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I1. Ordinance 1770 - TEDD Glacier Rail ParkPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager 3A1__ FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT Ordinance 1770 - Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD) MEETING DATE: April 18, 2016 BACKGROUND: The City of Kalispell in conjunction with the Flathead County Economic Development Authority (FCEDA) is seeking to foster the development of secondary, value adding industries within the Glacier Rail Park Development Plan area as part of the City's overall mission to meet its needs of promoting economic development, improving area employment opportunities and expanding the community's tax base. This effort would be made possible through the creation of a Targeted Economic Development District (TEDD) on 49 acres of land within the larger Glacier Rail Park Development Plan boundary. The City of Kalispell would need to utilize Tax Increment Financing as part of the overall strategy to provide infrastructure in support of value -adding industry pursuant to the 2013 Targeted Economic Development District Act, embodied in 7-15-4279, Montana Code Annotated (MCA). The TEDD would provide the City of Kalispell with the ability to employ tax increment financing as provided in 7-15-4282, MCA for appropriate public infrastructure projects in support of "value -adding industry or secondary value-added products or commodities" within the Glacier Rail Park Development Plan boundary. On April 4, 2016, the Council took the first step towards establishing a TEDD by approving Resolution No. 5757, seven members in favor and none opposed. Resolution 5757 was a resolution of necessity finding that the Glacier Rail Park Development Plan area is deficient in necessary infrastructure improvements, and that the City lacks sufficient capital to rectify the infrastructure deficiency of the subject property, thus impeding its ability to achieve economic growth though the development of value -adding industries; and that infrastructure improvements of the subject area is necessary for the welfare of the residents. The resolution also set a public hearing for April 18, 2016, for acceptance and approval of a comprehensive development plan and establishment of a TEDD within the Glacier Rail Park. In the event that the Kalispell City Council determines that it wishes to adopt the Glacier Rail Park Development Plan and establish a TEDD, Ordinance 1770 needs to be adopted. Ordinance 1770 is an ordinance adopting the Glacier Rail Park Plan as a comprehensive development plan and establishing a TEDD in the City of Kalispell for the purpose of developing necessary infrastructure within the plan boundary to encourage the location and development of value -adding industries; establishing the costs which may be paid by the district created by the ordinance, establishing the boundaries of the TEDD; and establishing January 1, 2016 as the base taxable year for the TEDD. RECOMMENDATION: It is recommended that the Kalispell City Council adopt Ordinance 1770, which adopts the Glacier Rail Park Plan as a comprehensive development plan and establishes a Glacier Rail Park TEDD. FISCAL EFFECTS: Positive impacts once implemented. ALTERNATIVES: Deny the request. ATTACHMENTS: Ordinance 1770 Glacier Rail Park Development Plan for TEDD Report compiled: April 13, 2016 c: Aimee Brunckhorst, Kalispell City Clerk 2 Return to: City Clerk P.O. Box 1997 Kalispell, MT 59903 CERTIFICATE AS TO ORDINANCE AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Kalispell, Montana (the "City"), hereby certify that the attached ordinance is a true copy of Ordinance No. 1770 entitled: "AN ORDINANCE ADOPTING THE GLACIER RAIL PARK DEVELOPMENT PLAN AS A COMPREHENSIVE DEVELOPMENT PLAN AND ESTABLISHING A TARGETED ECONOMIC DEVELOPMENT DISTRICT [TEDD] IN THE CITY OF KALISPELL, MONTANA TO BE KNOWN AS THE GLACIER RAIL PARK TEDD WITHIN THE GLACIER RAIL PARK DEVELOPMENT PLAN AREA FOR THE PURPOSE OF DEVELOPING NECESSARY INFRASTRUCTURE WITHIN SUCH DEFINED AREA OF THE CITY TO ENCOURAGE THE LOCATION AND DEVELOPMENT OF VALUE -ADDING INDUSTRIES; ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE DISTRICT CREATED BY THIS ORDINANCE; ESTABLISHING THE BOUNDARIES OF THE GLACIER RAIL PARK TEDD; AND ESTABLISHING JANUARY 1, 2016 AS THE BASE TAXABLE YEAR FOR THE GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT" (the "Ordinance"), on file in the original records of the City in my legal custody; that the Ordinance was duly adopted by the City Council of the City at a regular meeting on May , 2016, and that the meeting was duly held by the City Council and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Ordinance has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Ordinance at said meeting, the following Council Members voted in favor thereof: ; voted against the same: ;abstained from voting thereon: ; or were absent: WITNESS my hand and seal officially this day of May, 2016. Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1770 AN ORDINANCE ADOPTING THE GLACIER RAIL PARK DEVELOPMENT PLAN AS A COMPREHENSIVE DEVELOPMENT PLAN AND ESTABLISHING A TARGETED ECONOMIC DEVELOPMENT DISTRICT [TEDD] IN THE CITY OF KALISPELL, MONTANA TO BE KNOWN AS THE GLACIER RAIL PARK TEDD WITHIN THE GLACIER RAIL PARK DEVELOPMENT PLAN AREA FOR THE PURPOSE OF DEVELOPING NECESSARY INFRASTRUCTURE WITHIN SUCH DEFINED AREA OF THE CITY TO ENCOURAGE THE LOCATION AND DEVELOPMENT OF VALUE -ADDING INDUSTRIES; ESTABLISHING THE COSTS WHICH MAY BE PAID BY THE DISTRICT CREATED BY THIS ORDINANCE; ESTABLISHING THE BOUNDARIES OF THE GLACIER RAIL PARK TEDD; AND ESTABLISHING JANUARY 1, 2016 AS THE BASE TAXABLE YEAR FOR THE GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT. WHEREAS, the City of Kalispell, Montana (the "City") is defined as a "municipality" under Montana Code Annotated, Section 7-15-4283, as amended, for the purpose of creating and operating a Targeted Economic Development District pursuant to Sec. 1, Ch. 214, L. 2013 of Montana Laws, as may be amended; and WHEREAS, pursuant to the Montana laws cited above, the City Council (the "City Council") of the City may create a Targeted Economic Development District (as defined below) for the purpose of creating an area in which needed infrastructure for value -adding industries can be developed; and WHEREAS, consistent with the state legislative intent expressed in MCA 7-15-4278 it is the desire of the City Council to encourage the attraction and retention of value - adding industries to the City; and WHEREAS, on April 21, 2014, the Kalispell City Council by Resolution No. 5669 and upon petition of the Flathead County Economic Development Authority [FCEDA], a statutory entity of Flathead County, Montana established pursuant to MCA 7-14- 1101 and owner in fee of that certain parcel of property fully described in Exhibit "A', attached hereto and incorporated fully herein by this reference, annexed said parcel of property into the incorporated limits of the City of Kalispell; and WHEREAS, on May 5, 2014, the Kalispell City Council by Ordinance No. 1737, following the proper review and recommendation of the Kalispell City Planning and Zoning Board and duly noticed public hearing, applied a zoning designation to the subject property of City I-2, Heavy Industrial; and WHEREAS, on May 5, 2014, the Kalispell City Council by Resolution No. 5673 and upon petition of the property owner, FCEDA, conditionally approved the preliminary plat of said subject property with the designated plat name of "FCEDA Rail Park Subdivision"; and WHEREAS, the Kalispell City Planning and Economic and Community Development Departments evaluated the fiscal and economic aspects, as well as the infrastructure and other physical aspects of the subject property and its contiguous areas in conjunction with the general economic aspects of the City and Flathead County and submitted a report entitled "Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD)" [the Plan], incorporated into Resolution No. 5757 and thereby made public record, that identifies the lack of necessary infrastructure to and within the subject parcel as well as identifying the need in the City for a district that can host a diversified tenant base of multiple independent tenants that will encourage the location and retention of value -adding projects; and WHEREAS, on March 8, 2016 the Kalispell City Planning and Zoning Board held a duly noticed public hearing and upon considering the Plan described above for the subject property as well as the public comment given, determined unanimously to recommend the comprehensive plan and findings that the City of Kalispell is infrastructure deficient and that infrastructure improvement of the subject area is necessary for the welfare of the residents of the City of Kalispell; and WHEREAS, on April 4, 2016 the Kalispell City Council considered and passed Resolution No. 5757, a resolution of necessity finding that that the Glacier Rail Park Development Plan area is deficient in necessary infrastructure improvements, that the City lacks sufficient capital to rectify the infrastructure deficiency of the subject property, thus impeding its ability to achieve economic growth through the development of value -adding industries, and that infrastructure improvement of the subject area is necessary for the welfare of the residents of the City of Kalispell; and WHEREAS, the City Council has determined, after a duly noticed public hearing as required by the Act and at which public hearing all oral and written testimony was considered, that there is a need for this Ordinance to create the Glacier Rail Park Targeted Economic Development District of the City of Kalispell, Montana and the City Council wishes to enact this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: Section 1. Definitions. In this ordinance the following terms have the meanings indicated below. (a) "Act" means the Targeted Economic Development District Act as it applies within Title 7, Chapter 15, Parts 42 and 43 of the MCA. (b) "Actual Taxable Value" means the taxable value of taxable property at any time, as calculated from the assessment roll last equalized. (c) "Base Taxable Value" means the actual taxable value of all taxable property within Targeted Economic Development District prior to the effective date of a tax increment financing provision. Base Taxable Value may be adjusted as provided in Section 7-15-4287 or 7-15-4293 of the Act. (d) "Incremental Taxable Value" means the amount, if any, by which the Actual Taxable Value at any time exceeds the Base Taxable Value of all property within the Targeted Economic Development District. (e) "Targeted Economic Development Increment District" means a tax increment financing district such as the Targeted Economic Development District created pursuant to Sections 7-15-4277 through 7-15-4280 of the Act. (f) "Targeted Economic Infrastructure Development Project" means a project undertaken within or for a Targeted Economic Development Increment District that consists of any or all of the activities authorized by Section 7-15-4288 of the Act. (g) "Targeted Economic Development Tax Increment District" means the Glacier Rail Park Targeted Economic Development Increment District of the City of Kalispell, Montana designated as such by the City Council in accordance with the provisions of the Act. (h) "Infrastructure" means the acquisition, construction, and improvement of streets, roads, curbs, gutters, sidewalks, pedestrian malls, alleys, parking lots and offstreet parking facilities, sewers, sewer lines, sewage treatment facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines, electrical lines, telecommunication lines, rail lines, rail spurs, bridges, publicly owned buildings, any public improvements authorized by (i) parts 41 through 45 of Chapter 12, (ii) parts 42 and 43 of Chapter 13, and (iii) part 47 of Chapter 14 of the Montana Code Annotated, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred. (i) "Tax Increment" means the collections realized from extending the tax levies, expressed in mills, of all taxing bodies which the Targeted Economic Development Tax Increment District or a part thereof is located, against the Incremental Taxable Value. 0) "Taxes" means all taxes levied by a taxing body against property on an ad valorem basis. Section 2. Purpose. The purpose of this Ordinance is to (i) create a Targeted Economic Development Tax Increment District to be known as the Glacier Rail Park Targeted Economic Development Tax Increment District of the City of Kalispell, Montana, (ii) to encourage the growth and retention of value -adding industries in the City, and (iii) provide a financial mechanism for the installation and construction of infrastructure improvements to host a diversified tenant base of multiple independent tenants. Section 3. Findings, Determinations, and Declarations. Based on engineering studies provided by the FCEDA, the report provided by the Kalispell City Planning and Economic and Community Development Departments entitled "Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD)" and the work of City staff to date, the City Council, by this Ordinance, makes the findings, determinations, and declarations set forth below. The City Council of the City of Kalispell, Montana hereby finds, determines, and declares that: a) The subject property consists