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5. Resolution 5506 - URA Recommendation for Old School Station TIF Distribution=F ... .... ...... ... IX . ... ....... .. �-_ a T.Ok BUSINESSESS p,........ ......k.L F. ..f1# . MEMORANDUM TO: Mayor Tammi Fisher And Kalispell City Council FROM: Jane Howington, City Manager Wade Elder, Revolving Loan Fund Manager City of Kalispell Urban Renewal Agency 201 1 st Avenue East Kalispell, MT 59901 h P one 405.758.7738 Fax: 406.758.7758 SUBJECT; Glacier Investment Properties request for Old School Station Technology TIF distribution. MEETING DATE: July 5, 2011 - Regular Council Meeting. BACKGROUND: The Old School Station Technology (OOST) TIF was established on 11/21/05 through the passage of Ordinance 1558. It established the base year for calculating the tax increment as January 1, 2005. The amount of funds in the OOST TIF account as of 06/29/ 11 was $15,495.67 and the projected ending balance (06/30/12) in the proposed FY 2012 is $1,374.00. The projected revenues from the proposed FY 2012 budget are $33,700.00. The City of Kalispell received a request from Glacier Investment Properties (GIP) requesting $464,489-00 dated October 26, 2010. Funds are being requested for improvements at their location of 125 School House Loop, Kalispell, MT (Lot 7, Old School Station). The Urban Renewal Agency (LIRA) Committee met on November 17, 2010 and discussed a request from GIP in the amount of $464,489.00 for Land Acquisition costs, SID Costs, Late Comers Fees, Impact Fees and Special Wiring from the OSST TIF. Present representing GIP was Brad Kastelitz and Jim Barrett. There were concerns from the Committee that there were no funds available for the request in the OSST TIF. This comment lead into funds of future payments being refunded back to the property owners such as what is being done at the Fed Ex property in this same TIF District. There were concerns of why this project was done in 2007 and now being brought forward. GIP representatives commented there had been a verbal application to the City back in 2007 before they bought the property that were never acted on. The Commit- tee presented a motion to recommend to City Council that in light of the purported verbal application GIP had previously with the City of Kalispell the URA is recommending the City Council approve a request of $21,376.00 for special wiring (if the wiring is for public infra- structure and not specifically for the GIP building) be approved. This motion passed with a 3 to 2 vote. In discussion with GIP they requested the motion passed by the URA Committee on November 17, 2010 not be sent to the City Council as they wanted to work with the City staff and the URA to make adjustments to the request and what is an allowable item. The URA Committee met on January 19, 2011 and discussed a memorandum dated January 3, 2011 from City Attorney Charlie Harball that covered the subject "Historical Outline of Old School Station re: TIF' It was discussed that distributions of funds in the Old School Station (OSST) TIF for payments of Special Improvement District (SID) bond obligations is an approved use of funds. This was done with a motion by a 4 to 1 vote to present to Council a recommendation to amend the guiding document to include an additional item # 15 for which OSST TIF funds can be considered to pay up to 100°Io of the SID payments on each property owner's parcel, with a sunset of 5 years. City Council met on February 7, 2011 and approved Resolution 5480 in which it made it allowable for 'TIF funds to be used for Special Improvement District assessments. The City of Kalispell received a request from Glacier Investment Properties (GIP) requesting $277,414.00 dated March 31, 2011. Funds are being requested for improvements at their location of 125 School House Loop, Kalispell, MT (Lot 7, old School Station). The URA Committee met on May 4, 2011 to consider the request of GIP. GIP was represented at the meeting by John Peterson.. Mr. Peterson and all members of the committee as well as the City Attorney Mr. Harball and City Revolving Loan Fund Manager Mr. Elder participated in the discussion. The URA Committee looked at the request from GIP and voted on a motion to recommend to City Council the request be approved or declined as follows AMOUNT PURPOSE $1359915 SID Request $ 55,095 Land $ 579840 Late Comers Fees $ 45500 Landscaping $ 41047 Road Apron $ <1,359> Public Utilities YES VOTES No VOTES 1 3 1 3 0 4 1 3 Not voted on as is a negative number. $ 215376 Personal Property (wiring) 0 4 The recommendation does not include how the funds were to be paid only that they are recommending to approve the $135,915 SID request and that the other items be declined. There was a second motion that the funds paid are not to exceed 10 years in term. or 100% of the SID payments paid by the property owner in the annual tax payments. This was approved in a vote of 4 to 0. RECOMENDATI0N: A motion for approving a refund back to Glacier Investment Properties of the funds being paid into the Old School Station Technology TIF District up to the maximum amount of the Special Improvement District payments (on Lot 7 of Old School Station) on an annual basis for the next 10 years would be in order. FISCAL IMPACTS. A reduction of the old School