01. Payment of Lieu of Taxes Agreement - Depot PlacePlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fag: (406) 758-7739
www.kalispeRcom/planning
REPORT TO: Doug Russell, City Managerj))�_
FROM: Sean Conrad, Senior Planner
SUBJECT Payment In Lieu of Taxes — The Sparrow Group, Senior Apartment Project
MEETING DATE: August 20, 2012
BACKGROUND: In July of 2009 the city council adopted Resolution No. 5374 which requires the
Planning Department to negotiate a payment in lieu of taxes (PILT) agreement with non-profit
entities which compete with for -profit entities. The Sparrow Group is proposing a 40-unit low
income senior housing apartment complex which will be known as Depot Place. Once constructed,
Depot Place will be a tax exempt apartment complex for low income seniors. Based on Resolution
No. 5374 a PILT agreement is required to be in place prior to the Building Department issuing a
building permit for the apartment project. The Sparrow Group would like to begin construction soon
after receiving their conditional use permit and have requested the Planning Department to work on
the PILT agreement for the city council's review and approval.
The Planning Department contacted The Sparrow Group to determine the cost to construct the
apartment building and property value of the site. With these figures, the Planning Department staff
contacted the Montana Department of Revenue who provided a total market/productivity value for
The Sparrow Group's project (land, building, improvements) for the years 2002 and 2008. Based on
these values, planning staff entered the information into a property tax calculator operated by the
Department of Revenue to determine the yearly taxes from 2008 to 2014. Based on the property tax
calculator, an initial annual PILT payment of $9,000.00 to the City would be required if Depot Place
was a for -profit entity.
As part of Resolution No. 5374, the Planning Department is also required to prepare a cost of services
analysis. The cost of services analysis (copy attached) is an estimate of the city taxes the non-profit
entity would otherwise pay if it were not tax exempt as well as a reasonable annual estimate of the
cost of services (police and fire) the city provides the property. The analysis concludes that providing
services to the future apartment complex would cost the City roughly $14,908 per year over the
anticipated revenue generated by assessments. Therefore, planning staff requested The Sparrow
Group pay the entire initial annual amount of $9,000 calculated by the State's property tax calculator
to help defray part of the cost of services that the City could expect to provide the future apartment
complex. The Sparrow Group has agreed to the initial annual payment of $9,000 to the City.
P-ECOMMENDATION: A motion to approve an initial annual payment in lieu of taxes of $9,000
and direct staff to finalize the agreement between the City of Kalispell and The Sparrow Group
would be in order.
FISCAL EFFECTS: Minor negative impacts once fully developed.
Respectfully submitted,
Sean Conrad
Senior Planner
Report compiled: July 31, 2012
c: Theresa White, Kalispell City Clerk
Attachments: Cost of services analysis
TO:
FROM:
SUBJECT:
DATE:
Doug Russell, City Manager
Sean Conrad, Senior Planner
Cost of Services Analysis — Depot Park PILT
July 30, 2012
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Resolution #5374 requires the Planning Department to prepare an estimated Payment in Lieu of Taxes
(PILT) for certain projects which have tax exempt status in the City. In preparing this estimated PILT
payment, several assumptions are made;
1. Costs of services associated with solid waste, ambulance, water, sewer, storm water, streets and
street maintenance are already addressed through the payment of user fees and assessments by
both exempt and non-exempt properties.
2. Costs associated with impacts to general city administration (finance, community development,
planning and attorney's office) are in most cases generally impractical to estimate and difficult to
assess in any meaningful way.
3. Costs associated with police, fire, and parks (for residential projects) are very tangible and
definable costs.
4. The average cost of a police call in Kalispell is approximately $128. This is based on dividing the
number of calls included in the summary section of the police department's budget by the general
police budget for the past 2 years.
5. The average cost of a fire call in Kalispell is approximately $594. This is based on dividing the
number of calls included in the summary section of the Fire Department's budget by the general
fire budget for the past 2 years.
6. The Depot Place project will construct 40 new apartment units for low income seniors.
7. A review of two similar existing apartment buildings, The Elms and Glacier Manor, were
reviewed for the number of police and fire calls over the past two years to provide an estimate of
anticipated calls from Depot Place once it is constructed and occupied.
