction of Meridian Road and associated projects such as providing storm drains in the area. URBAN RENEWAL PROJECTS The West Side Urban Renewal Tax Increment Finance District Urban Renewal Plan (the "Plan") contains many undertakings that need to be implemented under the authority of this Plan. As specified in Part 42, Urban Renewal, MCA, the purpose of an Urban Renewal Plan is to assure that a sound and adequate financial program exists for the financing of Urban Renewal projects. The following is a brief description of the City of Kalispell's intent to use Tax Increment Funds to implement and finance eligible Urban Renewal Projects: GATEWAY WEST MALL REDEVELOPMENT Westfield Properties Inc., of Salt Lake City, Utah, has entered into a joint venture relationship with Woodbury Corporation, also he Aquartered in Salt Lake City, UT, forming, WQODMEN ..e PROPERTIES L.C., to pursue the redevelopment of Gateway West Mall and related properties. (Exhibit "C"). The property comprises approximately 39.5 acres with the two primary components being the Gateway West Mall and the former Crop Hail Building, which is currently owned'�by Egghead Software Company. Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3,1997 Woodmen Properties L.C. has an option with the mall owners, Collier -Heinz, to redevelop and expand the existing mall. It is their intention to proceed under the Urban Renewal Law by developing a workable and feasible plan, which can be implemented through private enterprise without the exercising of eminent domain. As stated in their proposal: "Our goal is to reverse the trend toward deteriorating physical facilities and falling property values associated with the Property. We would intend to make immediate efforts to create new tenancies in the existing facilities as we move forward with the formation of an acceptable redevelopment plan. As the redevelopment plan is established, we are prepared to make the necessary investment to eliminate the blight and economic distress currently associated with the Property. At the present time we are studying the redevelopment of the Property under three different scenarios: a. Regional retail mall with three -anchor configuration and associated out parcel retail. b. Business park with multiple low-rise office buildings and limited retail facilities. c. Mixed -use office and retail. ... we would estimate that the investment and redevelopment process could result in a market value for the Property of $20,000,000 to $22,000,000 which represents a substantial increase over the current combined assessed value of the property of $7,857,378. Additionally, this type of redevelopment activity, once completed, will generally require a labor force of approximately 900 to 1,000 individuals to support the ongoing operations associated with the businesses which will locate in the Property. Further, it is important to note that of these jobs, we would estimate that 75% will be new jobs created by businesses locating in Kalispell for the first time." As the analysis shows in Exhibit C, the post redevelopment of the Gateway West Mall could generate an annual tax increment of $284,827. This new incremental tax value will support the issuance of an urban renewal bond in excess of $2,000,000. The bond proceeds will assist in the redevelopment of the Property in accordance with applicable statues, Part 42, Urban Renewal, and as specified in Section 7-15-4288, MCA. The specific redevelopment plan will depend on market conditions and development scenarios as outlined above. NORTH MERIDIAN NEIGHBORHOOD PLAN The North Meridian Neighborhood Plan was adopted as an amendment to the Kalispell City - County Master Plan in December of 1994. The Neighborhood Plan was adopted to serve as a guide for the most appropriate action to take when a request for a change in zoning or major development is proposed for the area. The land immediately adjacent to Meridian Road generally 'J Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 has a haphazard organization to its zoning and land use pattern. This situation makes it difficult for property owners to predict what will happen regarding land use in their neighborhood. In addition to the land use and zoning, the Plan looks at the needs of the neighborhood regarding infrastructure, such as roads, pedestrian access, water, sewer, and storm drainage, and sets general policies toward supplying those services. The Plan identifies four (4) major issues of concern in this area and outlines goals to address each of these issues. Those goals are identified as follows: ISSUE l: The present urbanized land use pattern incorporates a haphazard and incompatible mix of uses. GOAL l: To set a pattern of land use that incorporates sensitivity to neighboring uses. This could be done by encouraging multi -use commercial development along Meridian Road and U.S. Hwy 2, and primarily west of Two Mile Drive, and by encouraging attached single family or apartment type dwellings to buffer the commercial development from the single family development to the east. Using tax increment funds the City could also assist with the relocation of businesses that are incompatible with the zoning so that the land could be redeveloped with a use that is compatible with the surrounding area and with the zoning. Certain public utility companies located on Meridian Road are facing difficulties in expanding their offices because of zoning designations. A public utility company located on Meridian Road had at one time shown an interest in purchasing additional property adjacent to their's so that they could expand and consolidate their offices. When the North Meridian Neighborhood Plan was adopted as an amendment to the Kalispell City -County Master Plan, this property and those surrounding it were designated for future high density residential zoning. Because the Kalispell City -County Master Plan designates the entire area around the utility company as high density residential, they were unable to apply for a zone change to allow their business to expand. The City, with tax increment funds, could assist with the relocation of these public utility companies and encourage the redevelopment and re -use of these sites to a use that is compatible with the Neighborhood Plan. ISSUE 2: The interaction of pedestrians, bicycles, and vehicles can create dangerous situations. GOAL 2: Create a circulation pattern that maintains a separation of incompatible systems. This could be done by providing sidewalks and boulevards along all major streets and roads and by encouraging bicycle lanes that are separate from the vehicle traveling lanes on Meridian Road, 3 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 Three Mile Drive and Two Mile Drive. This could be done also by implementing the portion of the Kalispell Transportation Plan that deals specifically with the reconstruction of Meridian Road. ISSUE 3: As the City grows, additional traffic will strain the existing system snaking it more dangerous. GOAL 3: Create a street system that can accommodate increases in traffic safely. The reconstruction of Meridian Road from U.S. Hwy 2 north to U.S. Hwy 93 is a significant factor in creating a street system that can handle the increased volumes of vehicle and pedestrian traffic in this area. ISSUE 4: City services are not yet available to parts of the North Meridian area. GOAL 4: Provide a full range of services to the area. While infrastructure such as water, sewer, and storm drains exist in the area, these improvements are discontinuous. Storm drains, sewer mains, and water mains should be extended to those areas not served by such