Station Technology TIF District fund over the next 10 years up to the maximum of the amount of the Special Improvement total payments. Assuming the maximum is being paid out of the full SID payments the total would be $1101277.66. Respectfully submitted, Wade Elder, Revolving Doan Fund Manager vl� Aane Howington, City Manager" P SCHOOL is -: A RESOLUTION TO AUTHORIZE A ► DISTRIBUTION TECHNOLOGY TAX INCREMENT DISTRICT FOR THE PURPOSES OF HEREA.S, on the 21. st day of November, 2005 the City of Kalispell established the Old School. Station Technology Tax Increment Financing (TIF) District with ordinance No. 1.558 pursuant to the authority granted the City under MCA Title 7, Chapter 1.5, Part 42; and WHEREAS, the city received a request from Glacier Investment Properties (GIP), owner of Lot 7, old School Station, for a distribution from the old School Technology TIF account in the sure of $2771,41-3.00 for the purpose of land acquisition costs, SID costs, latecomers fees, and special wiring for Lot 7, old School Station; and WHEREAS, on February 7, 2011., the Kalispell City Council passed Resolution No. 5480 which specifically allowed the use of TIF funds to pay Special Improvement District assessments; and WHEREAS, the Urban Renewal Agency met on May 4, 201.1 and fully considered the request of Glacier Investment Properties and determined to recommend to the City Council that it partially approve the distribution request by recommending that each year the tax increment payments contributed by Lot 7, old School Station be applied to the SID bond obligation share of Lot 7, old School Station for a period not to exceed 10 years and in an amount not to exceed 1.00% of the SID obligation on Lot 7, Old School Station; and WHEREAS, the Kalispell City Council finds in this case that the application of tax increment generated by the parcel within the old School Station Technology TIF District against the SID obligation assigned to that parcel meets the goals of the district by funding the public infrastructure within the district and attracting investment to the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of KALISPELL. AS FOLLOWS: SECTION I. The City Manager is authorized to instruct the Finance Director to apply the tax increment payments contributed by Lot 7, old School Station to the SID bond obligation share of Lot 7, old School Station for a period not to exceed 10 years and in an amount not to exceed 100% of the SID obligation on Lot 7, old School Station. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR of THE CITY OF KALISPELL, THIS 5TH DAY OF JULY, 201 L Tammi Fisher Mayor /�1�Itf�T.` Theresa White City Clerk Tel 406.758.7709 Fax 406.758.7771 ch arbal I @ kal ispel 1. com Mayor Tar nu* Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Resolution No.5480 — a Resolution Clarifying the Guidelines of t�v-t City Regard*ng the Util* ation of Tax Increment Financing N-0 I ILZ February 7, 2011 — Regular Council Meeting Prior to the estabhshment of the URA the Council approved a developer's agreement with the mvestor that constructed the FedEx facility in Old School Station. This agreement approved the use of tax m"crement created by the FedEx facility property to be applied toward the annual SID assessments against that property. The URA does not question the authority or discretion of the Council to enter into that agreement. But for the reason that such use of increment is not specifically stated within the existm*g glu'dehnes, the URA seeks this clarification M anticipation of receiving future applications from M'Vestors. seeking this benefit. RECOMMENDATION: That City Council give consideration to and pass Resolution No. 5480. The Resolution shall become effective immediately. FISCAL HVIPACTS: There are no anticipated fiscal * acts to the City from this proposed IMP resolution. Respectfully submitted, Charles Harball, City Attorney ane Howington, City Ma�4ger A RESOLUTION CLARIFYING THE GUIDELINES OF THE CITY OF KALISPELL REGARDING THE UTILIZATION OF TAX INCREMENT FINANCING WITHIN TAX INCREMENT DISTRICTS THAT HAVE PUBLIC IMPROVEMENTS FINANCED THROUGH SPECIAL IMPROVEMENT DISTRICT DEBT. WHEREAS, the City of Kalispell has established a number of tax increment districts Pursuant to its authority and the terms of state law; and WHEREAS, the City of Kalispell has also established, pursuant to its authority and the terms of state law, a number of special improvement districts for the purpose of funding certain public improvements; and WHEREAS, a special improvement district on which public improvements were constructed and financed through city debt, secured by and assessed to the properties directly benefitted by such public improvements may also be within a tax increment district; and WHEREAS, the existing tax increment distribution guidelines established by the Council at Resolution No. 4609 and Resolution No. 5262 specifically enumerate the statutorily permissible uses of tax increment that includes the use of such funds for public improvements and establishes the eligibility of businesses that locate or expand within the city that are of a manufacturing, technological, office, professional or technical service nature to receive increment benefits in an industrial or technology tax increment district; and WHEREAS, the Kalispell City Council hereby finds that in instances in which the City establishes a special improvement district and issues bonds for public improvements and also establishes a tax increment district over the same area, it is appropriate that tax increment benefits be considered for otherwise eligible businesses electing to locate and make private investment within the districts for the purposes of paying the special improvement district assessments of that district. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T-HE CITY OF KALISPELL AS FOLLOWS: SECTION 1. That the tax increment distribution guidelines for the City of Kalispell shall include the allowable use of tax increment to be the payment of special improvement district assessments on property owned within such special improvement district and within such tax increment district for the benefit of a property owner of an eligible business electing to locate and make private investment within the districts. PASSED AND APPROVED BY TAUS CITY COUNCH-, AND SIGNED BY THE MAYOR OF THE - CITY OF KALISPELL, THIS 7TH DAY OF FEBRUARY, 2011. P ATTEST: . . . ... . .......... Theresa White City Clerk Tammi Fisher Mayor Tel 406.758.7709 Fax 406.758.7979 charb al I @ kal ispel I . com 0 To-, KalispJ 0 CCIP Wade Elder, Jane Howingtoll omo Charles A. Harball, Kalispell City Attorney Subject: Historical Outline of Old School Station re: TIF in At the time when the previous city manager, Jim Patrick, was searching for ways tf bring business investment into the city, he discovered that an investor had purchased property south of the city with plans to construct a business park. He made contact with them and discussed the possibilities that the property may be annexed into the city so that the city might benefit from the increased tax base. I The basic framework of the exchange was that the investor would pay the cost of running the utility infrastructure to the property and deed the utilities to the city when it was completed according to city specifications. The city would enter into a latecomer agreement with the investor such that properties hooking into the utility services would pay a fee to reimburse the investor for Isis outlay. Further, the city would cooperate with the financing of needed ln&astructure within the business park by creating a special improvement district. Such a district is eligible for relatively attractive financing through the issuance of bonds for which the individual parcels within the park would be primarily responsible. Finally, the city would create an industrial tax 'increment district and a technology tax increment district within the park as an overlay to the SID. The intent was that the tax 'increment created by investment within the districts would create revenue that would be used to pay on the SID bond obligations. Memorandum Re: Old School Station — Historical Context January 3, 2011 Page - 2 F�.articular to the plan and its execution are the following relevant incidents: Glacier Investments constructed its facility sometime after the interior infrastructure of the SID was completed but prior to execution of the latecomer agreement. Once the latecomer fee was established, Glacier Investments paid that obligation. Inquiry was made to the city prior to its purchase and construction as to I ^ the statutory eligibility for tax increment financing. Consultation with Department of Revenue detennined that its activities would be deemed legally eligible. In the meantime the city was attempting, with the assistance of bond counsel, to negotiate a master agreement with the owner of OSS regarding the utilization of TIF. Such an agreement would set out terms that investors would be able to rely upon to determine the value of investing in a parcel. The agreement would deterimine the criteria that businesses would need to meet in order to be eligible for TIF benefits. For a variety of reasons, this agreement has never been reached. Office of City Attomey City of Kalispell Memorandum Re: Old School Station — Historical Context January 3, 2011 Page - 3 Office of City Attorney City of Kalispell Glacier Invest ant Properties 125 School House Loop Kalispell, MT 59901 [406] 752-2216 March 30, 2011 City of Kalispell Urban Renewable Agency 201 1st. Ave. East Kalispell, MT 59901 Attn: wade Elder — Program Manager Re: Old School Station — TIF Dear wade: Glacier Investment Properties [GIP] is resubmitting with this letter our application for Tax Increment Financing [TIC`] for our Morrison Majierle Office project located in Old School Station [OSS]. Tong with the NEW application, form, we are attaching our previous letter with a written narrative of the project's development. Based on meetings with you, the City of K.alispell's attorney and our attorney, GIP now dirks we understand what funds qualify for TIF. The attached spread sheet includes [61 items for which we are requesting finding. we Have broken each of these items down to ghat extra cost there were to the project because we built in O S S . Our revised request for funds is $277,414 or a 4O% reduction from our previous request. Representatives of GIP will attend your next review session to answer any questions you may have on our request. �,r*nsarrai��� "'LACIER INVESTMENT PROPERTIES P. O. BOX 8057 KALISPELL, MT October 26, 2010 City of Kalispell Revolving Loan Fund Program 201 1 "Ave. East Kalispell, Montana 59901 Attn.