Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: January 11, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash Jason Parson Randy Landes Kerrie Tyndall
TAXING DIST: Jim Malle, Jackson County Debbie Siragusa, Jackson County, other (via teleconference) Kevin Masters, Kansas City School District Paul Harrell, North Kansas City School District Jerry Nolte, Clay County Ted Graves, Clay County Frank Offutt, Platte County Jim Staley, Mid Continent Library, other
ABSENT: Jeffrey Williams Calvin Williford, Jackson County Scott Jacoby, Jackson County Shana Long, Kansas City School District Freddie Nichols, Clay County, other Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Allan Markley, Raytown School District Steve Shelton, Raytown School District Dennis Carpenter, Hickman Mills School District Darrell Curls, Hickman Mills School District
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} Sharon Nibbelink, Center School District Michael Weishaar, Center School District
STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Steve Reynolds, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Herb Hardwick, Hardwick Law Steve Sparks, Bryan Cave Jim Lawrence, Bryan Cave Dan Bagunu, KCMO Steve Walsh, City Attorney’s Office Kellee Madinger, White Goss Mark Pomerenke, NorthPoint John McGurk, Polsinelli Dan Osman, Osman Consulting Jim Noland Stern Brothers
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Kerrie Tyndall, Randy Landes, Jim Malle (Jackson County), Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Jason Parson, Jeffrey Williams, Calvin Williford (Jackson County), and Scott Jacoby (Jackson County).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the December 14, 2016 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 2 The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, January 9, 2017 at the offices of the Economic Development Corporation. In attendance were Subcommittee members Commissioners Shana Long (telephone conference), Jeffrey Williams, and Estella Morales, presiding. Also in attendance were staff Heather Brown and Sandra L. Rayford, and legal counsel to TIF Herbert Hardwick and Wesley Fields, and Human Relations staff Andrea Dorch.
The Subcommittee met in Executive Session one hour prior to the regular meeting to discuss privileged communications.
At 3:40 p.m. the regular meeting began with the approval of a Certificate of Completion and Compliance for the 811 Main TIF Plan/Commerce Bank Project.
November 2016 MBE/WBE Reports – Ms. Dorch reviewed with the Subcommittee a brief narrative report of MBE/WBE utilization and workforce utilization on TIF Projects. She also provided a spreadsheet of MBE/WBE expenditure activity through November 2016. A copy of the reports presented were included in the board packet for review.
Proposed Uniform Affirmative Action Policy Update - The Subcommittee reviewed the proposed Uniform Affirmative Action Policy and discussed possible modifications to the proposed Policy. Legal counsels and Ms. Dorch would further revise the Policy and return a modified version to the Subcommittee for consideration.
The next Subcommittee meeting was scheduled for Monday, January 30, 2017 at 3:30 p.m.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on January 10, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 3
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY.
Commissioner Hennen stated that the TIF accounting and financial program was currently operating under parallel systems in tandem and would be monitored for a month. Additionally, the Universal TIF question submitted by Commissioner Masters in December was being researched.
Heather Brown reviewed the TIF reporting and disclosure requirements schedule which was included in the Board packet for review.
Action taken: NONE; INFORMATION ONLY.
5. Administrative: Consideration of approval of an amendment to the Bond Disbursement Policy, and other matters related thereto.
Heather Brown stated that changing the signatories as presented was more logical.
On February 11, 2004, the Commission approved a Bond Issuance and Disbursement Policy, which has been subsequently amended on May 12, 2004 and September 8, 2004. The purpose of the Policy was to outline the procedure and establish internal controls for the payment of costs and expenses related to the issuance of bonds, which are to be financed from Payments in Lieu of Taxes (PILOTS) and Economic Activity Taxes (EATS) (the “Bonds”) and the reimbursement of Redevelopment Costs from the proceeds from the sale of Bonds.
The Policy provided, in part, in connection with the issuance of Bonds by an agency/entity other than the TIF Commission that were to be financed with Payments in Lieu of Taxes (PILOTS) and/or Economic Activity Taxes (EATS), the TIF Commission shall not pledge any PILOTS or EATS to service the debt on such Bonds unless and until a copy of the executed Trust Indenture (or similar agreement) had been executed by and among the agency/entity issuing the Bonds and the Trustee and delivered to staff to the TIF Commission which provided:
“That Bond Proceeds shall not be paid or disbursed pursuant to the Indenture to the Redeveloper or for Redevelopment Costs unless and until the Trustee received prior to the time of each disbursement documentation evidencing approval of each draw by the TIF Commission and TIF Staff, as follows: (A) a copy of a resolution duly adopted by the TIF Commission (the “TIF Resolution”), which sets forth: (i) the amount of Redevelopment Costs previously certified by the TIF Commission and (ii) the amount of Redevelopment Costs certified by the TIF Commission which may be then reimbursed or paid from Bond Proceeds and (B) a written acknowledgment approving the disbursement request executed by the TIF Manager, EDC Controller and an EDC Financial Administrative officer.”
As a result of the recent transfer of accounting and financial reporting responsibilities from the EDC to the City, staff to the Commission recommended that the above referenced section be modified such that written acknowledgement approving the disbursement request be
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 4 executed by either the Executive Director of the TIF Commission or the Chair of the TIF Commission, as opposed to the TIF Manager, EDC Controller and the EDC Financial Administrative officer.
Attached as Exhibit 5 was a revised Bond Issuance and Disbursement Policy, which modified the aforementioned section to read:
That Bond Proceeds shall not be paid or disbursed pursuant to the Indenture to the Redeveloper or for Redevelopment Costs unless and until the Trustee receives prior to the time of each disbursement documentation evidencing approval of each draw by the TIF Commission and TIF Staff, as follows: (A) a copy of a resolution duly adopted by the TIF Commission (the “TIF Resolution”), which sets forth: (i) the amount of Redevelopment Costs previously certified by the TIF Commission and (ii) the amount of Redevelopment Costs certified by the TIF Commission which may be then reimbursed or paid from Bond Proceeds and (B) a written acknowledgment approving the disbursement request executed by the Executive Director of the TIF Commission or the Chair of the TIF Commission.”
Commissioner Hennen stated that the policy had been reviewed and was recommended by the Governance, Finance & Audit Subcommittee.