improvements. The City could possibly assist in the construction of these improvements with tax increment funds. MERIDIAN ROAD RECONSTRUCTION The adopted Kalispell Transportation Plan has identified the reconstruction of North Meridian from U.S. Hwy 2 West north to U.S. Hwy 93 North as the top priodtJ for urban system funding. The project includes the widening of the road to accommodate additional travel lanes, turn lanes, curb, gutter, and pedestrian/bicycle facilities. Design and construction documents are scheduled to be completed late summer, 1997. Project funding comes from Urban Highway Funds with a current credit of approximately $1 million. Total project costs are estimated at $3.1 million with an additional $500,000 needed for related storm drainage improvements. The funds accrue to the project account at $235,000 per year, thus requiring another eight years before construction contracts could be awarded. Additional right-of-way will also be needed, creating impacts on several properties fronting Meridian Road. As tax increment funds become available from the redevelopment of Gateway West Mall and other properties in the district, the West Side Urban Renewal Plan provides a variety of financing options to expedite the reconstruction project. The road and intersections are at or over capacity now, with increasing traffic because of steady growth of commercial and residential development 4 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 on the west side of Kalispell. Improvements to North Meridian Road are critical to the proper growth of the area to stabilize and improve the tax base. FLATHEAD COUNTY FAIRGROUNDS The 57 acre fairgrounds has been the subject of several recent studies analyzing the costs and implications of relocation versus rehabilitation. One of the goals of Urban Renewal is to eliminate blight and blighting influences. A recent assessment by fire and building code officials identified extensive structural and life -safety deficiencies that need correction in the immediate future. The studies are extensive and need not be duplicated in this plan, but as the Urban Renewal Plan is adopted and implemented for the west side area, the fairgrounds are utilized by a wide variety of activities occurring year round, and will continue to be a dominant land -use commanding planning and financial resources. The creation of the West Side Urban Renewal Tax Increment Finance District will provide additional opportunities to redevelop the fairgrounds to its highest and best use. INFRASTRUCTURE IMPROVEMENTS The west side of Kalispell has grown piecemeal over the decades, with city services of sewer and water extended incrementally when requested by developers. Road construction has been limited and added onto narrow County roads as expediency dictated. Major widening and reconstruction of existing roads along with new arterials are critical to reduce the increasing traffic congestion associated with the retail and residential development rapidly occurring on the west side. Storm drainage and flood plain management are two other critical areas that need analysis to develop and implement solutions. PROPERTIES SOUTH OF U.S. Hwy 2 WEST The area lying to the south of U.S. Hwy 2, east of Meridian Road, has been included into the West Side Urban Renewal Tax Increment Finance District to encourage and facilitate the following projects: l . To assist in the redevelopment of private property to provide opportunities for light industrial uses in an appropriate neighborhood of similar uses. 2. The construction of additional access roads to better serve underutilized industrial land. 3. Completion of storm drain and flood plain mitigation measures implemented on the north end of the district. 4. Extension of water mains to provide adequate pressure for fire hydrant flows. `5 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 FINANCING OPTIONS FOR URBAN RENEWAL PROJECTS Tax Increment Financing ("TIF"} may only be used in conjunction with the implementation of an urban renewal plan and project. The City Council must declare that urban renewal is "necessary and in the public interest" and that blight exists in an area. The principal of TIF is that the redevelopment project is financed through the use of new tax dgum zentrated as a result of increased private investment stimulated by a redevelopment project. It assumes that the existence of blight has a deleterious effect on private investment in an area. It must also be assumed that if the City of Kalispell adopts a redevelopment plan which will instill developer -investor confidence, the existing tax base will be maintained at least at present levels and improved measurably over the term of the project. The tax increment financed urban renewal project, then, is intended to assure that all levying agencies (schools, state, county, city) may continue to count on a stable "original" base value of private property on which to levy taxes. Any increase in the fair market value of property above the "original base" value, or the increment, will generate new tax dollars; tax dollars that in all probability would not exist were it not for the urban renewal project. Tax increment is "... the collections realized from extending the tax levies, expressed in mills, of all taxing bodies in which the urban renewal area or an industrial district or a part thereof is located against the incremental taxable value." (Section 7-I5-4283(8), MCA) "The tax increment, (the new tax dollar) if any, received in each year from the levy of the combined mill rates of all the affected taxing bodies against the incremental taxable value within the urban renewal area ... shall be paid into a special fund held by the treasurer of the municipality and used as provided in 7-15-4282 tbru 7-15-4292." (Section 7-15- 4286(2)(a), MCA) The tax increment may be used to pay the following costs of or incurred in connection with an urban renewal project: 1. land acquisition; 2. demolition and removal of structures; 3. relocation of occupants; and 4. the acquisition, construction, and improvement ... of streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, public buildings, and other public improvements ... and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred. (Section 7-15-4288, MCA) 6 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 Tax increment funds may be pledged for the payment of revenue bonds issued for urban renewal projects or of general obligation bonds, revenue bonds, or special assessment bonds issued to pay urban renewal costs (Section 7-15-4290, MCA). All of these bonds are tax exempt, i.e., the interest earned by the bond buyer cannot be taxed as income, therefore, a lower than market rate of interest is paid by the seller (municipality). Urban renewal should result in measurable, tangible benefits, as well as keep the area's base taxable value from declining. The base taxable value means, "the actual taxable value of all taxable property within an urban renewal area ... prior to the effective date of a tax increment financing provision" (Section 7-15-4283(2), MCA). If blight is eliminated, and if investor - developer confidence is restored in the area, all levying agencies may continue to share in the taxes generated by the base. After urban renewal costs have been paid and all bonded indebted- ness for the project satisfied, the segregation of tax increment will cease and all taxing bodies will share in taxes generated by the improved tax base. There are no tax benefits or fair market value reductions to properties within the area. Such properties will, however, benefit from any improvements