Loading...
HomeMy WebLinkAbout03-04-19 City Commission Packet Materials - C11. Res. 4992, Intent to Designate Aspen Crossing URD ProjectCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Urban Renewal Program Manager SUBJECT: Resolution Number 4992: 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: March 4, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the Mayor to sign Resolution Number 4992. 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. Aspen Land, LLC (the “Applicant”) submitted an application for assistance through this program to support Aspen Crossing at Midtown, a three-story, mixed-use building proposed for the northwest corner of Aspen St. and N. 5th Ave. The 65,000 square foot project includes ground floor restaurant/commercial space, second floor office space, and 25 residential units on the upper level. 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 structures, and impact fees. A Public Hearing on a Resolution designating the proposed project as an Urban Renewal Project and approving the negotiated development agreement is proposed for March 25, 2019. Based on information from the Developer, the Project includes removal and/or demolition of the Sunset Mobile Home Park, which will have the effect of displacing approximately 21 households. The Developer is working with Human Resource Development Council of District IX, Inc., of Bozeman, Montana (“HRDC”), a local nonprofit that specializes in housing, on developing an agreement to establish a workable and feasible plan for relocating households that would be displaced by the Project. Under the Relocation Agreement being negotiated, HRDC would provide housing navigation services to the 177 households being displaced and the Developer will provide funds to be administered by the HRDC that will be made available, subject to appropriate conditions, to assist the affected households in locating adequate replacement housing. The Relocation Agreement is expected to be available for review by the Commissioners prior to the date of the proposed March 25, 2019 public hearing. As a potential urban renewal project, tax increment funds from the Midtown Urban Renewal District are available to assist with relocation of persons displaced by the project. It is expected that, if the Developer completes the Project in accordance with the terms and conditions of a development agreement to be entered into between the Developer and the City, the City will reimburse the Developer, from tax increment revenues or proceeds of tax increment bonds, the dollar amount provided by the Developer to the HRDC under the Relocation Agreement to facilitate the transition to replacement housing. Following the March 25, 2019 public hearing, the City Commission wound be in the position to make findings concerning whether a workable and feasible plan exists for relocating households that would be displaced by the Project. FISCAL EFFECTS: This Resolution of Intent has no fiscal effects. ATTACHMENTS: • Resolution Number 4992 • Certificate as to Resolution and Adopting Vote LINKS: • Bozeman Midtown Urban Renewal Board, “Aspen Crossing”, Staff Report, Application, and Packet Material, December 6, 2018 178 Page 1 of 7 RESOLUTION NO. 4992 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 ASPEN CROSSING 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 179 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing Page 2 of 7 (the “District”) as an urban renewal district and approved the Bozeman Midtown Urban Renewal 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. Aspen Land Co., L.L.C., a Montana limited liability company (the “Developer”), proposes to undertake the construction of Aspen Crossing (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 utility connections, demolition of the existing structures, and impact fees, as well as costs related to the relocation of households displaced by the project. (the “Eligible Costs”). On December 6, 2018, the Board granted preliminary approval to the use of tax increment assistance to pay Eligible Costs. 180 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing Page 3 of 7 The Project, including the Eligible Costs, is within the scope of the Plan. The Board has, 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. 3.01. The Commission hereby finds, as a preliminary matter, with respect to the Project, including the Eligible Costs, as follows: a. the Plan and the Project conform to the comprehensive plan or parts thereof for the City as a whole; b. 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; c. 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 d. the Project, pending the finding described in Section 3.02 below, constitutes an urban renewal project within the meaning of the Act and the Plan. 3.02. Based on information from the Developer, the Project includes removal and/or demolition of the Sunset Mobile Home Park, which will have the effect of displacing approximately 21 households. The Developer is working with Human Resource Development Council of District IX, Inc., of Bozeman, Montana (“HRDC”), a local nonprofit that specializes in housing, on developing an agreement (the “Relocation Agreement”) to establish a workable and feasible plan for relocating households that would be displaced by the Project. Under the 181 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing Page 4 of 7 Relocation Agreement, HRDC will provide housing navigation services to the households being displaced and the Developer will provide funds to be administered by the HRDC that will be made available, subject to appropriate conditions, to assist the affected households in locating adequate replacement housing. The Relocation Agreement is expected to be available for review by the Commissioners prior to the date of the public hearing noted in Section 4 below. It is expected that, if the Developer completes the Project in accordance with the terms and conditions of a development agreement to be entered into between the Developer and the City, the City will reimburse the Developer, from tax increment revenues or proceeds of tax increment bonds, the dollar amount provided by the Developer to the HRDC under the Relocation Agreement to facilitate the transition to replacement housing. Section 4 Public Hearing. A public hearing is hereby called and shall be held on March 25, 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. Section 5 Notice. Notice of the public hearing shall be published in the Bozeman Daily Chronicle on March 10, 2019 and March 17, 2019, in substantially the form attached as Exhibit A hereto (which is incorporated by reference and made a part hereof). 182 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing 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 4th day of March, 2019. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 183 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing 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, KNOWN AS ASPEN CROSSING NOTICE IS HEREBY GIVEN that the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) will hold a public hearing on March 25, 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: Aspen Crossing at Midtown (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 this 6th day of March, 2019 _________________________________________ Robin Crough City Clerk Legal Ad Publication Dates: Sunday, March 10, 2019 Sunday, March 17, 2019 184 Resolution 4992, Calling a Public Hearing on Approving a Project in the Midtown Urban Renewal District – Aspen Crossing 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. 4992, 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 ASPEN CROSSING.” (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 March 4, 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 5th day of March, 2019. ___________________________________ ROBIN CROUGH City Clerk 185