Action taken: APPROVE THE MODIFIED BOND ISSUANCE AND DISBURSEMENT POLICY AS PRESENTED. MOTION MADE BY MR. HENNEN, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 1-1- 17).
6. Housing Subcommittee: Consideration of the Housing Report, and other matters related thereto.
The Housing Subcommittee did not meet, however, the most current Housing Report was included for the Commission’s review prior to the meeting.
Chair Circo noted she had met with Commissioner Parson who would be researching and developing a direction for the multiple housing programs.
Action recommended: NONE; INFORMATION ONLY.
7. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE.
8. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown stated that the City’s semi-annual docket was being reviewed and the 45th Street TIF Plan was expected to be released.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 5 Additionally, she announced the following new Plans/Projects that would be presented for consideration: Valley View TIF Plan and the Shoal Creek TIF 13th Amendment. She further noted that the Vivion Point public hearing would be continued.
Action recommended: NONE; INFORMATION ONLY.
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Kerrie Tyndall, Randy Landes, and Frank Offutt (other). Absent were: Jason Parson, Jeffrey Williams, Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
9. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the December 14, 2016 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 PLATTE COUNTY/PLATTE RIII- PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MR. OFFUTT, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
10. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for January 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
KCI TIF Plan: Consideration of certification of costs totaling $484,401.38, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $484,401.38 Use of funds: Street Improvements Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 94% compliant
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 6 Notes: Street Improvement Project 7B Old Tiffany Springs Road, Engineering Cost Projects 4B, 6A and 7B, Related Legal Fees and construction interest. Portion of the request would be paid from a bond draw—see schedule below.
Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 476,926.93 $ 7,474.45 $ 484,401.38
Recommendation: Approve certification of costs totaling $484,401.38 and related bond draw of $476,926.93.
KCI TIF Plan: Consideration of certification of costs totaling $27,455.97, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $27,455.97 Use of funds: Street Improvements Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 94% compliant
Notes: Street Improvements Project 16, 108th Street/Shoal Creek Parkway.
Recommendation: Approve certification of costs totaling $27,455.97.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MR. OFFUTT, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 1-2-17).
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Kerrie Tyndall, Randy Landes, Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Jason Parson, Jeffrey Williams, Ted Graves, Freddie Nichols (Clay County other) and Terry Ward (North Kansas City School District).
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 7 11. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the December 14, 2016 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. HENNEN, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY.
Commissioners Graves and Harrell arrived at this time.
12. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for January 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Parvin Road TIF Plan: Consideration of certification of costs totaling $8,336.14, and other matters related thereto.
Request from: Hunt Midwest Real Estate Development, Inc. Total amount requested: $8,336.14 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% compliant
Notes: Construction and Project Management Cost, Professional and Administration Expenses Project 3D. Pay Application # 100.
Recommendation: Approve certification of costs totaling $8,336.14.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC. MOTION MADE BY MS. MORALES, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 1-3-17).
Commissioners Graves and Harrell arrived at this time.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 8 PUBLIC HEARING – 9:15 AM
Responding to the roll call for the proposed Vivion Point TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Randy Landes, Jerry Nolte (Clay County), Ted Graves (Clay County), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Jeffrey Williams, Freddie Nichols (Clay County other) and Terry Ward (North Kansas City School District).
13. Proposed Vivion Point TIF Plan: Consideration of approval of the Vivion Point TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the public hearing would be continued due to extended discussions between the financial analyst consultant and the developer regarding the pro forma.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:45 AM FEBRUARY 8, 2017. MOTION MADE BY MR. HENNEN, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 1-4-17).
JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Randy Landes, Jim Malle (Jackson County), Debbie Siragusa (other) via teleconference, and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County) and Shana Long (Kansas City School District).
EXECUTIVE SESSION
14. Consideration of legal matters, real estate matters, sealed bids or proposals, or confidential communications between the Commission and its auditor, pursuant to Section 610.021(1), (2), (12),or (17), RSMo, respectively.
Motion to go into Executive Session pursuant to RSMo Section 610.021(1) to discuss legal matters was made by Mr. Hennen, seconded by Ms. Morales and carried unanimously by roll call vote.
Chair Circo recused herself from participation and departed.
RESUME BUSINESS SESSION
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 9 Action taken: APPROVE THE DETERMINATION THAT NP POWER & LIGHT BUILDING, LLC HAS MET THE GOOD FAITH EFFORTS STANDARD WITH RESPECT TO CONSTRUCTION SERVICES FOR PROJECT A THE 1200 MAIN/SOUTH LOOP TIF PLAN. MOTION MADE BY MR. PARSON, SECONDED BY MR. NASH AND CARRIED BY THE FOLLOWING ROLL CALL VOTE (RES 1-5-17):
ESTELLA MORALES AYE TROY NASH AYE JASON PARSON AYE RANDY LANDES AYE KERRIE TYNDALL AYE JIM MALLE AYE DEBBIE SIRAGUSA ABSTAIN KEVIN MASTERS AYE
Commissioner Hennen departed at this time.
PUBLIC HEARING – 10:00 AM
Responding to the roll call for the Country Club Plaza TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Kerrie Tyndall, Estella Morales, Troy Nash, Jason Parson, Randy Landes, Jim Malle (Jackson County), Debbie Siragusa (other) via teleconference, and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County) and Shana Long (Kansas City School District).
15. Country Club Plaza TIF Plan – Fourth Amendment: Consideration of approval of the Fourth Amendment of the Country Club Plaza TIF Plan and the termination of Redevelopment Project Area 9 described therein, and other matters related thereto.
Heather Brown stated that the purpose of the hearing was to consider the Fourth Amendment to the Country Club Plaza TIF Plan (“the Plan”) and the termination of the designation of Redevelopment Project Area 9 described by the Plan.
Redevelopment Area: The Redevelopment Area described by the Plan is generally bounded by Summit Street and Pennsylvania Avenue on the west, 46th Street on the north, Wyandotte and Broadway Streets on the east, Nichols, 48th Street and Ward Parkway on the south and an area generally bounded by Wornall Road on the west, by 46th Street on the north, J.C. Nichols Parkway on the east and by 46th Street Terrace on the south and by an generally bounded by Wornall Road on the west, 49th Street on the north, Main Street on the east and 50th Street on the south (the “Redevelopment Area”).
