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HomeMy WebLinkAboutTIF Minutes 2-17 Downtown Tax Increment Finance Board Meeting Minutes February 21, 2017 Attending: Bob Hietala, Vonda Laird, Cory Lawrence, Bobby Bear, Bill Stoddart, Chris Naumann Absent: None Public Comments: None Minutes ACTION: Bob Hietala moved to approve the January minutes as presented. Vonda Laird seconded the motion. All voted in favor. Financial Report The February finance report expenses included: Streetlamp reimbursement for Willson Residences of $23,975; Fiber infrastructure $3,356; $165 for streetlamp repair and maintenance. Chris said he would have updated income figures from the City for the March report. The board had no other questions regarding the finance report. Executive Director’s Report Technical Assistance Program Update—NO CHANGES Two grants have been awarded thus far for FY2017—shown at the bottom of the chart. The chart also lists uncompleted grants that were awarded in FY2016. Keep in mind that the committed grant amounts are only tentative since the actual reimbursement amount will be determined as a one to one match upon completion of the grant work. As a reminder, the Planning grants have a $7500 cap and the Façade grants are capped at $3000. Date Project Name Project Address Applicant Professional Type Value 8/21/2015 712 East Main 712-716 East Main BCHO Architects BCHO Architects Plan/Façade $10,500 12/28/2015 Rialto 10 West Main BARC Thinktank Planning $7,500 12/30/2015 Big Sky Western Bank 106 East Main Big Sky Western Sanderson Stewart Façade $3,000Total21,000$ Date Project Name Project Address Applicant Professional Type Value 10/31/2016 Owenhouse 2nd Floor 26 East Main Larry Bowman Yellowstone Arch Planning 7500 10/31/2016 Owenhouse 2nd Floor 26 East Main Larry Bowman Yellowstone Arch Façade 3000 Total 10,500$ FY17 Budget 50,000$ remaining 39,500$ Technical Assistance Program FY2016 Report Technical Assistance Program FY2017 Report Downtown Fiber Network Project Update—NO CHANGE The new fiber network engineer is KLJ and they are finalizing the next phase of conduit installation. I should have some maps and project cost estimate in February. TIF Legislation Update (See separate handout) On February 8th, I travelled to Helena and testified against House Bill 359 and HB 134. I will continue to follow and testify on several bills regarding various aspects of the Urban Renewal Law and Tax Increment Financing. There has been a significant amount of support for TIF’s and corresponding opposition to the various pieces of legislation. The Montana League of Towns and Cities has been organizing the efforts of over 20 TIF practitioners via weekly conference calls and concerted testimony. To this point these efforts have been successful in killing or revising TIF legislation in committee. Building Project Updates Lark Addition (corner of Grand and Main) 4 story building with 28 new Lark hotel rooms. Construction began in December 2016. 5 West Building (northwest corner of Mendenhall and Tracy) Construction began on October 2016. First floor businesses scheduled to open in April 2017 and the upper floors completed in June 2017. Etha Hotel (old Armory building) first phase of foundation work complete. No date for when construction will resume. Willson Residences (old East Willson School) being redeveloped into 18 residential units with underground parking. Partial completion scheduled for Summer 2016. Rialto Theater under construction to be completed by August 2017. Black & Olive Apartments formal site plan application was submitted in late September but a new design was submitted in January thus beginning the DRC/DRB process over. New Businesses Update • Union Market—39 North Rouse—old Service Electric space opening date unknown • Squire House—27 East Mendenhall—Element Hotel restaurant is under construction • Stuffed Waffles—26 West Main—(former Tonsorial Parlor) to open in April • F-11 space—16 East Main—vacant but under contract • Headroom space—12 East Main—vacant but under contract • Reflections space—240 East Main—vacant • Mountain Lodge space—14 West Main—vacant • Rockford space—411 East Main--vacant Planning Updates In this section I will provide update about several ongoing City planning processes. Transportation Master Plan www.bozemantmp.com Consultants: Peccia & Associates (Helena), Alta Planning (Bozeman) Timeline: September 2015 (kickoff) through September 2016 (adoption) Update: Draft plan now available and comments are due March 17, 2017. UDC Revisions