within the area which may occur because of the project. URBAN RENEWAL BONDS AND REFUNDING BONDS A municipality has the power to issue bonds to finance urban renewal, including the payment of principal and interest upon any advances for surveys and plans, and to issue refunding bonds for the payment of such bonds previously issued. Such bonds shall be authorized by resolution or ordinance of the local governing body and shall not pledge the general credit of the municipality (Section 7-15-4301, MCA). Specifics related to urban renewal bond authority are contained in Chapter 7, Title 15, Part 43, of the Montana Code Annotated. CONCLUSION The true test of any redevelopment and/or economic development plan will be whether or not the plan stimulates private investment which results in jobs, an improved tax base, and a more humane environment. This statement has been reiterated throughout this text because it is important. Planners, community leaders, and elected off vials must realize that investor developers are motivated by profit, reasonably secure investment, and the opportunity for investment growth. We should perhaps add that it is a delusion to assume that a businessperson's social conscience will prevail over his or her desire for profit, and thus compel them to invest in our communities and at Kalispell City. Redevelopment; and economic development plans must not just treat the symptoms of blight, inadequate public improvements and a stagnant tax base, but attack the cause - lack of profit incentive. Federal and state programs are now focusing on leveraging private dollars with 7 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan February 3, 1997 limited grants; local government also ought to channel its efforts in that direction. In order to do so, local government needs to understand what profit incentives are available to businesses in addition to: low interest loans, grants, good planning, adequate public services, technical assistance required, and local governments' interest in viability of businesses. 8 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 Contact: Tom Jentz, Director 758-5980 KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION TO CONSIDER ADOPTION OF THE WEST SIDE URBAN RENEWAL PLAN AND THE CREATION OF AN URBAN RENEWAL / TAX INCREMENT FINANCE DISTRICT The Kalispell City -County Planning Board and Zoning Commission will hold their regular meeting on Tuesday, February 11, 1997 beginning at 7:00 p.m. in the Council Chambers, Kalispell City Hall, 213 First Avenue East, Kalispell. During this meeting, the Planning Board will consider the adoption of a West Side Urban Renewal Plan and the creation of the West Side Urban Renewal / Tax Increment Finance District and will make a recommendation to the Kalispell City Council as required by the Montana Code, Section 7-15-4215. The City of Kalispell Department of Planning, Economic and Community Development has prepared a document known as the West Side Urban Renewal Plan which defines an area for redevelopment that contains approximately 498 acres of property. This urban renewal plan also identifies several projects that may be undertaken by the City. These projects include the Gateway West Mall Redevelopment, Meridian Road Reconstruction, and other infrastructure improvements. The Planning Board will forward a recommendation to the Kalispell City Council. The City Council will hold a public hearing on this matter once the Planning Board has had the opportunity to make a recommendation. Documents pertaining to the above agenda items are on file in the Department of Planning, Economic and Community Development located at 248 Third Avenue East or at the Flathead Regional Development Office, 723 Fifth Avenue East, Room 414, Kalispell, MT 59901, and are available for public review during regular office hours. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. Comments in writing may be submitted to the Planning, Economic and Community Development Office or the Flathead Regional Development Office at the above address prior to the date of the hearing.. u If you have any questions regarding this matter, please c€ n'tact Tom Jentz, Director; "Flathead Regional Development Office at 758-5980. MTFR.DWSAMWESTSIDE Providing Community Plannee To: • Flathead County • City.of Colum iia Falls • ty.a aiispell • City of Whi%(AiAN Wit;- ORDINANCE NO. 1259 AN ORDINANCE APPROVING THE WEST SIDE REDEVELOPMENT PLAN ANALYSIS FOR THE CITY OF KALISPELL, MONTANA AS AN URBAN RENEWAL PLAN; PROVIDING FOR THE SEGREGATION AND APPLICATION OF TAX INCREMENT IN THE WEST SIDE URBAN RENEWAL PLAN; ESTABLISHING JANUARY IST, 1997 AS THE BASE YEAR FOR CALCULATING THE TAX INCREMENT; AUTHORIZING THE MANAGER TO IMPLEMENT THE PLAN WITH THE POWERS CONTAINED IN THE URBAN RENEWAL LAW, ESTABLISHING AN AMENDMENT AND MODIFICATION PROCEDURE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, under the provisions of the Montana Urban Renewal Law, the City Council of the City of Kalispell, Montana, did adopt Resolution No. 4309 finding that 1) blighting conditions exist within the area of the West Side Urban Renewal District, and 2) that rehabilitation, redevelopment or a combination thereof, within the area is necessary in the interest of public health, safety and morals or welfare of the residents of the City of Kalispell, and WHEREAS, the City Council of the City of Kalispell acting in its capacity as the Urban Renewal Agency has directed that an urban renewal plan for the blighted areas be developed in accordance with the Montana Urban Renewal Law; and WHEREAS, the City Council of the City of Kalispell, Montana (herein Agency) has caused to be made detailed studies of the land uses, ownership, building conditions, demographics, transportation and safety within the Neighborhood Plan area and determined that said factors contribute to blighted conditions under § 7-15-4206, MCA, and are detrimental and a menace to the safety, health and welfare of the inhabitants and users of the area, and WHEREAS, the Agency has been fully apprised and is aware of the factors and conditions, and WHEREAS, there has been prepared an Urban Renewal Plan for the project, known as the West Side Urban Renewal Tax Increment Finance District Urban Renewal Plan (hereinafter Plan), and j:\wp\ord\Westside WHEREAS, in accordance with Title 7, Chapter 15, Part 42, Montana Code Annotated, the City/County Planning Board is the duly designated and acting official planning body for the City and has submitted to the Agency its input and recommendations with respect to the Plan and has certified that the Plan conforms to the general plan for the locality and the Agency has duly considered the input, recommendations and certification of the Planning Board, and WHEREAS, the Plan has been referred to the Agency for review and approval. The Plan consists of textual matter inclusive of supporting material and maps and is attached hereto as Exhibit "A" and by this reference made a part hereof, and WHEREAS, the Plan for the project area requires, among other things: a. setting a pattern of land use incorporating sensitivity to neighboring uses; b. creating a circulation pattern that maintains a separation of incompatible uses; C. creating a street system that can accommodate increases in traffic safety; and d. provide full'range of services to area. WHEREAS, the Agency is aware that a market exists in the area for additional residential units, retail space, professional space and other commercial uses consistent with the Plan, and WHEREAS, the City will comply with Federal and State laws governing the relocation of person(s) displaced as a result