Objectives of Country Club Plaza TIF Plan: The Plan contemplated construction within the Redevelopment Area of approximately 1,705,120 square feet of new construction, the rehabilitation of 295,382 square feet of existing space, and the construction of approximately 2,785 new parking spaces within five (5) separate redevelopment areas described by the Plan.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 10
Notices: A public hearing regarding the proposed Fourth Amendment of the Country Club Plaza TIF Plan was scheduled for 10:00 a.m., Wednesday, January 11, 2017. All notices were provided as required under the State TIF statute.
Proposed Third Amendment: The proposed Fourth Amendment of the Country Club Plaza Tax Increment Financing Plan provided for the removal of Redevelopment Project 9 (the “Redevelopment Project”) from the Plan and the elimination of all improvements contemplated by or funded with tax increment financing generated by the area designated by such Redevelopment Project.
Redevelopment Project Area 9 to be removed from the Plan, pursuant to the Fourth Amendment to the Plan, may be terminated upon the City Council declaring the PILOTS and EATS on deposit in each Special Allocation Fund established in connection with Redevelopment Project Area 9 as surplus, and thereafter dissolving each such Special Allocation Fund.
Redevelopment Projects 1, 2, 3, 7 and 8 would remain as the only Redevelopment Projects contemplated by the Plan.
Required Statutory Findings: In connection with the consideration of the Fourth Amendment of the Country Club Plaza TIF Plan, staff recommended that the TIF Commission affirm the previous statutory findings:
Blighted Area The Redevelopment Area, on the whole, was a Conservation area.
Expectations for Development The Redevelopment Area, on the whole, had not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing.
Conforms to Comprehensive Plan of City The Country Club Plaza TIF Plan conformed to the City’s comprehensive plan.
Date to Adopt Redevelopment Project The Country Club Plaza TIF Plan did not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan.
Date to Complete Redevelopment The Country Club Plaza TIF Plan did not establish or set forth estimated dates to complete any potential Redevelopment Projects, each of which would be scheduled to be completed not more than twenty-three (23) years from the adoption of any Ordinance approving the Redevelopment Project.
Date to Retire Obligations
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 11 In the event Obligations were issued to finance Redevelopment Project Costs, it was anticipated that such Obligations ould be retired in less than twenty-three (23) years from the adoption of the Ordinance approving the last Redevelopment Project approved by the City Council from which TIF Revenue was utilized to pay principal and interest on such Obligations.
Acquisition by Eminent Domain The Country Club Plaza TIF Plan did not contemplate that any property located within a Redevelopment Project Area would be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
Relocation Assistance The Country Club Plaza TIF Plan did not contemplate the relocation of any resident or business pursuant to the City’s relocation policy.
Cost-Benefit Analysis The Country Club Plaza TIF Plan provided for a cost-benefit analysis approved by the City, which would assess the economic impact of each future Project of the Plan on each affected Taxing District and would provide sufficient information to evaluate whether the Redevelopment Projects, as proposed by any future Amendment to this Plan, were financially feasible.
Gambling Establishment The Country Club Plaza TIF Plan did not include the initial development or redevelopment of any gambling establishment as defined in the Act.
Chair Circo opened the floor for comments.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. MASTERS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 1- 6-17).
RECOMMEND THE FOLLOWING TO THE CITY COUNCIL: (A) DECLARE AS SURPLUS ALL PILOTS AND EATS ON DEPOSIT WITHIN THE SPECIAL ALLOCATION FUND ESTABLISHED FOR REDEVELOPMENT PROJECT AREA 9 THAT ARE IN EXCESS OF EXISTING AND ANTICIPATED ADMINISTRATIVE COSTS AND EXPENSES OF THE COMMISSION, IN CONNECTION WITH PROCESSING THE TERMINATION OF THE REDEVELOPMENT PROJECT AREA; (B) REMIT ALL SUCH SURPLUS FUNDS TO THE AFFECTED TAXING DISTRICTS IN ACCORDANCE WITH SECTION 99.850, RSMO; (C) TERMINATE, BY SEPARATE ORDINANCE, THE DESIGNATION OF REDEVELOPMENT PROJECT AREA 9 IDENTIFIED BY THE PLAN; AND APPROVE THE FOURTH AMENDMENT TO THE COUNTRY CLUB PLAZA TIF PLAN AND FORWARD TO CITY COUNCIL FOR APPROVAL. MOTION MADE BY MR. MASTERS, SECONDED BY
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 12 MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 1-7-17).
16. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the December 14, 2016 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
17. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for January 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $38,618.70, and other matters related thereto.
Request from: Folly Theater Total amount requested: $38,618.70 Use of funds: Facility Improvements Cost certifier: DL Weaver and Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant.
Notes: 21st Round of the 11th Street Corridor Neighborhood Improvement Fund. Purchased and installed new improved light bulbs, interior and exterior painting.
Recommendation: Approve certification of costs totaling $38,618.70.
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $1,630.00, and other matters related thereto.
Request from: 314 W10th St. Award of Assistance Total amount requested: $1,630.00 Use of funds: Façade Improvements Cost certifier: DL Weaver and Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 13
Notes: 24th Round of the 11th Street Corridor Neighborhood Cooperative Improvement Fund. Purchased and installed new awning.
Recommendation: Approve certification of costs totaling $1,630.00.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MS. MORALES, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY (RES 1-8-17).
18. 811 Main TIF Plan: Consideration of approval of a Certificate of Completion and Compliance for the Commerce Bank Building of the 811 Main TIF Plan, and other matters related thereto.
Sandra Rayford stated that the Contract Compliance Subcommittee had reviewed the 811 Main TIF Plan which was approved by the City Council on January 5, 2006 by Ordinance No. 051527. A Redevelopment Agreement was entered into between the TIF Commission and Commerce Bank, N.A. on February 8, 2006 for the implementation of the rehabilitation and renovation of the 215,000 sq. ft., twelve-story, 811 Main office building together with all utilities, street improvements and appurtenances necessary to adequately address the conditions which qualified the Redevelopment Area as a blighted area. Actual rehabilitation costs were $18,925,353 with $4,744,912 of the costs certified as eligible reimbursement costs. The project improvements were completed in February 2007. The Redeveloper had complied with the Commission’s Certification of Cost and Reimbursement Policy, and that together with the costs to be considered for certification, the Commission had certified all redevelopment costs that were eligible for reimbursement
Included with the exhibits was a copy of the proposed Certificate of Completion and Compliance and supporting documentation to the Certificate.