http://bozeman.net/Projects/UDCCodeupdate/Home Consultants: Makers (Seattle), Leland Group (Portland), Studio Cascade (Spokane) Update: Draft to be released in April 2017 then public meetings and comment period in Summer 2017 City Vision & Strategic Plan Consultants: HDR Timeline: March 2016 (kickoff) through October 2016 Update: draft plan completed by April 1st 2017 Community Plan (City Growth Policy) Update Consultants: City release RFP for consultants January 2017 Timeline: October 2016 through late 2017 Discussion and Decision Items City UDC and Design Manual Updates Chris informed the board that the planning processes to update the Unified Development Code (UDC) and formulate the Bozeman Design Manual were progressing. He said that the proposed UDC revisions were lengthy and complicated; enough so that he requested the board’s support to hire Susan Riggs as a consultant. Riggs worked for the City Planning Department for 8 years and then Intrinsik for another 8 years as a land planner. Chris said her expertise in deciphering the UDC would be extremely valuable in deciding what input to provide on behalf of downtown. The board agreed that the UDC update could have significant impacts on downtown development and therefore outside consulting would be prudent. Soroptomist Park Update Chris reminded the board of all the problems last summer at Soroptomist Park with transients and illegal camping. He said that after several meetings with the Police and Parks departments that reconfiguring the landscaping along the Eagles building wall would deter most of the camping issues. Chris said that he has requested Greenspace Landscaping to prepare an estimate to remove the tall shrubs along the wall and replace them with perennials and grasses. He said he would bring the proposal back to the board in March. TIF Legislation Update Chris handed out a document highlighting a dozen pieces of legislation that would impact Montana’s urban renewal law and the use of tax increment financing. Chris reminded the board that he traveled to Helena twice this session to testify. He anticipates several more trips to Helena. Chris pointed out that the Montana League of Towns and Cities is facilitating a working group of about 20 TIF practioners from across the state. The group has a weekly conference call to discuss the content of these bills and how to effectively lobby with legislators. See legislation overview below. Meeting was adjourned at 1:00pm 2017 TIF Legislation Update (as of 21 February 2017) House Bill 30 Short Title: Remove voted levies approved after creation of TIF from tax increment provision Long Title: AN ACT AMENDING TAX INCREMENT PROVISIONS RELATED TO CERTAIN LOCAL MILL LEVIES; EXEMPTING LEVIES VOTED ON AFTER THE ADOPTION OF TAX INCREMENT FINANCING Sponsor: Jeff Essmann (R) Billings “(2) (a) The Except as provided in subsection (2)(b), the tax increment, if any, received in each year from the levy of the combined mill rates of all the affected taxing bodies against the incremental taxable value within the area or district, except for the university system mills levied and assessed against property, must be paid into a special fund held by the treasurer of the local government and used as provided in 7-15-4282 through 7-15-4294. (b) The combined mill rates used to calculate the tax increment may not include mill rates for: (i) the university system mills levied pursuant to 15-10-108 and 20-25-439; and (ii) a new mill levy approved by voters as provided in 15-10-425 after the adoption of a tax increment provision.” Analysis: This bill was also approved by RTIC (LC 414). This bill removes levies adopted after the TIF is created from the TIF calculation. The bill now has an immediate effective date. Question whether existing TIFs could add new levies to the calculation (i.e., does it just apply to TIFs created after effective date of bill). Fiscal analysis is still being done to determine the ramifications of this proposed provision. Safe to say exempting new mill levies during the life of any TIF district would reduce increment revenues. Update: Passed House Taxation 2/16/17 Grade: good BAD neither House Bill 76 Short Title: Amend laws related to remittance of tax increment Long Title: AN ACT REQUIRING REMITTANCES OF UNUSED TAX INCREMENT TO BE MADE PROPORTIONALLY TO ALL AFFECTED TAXING JURISDICTIONS Sponsor: Greg Hertz (R) Polson “A local government that enters into an agreement to remit unused tax increment shall remit to each taxing jurisdiction for which the mill rates are included