of a continuous area with an accurately described boundary that is large enough to host a diversified tenant base of multiple independent tenants; and b) The subject property has been zoned by the City as City I-2, Heavy Industrial, and such zoning designation is consistent with the Kalispell City Growth Policy; and c) No portion of the subject property is included within an existing tan increment financing district; and d) The "Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD)" [the Plan] is appropriate to be the comprehensive development plan for the district and is hereby adopted and approved; and e) This Ordinance and the formation of the Targeted Economic Development Tax Increment District, as proposed, will facilitate the development of the necessary Infrastructure to support growth within the Targeted Economic Development Tax Increment District; (b) The passage of this Ordinance and the establishment of the Targeted Economic Development Tax Increment District fall within the economic goals adopted by the City Council and the adoption therefor is in the public interest; Section 4. Costs which may be paid by the City from Tax Increments. The Tax Increment received by the City from the Targeted Economic Development Tax Increment District may be used to pay any costs or obligations incurred for an Targeted Economic Infrastructure Development Project (in the Targeted Economic Development Tax Increment District) including those listed in (1) through (14) below. The costs that may be paid with Tax Increments are: (1) land acquisition; (2) demolition and removal of structures; (3) relocation of occupants; (4) Infrastructure; (5) to prepare an industrial development plan; (6) to organize, coordinate, and direct the administration of this Ordinance; (7) to conduct appraisals, title searches, surveys, studies, and other preliminary plans and work necessary to prepare for the undertaking of Infrastructure Development Proj ects; (8) acquisition of infrastructure -deficient areas or portions thereof, (9) administrative costs associated with the management of the Targeted Economic Development Tax Increment District; (10) assemblage of land for development or redevelopment by private enterprise or public agencies, including sale, initial leasing, or retention by the City at its fair value; (11) the compilation and analysis of pertinent information required to adequately determine the infrastructure needs of value -adding industries in the Targeted Economic Development Tax Increment District; (12) the connection of the Targeted Economic Development Tax Increment District to existing infrastructure outside the Targeted Economic Development Tax Increment District; (13) the provision of direct assistance to value -adding industries to assist in meeting their infrastructure and land needs within the Targeted Economic Development Tax Increment District; (14) the Tax Increments received may be pledged, pursuant to Section 7-15-4290 of the Act, for the payment of the principal of, premium, if any, and interest on revenue bonds issued for Targeted Economic Development Infrastructure Development Projects, general obligation bonds, revenue bonds, or special assessment bonds issued to pay Targeted Economic Development District costs described in Section 7-15-4288 of the Act, including (i) the items listed in (1) through 13 above or (ii) any other costs otherwise authorized to be paid under the terms of the Act. Section 4. Boundaries. The boundaries of the Targeted Economic Development Tax Increment District are (i) described in Exhibit A attached hereto and made a part hereof, and (ii) are shown on the map attached hereto as Exhibit B. Section 5. Base Year. For the purpose of calculating the Incremental Taxable Value each year for the life of the Targeted Economic Development Tax Increment District, the Base Taxable Value shall be calculated as the taxable value of all property within the district as of January 1, 2016. Section 6. Term of the Industrial Tax Increment District. The Industrial Tax Increment District will terminate upon the later of: (a) the fifteenth (15th) year following the creation of the Targeted Economic Development Tax Increment District; or (b) the payment or provision for payment in full or discharge of all bonds (including special assessment bonds) for which the Tax Increment has been pledged, and the interest thereon. After termination of the tax increment financing provision, all taxes shall be levied upon the actual taxable value of the taxable property in the Targeted Economic Development Tax Increment District and shall be paid into the funds of the taxing bodies levying taxes within the Industrial Tax Increment District. Section 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption by the City Council of the City. Section 8. Conflict with other Ordinances and Resolutions. All parts of ordinances and Resolutions in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS DAY OF MAY, 2016. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A LAND OWNER: FLATHEAD CO UNTY ECONOMIC DEVELOPMENT AUTHORITY A PORTION OF WHITEFISH STAGE ROAD A PORTION OF EAST OREGON STREET A tract of land located in N1/2 of Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: BEGINNING at the southwesterly corner of Parcel C of Certificate of Survey No. 14785, Thence S 75°37'02" W, 63.34 feet to the westerly right-of-way of Whitefish Stage Road; Thence along said right-of-way the following five (5) courses: (1) N 04°18'57"E, 379.73 feet; (2) S 89°22'09" W, 34.27 feet; (3) N 17°55'03" W, 369.62 feet; (4) along a curve to the left with a radius of 1670 feet, an arc length of 241.24 feet and a delta angle of 8° 16'36"; (5) N 26° 11'39"W, 105.11 feet; Thence N 63051'47" E, 60.00 feet to the easterly right-of-way of said Whitefish Stage Road; Thence along said right -of way the following two (2) courses: (1) N 63044'01" E, 49.71 feet; (2) N 22°31'52" W, 303.77 feet; Thence along the northerly boundary of Tract 2 of Certificate of Survey No. 19246 the following nine (9) courses; (1) S 59023'18" E, 304.94 feet; (2) N 63043'36" E, 367.60 feet; (3) S 48004'24" E, 533.99 feet; (4) S 52058'24" E, 151.14 feet; (5) S 62030'24" E, 157.08 feet; (6) S 74020'24" E, 118.80 feet; (7) S 89044'24" E, 188.76 feet; (8) N 67023'36" E, 323.40 feet; (9) N 75053'36" E, 144.93 feet to the westerly boundary of Tract 5 of Certificate of Survey No. 18380; Thence along said westerly boundary N 00010'22" E, 56.37 feet; Thence N 89033'46" E, 739.18 feet along the northerly boundary of said Tract 5 to the westerly boundary of Burlington Northern Railroad Right -of -Way; Thence along said right-of-way the following three (3) courses; (1) S 18025'34" W, 