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HomeMy WebLinkAbout01-07-19 City Commission Packet Materials - C14. Res 4990, Intent to Designate the Ruh Buidling as an Urban Renewal ProjectCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Urban Renewal Program Manager SUBJECT: Resolution Number 4990: Resolution Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and Using Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse, or Finance Eligible Costs of Such a Project MEETING DATE: January 7, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign Resolution Number 4990. BACKGROUND: The City Commission created the Midtown Tax Increment Financing (TIF) Assistance Program on January 23, 2017 pursuant to Resolution Number 4770. The program encourages investment and the development and redevelopment of commercial and mixed-use property within the Midtown Urban Renewal District using targeted incentives. Life Style Real Estate Solutions, LLC (the “Applicant”) submitted an application for assistance through this program to support The Ruh Building, a three-story, mixed-use building proposed for the northwest corner of Durston Rd. and N. 7th Ave. The project includes ground floor commercial space and 16 residences on the upper levels. At the direction of the Midtown Urban Renewal Board, staff is negotiating a development agreement which will include mitigation of the costs for public infrastructure, public utility connections, demolition of the existing structure, impact fees, cash-in-lieu of water rights, and cash-in-lieu of parkland. A Public Hearing on a Resolution designating the proposed project as an Urban Renewal Project and approving the negotiated development agreement is proposed for February 11, 2019. FISCAL EFFECTS: This Resolution of Intent has no fiscal effects. ATTACHMENTS: 136 • Resolution Number 4990 • Certificate as to Resolution and Adopting Vote LINKS: • Bozeman Midtown Urban Renewal Board, “The Ruh Building”, Staff Report, Application, and Packet Material, December 6, 2018 137 Page 1 of 7 RESOLUTION NO. 4990 RESOLUTION CALLING A PUBLIC HEARING ON APPROVING A PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE COSTS OF SUCH PROJECT, KNOWN AS THE RUH BUILDING BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Recitals. 1.01. Under the provisions of Montana Code Annotated, Title 7, Chapter 15, Parts 42 and 43 (the “Act”), the City is authorized to create an urban renewal area, prepare and adopt a redevelopment plan therefor and amendments thereto, undertake urban renewal projects therein, provide for the segregation and collection of tax increment with respect to taxes collected in such area, issue its bonds to pay the costs of such projects and to refund bonds previously issued under the Act and pledge to the repayment of the bonds the tax increment and other revenues derived from projects undertaken within the urban renewal area. 1.02. Pursuant to the Act and Ordinance No. 1685, adopted on November 27, 2006, as amended by Ordinance No. 1925, adopted by the Commission on December 16, 2015 (collectively, the “Ordinance”), the City created the Bozeman Midtown Urban Renewal District (the “District”) as an urban renewal district and approved the Bozeman Midtown Urban Renewal 138 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 2 of 7 District Plan (the “Plan”) as an urban renewal plan, which Plan contains a tax increment financing provision in accordance with the Act. 1.03. Pursuant to the Plan, tax increment financing is to be used to further the implementation goals in the Plan, which include encouraging investment in development and redevelopment of commercial and mixed use property within the District in accordance with the provisions of the Act. 1.04. In addition, the Plan created the Midtown Urban Renewal Board (the “Board”) to exercise the powers of an urban renewal agency under the Act with respect to the District and to implement the Plan. Among other things, the Board is required to prepare an annual work program and budget for projects in the District, which program and budget are subject to review and approval by the Commission. 