in the calculation of the tax increment as provided in 7-15-4286. The remittance must be proportional to the taxing jurisdiction's share of the total mills levied.” Analysis: The bill is unchanged from what was proposed by RTIC (LC 412). It adds language to existing 7-15-4291 that restricts the agreement terms for remittance of unused portions of tax increments, requiring it to be with all taxing jurisdictions included in the calculation and proportional to each jurisdiction’s share of total mills levied. Update: Transmitted to Governor 2/13/17 Grade: good bad NEITHER House Bill 134 Short Title: Revise school funding related to facilities Long Title: AN ACT REVISING FUNDING RELATED TO STATE SUPPORT FOR SCHOOL FACILITIES; RENAMING THE SCHOOL FACILITY AND TECHNOLOGY ACCOUNT, CREATING A SCHOOL FACILITY MAJOR MAINTENANCE GRANT PROGRAM STATE SPECIAL REVENUE ACCOUNT, AND PROVIDING REVENUE FOR BOTH ACCOUNTS; ELIMINATING THE NATURAL RESOURCE DEVELOPMENT K-12 PAYMENT; REDIRECTING LOTTERY PROCEEDS; REQUIRING THAT ANY WORKERS' COMPENSATION DIVIDENDS REFUNDED TO A STATE AGENCY BE TRANSFERRED TO THE SCHOOL FACILITY MAJOR MAINTENANCE GRANT PROGRAM ACCOUNT; UTILIZING THE 95 MILLS LEVIED ON THE INCREMENTAL TAXABLE VALUE WITHIN AN URBAN RENEWAL AREA OR TARGETED ECONOMIC DEVELOPMENT DISTRICT FOR SCHOOL FACILITY MAJOR MAINTENANCE GRANTS Sponsor: Jeff Essmann (R) Billings (2) (a) The Except as provided in subsection (2)(b), the tax increment, if any, received in each year from the levy of the combined mill rates of all the affected taxing bodies against the incremental taxable value within the area or district, except for the university system mills levied pursuant to 15-10-108 and 20-25-439 and the public school equalization mills levied and assessed against property pursuant to 20-9-331, 20-9-333, and 20-9-360, must be paid into a special fund held by the treasurer of the local government and used as provided in 7-15-4282 through 7-15-4294. (b) If the tax increment is pledged to the payment of the principal of premiums and interest on the bonds referred to in 7-15-4289 before August 29, 2016, and the tax increment derived from the public school equalization mills or a portion of the mills is required to make those payments, the public school equalization mills or a portion of the mills must be included in the combined mill rate used to calculate the tax increment and paid into the fund provided for in subsection (2)(a) until the time when the tax increment derived from the public school equalization mills is not required to make the payment of the principal of premiums and interest on the bonds. Analysis: Every session GOP legislators have been targeting the school 95 mills dedicated to TIF districts. This attempt is packaged with a school facilities funding omnibus bill. The bill would be effective July 1, 2017, but allows 95 mills to be used in calculation is it was pledged to pay bonds on or before August 29, 2016. Across the state, the average loss in URD revenue if 95 mills are exempted from TIF increments would be 16.3%. Conversely, the average gain in school district revenue would be about 0.4%. Thus, if this bill is approved, for every $1 gained for the “School Facility Maintenance Grant” program $38 would be lost for TIF districts to reinvest. If you factor in the conservative estimate that every dollar invested by TIF districts yields a 6 to 1 return on investment, the opportunity cost loss would be at a ratio of 228 to 1. Update: Essman has verbally agreed to exclude the 95 school equalization mills thus leaving them eligible for tax increment funding. Grade: good BAD neither House Bill 396--reintroduced and revised version of HB250 Short Title: Revise laws related to tax increment financing Long Title: AN ACT REVISING LAWS RELATED TO TAX INCREMENT FINANCING; REQUIRING MUNICIPALITIES TO CONSULT WITH COUNTIES AND SCHOOL DISTRICTS CONSULTATION WITH AFFECTED LOCAL TAXING JURISDICTIONS WHEN ADOPTING TAX INCREMENT FINANCING PROVISIONS AS PART OF AN URBAN RENEWAL PLAN OR A TARGETED ECONOMIC DEVELOPMENT DISTRICT COMPREHENSIVE PLAN AND WHEN MODIFYING AN URBAN RENEWAL PLAN RELATED TO THE USE OF GENERAL OBLIGATION BONDS; Sponsor: Bruce Grubbs (R) Bozeman “7-15-4221. Modification of urban renewal project plan. (3) Any (a) Before modifying an urban renewal plan proposed for modification to provide tax increment financing for the district or to use bonds as provided in 7-15-4218, the municipality must SHALL provide notice to the county and the school district in which the urban renewal