188.79 feet; (2) along a curve to the left with a radius of 1372.48 feet, an arc length of 46.99 feet and a delta angle of 1057'42" (3) along a curve to the left with a radius of 1382.69 feet, an arc length of 243.39 feet and a delta angle of 10005'08"; Thence continuing along said right-of-way which is also the easterly right-of-way of East Oregon Street S 30027'32" W, 1070.40 feet to the northerly boundary of Tract I of Certificate of Survey No. 14094 which is also the southerly boundary of East Oregon Street; Thence along said boundary between said Tract 1 and East Oregon Street the following eight (8) courses: (1) N 36023'55" W, 75.40 feet; (2) N 67048'53" W, 96.01 feet; (3) N 77003'55" W, 75.00 feet; (4) S 88026'05" W, 125.00 feet; (5) N 65038'55" W, 182.00 feet; (6) N 86003'55" W, 35.00 feet; (7) S 79041'05" W, 42.00 feet; (8) S 54056'05" W, 83.19 feet; Thence N 13049'00" W, 98.67 feet to the northerly boundary of East Oregon Street; Thence along said boundary the following four (4) courses: (1) N 51020'00" E, 72.73 feet; (2) N 13049'00" W, 34.85 feet to the southerly boundary of Parcel B of Certificate of Survey No. 19528; (3) Along said southerly boundary N 51018'29" E, 101.13 feet; (4) Along said southerly boundary S 62047'38" E, 99.39 feet to the westerly boundary of Tract 4 of Certificate of Survey No. 18380; Thence along said boundary N 00052'43" E, 370.95 feet to the southerly boundary of Tract 2 of Certificate of Survey No. 19246; Thence along said southerly boundary the following three (3) courses: (1) N 89040'46" W, 834.59 feet; (2) S 11058'02" E, 9.26 feet; (3) S 89058'54" W, 369.04 feet to the easterly right-of-way of Whitefish Stage Road; Thence along said right-of-way S 04018'59" W, 364.08 feet to the POINT OF BEGINNING, excepting therefrom Tract 1 of Certificate of Survey No. 6547, which is not part of this annexation. The area to be annexed includes 48.89 acres more or less. 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':- 1 J~3 _ 08 30RB o6 0 2 5 t zzn 'S 4 9A _---5 g�_ I. 6 - _ ,r 3G-8 3o6A n66G 3088A _ 30JO 308E 5 8A 6 302-9n 7 "�M ST 1 -1 go-, 6 s �bC 1 30-228 (j1 a. '• • 2 2 30-g 30-7 30-22+ Z aoTnaur n a 3 4 1-IIGNW A t 2 E M _ vc �Wn, 3mwp yp25 1P OHD 30-22 • 30-1 3 yv �l�F :m w-6 7 EA 30A 30-3. 4 T' )o6B vet ,,K,' 1516 6 1B 0$PBC..,.. ` p,.R� A�9 �+1� .-2 VICINITY MAP FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY GLACIER RAIL PARK DEVELOPMENT PLAN — TARGETED ECONOMIC DEVELOPMENT DISTRICT (TEDD) Glacier Rail Park Development Plan for Targeted Economic Development District (TEDD) I. Introduction: The Glacier Rail Park Development Plan embraces a 104 acre area under multiple ownerships located in the heart of Flathead County in and adjacent to the City of Kalispell. The City of Kalispell in conjunction with the Flathead County Economic Development Authority (FCEDA) is seeking to foster the development of secondary, value adding industries within the Glacier Rail Park Plan Area as part of the City's overall mission to meet its needs of promoting economic development, improving area employment opportunities and expanding the community's tax base. This effort would be made possible through the creation of a Targeted Economic Development District (TEDD) on 49 acres of land within the larger Glacier Rail Park Plan Boundary. The City of Kalispell would need to utilize Tax Increment Financing as part of the overall strategy to provide infrastructure in support of value -adding industry pursuant to the 2013 Targeted Economic Development District Act, embodied in 7-15-4279, Montana Code Annotated (MCA). The TEDD would provide the City of Kalispell with the ability to employ tax increment financing as provided in 7-15-4282, MCA for appropriate public infrastructure projects in support of "value -adding industry or secondary value-added products or commodities" within the Glacier Rail Park Plan Boundary. There is an opportunity here to utilize an effective economic tool, as envisioned by the state legislature, through the creation of a TEDD at the Glacier Rail Park. A TEDD would allow the City to appropriately marshal tax revenues to help fund the public infrastructure that will spur a diverse private business base to invest there. It is the primary focus of the Glacier Rail Park TEDD proposal to develop the necessary infrastructure to encourage the location, expansion and retention of diverse value added industries suitable for an industrial Rail Park. II. Proiect Summary: The Glacier Rail Park project, occupying 49 acres within the larger Glacier Rail Park Plan boundary, is a transformative project for northwest Montana, creating economic opportunities to spark community revitalization. The project is designed to incentivize private investment to create jobs and position the region for sustained economic growth into the 21" century by converting an underutilized gravel pit into a thriving rail -served industrial park. The Rail Park is centrally located on a vacant gravel pit which was purchased by FCEDA for the specific purpose of developing a rail -served industrial park. The Rail Park Project can transform this reclaimed EPA Brownfields site to a multi -modal long-term use, create jobs and increase freight movement via rail. It will shift rail use to a location that matches rail access with highway access. The property has been zoned to meet the requirements for sustained industrial growth. The TIGER 2015 grant funds awarded to this project may be used to leverage local, state, federal and private dollars to assist with the construction of $4.3 million of rail (13,724 lineal feet) and $2.6 million in road (6,600 lineal feet) and safety infrastructure for a rail -served industrial park to serve existing and new prospective businesses. A $10 million investment of TIGER funds will leverage over $11 million in private and public local, non-federal match and encourage additional private investment in the Glacier Rail Park. Without the benefit of a TEDD the City of Kalispell may not be able to adequately assist in the match requirements to derive the most leverage possible for the TIGER 2015 grant funds. Construction of the project will contribute to the long-term growth of the economy by fostering jobs in Northwest Montana. The City of Kalispell works to attract new and expanding businesses to the region and assist existing companies to grow in order to foster job creation in the northwest region of Montana which has been designated as an Economically Distressed Area in part due to a decline in the traditional industries of timber, mining and aluminum production. A Rail Park designed to modern standards will meet today's manufacturing and industrial requirements. The Rail