of implementation of the Plan, and WHEREAS, the members of the Agency have general knowledge of the conditions prevailing in the project area and the availability of property for the relocation of families, businesses and recreational property that may be displaced by implementation of the Plan, and have determined that a relocation program is both workable and feasible for the needs of the project area, and j:\wp\ord\Westside WHEREAS, under § 7-15-4286, MCA mill rates of taxing bodies for taxes levied after the effective date of the tax increment provision shall be calculated on the basis of the sum of the taxable value, as shown by the last equalized assessment roll, of all taxable property located outside the urban renewal area and the base taxable value of all taxable property located within the urban renewal area. The mill rate so determined shall be levied against the sum of the actual taxable value of all taxable property located within as well as outside the urban renewal area. The tax increment, if any, received in each year from the levy of the combined mill rates of all the effected taxing bodies against the incremental taxable value within the urban renewal area, except for the university system mills levied and assessed against property as defined in 7-15-4292 (6)(a), shall be paid into a special fund held by the treasurer of the municipality and used as provided in 7-15-4282 through 7- 15-4292, MCA, and WHEREAS, the Agency is cognizant of the conditions that are endorsed in the undertaking and carrying out of the Plan including those prohibiting discrimination under the Montana Human Rights Act, and WHEREAS, in accordance with § 7-15-4215, MCA, the Agency did hold a Public Hearing on March 3, 1997, after due and proper notice, both by mail and publication of, same. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECT20N 2. That the West Side Urban Renewal Tax Increment Finance District Urban Renewal Plan of the City of Kalispell, Montana contained in Exhibit "A" hereof, having been duly reviewed and considered, is hereby approved and the City Clerk of Council is hereby directed to file said copy of the Plan with the minutes of this meeting and in the Ordinance Book. Said ordinance is to be posted as required by law and copies made available to the public upon request. 7:\wP\ord\Westside SFLCTJ.ON II. That it is hereby found and determined that the project area of said Plan is blighted and qualifies as an eligible project under the Montana Urban Renewal Law. �ECTIO_�i III. That it is hereby found and determined that the objectives of the Plan cannot be achieved except through more extensive rehabilitation of the project area. SECTION IV. That it is hereby found and determined that the Plan for the project area conforms to the Kalispell City -County Master Plan or parts thereof adopted for the City of Kalispell planning area. SECTION V. That it is hereby fond and determined that a sound and adequate financial program exists in the Plan for financing the projects contained therein. SECTION VI. That the City shall segregate and apply tax increments accruing to the district, as provided in H 7-15-4282 through 7-15-4292, MCA. SECTION VII. That the redevelopment of the Plan is necessary for the proper development of the community. SECTION VIII. That it is hereby found and determined that the Plan for the area will afford maximum opportunities consistent with the sound needs of the locality as a whole for the renewal of the area by private enterprise. SECTION IX. That it is hereby found and determined that the Plan for the area gives due consideration to the providing of adequate park and recreational areas and facilities as may be desirable for the neighborhood improvement with special consideration for the health, safety and welfare of children using j:\wp\ord\Westside facilities within the vicinity of the Plan area. S1T�Q� x. That a workable and feasible plan exists therein for making available adequate housing for person(s) who may be displaced by the projects. SYCTION XI. That in order to implement and facilitate the effectuation of the Plan, hereby approved, it is found and determined that certain official actions must be taken by the Agency with reference among other things to setting a pattern of land use incorporating sensitivity to neighboring uses; creating a circulation pattern that maintains a separation of incompatible uses; creating a street system that can accommodate increases in traffic safety; and provide full range of services to area: a) Pledging its cooperation in carrying out the Plan; b) Directing the various officials, departments, boards, and agencies of the locality having administrative responsibility in the premises likewise to cooperate to such end and to exercise the respective functions and powers in a manner consistent with the Plan, and c) Standing ready to consider and take appropriate action and measures designated to effectuate the Plan. SECTION XII: In the event the implementation of the West Side Urban Renewal Tax Increment Finance District Urban Renewal Plan increases student enrollment for elementary schools serving the area, the City of Kalispell will consider utilizing a portion of the tax increment that may be generated in excess of that needed for j:\wp\ord\Westside development or redevelopment to mitigate the impact on School District 5 schools. SECTION XIII. The City Council of the City of Kalispell, Montana does authorize the Manager to implement the Plan with the powers set forth in Title 7, Chapter 15, Parts 42 & 43, MCA, and to seek financial assistance as it may become available from the Federal or State government or such other sources as may be determined appropriate by the City Council. SECTION_X=. That January lst, 1997 shall be established as the base year for calculating tax increment. SECTION XIV. Modification of Plan and Designation of and Approval of Urban Renewal Projects shall be subject to the following: A) The Council may modify and amend the Plan, including modifications and amendments to designate and approve urban renewal projects to be undertaken pursuant thereto, excepting modifications involving the addition or deletion of land from the Area, by enacting an ordinance providing for and setting forth the modification and amendment, following the procedures set forth in subsection 7- 15-4212 through 7-15-4219, MCA, with respect to adoption of an urban renewal plan. B) Modifications or amendments involving the addition or deletion of land from the Area, only, shall be made by Ordinance, providing for and setting forth the modification or amendment, after a public hearing, notice of said public hearing on the proposed modification or amendment shall be given in the official newspaper once a week for two consecutive weeks preceding the hearing and by mailing j:\wp\ord\Westside notice of said modification or amendment to all persons owning property to be added or deleted at the time and the manner provided by Section 7-15-4215,MCA. 1) All notices shall provide the information regarding the modification required by Section 7-15-4215(2), MCA. 2) Nothing contained herein shall limit or effect the authority of the Council to undertake and carry out renewal activities on a yearly basis as provided in Section 7-15-4220, MCA. C) All other changes affecting the Project Area including, but not limited to, bulk and area requirements, Planned Unit Developments, building heights, street set backs, parking, signage, land use changes or zoning classifications, may be made after review by the City -County Planning Board and Zoning Commission and approved by the City Council, subject