- Wade Elder — Program Manager Re: TIF — Old School Station Dear Mr. Elder: Glacier Investment Properties [GIP] is submitting with this letter our application for Tax Increment Financing [TIF] for our Morrison Maierle Office project located in Old School Station [OSS j. Along with the application form, GIP would like to give you a narrative of the project's development. In 2006 GIP started working with Morrison Maierle Inc [M-Mj on the possibility of providing them with a new facility in order for M-M to have room to expand their practice. Their existing facility had 4,700 sq. ft and was at capacity with their 20 employees. The economy was very strong at that time. The need to expand locally or shift some of their employees to another town that already had extra capacity was considered in order to meet their projected work load. Engineering is very different from retail sales or manufacturing, it can be done anywhere with the finished product emailed to the local office. M-M preferred to keep everything local. M-M was the engineer of record for the OSS subdivision and utilities. They were very interested in relocating to OSS. As GIP started to put together construction budgets and land cost in early 2007 it became apparent that OSS was not the most economically feasible location for the project. The asking price for lot No. 7 was $244,093. We had looked at other locations both north and south of Kalispell [outside the City limits] where lots were approximately $150,000 or 40% less than OSS. The final decision to relocate in OSS was made based on the quality of the subdivision. Other costs that came with the lot were the $135,915 SID and $26,641 Impact Fees. This was disclosed to us by the seller prior to the purchase of the property. On or about April 111 2007 there was a meeting between the City of Kalispell and Old School Station to hammer out issues with the TIF funds, Two of the partners of GIP attended this meeting where GIP was assured that the M-M project would qualify for TIF funds. [note that no TIF application forms had been developed at that date] In May of 2007 GIP purchased Lot No. 7 of OSS. The total land cost impact on the lease rate was $406,649. Construction started around June of 2007. Then on October 2, 2007 GIP received an email stating that we may owe $1,781,209 in Late Comers Agreement Fees [LCA]. It is important to understand that until that date it had never been disclosed to GIP that there was a LCA. In fact, we had the building framed, roofed and utilities were installed to the building prior to the "writing" of the LCA, It was later determined that the proposed LCA fee would be $57,840 and GIP reluctantly agreed to pay it on March 18, 2009 well after the project was completed. This brought the total land cost impact on the lease rate to $464,489. Our decisions to buy the land, pay the SID, pay the LCA, pay the Impact Fees were all made knowing that we were assured in 2007 that the M-M project qualified for the TIF funds. This should bring the Committee up to date on the history. As GIP started working on the TIF application, we asked the City for a copy of FedEx's application so we could try to follow their procedure. What we found out was that they were not required to fill out the application. Resolution No. 5396 was approved by the City of Kalispell in October of 2009 without an application. We have in fact filled out the TIF Application which is attached to this letter. We believe that GIP's Morrison Mal' erle Office meets all of the requirements for TIF funding. * M-M needed to expand or relocate to another City where they have existing space 0 GIP built a 12,934 sq. ft. office building to assure that M-M maintained a fall work force in Kalispell with room for additional work force 0 Our project costs are $2,312,937 0 The building and site are laid out for an 11,060 sq. ft. addition e M-M's staffing went from 20 to 25 when they moved into the building [25% increase] e The improvements to the site have substantially increased the taxable value of the lot and the remaining subdivision a The M-M project acts as a stimulus to attracting more High Technology business to oss We are asking for funds to cover the following cost as outlined in MCA 7-15-4288 Section 4: Land cost $244,093 SID cost equaling $135,915 LCA cost equaling $ 573840 Impact Fees $ 26,641 Special Computer Wiring L21 P7 -` Total $464A9 Our Morrison Maierle office pro,0ect has completed exactly what Tax Increment Financing was intended to do. Low taxable value land was turned into a high taxable land for technology use. By developing this project, we were able to assure that Morrison Maierle who has a majority of its employees located outside of Kalispell will have a presence in Kalispell for a long time. And lastly, the quality of our tenant, Morrison Maierle will help to encourage others to invest m* old School Station and Kalispell, MT. As requested or suggested., we are processing this application to complete the process to cone to a successful. conclusion. Whereupon those who follow us will learn to appreciate the cooperation extended by the City of Kalispell to keep a viable economy in tact. Thanks you, hn W. Peterson