Action taken: APPROVE THE CERTIFICATION OF COMPLETION AND COMPLIANCE FOR THE COMMERCE BANK PROJECT OF THE 811 MAIN TIF PLAN. MOTION MADE BY MR. PARSON, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 1-9-17).
Chair Circo recused herself from participation of the remaining items.
19. 1200 Main/South Loop TIF Plan: Consideration of Project 3A Power & Light building garage good faith efforts review, and other matters related thereto.
Herb Hardwick reviewed the 3 phases of Project 3A which included a tower, wrap and garage. He stated that the City Human Relations Department had concluded that the developer had not met the assigned MBE/WBE goals and recommended liquidated damages.
Commissioner Morales stated that the Affirmative Action Contract Compliance Subcommittee had extensively examined the materials and ultimately recommended a determination that the developer had met the good faith efforts.
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 14 Chair Circo abstained from voting.
APPROVE THE DETERMINATION THAT NP POWER & LIGHT BUILDING, LLC HAS MET THE GOOD FAITH EFFORTS STANDARD WITH RESPECT TO CONSTRUCTION SERVICES FOR PROJECT A THE 1200 MAIN/SOUTH LOOP TIF PLAN. MOTION MADE BY MR. PARSON, SECONDED BY MR. NASH AND CARRIED BY THE FOLLOWING ROLL CALL VOTE (RES 1-5-17):
ESTELLA MORALES AYE TROY NASH AYE JASON PARSON AYE RANDY LANDES AYE KERRIE TYNDALL AYE JIM MALLE AYE DEBBIE SIRAGUSA ABSTAIN KEVIN MASTERS AYE
20. 1200 Main/South Loop TIF Plan: Consideration of approval a Certificate of Completion and Compliance for Project 3A Power & Light building garage, and other matters related thereto.
Sandra Rayford stated that the 1200 Main/South Loop TIF Plan was approved by City Council on March 4, 2004 by Ordinance No. 040154. The original Plan was subsequently amended eight times. The Eighth Amendment approved by City Council on August 14, 2014 provided for the following: (i) the expansion of the boundaries of the Redevelopment Area, as described by the Plan, to include Phase 2 of the Redevelopment Project Area 3, (ii) the modification of the legal description for Redevelopment Project Area 3 to incorporate Phase 2 of the Redevelopment Project Area 3, (iii) the construction of an approximately 475 stall parking garage, along with retail and residential space wrapped around and connected to the parking garage, which shall consist of approximately 52 residential units and 6,700 square feet of commercial retail space all within Phase 2 of the Redevelopment Project Area 3, (v) updated specific objectives of the Plan to incorporate the improvements contemplated by Phase 2 of the Redevelopment Project 3, (vi) updated estimated Redevelopment Project Costs related to Phase 2 of Redevelopment Project 3, (vii) an updated development schedule for the implementation of the improvements contemplated by Phase 2 of Redevelopment Project 3, (viii) updated projections for TIF Revenues to be generated within Redevelopment Project Area 3, (ix) an update to the schedule of sources of funds for the financing of costs related to Phase 2 of Redevelopment Project 3, (x) an update to the cost/benefit analysis that analyzes Phase 2 of the Redevelopment Project 3, (xi) an update to the blight study that incorporates a review and evaluation of Phase 2 of Redevelopment Project 3, (xi) an update to the blight study that incorporated a review and evaluation of Phase 2 of the Redevelopment Project Area 3, (xii) and other supplements or amendments to the Exhibits that were in furtherance of the proposed modifications described above.
On September 26, 2014 the TIF Commission entered into a Redevelopment Agreement with NP Power & Light Building, LLC for all such requirements and obligations in connection
{File: EDCKC/60/ADM/ADMST/99/00192100.DOC /} 15 with the completion of Redevelopment Project 3A of the 1200 Main/South Loop TIF Plan. Construction of Project Improvements and Public Improvements were commenced approximately February 2015 and the Project Improvements and Public Improvements for Project Area 3A/Phase II were partially completed in March 2016 with a temporary certificate of occupancy over the lower level of the Garage which held 100 parking spaces, the remainder of the garage was completed in July 2016.
The Developer NP Power & Light Building, LLC had provided supporting document for the completion of the parking garage as contemplated by the Redevelopment Agreement. Redevelopment costs incurred was $15,976,071 with $11,243,563 of those costs identified as eligible reimbursement costs by an independent cost certifier. The amount of total costs incurred by the Redeveloper in completing the project improvements and submitted to the Commission for certification and reimbursement, was within the amount of the budgeted redevelopment costs plus the lesser of Ten Percent (10%) or $1 million of the budget of redevelopment costs as set forth in the respective Redevelopment Plan and Budget. The Redeveloper had complied with the Commission’s Certification of Cost and Reimbursement Policy, and that together with the costs to be considered for certification, the Commission had certified all redevelopment costs that were eligible for reimbursement.
Included with the exhibits was a copy of the proposed Certificate of Completion and Compliance and supporting documentation to the Certificate. Chair Circo abstained from voting.
Action taken: APPROVE THE CERTIFICATION OF COMPLETION AND COMPLIANCE FOR PROJECT 3A OF THE 1200 MAIN/SOUTH LOOP TIF PLAN. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED (RES 1-10-17):
Commissioner Landes departed at this time.
21. 1200 Main/South Loop TIF Plan: Consideration of certification of costs totaling $11,243,562.75, and other matters related thereto. Request from: NP Power & Light Building, LLC Total amount requested: $11,255,437.75 Use of funds: garage construction costs and expenses Cost certifier: Miller Haviland Ketter Questioned or disallowed costs: $11,875.00 MBE/WBE: Compliant EATs reporting requirement: N/A
Recommendation: Approve certification of costs totaling $11,243,562.75.
Mark Pomerenke, Vice President of Operations, NorthPoint Development, commended the Commission for the diligent efforts by the Affirmative Action Contract Compliance Subcommittee to resolve the matter. Chair Circo abstained from voting.