to the applicable Montana law. SECTION XV. This Ordinance shall take effect, from and after, 30 days of its passage by the City Council. FINALLY PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF MARCH, 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council j:\wp\ord\Westside EXHIBIT "All WEST SIDE URBAN RENEWAL TAX INCREMENT FINANCE DISTRICT URBAN RENEWAL PLAN INTRODUCTION On January 6, 1997, the Kalispell City Council adopted Resolution No. 4309 finding that one or more blighted areas exist within the areas of the North Meridian Neighborhood Plan and an additional area described below (Exhibit "A"). The North Meridian Neighborhood Plan in general covers an area bounded by U.S. Hwy 2 on the south, U.S. Hwy 93 and Wedgewood Lane on the north; 7th Avenue WN on the east; and Hawthorne Avenue and Northern Lights Blvd on the west. The additional area is formed by extending the easterly 7th Avenue WN boundary described above, south across the railroad tracks to 7th Avenue West to its intersection with First Street West and then westerly to the west Kalispell City Limits at Meridian Road and then north along the westerly boundary of the Kalispell City Limits to Northern Lights Blvd. It was found 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. The primary goals in creating the Westside Urban Renewal Tax Increment Finance District are to implement the North Meridian Neighborhood Plan that was adopted as an amendment to the Kalispell City -County Master Plan in December of 1994, by both the Kalispell City Council and the Flathead County Board of Commissioners to assist, if necessary, in the redevelopment of the 39.5 acres encompassing the Gateway West Mall and the former Crop Hail Building, and to use available tax increment funds to assist in the reconstruction of Meridian Road and associated projects such as providing storm drains in the area. URBAN RENEWAL PROJECTS The West Side Urban Renewal Tax Increment Finance District Urban Renewal Plan (the "Plan") contains many undertakings that need to be implemented under the authority of this plan. As specified in Part 42, Urban Renewal, MCA, the purpose of an urban renewal plan is to assure that a sound and adequate financial program exists for the financing of urban renewal projects. The following is a brief description of the City of Kalispell's intent to use tax increment funds to implement and finance eligible urban renewal projects: GATEWAY WEST MALL REDEVELOPMENT Westfield Properties Inc., of Salt Lake City, Utah, has entered into a joint venture relationship with Woodbury Corporation, also headquartered in Salt Lake City, UT, Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 forming WOODMEN PROPERTIES L.C., to pursue the redevelopment of Gateway West Mall and related properties (Exhibit "B"). The property comprises approximately 39.5 acres with the two primary components being the Gateway West Mall and the former Crop Hail Building, which is currently owned by Egghead Software Company. Woodmen Properties L.C. has an option with the mall owners, Collier -Heinz, to redevelop and expand the existing mall. It is their intention to proceed under the Urban Renewal Law by developing a workable and feasible plan, which can be implemented through private enterprise without the exercising of eminent domain. As stated in their proposal: "Our goal is to reverse the trend toward deteriorating physical facilities and falling property values associated with the Property. We would intend to make immediate efforts to create new tenancies in the existing facilities as we move forward with the formation of an acceptable redevelopment plan. As the redevelopment plan is established, we are prepared to make the necessary investment to eliminate the blight and economic distress currently associated with the Property. At the present time we are studying the redevelopment of the Property under three different scenarios: a. Regional retail mall with three -anchor configuration and associated out parcel retail. b. Business park with multiple low-rise office buildings and limited retail facilities. c. Mixed -use office and retail. ..* we would estimate that the investment and redevelopment process could result in a market value for the Property of $20,000,000 to $22,000,000 which represents a substantial increase over the current combined assessed value of the property of $7,857,378. Additionally, this type of redevelopment activity, once completed, will generally require a labor force of approximately 900 to 1,000 individuals to support the ongoing operations associated with the businesses which will locate in the Property. Further, it is important to note that of these jobs, we would estimate that 75% will be new jobs created by businesses locating in Kalispell for the first time." As the analysis shows in Exhibit B, the post redevelopment of the Gateway West Mall could generate an annual tax increment of $284,827. This new incremental tax value will support the issuance of an urban renewal bond in excess of $2,000,000. The bond proceeds will assist in the redevelopment of the property in accordance with applicable statues, Part 42, Urban Renewal, and as specified in Section 7-154288, MCA. The specific K Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 redevelopment plan will depend on market conditions and development scenarios as outlined above. NORTH MERIDIAN NEIGHBORHOOD PLAN The North Meridian Neighborhood Plan was adopted as an amendment to the Kalispell City - County Master Plan in December of 1994. The Neighborhood Plan was adopted to serve as a guide for the most appropriate action to take when a request for a change in zoning or major development is proposed for the area. The land immediately adjacent to Meridian Road generally has a haphazard organization to its zoning and land use pattern. This situation makes it difficult for property owners to predict what will happen regarding land use in their neighborhood. In addition to the land use and zoning, the Neighborhood Plan looks at the needs of the neighborhood regarding infrastructure, such as roads, pedestrian access, water, sewer, and storm drainage, and sets general policies toward supplying those services. The Neighborhood Plan identifies four (4) major issues of concern in this area and outlines goals to address each of these issues. Those goals are identified as follows: ISSUE 1: The present urbanized land use pattern incorporates a haphazard and incompatible mix of uses. GOAL 1: To set a pattern of land use that incorporates sensitivity to neighboring uses. This could be done by encouraging multi -use commercial development along Meridian Road and U.S. Hwy 2, and primarily west of Two Mile Drive, and by encouraging attached single family or apartment type dwellings to buffer the commercial development from the single family development to the east. Using tax increment funds, the City could also assist with the relocation of businesses that are incompatible with the zoning so that the land could be redeveloped with a use that is compatible with the surrounding area and with the zoning. Certain public utility companies located on Meridian Road are facing difficulties in expanding their offices because of zoning designations. A public utility company located on Meridian Road had at one time shown an interest in purchasing additional property adjacent to their property so that they could expand and consolidate their offices. When the North Meridian Neighborhood Plan was adopted as an amendment to the Kalispell City -County Master Plan, this property and those surrounding it were designated for future high density