Park will also assist existing business to expand as their ability to reach new markets is improved. Businesses moving into the Rail Park will create new jobs paying wages estimated to be at or above the county average wage. III. Goals of the Glacier Rail Park TEDD: The goal of the Glacier Rail Park TEDD would be to assist the Flathead Valley to recover from being an Economically Distressed Area by accomplishing the following: 1. To foster economic vitality in the Valley and increase employment opportunities through infrastructure development in support of secondary value -adding industry; 2. To provide support for business and industries that preserve the quality of life for all residents; 3. To facilitate the creation of a diversified tenant base of multiple independent tenants within the TEDD; 4. To encourage secondary, value -adding industries that take advantage of the Valley's resources for the purpose of engaging in interstate commerce; and 5. To encourage the orderly growth and development of the community. 21 IV. Overall Glacier Rail Park Development Plan Boundary Site Description: The Glacier Rail Park Plan Boundary shown by FIGURE 1 below is generally bound by Whitefish Stage Road to the West, Stillwater River to the north, BNSF tracks to the east and Oregon Street to the south. The Glacier Rail Park Plan Boundary totals approximately 104 acres. The TEDD boundary (within city limits) is approximately 49 acres and the properties outside of the TEDD boundary are approximately 55 acres in size. Gltreie� Rail Park �j�y, an Boundary la Bo undary Rail Park Plan Boundary rYI►fi TEDD F � Railroad .►rlJi � 'rS� NORT ilk .' s } t a 'NPlAE.. I!✓�.i / I�.Ota�G�.�Pyi1 f9 NVAS�K a • i r rl'I f v r. i� �� a+ � HEG, Ci•, rt� � � Y .�� r� c _3o xn i.ow Fee g DWv FIGURE 1: Glacier Rail Park Plan Boundary Note the 55 acres of adjacent land currently within Flathead County. This 55 acres will not be located within the TEDD; however, this plan is taking into account this 55 acre area due to the likelihood of the property owners petitioning to annex into the City. It is anticipated that the development of the infrastructure within the TEDD will catalyze redevelopment of industrial land adjacent to the TEDD, which will benefit from the improved infrastructure and increased visibility. In order for these properties within the County to fully develop, infrastructure will need to be provided. Accordingly, if at a 31 future date properties outside of the designated TEDD would like to be included in the Rail Park, this plan would leave open the possibility of the TEDD being expanded into those properties. V. Overall Plan Current Land Use: The general land use character of the overall Glacier Rail Park Development Plan Area can be described as industrial. The active land uses in the area are a trucking company, a landscape stone supply company, a post and pole wood products manufacturing operation, and a commercial truck repair business. There are residential properties adjacent to the site on its southern boundary, but there is a significant topographic difference between the residential properties and the industrial area, with the residential properties sitting 20 to 30 feet above the industrial zone. VI. Glacier Rail Park Development Overall Development Plan Development Pattern: Zonin : The portion of the Glacier Rail Park Plan Boundary within City limits is within the City I-2 (Heavy Industrial) Zoning District. This portion of the Glacier Park Plan boundary is where the TEDD is proposed to be initially implemented. The Kalispell Zoning Regulations state that the I- 2 zoning district is; "intended to provide areas for heavy industrial uses to accommodate heavy manufacturing, processing, fabrication and assembling of products or materials. It is also intended that the encroachment of non -industrial uses within the district be prevented. This zoning district would typically be restricted to areas designated as industrial on the Kalispell Growth Policy Future Land Use Map. " The portion of the Glacier Rail Park Boundary located within Flathead County is within the County I-2 (Heavy Industrial) Zoning District. If any of these properties were to annex into the City of Kalispell they would be given a City I-2 zoning designation, as described above. The Flathead County Zoning Regulations state that the I-2 Zoning District is; "a district to provide for industrial uses to accommodate heavy manufacturing, processing, fabrication, and assembly of parts or materials. It is also intended that the encroachment of non- industrial or unspecified commercial uses within the district be prevented. " Permitted uses in this district include a variety of heavy industrial uses, including a railroad yard. The county's zoning code conditionally permits additional heavy industrial uses that tend to deal with handling or manufacture of dangerous or toxic materials, or produce excessive noise, such as an airport or motor vehicle race track. " 41 Chapter 27.17 (I-2 — Heavy Industrial) of the Kalispell Zoning Ordinance outlines the zoning district regulations that will be applicable to the plan boundary. The I-2 zoning designation of the Glacier Park Plan Boundary anticipates rail -served industrial uses. The 1-2 zoning district is consistent with the surrounding industrial character of the area and its location adjacent to the BNSF right-of-way. The I-2 zoning district gives due consideration of the suitability of this property for the permitted uses in the zoning district. Setback, height, and lot coverage standards for development occurring on this site are established in the Kalispell Zoning Ordinance to insure adequate light and air is provided. Growth Policy: The Glacier Rail Park Plan Boundary is designated by the Kalispell Growth Policy Future Land Use Map as "Industrial" (including the County properties) which anticipates the I-2 zoning district. The I-2 zoning district is consistent with the industrial designation in the growth policy. FIGURE 2: Zoning/ Growth Policy Map VI. City of Kalispell Demographics: Population (2014 estimate) 21,518 Median Household Income: $41,009 Personal Per Capita Income: $22,557 Unemployment Rate Kalispell: 10.4% Unemployment Rate Flathead County 2012: 8.6% Persons below poverty level in Kalispell: 16.5% Note: The project is located within the northwest region of Montana which is an Economically Distressed Area. VII. Planning Completed: Fall 2010-Spring 2015 1) US EPA Brownfields Phase I and Phase II Environmental Site Assessments and Updates at Rail Park site (former gravel pit) 2) Flathead County 2012 Community Economic Development Strategies (CEDS) adopted 3) Property acquisition using US EDA Economic Trade