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Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
ANNUAL MEETING
DATE: February 8, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash – via teleconference Jason Parson Jeffrey Williams
TAXING DIST: Jim Malle, Jackson County Johnny Sweeney, Jackson County Bruce Eddy, other Kevin Masters, Kansas City School District Paul Harrell, North Kansas City School District Jerry Nolte, Clay County Ted Graves, Clay County Freddie Nichols, Clay County, other Mike Reik, Platte R-III School District Steve Shelton, Raytown School District
ABSENT: Calvin Williford, Jackson County Scott Jacoby, Jackson County Debbie Siragusa, Jackson County, other Shana Long, Kansas City School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District William Brown, Platte County other Frank Offutt, Platte County Jim Staley, Mid Continent Library, other Steve Shelton, Raytown School District Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Allan Markley, Raytown School District
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Dennis Carpenter, Hickman Mills School District Darrell Curls, Hickman Mills School District Sharon Nibbelink, Center School District Michael Weishaar, Center School District
STAFF/GUESTS: Heather Brown, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Steve Reynolds Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Steve Sparks, Bryan Cave Herb Hardwick, Hardwick Law Dan Bagunu, KCMO Andrea Dorch, HRD Kellee Madinger, White Goss Jim Noland Stern Brothers Jim Miller, DST Gary Patton, Shoal Creek resident Steve Rinne, EDC
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jim Malle (Jackson County), Jerry Nolte (Clay County), Bruce Eddy (other), Paul Harrell (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County) and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the January 11, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JANUARY 11, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MR. HARRELL, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
2. Administrative: Election of 2017 Officers, and other matters related thereto.
Heather Brown stated that Article IV, Section II of the Fourth Amended and Restated By- Laws, as amended, of the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”) provides that the officers of the Commission shall be elected at the Commission’s annual meeting, which, pursuant to Article II, Section 3 of the Fourth
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Amended and Restated By-laws, shall be held between January 2nd and March 31st of each year. Article IV, Section 2 of the Fourth Amended and Restated By-Laws further provides vacancies in offices, however caused, may be filled by election by the Commission at any time for the unexpired terms of such offices.
The Nominating Committee met Monday, January 30th via teleconference and recommends the following slate of 2017 officers to the Commission. Each such officer shall serve a one- year term and until a successor is elected or until his or her resignation, death or removal:
Chairman Cindy Circo Vice Chairman Troy Nash Treasurer Darren Hennen Secretary Heather Brown Assistant Treasurer Michael Keenan Assistant Secretary Janine Pettitt
Action recommended: APPROVAL OF THE RECOMMENDED SLATE OF 2017 OFFICERS. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 2-1-17).
3. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
Ordinance 010710 Report EAT’s Report
Action taken: NONE; INFORMATION ONLY.
4. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action and Contract Compliance Subcommittee did not meet prior to the Board Meeting. The December 2016 reports were attached for review.
Action taken: NONE; INFORMATION ONLY
5. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on January 27, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners. He further noted that the TIF Accounting & Financial Reporting transition was in its final phases.
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Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
6. Housing Subcommittee: Consideration of the Housing Report, and other matters related thereto.
Action taken: NONE
7. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE
8. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown announced that the EDC had transitioned to a new website.
Action recommended: NONE; INFORMATION ONLY.
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, and Mike Reik (Platte R-III School District). Absent were: Frank Offutt (other), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), and Angie Hughes (Platte R-III School District).
9. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the January 11, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JANUARY 11, 2017 PLATTE COUNTY/PLATTE RIII- PARK HILL MINUTES AS PRESENTED.
10. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for February 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
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KCI TIF Plan: Consideration of certification of costs totaling $163,841.34, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $163,841.34 Use of funds: Street Improvements Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 41%, low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 94% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Note: Street Improvement Project 7B Old Tiffany Springs Road, Engineering Cost Project 7B and related legal fees and construction interest. A portion of the request would be paid from a bond draw—see schedule below. Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 159,031.14 $ 4,810.20 $ 163,841.34
Recommendation: Approval of certification of costs totaling $163,841.34 and related bond draw of $159,031.14.
KCI TIF Plan: Consideration of certification of costs totaling $47,042.90, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $47,042.90 Use of funds: Street Improvements Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 41%, low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 94% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Street Improvements Project 16, 108th Street/Shoal Creek Parkway.
Recommendation: Approve certification of costs totaling $47,042.90.
Commissioner Hennen abstained from voting.
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Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MR. REIK, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 2-2-17).
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Freddie Nichols (Clay County other), and Mike Reik (Platte R-III School District). Absent were: Frank Offutt (other), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), and Angie Hughes (Platte R-III School District).
11. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of the December 14, 2016 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. REIK AND CARRIED UNANIMOUSLY.
12. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for February 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
Barrytowne TIF Plan: Consideration of certification of costs totaling $678,059.10, and other matters related thereto.
Request from: MD Management Total amount requested: $678,059.10 Use of funds: NID Assessments Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Barry Towne NID Assessments are not require to report. EATs reporting requirement: 27%, please note that the low percentages are due to the new reporting cycle (2nd half 16) beginning January 1, 2017. Last reporting cycle was 100% (1st half 16). Both developer and retailers are making a good faith effort to obtain required EATs documents.
Notes: Certifier analyzed the submission from MD Management.
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Recommendation: Approve certification of costs totaling $678,059.10.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MR. REIK, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 2-3-17).
13. Platte Purchase Development Plan: Consideration of approval of the appointment of members to the Platte Purchase Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the Platte Purchase Development Plan was approved by Ordinance No. 160415 on July 28, 2016 and provides for the creation of an advisory committee to provide advice to the Commission regarding the use and disbursement of funds placed in an account designated for expenses related to public improvements and to serve as liaison with taxing districts, City departments and other parties having an interest in and directly adjacent to the Redevelopment Area.
Subsequently, the TIF Commission approved the composition of the Platte Purchase Advisory Committee on September 14, 2016 by Resolution No. 9-3-16.
The Advisory Committee was currently comprised of Council members Teresa Loar and Dan Fowler, Dr. Mike Reik and Angie Hughes from Platte County R-III School District, Presiding Platte County Commissioner Ron Schieber, Presiding Clay County Commissioner Jerry Nolte, Alicia Stephens from the Platte County EDC, Jim Hampton from the Clay County EDC and Sheila Trace from the Northland Regional Chamber of Commerce.
