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TIF #2 Board of Directors Minutes - 11/17/2010O REINVESTMENT ZONE #2 TAX INCREMENT FINANCING BOARD MINUTES November 17, 2010 Members: Ben Filer, Chairman • Ann Bishop • Jerry Taylor • Michael Smith, Council liaison • Staff: Leo Bethge, Planner II • Karen Gagne, Interim Planning Supervisor • Kevin Hugman, Assistant City Manager • Davis Powell, City Engineer • Others In Attendance: Charlie Berry, applicant • Andy Lee, developer, Quail Creek Crossing • Martin Litteken, President, Cornerstone Engineering • Joe Nield, applicant • 1. Call to order & Introductions Chairperson Filer called the meeting to order at 3:04 p.m. and asked Board members to introduce themselves. 2. Approval of Minutes Chairperson Filer called for a motion to approve the minutes from the January 5, 2009 meeting; Ms. Bishop motioned to approve the January 5, 2009 TIF#2 Meeting minutes, motion seconded by Chairperson Filer. The minutes were unanimously approved. 3. Staff Update — City Council Action Regarding TIF#2 Board Composition Ms. Gagne outlined WFISD's initial involvement in the development of the TIF#2 District. She stated during the preparation of the TIF#2 Project Plan, WFISD officials discovered their funding allocations would be negatively impacted as a participant. A WFISD Board member was originally appointed but the term expired and the WFISD Board did not appoint anyone. Staff contacted WFISD Superintendent's office and they confirmed no future interest with participation in the TIF#2 District - the Board position for a WFISD representative could be removed. City Council reviewedlapproved staffs recommendation on November 10tI" to revise the TIF#2 Board based on reassigning the former WFISD position. Ms. Gagne stated the Board TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 1 composition for TIF#2 will include three City and two Wichita County appointments. Within the next few weeks the County will appoint a person to fill this open position. Staff inquired if there were any other updates to the roster. Ms. Bishop requested an update for her e-mail address, to: abishop@wf.net. 4. Status Report — Staff Update Financial Structure & Plan Projects Ms. Gagne discussed the project priorities with the Board based on the TIF#2 Zone Boundary Map, financial spreadsheets and memo outlining staff's recommendations. She stated after four years the TIF area has generated a total of $749,000 in revenue, as collected from City and County sources. At this point, the zone is beginning to generate more annually than the debt service payments of $231,000; though, as she explained, the Fund is still in a deficit mode, owing 4B $176,591. In 2006 the City tied various infrastructure projects together and obtained a 20-year $16.9 million bond to move projects forward. She further explained that as a result, the TIF Fund is responsible for 18% of that debt service, plus interest, for a total repayment amount of $4.6 million over the 20-year life span of the TIF Zone which ends July 2025. Ms. Gagne explained, per Table #3 of the handout, the intent of this TIF Zone is to reimburse the 4B Fund as increments are generated. Those previously committed funds are debt service to the City's 4B Fund for the life of the TIF, in order to cover the initial $3.4 million in construction costs borrowed to up front the infrastructure associated with developing Maplewood extension (Phase I and ll) along with Quail Creek drainage improvements. Based on an estimated 5% annual increase present trends suggest this TIF Zone will create enough revenue ($94,000 by 2015 and $2.4 million by 2025) to create a fund balance above the annual debt service payment. Chairperson Filer reiterated that no additional funds are available until 2015, until the City "digs out" first. 5. Consider Action to Amend TIF ##2 Plan Project Priorities Ms. Gagne and City Staff discussed the priorities of the plan with the TIF Board, based on referencing the TIF Map to review other City project plans, and staffs memo. The remaining public projects noted in the original plan include: Lawrence realignment at Rhea Road, Maplewood (Phase lll) from Lawrence to MCNiel (to include McGrath/Quail Creek drainage improvements), Wenonah from Maplewood to Kell Frwy., and additional McGrath/Quail Creek improvements outside the TIF #2 area -- from Kemp to Midwestern. Chairperson Filer reiterated "this is the plan," as opposed to TIF #1 where the intent was focused on development and downtown growth, as compared to TIF #2 which focuses on public infrastructure. Councilor Smith added that flooding on Arizona Avenue, directly south of Maplewood, has stopped due to McGrath/Quail Creek drainage improvements. Chairperson Filer discussed the future construction of Wenonah Boulevard. He stated this would pull traffic from Lawrence Road. Ms. Gagne stated the plan for Wenonah is to serve as a north --south reliever, to connect Gregory and Tarry Streets, and to divert delivery truck traffic away from Lawrence Road. OMr. Lee added to the discussion of economic development. He recommended the future development of Wenonah to help pull traffic away from Lawrence Road and to TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 2 help businesses located on the eastern side of the street, such as Falls Distributing --. and now the future Aldi's grocery