Adjustment grant funds 4) Rail Park Environmental Narrative accepted by US EDA 5) Glacier Rail Park Market Analysis 6) Rail Park Site (TEDD Boundary) Annexed and Zoned Industrial 7) Preliminary Plat of Rail Park Approved 8) Rail Park Categorical Exclusion Worksheet completed and reviewed by Federal Railroad Administration VIII. Participation: The City of Kalispell and FCEDA have worked diligently to include public and private sector stakeholder participation in the project. BNSF has played a pivotal role in the planning and design of the proposed Rail Park. Watco provided engineering expertise to the design of the rail and Rail Park Operations Plan. Both railroad companies have brought significant staff expertise, time and effort toward executing the many steps required to properly plan and appropriately design this project. Montana Department of Transportation has worked extensively with project engineers to determine the best location and design for highway access and road improvements for increased Rail Park traffic and fully recognize the benefits of this multi -modal transportation improvement plan for northwest Montana. a® IX. Tax Increment Financing for Targeted Economic Development: The City of Kalispell could create a TEDD on portions of the site within the Plan Boundary that are within the city limits of Kalispell for the purpose of using tax increment financing as a development tool. Tax Increment Financing is a procedure that allows municipalities to "capture" the additional, or incremental, taxes from the district as it increases in value. There is no increase in property taxes to owners, but all of the incremental ad valorem tax otherwise paid to the various taxing entities is available for eligible development activities. In 2013, the Montana Legislature amended the Montana Urban Renewal Law to enable local governments to create special districts which could employ tax increment financing to assist in the development and retention of secondary, value -adding industries. The legislation recognized that secondary value -adding industries, in order to be viable, require public infrastructure that is beyond the means of most local Montana governments. The Targeted Economic Development Act of 2013 enables local governments to develop the necessary public infrastructure in areas that are deemed to be infrastructure deficient to assist in secondary, value adding industrial development. Tax increment financing can be used for improvements defined in 7-15-4288 MCA. Montana statute defines "secondary value -adding industry" as follows: 1. "Secondary value -adding industry" means an industrial process that engages in mechanical or chemical transformation of materials or substances into new products in the manner defined as manufacturing in the North American Industry Classification System Manual prepared by the United States Office of Management and Budget and engages in the: a. Processing of raw materials, such as minerals, ore, oil, gas, coal, agriculture products, and forestry products; or b. Processing semi -finished products that are used by the industry as a raw material in further manufacturing. XI. Economic Benefits: Northwest Montana needs improved rail access for freight movement to diversify and strengthen the economy. This Glacier Rail Park allows Flathead County and Northwest Montana to truly capitalize on a valuable asset: it's location on the Great Northern Corridor along the BNSF Railway (BNSF) mainline connecting to national and international markets from the Great Lakes to the Pacific Northwest. Creation of a rail -served industrial park is identified as an economic development priority in the 2012 Flathead County Community Economic Development Strategy (CEDS). Private companies are considering establishing or expanding operations in the Rail Park to access rail service. These new and growing businesses expected to locate in the Rail Park will invest in new facilities and create new, well -paid jobs. Companies have expressed interest in 71 locating in the park once infrastructure upgrades are complete include; value-added wood product manufacturers, value-added agricultural and food product manufactures and steel fabrication companies. It is anticipated that approximately 200 direct jobs will be retained or created at full build out of the Glacier Rail Park. It is further anticipated that the development of the infrastructure within the TEDD will catalyze redevelopment of industrial land adjacent to the TEDD, which will benefit from the improved infrastructure and increased visibility. These improvements and other economic development tools such as a Targeted Economic Development District will incentivize additional developers and manufacturers to invest in facilities on the adjacent 55 rail -served acres zoned for heavy industry creating further economic growth in the community over the coming decade. XII. Market Analysis: KLG Engineering prepared a detailed industrial Rail Park market analysis for the project. The Rail Park Market Analysis and Feasibility Study identified potential users of the new Rail Park as the regions' traditional wood products industry, agricultural industry, and businesses shipping machinery. It also forecast growth in shipment of electronics and pharmaceuticals into and out of Montana over the next 30 years based on data from the Freight Analysis Framework (FAF). Shipments of agriculture products, precision instruments, mixed freight, as well as primary and fabricated metal products are potential areas of growth for transload operations in the Rail Park. Non-metallic minerals (sand, gravel, cement, stone, and clay) and metallic ores comprise the majority of exports from Montana to Canada. The Market Analysis indicates expected enhancement of Canadian trade by attracting these types of industries. The ultimate purpose of the Rail Park is to attract new business requiring rail access and foster job growth. The Market Analysis and Feasibility Study for the Rail Park indicated the Rail Park will connect businesses within a 100-mile radius of Kalispell to the Great Northern Corridor as well as Canadian ports. Marketing of the Rail Park began in March 2015. Three out-of-state businesses, three Montana businesses, and one Canadian business have contacted FCEDA for Rail Park information. These companies are manufacturers of wood or metal value-added products, agricultural value-added businesses or businesses shipping product to Canada. Additionally, a number of businesses interested in transload services have contacted FCEDA for information. XIII. Enhanced Economic Competitiveness: The current Kalispell rail served parcels are simply too small to attract new industrial rail