During the January 18, 2017 Platte Purchase Advisory Committee meeting, Ms. Stephens recommended approval by the committee of Wes Minder as an additional appointee to the committee representing the City Manager’s Office.
Staff recommended approval of the additional member for the Platte Purchase Development Plan Advisory Committee as presented.
Chair Circo recommended inclusion of area citizen representation.
Commissioner Williams suggested using registered homeowners associations as a source.
Commissioner Nolte stated that Clay County was considering appointing an additional citizen member as well.
Action taken: APPROVE WES MINDER AS AN ADDITIONAL VOTING MEMBER OF THE PLATTE PURCHASE DEVELOPMENT PLAN ADVISORY COMMITTEE. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 2-4-17).
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CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), and Paul Harrell (North Kansas City School District). Absent were: Terry Ward (North Kansas City School District), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
14. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the December 14, 2016 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE DECEMBER 14, 2016 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
PUBLIC HEARING – 9:15 AM
Responding to the roll call for the Valley View TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), and Paul Harrell (North Kansas City School District). Absent were: Terry Ward (North Kansas City School District), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
15. Valley View TIF Plan: Consideration of approval of the Valley View TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the Advisory Subcommittee met last week to discuss funding of priorities in both the Valley View and Shoal Creek areas. It was determined that the upcoming April GO bond vote included funds that could potentially assist with the outlined Shoal Creek improvements. Therefore, it was recommended to continue consideration of both Plans to the April TIF Board Meeting in order to leverage all available funding.
Heather Brown noted the Valley View Plan would provide for new office and retail and TIF revenues would only apply to public improvements.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:15 AM APRIL 12, 2017. MOTION MADE BY MR. HARRELL, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 2-5-17).
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CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), and Paul Harrell (North Kansas City School District). Absent was: Terry Ward (North Kansas City School District.
16. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the January 11, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JANUARY 11, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
17. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for February 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
Arlington Road TIF Plan: Consideration of certification of costs totaling $5,247.78, and other matters related thereto.
Request from: Hunt Midwest Real Estate Development, Inc. Total amount requested: $5,247.78 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 33%, low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Engineering, Survey Cost, Administration Expenses and Interest.
Recommendation: Approve certification of costs totaling $5,247.78.
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Parvin Road TIF Plan: Consideration of certification of costs totaling $50,434.13, and other matters related thereto.
Request from: Hunt Midwest Real Estate Development, Inc. Total amount requested: $50,434.13 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 38%, low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 93% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Project 3D Construction and Project Management Cost. Project 4 Construction Costs, Project Management, Professional Services and Financing Costs. Pay Application # 101.
Recommendation: Approve certification of costs totaling $50,434.13.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 2-7-17).
CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the Shoal Creek TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), and Paul Harrell (North Kansas City School District). Absent were: Terry Ward (North Kansas City School District), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
18. Shoal Creek TIF Plan - Thirteenth Amendment: Consideration of approval of the Thirteenth Amendment of the Shoal Creek TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that continuation was requested in conjunction with the proposed Valley View TIF Plan due to the potential leveraging of GO bond funding.
Wesley Fields stated that the description that the GO bond would fund included certain improvements that were currently contemplated by the Shoal Creek TIF Plan. The current suggestion by the City Manager was that the GO bonds could fund approximately $4.5 million of improvements, otherwise scheduled for funding by the Shoal Creek Plan, thereby reducing the obligation by Shoal Creek by $4.5 million. He noted, however, that $190 million improvements had been identified with only half the funds to complete.
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Chair Circo cautioned stringent attention to the evaluation of priorities.
Ms. Flournoy ensured the Subcommittee would not overcommit on the time and revenue.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:30 AM APRIL 12, 2017. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILILAMS AND CARRIED UNANIMOUSLY (RES 2-6-17). Commissioner Parson departed at this time. Commissioner Tyndall was seated.
JACKSON COUNTY/CENTER AGENDA ITEMS
Responding to the roll call for the Jackson County/Center TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Kerrie Tyndall, Jeffrey Williams, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), and Bruce Eddy (other). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Debbie Siragusa (other), Sharon Nibbelink (Center School District), and Michael Weishaar (Center School District).
19. Consideration of acceptance of the Jackson County/Center TIFC Minutes, and other matters related thereto.
Minutes of the October 12, 2016 Jackson County/Center meeting were included for the Commission’s review prior to the meeting. Action taken: ACCEPT THE OCTOBER 12, 2016 JACKSON COUNTY/CENTER MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. HENNEN AND CARRIED UNANIMOUSLY.
20. Consent Agenda: Consideration of the Consent Agenda for Jackson County/Center, and other matters related thereto.
The Consent Agenda items for February 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following item was included:
Cost Certifications
Bannister & Wornall Road TIF Plan: Consideration of certification of costs totaling $415,126.00, and other matters related thereto. (Rick DeSimone)
Request from: 9400 Wornall, LLC Total amount requested: $415,126.00 Use of funds: Redevelopment cost Cost certifier: Ralph C. Johnson & Company, P.C. Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant. Notes: Redevelopment cost includes Parking Structure, Tenant and Onsite Improvements.
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Recommendation: Approval of certification of costs totaling $415,126.00.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/CENTER, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 2-9-17).
21. Bannister & Wornall TIF Plan: Consideration of approval of a Certificate of Completion and Compliance for Project A of the Bannister & Wornall TIF Plan, and other matters related thereto. (Sandra Rayford) Exhibit 22
Sandra Rayford stated that the Bannister & Wornall TIF Plan was approved by the City Council on May 15, 2014 by Ordinance No. 1403672. Project A of the Plan was activated by the City Council on October 27, 2014 by Ordinance No. 140373. A Redevelopment Agreement was entered into between the TIF Commission and Burns & McDonnell Engineering Company, Inc. on October 8, 2014 for all such requirements and obligations in connection with the completion of Redevelopment Project A of the Bannister & Wornall TIF Plan. The Plan contemplated the construction of Project Improvements and Public Improvements with Project Area A which were commenced approximately May 2014 and completed in March 2016. Actual rehabilitation costs were $83,942,447 with $17,696,694 of the costs certified as eligible reimbursement costs. The amount of total costs incurred by the Redeveloper in completing the project improvements and submitted to the Commission for certification and reimbursement, was within the amount of the budgeted redevelopment costs plus the lesser of Ten Percent (10%) or $1 million of the budget of redevelopment costs as set forth in the respective Redevelopment Plan and Budget.