1.05. Pursuant to Resolution No. 4770, adopted by the Commission on January 23, 2017, the City approved a program to encourage investment the development and redevelopment of commercial and mixed use property within the District (the “Midtown TIF Assistance Program”), and delegated authority to the Board to administer the Midtown TIF Assistance Program. Section 2 The Project. Life Style Solutions Real Estate, LLC (the “Developer”) proposes to undertake the construction of The Ruh Building (the “Project”) on land located in the District. The Developer has submitted an application through the Midtown TIF Assistance Program, requesting tax increment assistance with respect to certain eligible costs of the Project, including public infrastructure, public infrastructure engineering, demolition of structures, public utility service, impact fees, cash-in-lieu of park land, cash-in-lieu of water rights, and impact fees (the “Eligible Costs”). On January 3, 2019, the Board adopted a resolution granting preliminary approval to the use of tax increment assistance to pay Eligible Costs. The Project, including the Eligible Costs, is contemplated by and within the scope of the Plan, and the Eligible Costs are eligible for tax increment financing under the Act. The Board 139 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 3 of 7 has, by its Resolution No. 2019-01, requested that the Commission approve the Project as an urban renewal project under the Act and approve using tax increment revenues or issuing tax increment revenue bonds payable from tax increment revenues of the District, as the bonding capacity of the District allows, to pay, reimburse or finance all or a portion of the Eligible Costs. Section 3 Preliminary Findings. The Commission hereby finds, as a preliminary matter, with respect to the Project, including the Eligible Costs, as follows: a. no persons will be displaced from their housing by the Project; b. the Plan and the Project conform to the comprehensive plan or parts thereof for the City as a whole; c. the Plan and the Project will afford maximum opportunity, consistent with the needs of the City as a whole, for the rehabilitation or redevelopment of the District by private enterprise; d. taking into account the use of tax increment revenues or the proceeds of tax increment revenue bonds to pay or reimburse the Developer for all or a portion of the Eligible Costs, there is expected to be a sound and adequate financial program for the financing of the Project; and e. the Project constitutes an urban renewal project within the meaning of the Act and the Plan. Section 4 Public Hearing. A public hearing is hereby called and shall be held on February 11, 2019 at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on the approval of the Project as an urban renewal project under the Plan and the proposed use of tax increment revenues or the proceeds of tax increment bonds to pay, reimburse or finance all or a portion of the Eligible Costs. 140 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 4 of 7 Section 5 Notice. Notice of the public hearing shall be published in the Bozeman Daily Chronicle on January 13, 2019 and January 20, 2019, in substantially the form attached as Exhibit A hereto (which is incorporated by reference and made a part hereof). 141 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 5 of 7 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of January, 2019. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 142 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 6 of 7 EXHIBIT A NOTICE OF PUBLIC HEARING ON APPROVING A PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE COSTS OF SUCH PROJECT NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) will hold a public hearing on February 11, 2019, at 6:00 p.m. in the City Commission Room at City Hall, 121 N. Rouse Avenue, Bozeman, Montana on the approval of the following project in the Bozeman Midtown Urban Renewal District as an urban renewal project under state law and the Bozeman Midtown Urban Renewal District Plan: The Ruh Building (collectively, the “Project”). It is proposed that the City pay or reimburse the developer of the Project for certain eligible costs of the Project, either from tax increment revenues or the proceeds of tax increment revenue bonds. Any interested persons may appear and will be heard or may file written comments with the City Clerk prior to such hearing. Dated: January 9, 2019 _________________________________________ Robin Crough City Clerk Legal Ad Publication Dates: Sunday, January 13, 2019 Sunday, January 20, 2019 143 Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown Urban Renewal District Page 7 of 7 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 4990, entitled: “RESOLUTION CALLING A PUBLIC HEARING ON APPROVING A PROJECT IN THE BOZEMAN MIDTOWN URBAN RENEWAL DISTRICT AS AN URBAN RENEWAL PROJECT AND USING TAX INCREMENT REVENUES OR TAX INCREMENT REVENUE BONDS TO PAY, REIMBURSE OR FINANCE ELIGIBLE COSTS OF SUCH PROJECT, KNOWN AS THE RUH BUILDING” (the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on January 7, 2019, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _____________________________________________; voted against the same: _______ ; abstained from voting thereon: ____________ ; or were absent: ___________ . WITNESS my hand officially this 8th day of January, 2019. ___________________________________ ROBIN CROUGH City Clerk 144