residential zoning. Because the Kalispell City -County Master Plan designates the entire area around the utility company as high density residential, they were unable to apply for a zone change to allow their business to expand. The City, with tax increment 3 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 funds, could assist with the relocation of these public utility companies and encourage the redevelopment and re -use of these sites to a use that is compatible with the Neighborhood Plan. ISSUE 2: The interaction of pedestrians, bicycles, and vehicles can create dangerous situations. GOAL 2: Create a circulation pattern that maintains a separation of incompatible systems. This could be done by providing sidewalks and boulevards along all major streets and roads and by encouraging bicycle lanes that are separate from the vehicle traveling lanes on Meridian Road, Three Mile Drive, and Two Mile Drive. This could also be done by implementing the portion of the Kalispell Transportation Plan that deals specifically with the reconstruction of Meridian Road. ISSUE 3: As the City grows, additional traffic will strain the existing system making it more dangerous. GOAL 3: Create a street system that can accommodate increases in traffic safely. The reconstruction of Meridian Road from U.S. Hwy 2 north to U.S. Hwy 93 is a significant factor in creating a street system that can handle the increased volumes of vehicle and pedestrian traffic in this area. ISSUE 4: City services are not yet available to parts of the North Meridian area. GOAL 4: Provide a full range of services to the area. While infrastructure such as water, sewer, and storm drains exist in the area, these improvements are discontinuous. Storm drains, sewer mains, and water mains should be extended to those areas not served by such improvements. The City could possibly assist in the construction of these 'improvements with tax increment funds. MERIDIAN ROAD RECONSTRUCTION The adopted Kalispell Transportation Plan has identified the reconstruction of North Meridian from U.S. Hwy 2 West north to U.S. Hwy 93 North as the top priority for urban system funding. The project includes the widening of the road to accommodate additional travel lanes, turn lanes, curb, gutter, and pedestrian/bicycle facilities. Design and construction documents are scheduled to be completed late summer, 1997. 4 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 Project funding comes from the Urban Highways Fund with a current credit of approximately $1 million. Total project costs are estimated at $3.1 million with an additional $500,000 needed for related storm drainage improvements. The funds accrue to the project account at $235,000 per year, thus requiring another eight years before construction contracts could be awarded. Additional right-of-way will also be needed, creating impacts on several properties fronting Meridian Road. As tax increment funds become available from the redevelopment of Gateway West Mall and other properties in the district, the West Side Urban Renewal Plan provides a variety of financing options to expedite the reconstruction project. The road and intersections are at or over capacity now, with increasing traffic because of steady growth of commercial and residential development on the west side of Kalispell. Improvements to North Meridian Road are critical to the proper growth of the area to stabilize and improve the tax base. INFRASTRUCTURE IMPROVEMENTS The west side of Kalispell has grown piecemeal over the decades, with city services of sewer and water extended incrementally when requested by developers. Road construction has been limited and added on to narrow County roads as expediency dictated. Major widening and reconstruction of existing roads along with new arterials are critical to reduce the increasing traffic congestion associated with the retail and residential development rapidly occuring on the west side. Storm drainage and flood plain management are two other critical areas that need analysis to develop and implement solutions. PROPERTIES SOUTH OF U.S. Hwy 2 WEST The area lying to the south of U.S. Hwy 2, east of Meridian Road, has been included in the West Side Urban Renewal Tax Increment Finance District to encourage and facilitate the following projects- 1 . To assist in the redevelopment of private property to provide opportunities for light industrial uses in an appropriate neighborhood of similar uses. 2. The construction of additional access roads to better serve underutilized industrial land. 3. Completion of storm drain and flood plain mitigation measures implemented on the north end of the district. 4. Extension of water mains to provide adequate pressure for fire hydrant flows. 5 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 FINANCING OPTIONS FOR URBAN RENEWAL PROJECTS Tax Increment Financing ("TIF") may only be used in conjunction with the implementation of an urban renewal plan and project. The City Council must declare that urban renewal is "necessary and in the public interest" and that blight exists in an area. The principal of TIF is that the redevelopment project is financed through the use of new tax dollars generated as a result of increased private investment stimulated by a redevelop- ment project. It assumes that the existence of blight has a deleterious effect on private investment in an area. It must also be assumed that if the City of Kalispell adopts a redevelopment plan which will instill developer -investor confidence, the existing tax base will be maintained at least at present levels and improved measurably over the term of the project. The tax increment financed urban renewal project, then, is intended to assure that all levying agencies (schools, state, county, city) may continue to count on a stable "original" base value of private property on which to levy taxes. Any increase in the fair market value of property above the "original base" value, or the increment, will generate new tax dollars; tax dollars that in all probability would not exist were it not for the urban renewal project. Tax increment is "... the collections realized from extending the tax levies, expressed in mills, of all taxing bodies in which the urban renewal area or an industrial district or a part thereof is located against the incremental taxable value." (Section 7-15-4283(8), MCA) "The tax increment, (the new tax dollar) if any, received in each year from the levy of the combined mill rates of all the affected taxing bodies against the incremental taxable value within the urban renewal area ... shall be paid into a special fund held by the treasurer of the municipality and used as provided in 7-15-4282 thru 7-15- 4292." (Section 7-154286(2)(a), MCA) / O- V-\ V� The tax increment may be used to pay the-fo4 rtg costs of or incurred in connection with urban renewal projects G� f, 1. Land acquisition; 2. Demolition and removal of structures; 3. Relocation of occupants; and 4. The acquisition, construction, and improvement ... of streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, public buildings, and other public improvements ... and items of personal property to be used in connection with C: Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 improvements for which the foregoing costs may be incurred. (Section 7-15-4288, MCA) Tax increment funds may be pledged for the payment of revenue bonds issued for urban renewal projects or of general obligation bonds, revenue bonds, or special assessment bonds issued to pay urban renewal costs (Section 7-15-4290, MCA). All of these bonds are tax exempt, i.e., the interest earned by the bond buyer