PILT estimate for Depot Place:
POLICE:
The Police Department could expect 29 service calls when the project is fully occupied. The
annual cost of services for the Police Department is estimated as follows:
29 calls x $128/call = $3,712
FIRE
In my calculation of an approximate cost of services the numbers of calls reflects basic life support
calls, advanced life support calls and fire calls including small kitchen fires, smoke alarms and
false alarms. As mentioned previously, the number of calls is based on two other apartment units
on the west side of Kalispell. The annual cost of services for the Fire Department is estimated as
follows:
34 calls x $594/call = $20,196
AVERAGE ANNUAL COST OF SERVICES (POLICE AND FIRE) EXPERIENCED BY THE CITY:
$23,908
ESTIMATED CITY TAXES:
For a comparison of how the average annual cost of services calculated above compares to the estimated
taxes that the new apartment building would pay I contacted the Department of Revenue. Based on my
discussion with the department, the completed Depot Place apartment building would pay an estimated
yearly tax of $9,000, based on a 5 year average tax assessment, if the property were not tax exempt.
SUMMARY
The average annual cost of services to the City that can be directly contributed to the Depot Place
apartment building is estimated at $ 23,908. Based on the City's current mill levy, the estimated yearly
tax on the proposed apartment building is $9,000. The Planning Department considers the estimated
yearly tax as the maximum amount of payment that should be assessed to a particular property for
services received. The analysis above indicates the average annual cost of services would be higher than
the estimated yearly amount in taxes paid by $14,908. Although the cost to serve the new apartment
building is expected to be higher than the taxes the City would have received if the property were not tax
exempt, the intent is to not overburden the property owner with excess taxes based on anticipated
services. Rather, the property owner is required to pay their fair share as if they were a tax paying
property, competing with other apartment buildings in the City. Paying $9,000 annually to cover a
portion of the cost of services to the City, is a reasonable payment in lieu of taxes
RECOMMENDATION:
The Planning Department's recommendation would be to bill the facility $9,000 annually to cover the
average annual cost of services that the apartment building would require from the Police and Fire
Departments.
Return to:
City Clerk
City of Kalispell
P.O. Box 1997
Kalispell. NIT 59903-1997
THIS AGREEMENT is entered into this day of August, 2012, by and between Center
Street Limited Partnership dba Depot Place, ("DEPOT PLACE"), of PO Box 2099, Missoula, MT
59806, its successors and assigns, and the City of Kalispell, Montana (the "City").
WHEREAS, DEPOT PLACE is the owner in fee of real property located within the jurisdictional
limits of the City and which legal description is described in Exhibit "A" attached
hereto and incorporated fully herein by this reference; and
WHEREAS, the Kalispell City Council, on August 6t", 2012, approved a Conditional Use Permit
for the benefit of DEPOT PLACE to construct and manage a 40 unit three story
apartment building for low income senior citizens; and
WHEREAS, DEPOT PLACE is rental housing providing affordable housing to lower -income
tenants and is exempt from certain real property taxes and personal property taxes
under Section 15-6-221, Montana Code Annotated; and
WHEREAS, DEPOT PLACE, in recognition of the City's consideration of approving the
Conditional Use Permit and providing essential municipal services to the property,
agrees to make certain payments in lieu of such taxes; and
WHEREAS, such payments by DEPOT PLACE are being made as a business expense and will
defray the cost of certain necessary services provided by the City to DEPOT PLACE
as owner of above described Project.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Payments In Lieu Of Taxes: Procedure For Calculating
DEPOT PLACE agrees that it shall pay to the City annual payments in lieu of taxes ("PILOT").
Generally speaking, the amount of the PILOT will be based on the current market value of the Real
Property (as defined below) and Personal Property (as defined below) comprising the Project that is
subject to taxation multiplied by the current rate of taxation applicable to the class or type of
property, times the current mills levied by the applicable taxing jurisdictions as more fully described
in this Section.
(a) Current Value of Real Property. The property constituting the Project and currently subject to
property tax consists of a parcel of land with no improvements (the "Real Property"). Value for
the future finished building is estimated to be $3,206,189 with the estimated value of the land
being $600,000 and an additional value of land improvement in the nature of site work, utilities
and amenities estimated to be $510,000. Given the agreed upon estimated values set forth above,
the parties agree that the property tax that would otherwise be paid by DEPOT PLACE on the
real estate, based upon the.] 70 Mill Levy for 2013 would be $9,143 for the year 2013. See
Exhibit "B" attached hereto and incorporated fully herein by this reference.
(b) Determination of Market Value of Real Property. The market value of the Real Property will
only be adjusted upon reappraisal. The City shall apply the then existing rate of taxation to the
taxable value of the Real Property for such tax year. No later than October 1 of each year the City
shall notify DEPOT PLACE of the then existing rates of taxation for the then current fiscal year and
the taxable value of the Real Property for the fiscal year.
