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09-29-10 Urban Renewal Agency Minutes0 16WA111 MI&SM 014 L FOR BUSINESS. FOR LIFE. MNA City of Kalispell • www.kalispell.com AGENDA FOR 09/29/10 URA MEETING 1.) CALL TO ORDER: 2.) AGENDA: 3.) PUBLIC COMMENT: 4.) OLD BUSINESS: 201 1st Avenue East Kalispell, MT 59901 Phone: 406.758.7738 Fax: 406.758.7758 • Glacier Investment Properties claim for Old School Station TIF funds. Memo from City Attorney. • Tabled item: Avail-TVN request for funding from South Kalispell TIF. • South Kalispell TIF: Follow-up to determine if the TIF can be prepaid, and if so can the TIF mature early. • Old School Station: joint meeting with the City Manager, the lending institution that is financing the project and the principle owners of the project. 5.) NEW BUSINESS: • Gateway Community Center request from the Westside TIF. 6.) ADJOURN MEETING: 1 201 1st Avenue East on' nN T ,T Kalispell, MT 59901 ■ir Phone:406.758.7738 FOR BUSINESS. FOR LIFE. MONTAMi "'q Fax: 406.758.7758 City of Kalispell - www.kalispell.com SUMMARY OF ACTIVITIES OF 09/15/10 URA MEETING MEMBERS IN ATTENDANCE: Marc Rold - Chairman Tom Lund — Vice Chairman Richard Kuhl Shannon Nalty Suzanne Faubert OTHERS IN ATTENDANCE: City of Kalispell RLF Manager; Wade Elder MEMBERS ABSENT: None Members had been E-Mailed an agenda and minutes of the 08/25/10 meeting prior to the meeting. The URA met on September 15, 2010 at 4pm. Chairman. Rold called the meeting to order. Reviewed the prior meetings "Summary of Activities" that was E-Mailed to members. There was a comment from Chairman Rold to delete the number "67" from the Public Comment section. Wade indicated this would be done. Public Comment: Old Business: Glacier Investment Properties claim for Old School Station TIF Funds. The committee made 2 conclusions 1.) The request does not meet current funding request requirements. 2.) Regarding the prior claim of 2008 the committee does not take any position on this. There has been previous activity on this request with no other supporting documentation. It was recommended that it be remanded to the City Attorney. New Business: 1.) South Kalispell TIF Discussion. Reviewed the financials & other documents of the South Kalispell TIF. The Committee had a question that requires research from Wade: Can the bond be prepaid, and if so what happens to the maturity date? 2.) Discussion on Enterprise Funds VS. TIF Funds. Had discussion regarding the separation of enterprise funds and TIF funds. 3.) $21,050.66 request of South Kalispell TIF funds from Avail-TVN. Item was tabled to allow the Committee to do some further investigation. Wade is to talk with the City Airport Manager and ask if satellite dishes will cause interference with the airport. Wade is to get back to Mike Kazmier of Avail-TVN to tell him the committee is still working on this and will review at the 09/29/10 meeting. 4.) Discussion on Old School Station (OSS) TIF: Discussed the recent conversations the City has had with the lending institution that is financing this project as well as the conversations the City has had with the owners of the project. Committee was given a copy of the letter from Builder Boyd in which they have indicated an interest in purchasing the tax deed to 4 lots in the OSS project. Committee requested a 3-way meeting with the City, the bank that is financing this project & the owners to keep all parties apprised of ongoing activities. End of Summary of Activities of 09/15/10. City of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 Date: September 20, 2010 To: Kalispell Urban Redevelopment Agency cc: Wade Elder, Jane Howington Tel 406.758.7709 Fax 406.758.7979 charball@kalispell.com From: Charles A. Harball, Kalispell City Attorney Subject: Request for Consideration by Glacier Investment Properties Wade Elder asked that I provide a response to you to the August 23, 2010 letter from Glacier Investment Properties requesting TIF consideration for its investment in the Old School Station Technology tax increment district. I have been aware of this general request and may be able to provide some helpful contribution to the discussion. As you are aware, Glacier Investment Properties constructed the building housing the Morrison Mairle offices within the Old School Station Technology tax increment district. Morrison Mairle was, in fact, the engineering firm that was employed by the developer in the engineering of the Old School Station development. Sometime after the completion of the Glacier Investment Properties building, principals of that entity approached the City Manager requesting some TIF consideration for their project. It has been asserted that assurances were provided to