Staff determined that the Redeveloper had complied with the Commission’s Certification of Cost and Reimbursement Policy, and that together with the costs to be considered for certification, the Commission had certified all redevelopment costs that were eligible for reimbursement
Included with the exhibits to this agenda item was a copy of the proposed Certificate of Completion and Compliance and supporting documentation to the Certificate for review and approval.
Action taken: APPROVE THE CERTIFICATE OF COMPLETION AND COMPLIANCE FOR PROJECT A OF THE BANNISTER & WORNALL TIF PLAN. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 2-10-17).
CLAY COUNTY/NKC AGENDA ITEMS
PUBLIC HEARING – 9:45 AM
Responding to the roll call for the Vivion Point TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Kerrie Tyndall, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), and Paul Harrell (North Kansas City School District). Absent was: Terry Ward (North Kansas City School District.
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22. Vivion Point TIF Plan: Consideration of approval of the Vivion Point TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the developer had requested a continuation in order to secure an “as is” appraisal to support their acquisition costs which had been required by S B Friedman.
Commissioner Hennen requested encouragement for the developer.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING 9:15 AM MARCH 8, 2017. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 2-8-17).
JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Kerrie Tyndall, Jeffrey Williams, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Bruce Eddy (other), and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Debbie Siragusa (other), and Shana Long (Kansas City School District).
23. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the January 11, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JANUARY 11, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
24. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for February 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $35,933.38, and other matters related thereto.
Request from: DST Realty on Behalf of Broadway Square Partners Total amount requested: $35,933.38 Use of funds: Facade Improvements Cost certifier: DL Weaver and Company
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Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 3%, low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Note: 301 W. 11th Street Award of Assistance 24th Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 24-3). Purchased and installed new LED Ground Lights.
Recommendation: Approve certification of costs totaling $35,933.38.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 2-11-17).
25. 9th & Central TIF Plan: Consideration of approval of a Funding Agreement between the TIF Commission and Savoy Acquisition Company, L.L.C. in connection with the 9th & Central TIF Plan, and other matters related thereto.
Wesley Fields stated that the Savoy Acquisition Company, L.L.C. (“Savoy”), in connection with its acquisition of the surface parking lot located within the Redevelopment Area described by the 9th & Central Tax Increment Financing Plan, as amended, (the “TIF Plan”), had requested that the TIF Commission remove the surface parking lot from the Redevelopment Area. Specifically, Savoy requested that the TIF Commission (1) prepare all necessary documents, provide all statutory public notices and participate in public meetings to consider an amendment (the “Amendment”) to the TIF Plan in connection with the removal of the surface parking located within the Redevelopment Area described by the TIF Plan, (2) prepare the Amendment, (3) prepare, negotiate and present this Agreement to the Commission for its consideration and any and all agreements, instruments and certificates that may be necessary to remove the surface parking lot from the Redevelopment Area described by the TIF Plan (collectively, the “TIF Commission Services”). In order to do so, the TIF Commission must retain administrative and professional staff, outside counsel and consultants and incur expenses, but the TIF Commission was without a source of funds to pay such staff, counsel, consultants and expenses.
Savoy requested that the TIF Commission enter into a Funding Agreement, which described the manner in which costs associated with the TIF Commission’s Services would be paid by Savoy.
Enclosed in the TIF Commission’s Packet, as Exhibit 25 was a Funding Agreement by and between the TIF Commission and Savoy. The Funding Agreement contained the TIF Commission’s most recent policies and procedures and had been reviewed and negotiated by staff and legal counsel who recommended its approval.
Kellee Maddinger, White Goss representing the developer, and Bob Long, EDC answered questions of the Commissioners regarding ownership of the parking lot and impact on projected revenues.
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Action taken: APPROVE THE FUNDING AGREEMENT BETWEEN THE TIF COMMISSION AND SAVOY ACQUISITION COMPANY, L.L.C. IN TH CONNECTION WITH THE 9 & CENTRAL TIF PLAN, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 2-12-17).
26. 11th Street Corridor TIF Plan: Consideration of approval of the 25th Round Neighborhood Improvement Fund Grants in connection with the 11th Street Corridor TIF Plan, and other matters related thereto.
Robert Long stated that on January 30, 2017, the 11th Street Corridor TIF’s Neighborhood Improvement Fund’s Advisory Board met to review the status of projects and to consider applications for the Twenty-Fifth Round of the Grant Program.
Fourteen (14) applications with total projects costs of $8,763,713 and seeking $775,772 were submitted for the Twenty-Fifth Round of the Neighborhood Improvement Fund Grant Program. Following an extensive discussion, the Advisory Board adopted a series of motions recommending the approval of fourteen (14) grants with total reimbursable costs of $599,390, plus the annual $50,000 Holiday Lighting allocation, for a total of $649,390 as specified in Exhibit 26.
These projects were summarized as follows:
1. 700 Broadway – Tuckpointing & window repairs 2. 308 W. 8th St. – Exterior tuckpointing & painting 3. 300 W. 12th St. – Exterior HVAC replacement 4. 1055 Broadway – Streetscape/sidewalk repairs 5. 1055 Broadway – Streetscape/security bollards 6. 816 Broadway – Restoration/replacement of decorative metalwork 7. 333 W. 11th St. – Streetscape/alley restoration 8. 1030 Central – Exterior masonry restoration 9. 712 Broadway – Masonry tuckpointing, window repairs, sidewalk repairs 10. 715 Kirk – Exterior masonry repair/repainting 11. 715 Kirk – Cleaning/coating exterior precast concrete façade panels 12. 715 Kirk – Streetscape/sidewalk repair and replacement 13. 905 Broadway – Exterior windows, streetscape/sidewalks and parking 14. 1011 – 1015 Central – Exterior masonry, streetscape/sidewalk, and alley
These fourteen (14) projects represented $8,763,713 of total project investment.