cannot be taxed as income, therefore, a lower than market rate of interest is paid by the seller (municipality). Urban renewal should result in measurable, tangible benefits, as well as keep the area's base taxable value from declining. The base taxable value means, "the actual taxable value of all taxable property within an urban renewal area ... prior to the effective date of a tax increment financing provision" (Section 7-15-4283(2), MCA). If blight is eliminated, and if investor developer confidence is restored in the area, all levying agencies may continue to share in the taxes generated by the base. After urban renewal costs have been paid and all bonded indebtedness for the project satisfied, the segregation of tax increment will cease and all taxing bodies will share in taxes generated by the improved tax base. There are no tax benefits orfair market value reductions to properties within the area. Such properties will, however, benefit from any improvements within the area which may occur because of the project. Under Section 7-15-4286, MCA, mill rates of taxing bodies for taxes levied after the effective date of the tax increment provision shall be calculated on the basis of the sum of the taxable value, as shown by the last equalized assessment roll, of all taxable property located outside the urban renewal area and the base taxable value of all taxable property located within the urban renewal area. The mill rate so determined shall be levied against the sum of the actual taxable value of all taxable property located within as well as outside the urban renewal area. The tax increment, if any, received in each year from the levy of the combined mill rates of all the effected taxing bodies against the incremental taxable value within the urban renewal area, except for the university system mills levied and assessed against property as defined in 7-15-4292(6)(a), MCA, shall be paid into a.special fund held by the treasurer of the municipality and used as provided in Sections 7-15-4282 through 7-15-4292, MCA. Therefore, the City shall segregate and apply tax increments accruing to the district as provided in Sections 7-154282 through 7-15-4292, MCA. Ordinance No. 1259 authorizes the City Manager to implement the Plan with the powers set forth in Title 7, Chapter 15, Parts 42 & 43, MCA, and to seek financial assistance as it may become available from the Federal or State government or such other sources as may be determined appropriate by the City Council. January 1, 1997, shall be established as the base year for calculating tax increment. 7 Draft - West Side Urban Renewal Tax Increment District Urban Renewal Plan March 14, 1997 URBAN RENEWAL BONDS AND REFUNDING BONDS A municipality has the power to issue bonds to finance urban renewal, including the payment of principal and interest upon any advances for surveys and plans, and to issue refunding bonds for the payment of such bonds previously issued. Such bonds shall be authorized by resolution or ordinance of the local governing body and shall not pledge the general credit of the municipality (Section 7-15-4301, MCA). Specifics related to urban renewal bond authority are contained in Chapter 7, Title 15, Part 43, of the Montana Code Annotated. CONCLUSION The true test of any redevelopment and/or economic development plan will be whether or not the plan stimulates private investment which results in jobs, an improved tax base, and a more humane environment. This statement has been reiterated throughout this text because it is important. Planners, community leaders, and elected officials must realize that investor developers are motivated by profit, reasonably secure investment, and the opportunity for investment growth. Redevelopment and economic development plans must not just treat the symptoms of blight, inadequate public improvements and a stagnant tax base, but attack the cause - lack of profit incentive. Federal and state programs are now focusing on leveraging private dollars with limited grants; local government also ought to channel its efforts in that direction. In order to do so, local government needs to understand what profit incentives are available to businesses in addition to low interest loans, grants, good planning, adequate public services, technical assistance required, and local governments' interest in viability of businesses. EXHIBIT ALA„ WEST SIDE URBAN RENEWAL TAX INCREMENT FINANCE DISTRICT PROPOSED BOUNDARIES Beginning at the intersection of Meridian Road and Highway 93 in Section 6, Township 28 North, Range 21 West, and heading Southeast along Highway 93 to its intersection with Colorado Street. Then heading West along Colorado Street approximately 700 feet to the Eastern boundary of Assessor's Tract 5CA, then West along the Southern boundary of said parcel a distance of approximately 224 feet, then North along West boundary of Assessor Tract 5CA, then West along the North boundary of Assessor's Tract 5F, then South along the Western boundary of said parcel to its intersection with West Wyoming Street, then East a distance of approximately 448 feet along the North boundary of West Wyoming Street to its intersection with Seventh Avenue WN, then South to the Southern border of West Wyoming Street, then West along the Southern border of West Wyoming Street to its intersection with Meridian Road, then South along Meridian Road to its intersection with Highway 2, then East along Highway 2 to its intersection with Seventh Avenue WN, then South along Seventh Avenue West a distance of approximately 1,725 feet to its intersection with First Street West. Then West along First Street West a distance of approximately 1,050 feet to the Eastern boundary of Assessor's Tract 5DDB, then along the Southern boundary of said tract and Assessor's Tract 5DDA to Meridian Road. Then North along Meridian Road to the Northern boundary of the Burlington Northern railroad easement. Then West along the easement for a distance of approximately 350 feet; then North along the Eastern boundary of Assessor's Tract 14A approximately 175 feet, then East approximately 50 feet; then North and West following the boundaries of the city limits to Highway 2 West. From Highway 2 West, following the Westerly most city limits to Three Mile Drive. Then East along Three Mile Drive to its intersection with Northwest Lane. Then heading North along Northwest Lane to the Northwest corner of Lot 29, Block 1, Northwest Tract_ Then along the Northern boundary of Lot 29 and approximately 200 feet along the Northern boundary of Lot 13, Block 1 of Northwest Tracts; then North along the Eastern boundary of Lot 3, Block 1, Northridge Heights Subdivision to Parkway Drive. Then North along Parkway Drive a distance of approximately 950 feet to the Northwest corner of Lot 9, Block 2, Northridge Heights Subdivision, then East along the Northern boundary of said parcel to its intersection with Highway 93 North, then South along Highway 93 North to Meridian Road and the point of beginning as shown on the map of the WEST SIDE URBAN RENEWAL TAX INCREMENT FINANCE DISTRICT PROPOSED BOUNDARY map dated January 2, 1997. D ,a 2 EXHIBIT "B" -- WESTFI-ELD PROPERTIES INC. December 18, 1996 Lawrence Gallagher Director, Kalispell City Planning, Economic & Community Development Department 248 3rd Ave. East P.O. Box 1997 Kalispell, MT 59903-1997 Re: Proposal for the creation of an Urban Renewal Area, and Tax Increment District, at the location of the 1203 Hwy. 2 West, Kalispell Montana. Dear Larry: The following proposal has been prepared subsequently to our meetings over the course of the last year with yourself and members of