users. This project will create a larger and more viable and appropriate location for industry to access rail connecting it to the Great Northern Corridor. Rail access, such as will be provided by this 81 rail park is a valuable and currently underutilized resource that will create new opportunities for businesses in this remote region. XIV. Design; Rail layout/engineering was conducted in collaboration with BNSF and Watco Companies/ Mission Mountain Rail (Watco/MMR). BNSF and Watco Companies (Watco) were instrumental in designing the plan with multiple lots to serve rail users' needs in the Rail Park as well as the Operations Plan for Glacier Rail Park. In 2014 the Rail Park (TEDD boundary) was annexed by the City of Kalispell and the preliminary plat approved. Engineering design for roads, water, waste water, stormwater and utilities for the Rail Park is complete. The Montana Department of Transportation has approved the location of a signal on US Hwy. 2 East. BNSF has accepted the preliminary rail layout and operations plan. The cost of this engineering work was shared between FCEDA and the City of Kalispell. XV. Infrastructure Analysis — Statement Of Infrastructure Deficiency: The City of Kalispell is one of the fastest growing cities in the state. Constructing infrastructure is expensive and challenging for business. Although the potential for development within the Rail Park is good, the lack of adequate infrastructure is a significant barrier that must be addressed. As shown in the engineer's cost estimates shown below, infrastructure can be costly and prohibitive in many instances. Through the preliminary design process a number of infrastructure deficient conditions were identified as possible road blocks within the proposed Glacier Rail Park TEDD: 1) Water System — The Glacier Rail Park Plan boundary either does not have water service, or is served by private water wells. Fire suppression is not capable without adequate fire flow being provided. Future site planning includes extending City of Kalispell water service into the plan boundary in order to meet state and local guidelines for fire suppression and general water needs. Engineer's cost estimate for water infrastructure: Water Infrastructure 12" PVC Water Main 8,600 LF 5 65.00 $ 559,000 Valves and Fittings 1 LS 5 78,000.00 5 78,000 Fire Hydrant Assembly 17 EA $ 6,000.00 $ 102,000 2" Service 4 EA $ 1,000.00 $ 4,000 Rail road crossing (steel sleeve) 1 EA 5 25,000,00 $ 25,000 Temporary service Et20 sen4ce 1 EA 5 60,000.00 $ 60,000 Pavement Surface Restoration 5,156 SY $ A00 $ 144,356 Subtotal $ 972,356 2) Sewer — State and local regulations limit the ability for septic systems onsite due to proximity to the Stillwater River and past use as a gravel pit. Any potential industrial development is impacted because development cannot occur without sewer service. Currently, no sewer service is being provided; therefore, future site planning includes extending City of Kalispell sewer service into the plan boundary. The City of Kalispell wastewater plant has adequate capacity for the development of the properties within the plan boundary. Engineer's cost estimate for sewer infrastructure: 101 Wastewater Infrastructure 8' PVC Sewer Main 2,200 LF $ 55.00 $ 121,000 ' PVC Forceman 2,400 LF $ 25.00 $ 60,000 Basic Manhole 12 EA $ 4,000.00 $ 48,000 Manhole Additional Depth 60 VF $ 200.00 $ 12,000 Litt Station I LS $ 300,000.00 $ 300,000 Sanitary Sewer Service 4 EA $ 1,000.00 $ 4,000 Rail road crossing (steel steeve) I EA $ 25,000.00 5 25,000 Pavement Surface Restoration 0 SY $ 24.00 $ Subtotal $ 570,000 3) Roads - There is currently no internal road system within the plan boundary. An internal road system needs to be constructed that can provide adequate emergency access to proposed developments within the plan boundary. Additionally, the road system leading into the plan boundary is not sufficient. Significant upgrades need to be done to the road system connecting the development to U.S. 2. Upgrades include realignment of the intersection at Flathead Drive and U.S. 2 and new signal. Engineer's cost estimate for road infrastructure: Road Improvements to E. Oregon, Flathead Dr ll< Inside Rd Removal of existing asphalt 11,200 SY $ 3.50 $ 39,200 Geotextile 26,400 SY $ 1.25 $ 33,000 Geogrid 26,400 SY $ 2.50 $ 66,000 Road Gravel Base Course (6")13 Subbase (12") 11,496 CY $ 25.00 $ 287,407 Sidewalk Gravel Base Course (4-) 230 CY $ 35.00 $ 8,037 Asphatt Pavement (4") 22,933 SY $ 24.00 $ 550,400 Asphatt Concrete binder 299 ton $ 650.00 $ 194,532 RR xing safety equipment (2 crossings) 2 EA $ 400,000,00 $ 800,000 Signs (monument) 1 LS $ 5,000.00 $ 5,000 Boulevard 2.00 AC $ 2,500.00 $ 5,000 Curb and Gutter 7,270 LF $ 32.00 $ 232,640 Sidewratk (5' VIlide one Side of Road) 15,500 SF $ 7.00 $ 108,500 Gravel interior road after grading 1,175 CY $ 35.00 $ 41,136 Subtotal $ 2,370,852 Flathead Drive Traffic Signal Install Signal at Flathead Dr. and US 2 1 ILS $ 250,000.001 $ 2.50,000 Subtotall $ 250,000 4) Stormwater - Stormwater storage and treatment devices are not provided for onsite. New development must provide adequate stormwater retention and treatment facilities prior to building permit issuance. Engineer's cost estimate for stormwater infrastructure: 111 Storm Water 49' Manhole 8 EA $3,800.00 $30,400,00 60' Manhole 4 EA $6,800.00 $27t2OO.00 72"tAanhole 1 EA $8,500.00 $8,500.00 30" Curb Inlet 1.5 EA $2,600.00 $39,000.00 48" Curb Inlet 3 EA $3,500.00 $10,500. 60"' Curb Inlet 2 EA $6,800.00 $13,600. 72" Curb Inlet i EA $8,500.00 $8,500.00 12" RCP Irr. (CL. 5) 310 LF $43.25 $13,401.36 18" RCP Irr. (CL. 3) 903 LF 561.00 $55,094,5 24" RCP Irr. (CL. 3) 995 LF $106.50 $105,937.25 24" RCP Irr. (CL. 5) 114 LF $110.00 $12,493.14 39' RCP Irr. (CL. 3) 702 LF $126.25 588, 597.2 30" RCP Irr. (CL. 5) 223 LF $135.00 530,138.35 Pond Excavation 2,989 CY 56.00 $17,931.36 Pond Embankment 1,493 CY $3.00 $4,477.53 Concrete Dig Out Excavation 3,309 CY $10.00 $33,086.2 Filter Sand 476 CY $30.00 $14,291,1 Riprap 133 CY $85.00 $11,290.55 Lagoon Site Seeding and Fertilizing 1.0 ACRE $800.00 $815.34 Hydromulch 4,933 SY 50.70 $3,452.95 Tackifier 4,933 SY 50.25 51,233.2 Subtotal $ 529,940) 5) Rail — Limited rail access is provided to the main rail line owned by BNSF. Additional spur lines will need to be constructed within the Rail Park to provide access to the main line. Engineer's cost estimate for rail infrastructure: Onsite Rail Construction (from spur into the park including rail to nonCHS lots) Geotextile 41,844 SY $ 1.25 $ 52,305 Geogrid 41,844 SY $ 2.50 $ 104,610 Subbatlast 20,922 CY $ 35.00 $ 732,270 Ballast, Ties Ct Rail 8,069 TF $ 175.00 $ 1,412,075 Ito, 9 Turnout 13 EA $ 60,000.00 S 780,000 