them by the previous City Manager that such funds would be made available. I have requested anything that might be in writing that would memorialize the assurances that were made. Apparently such documentation does not exist and no other staff member at the City has knowledge of any such assurances. Ideally, any agreement regarding TIF consideration by the City would be signed, sealed and delivered before any investment is made within a TIF district. Certainly, that has been the policy of the City in the past and I am unaware of any previous instances in which the City gave consideration after the fact. The incentive of the City to provide TIF consideration is to provide the incentive to an investor to invest in a way that meets the goals and objectives of a TIF district. Obviously, in this case, the investment has already been made whether or not it meets any of the TIF district objectives. Memorandum Re: Glacier Investment Property Request for TIF consideration September 20, 2010 Page - 2 Having said that, there may be other issues regarding this request into which the URA may wish to inquire. The question might be asked if this particular project has, or may in the future, act as a significant attractant to other developments within the TIF district that meet the goals and objectives of the district. Are there ways in which the City may wish to work with this applicant in the future in developing this TIF district that will work to the benefit of both the applicant and meet the goals of the TIF District? Even though looking back at what may have been may not be productive, perhaps the applicant may be interested in looking forward. Office of City Attorney City of Kalispell KIrkALISI'EL FOR BUSINESS. FOR LIFE. MO.NT" Memo TO: Urban Renewal Agency (URA) FROM: Wade Elder, Revolving Loan Fund Manager SUBJECT: Avail-TVN TIF Request. MEETING DATE: September 29, 2010 — Regular URA Meeting. BACKGROUND: At the 09/15/10 URA meeting we went through a TIF request from Avail-TVN for $21,050.66. It was discussed that further investigation was requested covering the following areas. 1.) To see if Avail is planning on putting up satellite dishes and if they are allowable in the airport restricted zone. I E-Mailed Fred and he has indicated they are not a problem for receiving signals but there may be an issue with height restrictions if they were put on top of the building. Mike has verbally indicated they will not be put on the building but put on the ground. (Fred's E-Mail attached) 2.) 1 have been in contact with Debbie Dillon also at CenturyLink and talked with her about the proposed project. I asked her a couple of questions. • Why Centruryl-ink would not pay the bill for this since they are getting the increased business from Avail. Debbie's response was it is only speculated to be increased business and they have not seen it yet. CenturyLink also does not expect in the near future any other customers in the area that needing a fiber hook-up. • 1 asked her if she would consider refunding any or all of the cost of running the fiber if Avail's business picks up as expected. Debbie said she would check into this and would try to have an answer for me on Monday 09/27/10. Page 1 of 1 Wade Elder From: Fred Leistiko Sent: Wednesday, September 22, 2010 11:19 AM To: Wade Elder Subject: RE: Avail-TVN TV Dishes. Wade: The receiver/transmitters are not a problem. Any height addition above the current building height could be a problem and must be looked at. Fred A. Leistiko Airport Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 406-250-3065 From: Wade Elder Sent: Tuesday, September 21, 2010 2:58 PM To: Fred Leistiko Subject: Avail-TVN TV Dishes. Fred; Stop by my desk or give me a call regarding Avail-TVN. They are looking to move into the old furniture store located at 2240 US Highway 93 South & putting about 5 TV receiving dishes in. My question is if they cause any problems for the airport. My conversation with Mike Kazmier today indicates they are receiving only & do not send any signals. Thanks Wade 00 1111b Jimr. FOR BUSINESS. FOR MUM Wade E. Elder City of Kalispell/ Revolving Loan Fund Program Manager 201 1st Avenue East Kalispell, MT 59901 Office: 406-758-7738 Fax:406-758-7758 welder@kalispell. com The information contained in this document and attachments is confidential and intended only for the person(s) named above. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or any other use of the information is strictly prohibited. If you have received this document in error, please notify the sender immediately and destroy this document and attachments without making any copy or reproduction of any kind. ALISPEL FOR BUSINESS. FOR LIFE. MONTANA Memo TO: Z:ade ban Renewal Agency (URA) FROM: Elder, Revolving Loan Fund Manager SUBJECT: South Kalispell TIF Prepayment. MEETING DATE: September 29, 2010 — Regular URA Meeting. BACKGROUND: As requested in the 09/15/10 URA meeting I have done research to see if the South Kalispell TIF bonds can be prepaid and what impact that would have on the maturity date of the TIF. The original TIF was created on 04/17/1997 by Ordinance No. 1260 and is in effect for 15 years. The City Council passed Resolution No. 5051 on 09/06/05 in which they ratified the sale of Series 2005A and Series 2005E Tax Increment Urban Renewal Revenue Bonds. • The Series 2005A Bonds totaled $1,445,000.00. The maturity date of the final bond is 07/01/20. The Bonds Stated Maturities in 2013 and later years are subject to redemption in whole or in part on 01/01/13. • The Series 2005B Bonds totaled $555,000.00. The maturity date of the final bond is 07/01/10. The Bonds are not subject to redemption prior to their stated maturities. 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FOR LIFE. MONIANA Memo TO: Urban Renewal Agency (URA) FROM: Wade Elder, Revolving Loan Fund Manager SUBJECT: Gateway Community Center TIF Request. MEETING DATE: September 29, 2010 — Regular URA Meeting. BACKGROUND: The Gateway Community Center (GCC) has requested funding from the West Side TIF. They are requesting $322,093 in Request #1 and $273,765 in Request #2 for a total of $595,858. The West Side TIF was established through Ordinance No. 1259 with an effective date of 04/17/1997. It was created to assist, if necessary, in the redevelopment of the Gateway West Mall and the former Crop Hail Building and to assist in the reconstruction of Meridian Road and associated projects such as providing storm drains in the area. It is scheduled to sunset on 04/17/2012. (A copy of Ordinance No. 1259 is in the URA binder.) The Tax Increment Urban Renewal Bonds for the West Side TIF were paid off on 06/30/2010. There is presently $1,916,182 in the Westside TIF account with $125,000 in the budget for construction expenses this year. On 10/14/2004 Resolution No. 4942 was passed giving guidance for all TIF Districts. This Resolution covers a large amount of detail and reading is necessary (a copy of the resolution & policy is included with this presentation). The policy indicates that publicly owned utility improvements are to be given priority in funding vs. a request for on -site utility improvements assistance in the form of a low interest loan. It indicates TIF funds may be utilized for a number of public improvements, costs and public infrastructure. It grants authority to assist developers in implementation of redevelopment projects and funding may be made available for low -interest loans for on -site work covering; Landscaping; Site Lighting; On -site utility work & utility taps; Parking, paving & striping; Direct assistance in the rehabilitation retention or development of affordable housing for low and very -low income residents. The funds loaned have a 10% limit of the total project cost. Generally funding is provided for exterior improvements for either the loan program or the Cities contributions. On 02/04/2008 Resolution No. 5262 (a copy of the resolution & guidelines is included in this packet) was passed, which established guidelines for financial incentives to create new jobs and increase the tax base. This Resolution calls for the creation of at least 10 net full-time jobs and provide health care benefits to employees and pay at least the average wage of $30,004 ($14.43 / hour) or the average wage for Flathead County, which of the last report dated 10/01/09 was $32,136 / annum ($15.45 / hour). GCC is requesting funding in Request # 1 of $322,093 broken out as follows: $ 35,000 Phone / Security System $228,685 Carpeting $ 30,000 Electrical Upgrade $ 4,140 Toilet Replacement $ 8,930 Window Replacement Page 1 of 2 $ 15,338 Contingency $322,093 TOTAL Request # 1 Request # 2 is as follows: $260,729 Meals on Wheels Kitchen $ 13,036 Contingency $273, 765 TOTAL Request # 2 The improvements being done are for generally interior enhancements to the property. In GCC's application they indicate there will be 31 Full Time Equivalent (FTE) new jobs created at the various agencies that will be housed at the GCC. Please see the GCC application page 6 for a break -down of the jobs created. It is the intent of the Gateway Community Center to eventually purchase the facility and when that is completed to propose a payment in lieu of taxes for a period of 5 years and then apply for a non-profit tax exemption status. The total tax bill for 2009 on this property was $145,461 with all taxes being current. Page 2 of 2