your staff, and the city manager Clarence Krepps. It has been our intention and desire to better understand the factors affecting the feasibility of redeveloping the Gateway West property and adjacent properties which we are under contract to purchase, or which we are in negotiation to acquire (herein after the "Property") which is more specifically identified on Exhibit A attached hereto. It has been our intention to first understand the interest and desires of Kalispell City, which have been expressed through the city representatives as well as having been established in the North Meridian Neighborhood Plan, which was adopted as an amendment to the Kalispell City - County Master Plan, in which the study area incorporates the Property, and to understand the City's policy and procedures for Urban Renewal and the formation of Urban Renewal Areas. The following is intended to be an introduction to Woodmen Properties and our ambition to facilitate the redevelopment of the Property, which comprises approximately 39.5 acres, through the creation of an Urban Renewal Area. Introduction to Woodmen Properties L.C. Westfield Properties Inc. has entered into a joint venture relationship with Woodbury Corporation to pursue the redevelopment of the Gateway West Mall and related properties. Both Westfield Properties Inc. and Woodbury Corporation are headquartered in Salt Lake City, and have been active in real estate investments and development for many years. By way of further introduction, Woodbury Corporation has been active in the real estate management and development business in the Intermountain States area since 1919. Currently, its portfolio comprises approximately four million square feet of commercial property. Its primary emphasis is retail malls and strip centers, with a notable presence in hotels, office, industrial and business parks. Woodbury Corporation is active in all 2681 East Parleys Way, Suite 203 / Salt Lake City, Utah 84109 / (801) 467-7000 FAX (801) 467-7027 aspects of asset and property management, not only for its own account, but it also provides services to third parties on a limited basis. The principals of Westfield Properties Inc. have been actively involved in all aspects of commercial property operations in the mountain states area since 1980. Specifically in Montana, these individuals have dealt with the acquisition, management, leasing, financing, and disposition issues related to enclosed malls and community centers in Giendive, Missoula, and Helena, Montana. The Woodmen Properties joint venture combines the benefits of Westfield Properties Inc.'s market presence, its control of critical real estate in the project area, and its past success in bringing similar projects to fruition, with the credibility and financial strength of Woodbury Corporation. Woodmen Properties has the capability of facilitating the redevelopment of the Gateway West Mall and related properties in accordance with the plan which proves to be acceptable to the city and which is economically feasible. The Property The Property comprises approximately 39.5 acres with the two primary components being the Gateway West Mall and the former Crophail Building, which is currently owned by Egg Head soft ware company. We are currently operating under separate agreements with the owners of both properties to acquire the properties provided we can create a redevelopment plan which the city will support and which can be determined to be economically feasible. Additionally, we are under negotiations with the owners of the balance of the property in the proposed redevelopment area. We anticipate the assemblage process for the Property will be completed by consensual agreements and that eminent domain will not be required. The Gateway West Mall is currently under -leased and has experienced a significant vacancy problem since the expansion in 1984. The Crophail Building has been entirely vacant for many months. The properties are currently economically depressed and have successfully appealed and received reductions in property tax valuations through the course of the past few years. Proposed Redevelopment Our goal is to reverse the trend toward deteriorating physical facilities and falling property values associated with the Property. We would intend to make immediate efforts to create new tenancies in the existing facilities as we move forward with the formation of an acceptable redevelopment plan. As the redevelopment plan is established, we are prepared to make the necessary investment to eliminate the blight and economic distress currently associated with the Property. At the present time we are studying the redevelopment of the Property under three different scenarios: 2 a. Regional retail mall with a three -anchor configuration and associated out parcel retail. b. Business park with multiple low-rise office buildings and limited retail facilities. C. Mixed -use office and retail. The specific redevelopment plan will depend on the market conditions at the time of final commitments for land acquisition and the formation of an Urban Renewal Area. As indicated in the project totals on Exhibit B Page 2, we would estimate that the investment and redevelopment process could result in a market value for the Property of $20,000,000 to $22,000,000 which represents a substantial increase over the current combined assessed value of the property of $7,857,378. Additionally, this type of redevelopment activity, once completed, will generally require a labor force of approximately 900 to 1,000 individuals to support the ongoing operations associated with the businesses which will locate in the Property. Further, it is important to note that of these jobs, we would estimate that 75% will be new jobs created by businesses locating in Kalispell for the first time. Urban Renewal Area and Tax Increment District In accordance with the applicable statutes, Part 42 Urban Renewal, we are requesting that a review and analysis be conducted evaluating the formation of an Urban Renewal Area and Tax Increment District incorporating the Property. We believe that this request is in compliance with the North Meridian Neighborhood Plan and will be the first step establishing the necessary infrastructure and economic momentum to move the plan toward fruition. It is our intention to proceed under the Urban Renewal Law by developing a workable and feasible plan, which can be implemented through private enterprise without the exercising of eminent domain. Any proceeds from tax increment financing will be used for approved uses as defined in 7-15-4288 of the Urban Renewal statutes. The specifics of the proposed uses of will be determined as the redevelopment plan for the Property is finalized, however we have analyzed a potential redevelopment scenario, attached hereto as Exhibit B, which suggests that the tax increment will support the issuance of urban renewal bonds in excess of $2,000,000. Timing At the present time, our understanding is that this proposal will come before the City Council during their work session on December 30, 1996. We are in the process of negotiating leases with a tenant to whom we will have to make definitive commitments during the month of January 1997. Additionally we will have to make irrevocable commitments to complete the purchase of some of the parcels which comprise the Property by January 31, 1997. Consequently we are requesting that the City Council 3 Exhibit A PORT A i - .X g __.. SCE A V ! L LA' No ,: 21. gm t V A , ( z 3 LAMBERT S C E �QUt�F i t S 6 0<RA t < x SCF + u L S 5 i YELL0IFSTOHE { ST. 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