store. He stated the Super Wal-Mart is performing well - with an additional 200,000 square feet of retail space. This has generated 14.7 million in retail sales. Phase II of the Quail Creek Commercial Center will finalize future tenants for an additional 55,000 square feet of retail space, at $70 per square foot for construction costs. There have also been a great amount of property enhancements from Kohl's up to Lowe's. Mr. Lee suggested TIF#2 borrowing is a win --win situation for future construction of Wenonah - an additional 4.2 acres is available for retail development and for job creation. This would also help in alleviating some of the traffic on Lawrence since Super Wal-Mart has increased in traffic by 10.7% over the last two years. National based retailers are recognizing Wichita Falls as a potential new retail market. National chain stores are negotiating and are being considered in the TIF #2 District -- Quail Creek Crossing. Ms. Gagne added, $7.6 million is needed, based on 2008 cost estimates - including all right of way improvements in order to construct the remaining public projects identified in the TIF #2 Zone Plan. Mr. Powell, City Engineer, stated they are currently reviewing improvements within the McGrath Creek area, from Kemp to Sike's Lake, which is outside the TIF#2 Zone. Improvements for this eastern area currently stand at $1.1 million. He stated this area is a "bottleneck" for drainage. Discussion shifted to the Rhea Road realignment project. Ms. Gagne stated the MPO annually ranks transportation projects within their region. The #1 project is the Rhea Road project, which ranked 9.25 out of ten based on priority. Also receiving a top score were the Wenonah extension and Maplewood extension projects, which tied p p J with a rank of seven. This project is currently a long-term consideration. Mr. Powell referenced a Level of Service (LOS) Report prepared in January 2009 by the Traffic Division for the Lawrence/Call Field/Kemp/Midwestern Corridor. He stated the streetlight timing for this intersection (Rhea/Lawrence/Call Field) could drop from 180 seconds to an 80 second cycle. This would save time and improve mobility within this area from Lawrence to Kemp Blvd. Chairperson Filer asked about the reduction of waiting time, if this would hasten motorists driving south into the residential neighborhood. Mr. Powell stated this would not increase traffic on Rhea Road or change the local traffic pattern. The Board also reviewed alternative plans for the realignment from Engineering, including shifting from the south to a northern alignment at Lawrence Road. Councilor Smith stated this issue was discussed at the January 2009 TIF meeting and he was under the belief it would be development driven. Mr. Powell answered, stating the realignment is not financially viable for the City, and that it should be development driven. Mr. Powell continued, stating that during previous discussions with the developer a cafe was considered on Rhea Road, however, negotiations stagnated since the developer requested a significant sum of money for damages. Mr. Hugman, Assistant City Manager, asked to set up a meeting in early December with the developer (Karns), who is planning an El Fenix Mexican Restaurant and Jason's Deli at the southwest corner of Rhea / Call Field Road. He stated this is the time to look at costs, reopen discussion with the developer and pitch to their best interests the need for road realignment. TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 3 Discussion commenced regarding the prioritization of the rankings, between Rhea Road as #1 and Wenonah as #2 since they both serve a function to reduce traffic, promote economic development and to create jobs. Chairperson Filer requested a motion, to amend the TIF#2 Project Plan priorities. The first priority is the Rhea Road/Lawrence Road realignment, the second being Wenonah Boulevard road extension, third being the Phase Ill Maplewood projects, and fourth being McGrath/Quail Creek drainage. Ms. Bishop motioned and Mr. Taylor seconded to approve this prioritization plan. Motion passed unanimously. 6. Action on Request for Funding --- Maplewood Crossing at 3905 Lawrence Road (Nield/Berry property) Ms. Gagne discussed the Maplewood Crossing Preliminary Plat, at 3905 Lawrence Road. Mr. Litteken, President, Cornerstone Engineering, came forward to discuss the engineering of this area. He stated the development of these future lots is contingent upon boring underneath the existing channel to obtain sewer access along Maplewood Avenue. He considers this project as a public improvement based on previous discussions when the road was being designed. He believed funds from the TIF#2 District should pay for the cost of boring underground. The cost of the boring is approximately $18,000, with the total project cost approximately $43,000. He further stated sewer can be extended from Lawrence Road to service Lot #1; however, the question is how to pull sewer connection for the eastern lots facing Maplewood. In addition, the land owner needs permission from the utility company (TXU) to bore underneath their property since it's located between Maplewood Crossing lots and Maplewood Avenue. Ms. Gagne mentioned City Council gave approval (November 16'') to allow the platting of lots without direct street frontage -- contingent upon having