district is located and provide the county and the school district with the opportunity to meet and consult IN A PUBLIC MEETING WITH THE OPPORTUNITY FOR PUBLIC COMMENT regarding the effect on the county or school district. Analysis: Replacement bill for HB 250. MACO, MTSBA, and League drafted amendment language to HB 250 that would remove veto vote but require that city meet and confer with county and school district before creating plan with TIF, adding TIF to existing plan, or bonding. Update: Committee passed amendment written by League for Rep. Grubbs specifying that the consultation with county and school districts will be a public meeting with opportunity for public comment (same as SB 27 language); Committee passed second amendment. Passed House Taxation as amended. Transmitted to Senate 2/20/17 Grade: good bad neither House Bill 359 Short Title: Limit tax increment financing revenue to local mills Long Title: AN ACT LIMITING TAX INCREMENT FINANCING; PROVIDING THAT PROPERTY TAX REVENUE DISTRIBUTED TO AN URBAN RENEWAL AREA OR TARGETED ECONOMIC DEVELOPMENT DISTRICT IS LIMITED TO REVENUE RECEIVED FROM LEVIES IMPOSED UNDER THE AUTHORITY OF THE LOCAL GOVERNMENT THAT ESTABLISHED THE AREA OR DISTRICT; ESTABLISHING A STATE SPECIAL REVENUE ACCOUNT ADMINISTERED BY THE DEPARTMENT OF COMMERCE FOR LOANS TO LOCAL GOVERNMENTS THAT ARE UNABLE TO PAY PRINCIPAL AND INTEREST DUE ON OUTSTANDING BONDS; PROVIDING A STATUTORY APPROPRIATION FROM THE STATE SPECIAL REVENUE ACCOUNT; PROVIDING FOR REPAYMENT OF LOANS TO THE STATE IN FULL BY EXTENDING THE TERMINATION DATE OF CERTAIN TAX INCREMENT PROVISIONS; PROVIDING FOR A GENERAL FUND TRANSFER TO THE STATE SPECIAL REVENUE ACCOUNT; PROVIDING RULEMAKING AUTHORITY. Sponsor: Tom Burnett "7-15-4286. Procedure to determine and disburse tax increment -- mill rate limitation for local governments. (2) (a) The mill rates of a local government are limited to mills imposed under the authority of the local government that established the area or district, and do not include: (i) mills that are collected by a local government on behalf of a school district; (ii) mills for supporting elementary and high school district retirement obligations, pursuant to 20-9-501; (iii) public school equalization mills levied pursuant to 20-9-331, 20-9-333, and 20-9-360; (iv) university system mills; or (v) mills identified in 15-10-420(9)(a). Analysis: Only the local/City increment mills would be available as TIF funds. In the case of the Downtown TIF District for FY16 that would have meant total revenues before debt service of $560,000 then $425,000 of debt service would leave $135,000 of funding for all other TIF programs/projects. DOR will prepare fiscal note quantifying overall impact to TIF districts statewide; initial estimate will be a loss of about half of all TIF revenues; up to ¾ of revenues in individual TIF districts. Update: Tabled House Taxation 2/16 Grade: good BAD neither House Bill 403 Short Title: Revise TIF laws to require remittance if increment exceeds certain level Long Title: A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE REMITTANCE OF TAX INCREMENT THAT EXCEEDS A PORTION OF TOTAL TAXABLE VALUE IN A MUNICIPALITY; PROVIDING THAT TOTAL INCREMENTAL TAXABLE VALUE IN EXCESS OF 5% OF TOTAL TAXABLE VALUE MUST BE REMITTED TO AFFECTED TAXING JURISDICTIONS; PROVIDING AN EXCEPTION FOR TAX INCREMENT PLEDGED TO BONDS; Sponsor: Adam Hertz Analysis: Revise TIF laws to require remittance if increment exceeds certain level. HB 403 would require remittance of all incremental taxable value of one or more urban renewal districts in excess of 5% of the municipality’s total taxable value, except to the extent such revenues are pledged for the payment of bonds before the effective date of the act (immediate effective date). The bill also incorporates the same language in HB 76 and if transmitted would likely get a coordination provision making HB 76 null and void. Sponsor has admitted he “made up” the 5% threshold. Grade: good BAD neither House Bill 413 Short Title: Revise laws related to use of tax increment financing Long Title: AN ACT REVISING LAWS RELATED TO USE OF TAX INCREMENT FINANCING; SUBJECTING TAX INCREMENT PROVIDED TO BUILDING OWNERS TO RECAPTURE IF A BUILDING IS TRANSFERRED WITHIN A CERTAIN TIME PERIOD; PROVIDING PROPERTY TAXPAYERS WITH THE RIGHT TO APPEAL DECISIONS OF A LOCAL GOVERNING BODY Sponsor: Jeff Essman Analysis: Two main provisions: (1) The bill provides for a recapture provision if building improvements are made with TIF funds. If controlling