(c) .Determination of Market Value of Personal Property. So long as personal property is subject to
taxation under Montana law, the PILOT attributable to such Personal Property shall be calculated as
follows: On or before July 1 of each year, DEPOT PLACE will submit to the City, on a form
provided by the Department of Revenue, a sworn statement setting forth all Personal Property owned
by, in possession of, or under DEPOT PLACE'S control and the date of acquisition and the purchase
price of such Personal Property. The City will consult with the Flathead County Assessor (the
"County Assessor") to determine the value of the Personal Property, using the methodology and
schedules utilized by the County Assessor to determine the market value of other personal property
in the County. The City shall apply the then applicable rate of taxation to the market value of the
Personal Property to determine the taxable value of the Personal Property for such tax year. No later
than October 1 of each year, the City shall notify DEPOT PLACE of the market value, the then
existing rate of taxation to be applied for such year and the taxable value of the Personal Property.
(d) Mill Rates and Taxing Jurisdictions. The City will calculate the amount of PILOT that will be
due and payable for each fiscal year through the term of this Agreement by multiplying the taxable
value of the Real Property and Personal Property for the subject tax year, as calculated in accordance
with Section 1(b) and Section I (c) respectively, or as provided by Montana Department of Revenue,
by the number of mills levied for the fiscal year by the City and notify DEPOT PLACE of such
amount no later than November 30 of each year.
(e) Special Assessments: DEPOT PLACE acknowledges and agrees that it is not exempt from
City's special assessments and it will pay the same and that it will be assessed in the future,
regardless of any property tax exemption DEPOT PLACE may receive, provided that any such
special assessments shall be paid from the available cash flow of DEPOT PLACE, represented as
gross rental income less operating expenses and required reserves, and shall not constitute a
forecloseable or executable lien against the Project until such time as available Cash Flow would
allow for such payment and then only to the extent that available Cash Flow would allow for such
payment. Any such special assessments that are not paid when otherwise due and owing shall accrue
and earn interest at the same rate, calculated in the same manner, as delinquent property taxes under
the laws of the State of Montana. At this time DEPOT PLACE is obligated to pay special
assessments for Kalispell Storm Sewer, Kalispell Special Maintenance District, Kalispell Urban
Forestry, and the Kalispell Business Improvement District.
2. Procedure For Pavment
DEPOT PLACE agrees to pay the City each fiscal year during the term of this Agreement,
commencing with the fiscal year beginning July 1, 2013, the amount calculated as a PILOT, reduced
by the amount of any such property tax actually paid (not including special assessments) with
respect to the Project by DEPOT PLACE. Fifty percent (50%) of the PILOT shall be due and
payable semiannually on the fifteenth day of December and June of each year, beginning December
15, 2013, and shall be paid by DEPOT PLACE directly to the City. Any portion of the PILOT not
paid when due shall bear interest at the same rate, calculated in the same manner, as delinquent
property taxes under the laws of the State of Montana and such delinquent amounts will become
liens on the property in the same manner as delinquent taxes shall become a lien against the Project
to the extent permitted by law.
3. Term
This Agreement shall continue in effect so long as DEPOT PLACE, or its successors and assigns,
as the owner of the subject property is exempted from any portion of property taxes otherwise
assessed.
4. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
Montana.
5. Notices
All notices, reports or other communications relating to this Agreement shall be sent to the parties at
the following addresses, unless otherwise provided by one party to the other party in writing:
CENTER STREET LIMITED
PARTNERSHIP
dba Depot Place.
PO Box 2099
Missoula MT 59806
To the City: City of Kalispell
Attn: City Manager
P.O. Box 1997
Kalispell, Montana 59903-1997
7. Recording
The document shall be recorded in the office of the Flathead County, Montana Clerk and
Recorder.
8. Severability
In the event any provision of this Agreement shall be held invalid or unenforceable by any court or
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision
hereof.
9. Amendments, Changes, and Modifications
This Agreement may be amended or any of its terms modified only by written amendment
authorized and executed by the City and DEPOT PLACE.
10. Further Assurances and Corrective Instruments
DEPOT PLACE and the City agree that they will, if necessary, execute, acknowledge and deliver, or
cause to be executed, acknowledged and delivered, such supplements hereto and such further
instruments as may reasonably be required for correcting any inadequate or incorrect description of
the Project or for carrying out the expressed intention of this Agreement.
11. Execution in Counterparts
This Agreement may be simultaneously executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
12. Captions
The captions or headings in this Agreement are for convenience only and in no way define, limit or
describe the scope or intent of any provisions or Sections of this Agreement.