an access easement on the adjacent property (utility or railroad). Currently, TXU has direct frontage onto Maplewood Avenue, which restricts access for future lots at Maplewood Crossing. Lot #1, however, has direct frontage onto Lawrence Road. Chairperson Filer asked how the planning for public sewer access was missed. Mr. Powell stated the cost for the boring should be development driven since the parcel locations were not known at the time when Maplewood Avenue was constructed. The City did not design/install the sewer connections at the time. Mr. Taylor asked where the money is coming from? Ms. Gagne intervened, stating this TIF District is still in a debt situation. This is going above the position of other properties. Chairperson Filer stated he is concerned about money issues since there currently is no unallocated money to fund a request. If the application was granted the TIF fund would go deeper in debt. Chairperson Filer stated this goes against the intent of TIF#2. The staff recommendation is to not approve the request. Mr. Taylor asked if this request could be pushed out for another year. Mr. Berry, the current land owner and applicant, stated back in 2007 and 2008 extending sewer was not an issue. He further explained he is not an engineer, he is a land owner, and he's trying to sell the land to a prospective tenant for a 16,000 square foot retail store. Councilor Smith asked the applicant if he would consider the use of 4A funding, based TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 4 on job generation. Mr. Hugman stated this project would be difficult to justify not being a primary job generator, though 4B funds may be an option. Ms. Gagne stated this is the first request for private funding. Mr. Powell stated the proposed sewer would become part of the public, not private, infrastructure. Ms. Gagne requested clarification from Mr. Litteken and Mr. Berry regarding their funding request. The letter requested $23,750 and the accompanying project estimate was $43,000. Mr. Litteken stated one was an estimate and the $23,750 is the proposed cost for boring -- which will not be finalized until the bid date. Mr. Hugman commented if this request is approved it would create a precedent and "chip" away at funding for future priority projects. Mr. Taylor viewed this as a "one of a kind" situation, based on project complexities. City Engineer, Mr. Powell, stated this was an isolated case with a unique set of circumstances. The applicant stated he has 110 days for the store to be ready to go. The proposed corporation owns 54 other stores. Mr. Berry stated he would like to see the Wichita Falls store developed before the rodeo season. Chairperson Filer called for a motion, for the TIF #2 Board to consider the applicants request for assistance with funding for directional boring to the public sewer. Mr. Taylor stated he would consider making the motion. Ms. Bishop stated the motion needs to include a specific dollar amount. Chairperson Filer continued, stating the motion should include a dollar amount not to exceed $23,750. Discussion among the Board, City Staff and the applicant continued related to the motion. Ms. Gagne provided additional information for the Board to consider/discuss. She noted the owners indicated a business would be operable by summer of 2011 so taxes generated, post -development, will be captured back to the fund in May 2012. This will be the first private request which will set a precedent based on past TIF history for future applicants seeking funds. Mr. Powell agreed. Chairperson Filer reiterated the motion needs to be specific. Mr. Hugman responded, stating this matter needs to be brought to the 4B Board to be considered for future funding since TIF #2 currently has no money available. After 4B consideration, this matter will then be referred to City Council for consideration and approval. Chairperson Filer asked the applicant if he could wait for the disbursement. The applicant stated he could possibly wait until 2015 for disbursement, thus eliminating the need for the 4B fund. Ms. Gagne stated a small portion could be available for reimbursement to upfront the money between 2012-2015, if not sooner, depending on development within the Zone. Chairperson Filer called for a revised motion regarding the application at 3905 Lawrence Road. Mr. Taylor introduced a motion recommending the Tax Increment Financing Reinvestment Zone #2 assist only with costs directly associated with placing directional borings under the McGrath/Quail Creek drainage channel to access public sewer utilities along Maplewood Avenue, based on three conditions unique to this site: 1) previous discussions with the City of commitments within the Zone for availability of public sewer access to the site at the time of developing design plans for the extension of Maplewood and the drainage channel; and, TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 5 2) the potential availability of TIF##2 funds in 2012 for reimbursement, if not sooner; and, 3) funding assistance shall not exceed $23,750. Chairperson Filer called for discussion among the Board, staff and applicants. Ms. Bishop seconded the motion. Motion passed unanimously. 7. Adjourn Chairperson Filer motioned to adjourn the meeting at 4:37 pm. •b Bern Filer, Chaireron Date TAX INCREMENT FINANCING ZONE #2 November 17, 2010 Page 6