stock or other equity interest in the building is sold, leased, or transferred within 5 years of the TIF funded improvements, 100% of the funds must be paid back; 80% if within 6 years; decreasing by 20% each year thereafter. No recapture after 10 years; no recapture if ownership conveyed to a governmental entity. (2) The bill provides for a direct court review of any decision made under Title 7, Chapter 15, Parts 42 or 43 by any taxpayer or taxing jurisdiction. The bill has an immediate effective date, and applies to improvements funded on or after effective date of bill; liability provisions apply to decisions on or after the effective date of the bill. Grade: good BAD neither Senate Bill 27 Short Title: Amend TIF laws related to public hearings and reporting Long Title: AN ACT REVISING TAX INCREMENT FINANCING LAWS; REQUIRING A PUBLIC HEARING BEFORE TAX INCREMENT MAY BE EXPENDED MEETING WITH OPPORTUNITY FOR PUBLIC COMMENT FOR URBAN RENEWAL AGENCIES; REQUIRING LOCAL GOVERNMENT ANNUAL FINANCIAL REPORTS TO INCLUDE INFORMATION ON THE FINANCIAL ACTIVITIES OF DISTRICTS USING TAX INCREMENT FINANCING; REQUIRING A LOCAL GOVERNMENT THAT APPROVES TAX INCREMENT FINANCING TO PREPARE AN AN URBAN RENEWAL AGENCY TO INCLUDE CERTAIN ADDITIONAL INFORMATION IN ITS ANNUAL REPORT; Sponsor: Fred Thomas (R) Stevensville “Meetings of the board of commissioners must be publicly noticed as provided in 7-1-4127 and must provide the opportunity for public comment on matters before the board OPEN TO THE PUBLIC WITH THE OPPORTUNITY FOR PUBLIC COMMENT." "7-15-4237. Annual report. (2) The report must include a complete financial statement setting forth its assets, liabilities, income, and operating expenses and the amount of the tax increment as of the end of the fiscal year. The report must describe the public purpose of expenditures of tax increment IN THE PRECEDING FISCAL YEAR and must demonstrate how the expenditures will increase the tax base of the district COMPLY WITH THE APPROVED URBAN RENEWAL PLAN OR COMPREHENSIVE DEVELOPMENT PLAN FOR THE DISTRICT. Analysis: Sen. Thomas agreed to amend the bill to include the revisions crafted by our TIF working group as reflected above. As amended, requires the local government’s annual financial report under 2-7-503 to include a report of the financial activities related to TIF; requires public meeting and opportunity for comment on all matters before the urban renewal agency board; requires the TIF annual report under 7-15-4237 to “describe the public purpose of expenditures of tax increment and how the expenditures meet the goals of the urban renewal plan Update: Transmitted to House 2/1/17 Grade: good bad NEITHER Senate Bill 34—referred back to Committee—Hoven will table the bill Short Title: Amend laws related to an urban renewal agency board of commissioners Long Title: AN ACT REVISING LAWS RELATED TO AN URBAN RENEWAL AGENCY BOARD OF COMMISSIONERS; REQUIRING A BOARD OF COMMISSIONERS TO INCLUDE A REPRESENTATIVE OF THE SCHOOL DISTRICT AND A REPRESENTATIVE OF THE COUNTY Sponsor: Brian Hoven (R) Great Falls 7-15-4234. Urban renewal agency to be administered by appointed board of commissioners. (1) If the urban renewal agency is authorized to transact business and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners. (6) (a) The board of commissioners must include: (i) one commissioner who represents a school district included in the boundaries of the local governing body; and (ii) one commissioner who represents the county that includes the local governing body. The commissioner representing the county is not required to reside within the municipality. Analysis: This bill would require a representative of a school district within the municipality and a representative who lives in the county to be appointed by the mayor to the urban renewal agency board. The mayor must appoint these two new members from a list of three people each submitted by the school board and by the county commission. Grade: good BAD neither Update: The sponsor, Senator Hoven, has indicated he will table his bill MONITORING HB 411 (Hertz) – TABLED House Taxation 2/16 Would prohibit TIF funds for paying for facade improvements to privately owned buildings. Bill has immediate effective date. LC1622 (Hertz) – Generally revise tax increment financing laws Draft on Hold 12/5 LC2420 (Skees) - Allow cities with BID/TIF districts to issue ordinances to license alcohol sales Draft in Edit 2/13 LC2532 (Hertz) – Generally revise local government laws on urban renewal Draft on Hold 1/17