13. No Assignment
DEPOT PLACE may not assign its rights under this Agreement without the written consent of the
City to any such assignment.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
CITY OF KALISPELL
B
Doug Russell
City Manager
ATTEST:
Theresa White
City Clerk
BY: SPARROW DEPOT 1 LLC
ITS: Administrative General Partner
Tim German
Managing Member
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of , 2012, before me, a Notary Public for the State of Montana,
personally appeared DOUG RUSSELL and T E ESA WHITE, respectively, proved to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they
each executed the same in their respective authorized capacities as City Manager and City Clerk of
the CITY OF KALISPELL.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year hereinabove first written.
Printed Name:
NOTARY PUBLIC for the State of Montana
SEAL Residing at:
My Commission expires:
STATE OF MONTANA )
) ss.
County of Missoula )
On this day of , 2012, before me, a Notary Public for the State of
Montana, personally appeared TIM GERMAN and proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same in his
authorized capacity as Managing Member, Sparrow Depot 1, LLC, Administrative General Partner of
the CENTER STREET LIMITED PARTNERSHIP, a Montana limited partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year hereinabove first written.
Printed Name:
NOTARY PUBLIC for the State of
SEAL Residing at:
My Commission expires:
Lot 2 of the Manion Square Subdivision (Being an Amended Plat of Lot 3, Kalispell Market
Place Phase III) located in the SE 1/ of the SE 1/4 of Section 7 & the SW 1/ of the SW 1/ of
Section 8, T28N, R21W, P.M.M., Flathead County, Montana
Resolution #5374 requires the Planning Department to prepare an estimated Payment in Lieu of
Taxes (PILT) for certain projects which have tax exempt status in the City. In preparing this
estimated PILT payment, several assumptions are made;
1. Costs of services associated with solid waste, ambulance, water, sewer, storm water,
streets and street maintenance are already addressed through the payment of user fees and
assessments by both exempt and non-exempt properties.
2. Costs associated with impacts to general city administration (finance, community
development, planning and attorney's office) are in most cases generally impractical to
estimate and difficult to assess in any meaningful way.
3. Costs associated with police, fire, and parks (for residential projects) are very tangible
and definable costs.
4. The average cost of a police call in Kalispell is approximately $128. This is based on
dividing the number of calls included in the summary section of the police department's
budget by the general police budget for the past 2 years.
5. The average cost of a fire call in Kalispell is approximately $594. This is based on
dividing the number of calls included in the summary section of the Fire Department's
budget by the general fire budget for the past 2 years.
6. The Depot Place project will construct 40 new apartment units for low income seniors.
7. A review of two similar existing apartment buildings, The Elms and Glacier Manor, were
reviewed for the number of police and fire calls over the past two years to provide an
estimate of anticipated calls from Depot Place once it is constructed and occupied.
POLICE:
The Police Department could expect 29 service calls when the project is fully occupied.
The annual cost of services for the Police Department is estimated as follows:
29 calls x $128/call = $3,712
FIRE
In my calculation of an approximate cost of services the numbers of calls reflects basic
life support calls, advanced life support calls and fire calls including small kitchen fires,
smoke alarms and false alarms. As mentioned previously, the number of calls is based on
two other apartment units on the west side of Kalispell. The annual cost of services for
the Fire Department is estimated as follows:
34 calls x $594/call = $20,196
AVERAGE ANNUAL COST OF SERVICES (POLICE AND FIRE) EXPERIENCED BY THE
$908
ESTIMATED CITY TAXES:
For a comparison of how the average annual cost of services calculated above compares to the
estimated taxes that the new apartment building would pay I contacted the Department of
Revenue. Based on my discussion with the department, the completed Depot Place apartment
building would pay an estimated yearly tax of $9,000, based on a 5 year average tax assessment,
if the property were not tax exempt.
SUMMARY
The average annual cost of services to the City that can be directly contributed to the Depot
Place apartment building is estimated at $ 23,908. Based on the City's current mill levy, the
estimated yearly tax on the proposed apartment building is $9,000. The Planning Department
considers the estimated yearly tax as the maximum amount of payment that should be assessed to
a particular property for services received. The analysis above indicates the average annual cost
of services would be higher than the estimated yearly amount in taxes paid by $14,908.
Although the cost to serve the new apartment building is expected to be higher than the taxes the
City would have received if the property were not tax exempt, the intent is to not overburden the
property owner with excess taxes based on anticipated services. Rather, the property owner is
required to pay their fair share as if they were a tax paying property, competing with other
apartment buildings in the City. Paying $9,000 annually to cover a portion of the cost of services
to the City, is a reasonable payment in lieu of taxes