Retaining wall 11 LS 1 $ 50,000.001 5 50,000 Subtotal $ 3,131,260 6) Utilities — Telephone, natural gas, lighting, internet and electric services are not readily accessible within the plan boundary. These services will need to be installed for new businesses choosing to operate within the Rail Park TEDD. Engineer's cost estimate for utilities: Misc. Utilities Lighting, telephone, & fiber i LS $ 100,000.00 $ 100,000 Power & Electrical 1 LS $ 110,000.00 $ 110,000 Natural Gas 1 LS $ 1001,000.00 $ 100,000 Subtotal $ 310,000 12 1 : 7) General — Additional infrastructure and public service deficiencies will be identified over time. For example, grading, demolition, traffic control, security fencing, etc. Engineer's cost for some "general" infrastructure: Grading Demolition 1 i5 S 75,000.00 S 75,000 HydrosQed slopes & stope stabitization 8.0 AC S 251.000.00 S 200,000 Cut and Clnsite Fill 164,229 CY S 4.50 $ 739,031 Cut and Waste Fitt Offsite 192„713 CY S 12.00 $ 2,312,556 Subtotal $ 3,326,587 XVI. Environmental: The project will NOT negatively impact the natural, social or economic environment. Phase I and Phase II assessments were conducted in 2011 on the Glacier Rail Park site. The project falls under the purview of the FRA as it is primarily a rail project. As such, the FRA has already reviewed and commented on the NEPA document. Environmental studies and other documents demonstrate no negative environmental impacts and therefore no mitigation needed. Properties outside of the proposed TEDD district, but within the proposed Glacier Park Plan Boundary, will obtain the appropriate environmental documentation prior to infrastructure being extended to the property. XVII. TEDD Promm Criteria: The City of Kalispell could use tax increment financing in conjunction with other funding mechanisms to support the development of secondary value -adding industry within the Glacier Rail Park TEDD. Infrastructure projects selected for funding will be required to meet certain criteria, based on the goals of this plan. Suggested eligibility criteria for reviewing both publicly and privately initiated requests for infrastructure improvements might include the following: 1) The project must be located within the authorized TEDD. 2) Additional specific criteria which will be used to evaluate applications for assistance will include but are not limited to: a) Job creation — Developments will be evaluated based upon the number of jobs created. Advantage will be given to developments where the wages and benefits for jobs meets or exceeds the current average County wage. b) Taxable valuation — In most cases, developers who contribute more to the community's tax base will be eligible for greater assistance. 13 1 c) Value -adding — Developers must be engaged in secondary industries, defined as those industries that use a process to transform materials or substances into new products. d) Leverage ratios — Tax increment funds will be used to construct infrastructure in support of secondary value -adding economic development. Those investments of tax increment financing which result in larger infusion of private or other public capital will generally be viewed more favorable, compared to those which result in smaller infusion of private or other public capital. XVIII. Management: The City of Kalispell TEDD program would be managed by the City of Kalispell Urban Renewal Agency advisory to City Council. Additionally, the City of Kalispell's Community Development and Finance Departments have the capacity to manage the Glacier Rail Park TEDD. The City of Kalispell currently has four TIF Districts located within its boundary and is well versed in the state regulations pertaining to management of TIF's. XIX. Amendments: The plan provides the ability for the tax increment finance district (TIFD), of which a TEDD is a subset, to be extended into adjacent properties within the Flathead County. If the boundaries of the TEDD are amended to include new properties, the provisions of Title 7, chapter 15, parts 42 and 43, MCA, shall submit the information described in ARM 42.19.1410 to the department manner described in ARM 42.19.1402. Property that is removed from a TEDD as a result of an amendment or change shall be considered newly taxable property pursuant to 15-10-420, MCA. XX. Proposed Findings of Fact In the event that the Kalispell City Council determines that it wishes to create a TEDD to overlay the Glacier Rail Park, it must first pass a resolution of necessity setting forth its findings that certain facts exist to support the creation of such a tax increment district. Based upon the evidence presented in this report the following findings would be appropriate: a. The document entitled the "Glacier Rail Park Development Plan" is hereby adopted by the City of Kalispell as its comprehensive development plan as such plan identifies the use and purpose for which a Targeted Economic Development District [TEDD] may be created for this land area; and; 14� b. The property upon which the Glacier Rail Park will be developed is deficient in the infrastructure necessary to encourage and retain value -adding industry within the rail park; and c. The property upon which the Glacier Rail Park will be developed has been designated to be within an Economically Distressed Area in part due to a decline in the traditional industries of timber, mining and aluminum production; and d. The property upon which the Glacier Rail Park will be developed is annexed within the City of Kalispell, is zoned for purposes consistent with the Glacier Rail Park Development Plan and said zoning is consistent with the City of Kalispell Growth Policy; and e. The property upon which the Glacier Rail Park will be developed consists of a continuous area with an accurately described boundary and is not included within an existing tax increment financing district; and f. The Glacier Rail Park Development Plan is specifically of the size and design to host a diversified base of multiple independent tenants; and g. The property upon which the Glacier Rail Park will be developed meets the state statutory criteria for the creation of a TEDD. XXI. Conclusion: Taken as a whole, the Glacier Rail Park is transformative. Investment in this project transforms an old gravel pit into an active industrial rail park creating a long term boon to the local economy. The Glacier Rail Park will transform acres and decades of disinvestment and decay into a robust and vibrant economic hub. Even with the infusion of funds from the TIGER grant, such funds must be properly focused and leveraged with such economic development tools as a TEDD to bring the project of the Glacier Rail Park to a successful completion. 15