Recommendation: The Advisory Committee recommended approval of the 11th Street Corridor TIF Neighborhood Improvement Fund’s 25th Round Grant Recommendations as set forth by the Advisory Board.
Discussion ensued.
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Chair Circo asked that the Advisory Committee be advised of the reality of continued maintenance of the area once the TIF Plan and revenues terminate.
TH Action taken: APPROVE THE 11 STREET CORRIDOR TIF NEIGHBORHOOD TH IMPROVEMENT FUND 25 ROUND GRANT RECOMMENDATIONS AS SET FORTH BY THE ADVISORY BOARD WITH THE UNDERSTANDING THAT THE TIF HOUSING SUBCOMMITTEE WILL MEET WITH THE TH 11 STREET CORRIDOR ADVISORY BOARD TO DISCUSS ITEMS RELATED TO PROJECT PRIORITIZATION, FUTURE FUNDING AVAILABILITY AND PROVISIONS FOLLOWING TIF CLOSE OUT WITH RESULTS OF THOSE CONVERSATIONS BEING REFLECTED IN MODIFIED FUNDING REQUESTS IN FUTURE YEARS. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. SWEENEY AND CARRIED UNANIMOUSLY (RES 2-13-17).
27. 45TH Street TIF Plan: Consideration of approval of a Termination and Release of Redevelopment Agreement with One East 45th and Main Corporation in connection with the 45th Street TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 8, 2006, the Commission adopted Resolution 11-15- 06, approving the 45th Street Tax Increment Financing Plan (the “Plan”) and recommending the Plan to the City Council of Kansas City, Missouri (the “Council”) for approval. On December 14, 2006, the Council, by Ordinance No. 061321, approved the Plan, which was subsequently amended by Ordinances 070486, 100774, 130879, 150582 and 160354 (collectively, the “Plan”). The Plan, as amended, provided for replacement of the Holiday Inn located at 45th & Main with a state of the art mixed use community consisting of 274,500 square feet of Class A office space, 47,000 square feet of specialty grocery and retail space, a 160 room boutique hotel, 1,060 parking spaces, and a 55,000 square foot public park linking public spaces from the Plaza to Mill Creek Park to Southmoreland Park and the public art museums to the east. On November 8, 2006, the Commission adopted Resolution 11-15-06, approving the 45th Street Tax Increment Financing Plan (the “Plan”) and recommending the Plan to the City Council of Kansas City, Missouri (the “Council”) for approval. On December 14, 2006, the Council, by Ordinance No. 061321, approved the Plan, which was subsequently amended by Ordinances 070486, 100774, 130879, 150582 and 160354 (collectively, the “Plan”). The Plan, as amended, provided for replacement of the Holiday Inn located at 45th & Main with a state of the art mixed use community consisting of 274,500 square feet of Class A office space, 47,000 square feet of specialty grocery and retail space, a 160 room boutique hotel, 1,060 parking spaces, and a 55,000 square foot public park linking public spaces from the Plaza to Mill Creek Park to Southmoreland Park and the public art museums to the east.
On April 4, 2007, the Commission and Marty Development LLC (“Marty Development”) entered into an Agreement for the implementation of the improvements contemplated by the Plan (the “Redevelopment Agreement”) and on June 13, 2007, Marty Development, with the consent of the Commission, assigned its rights, duties and interests and obligations under the Redevelopment Agreement to One East 45th and Main Corporation (“45th & Main Corporation”), pursuant to and in accordance with that certain Assignment and Assumption Agreement, dated June 13, 2017, by and among the Commission, Marty Development and 45th & Main Corporation (the “Funding Agreement”).
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45th & Main Corporation elected not to proceed with implementing the improvements contemplated by the Plan and desired to terminate the Redevelopment Agreement and for 45th & Main and the Commission to each release one another as to any claims that may arise thereunder.
Staff and legal counsel prepared a Termination and Release of Redevelopment Agreement, which terminated the Redevelopment Agreement and provided for a complete and full release by each of 45th & Main and the Commission of all claims arising thereunder. To the extent the Commission found acceptable the terms of the Termination and Release of Redevelopment Agreement, attached as Exhibit 27, staff and legal counsel recommended approval of the same, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE EXECUTION OF THE TERMINATION AND RELEASE OF TH REDEVELOPMENT AGREEMENT WITH ONE EAST 45 AND MAIN TH CORPORATION IN CONNECTION WITH THE 45 STREET TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 2-14-17).
28. Country Club Plaza TIF Plan: Consideration of approval of a Termination and Release of Redevelopment Agreement with the 49th & Main, LLC in connection with the Country Club Plaza TIF Plan, and other matters related thereto.
Wesley Fields stated that on March 12, 1997, the Commission, by Resolution No. 3-1-97, recommended to the Council that it approve the Country Club Plaza Tax Increment Financing Plan (the “Original Plan”). On March 27, 1997, the Council considered Ordinance No. 970374, which provided for the approval of the Original Plan and, pursuant to the authority granted the Council by the Act, the Council approved Ordinance No. 970374 on April 17, 1997. The Original Plan has been subsequently amended by the Council pursuant to Ordinances 050351, 060979 and 160332 (the Original Plan, together with all amendments thereto shall hereafter be referred to as the “Plan”). On March 22, 2007, the Council adopted Ordinance No. 970383, which approved and designated Project Area 9 of the Plan (the “4900 Main Project”).
On October 22, 1997, the Commission and J.C. Nichols Company (“Nichols”) entered into an agreement for implementation of the Plan (the “Original Redevelopment Agreement”). On April 11, 2001, by Resolution No. 4-2-01, the Commission approved the assignment of redevelopment rights, duties, interests and obligations under the Original Agreement as they relate to the 4900 Main Project from Highwoods Realty Limited Partnership (successor in interest to J.C. Nichols Company) to DST, pursuant to the terms and conditions of a Partial Assignment and Assumption Agreement, dated July 10, 2001, between Highwoods Realty Limited Partnership and DST. Subsequent to the DST Partial Assignment, DST transferred title to the 4900 Main Project to BOTB, an affiliate of DST, and BOTB and DST (collectively, the “Assignor”) collectively assigned any and all of their respective rights, titles and interests in and to the 4900 Main Project to 49th & Main, LLC, pursuant to an Assignment and Assumption Agreement, dated September 3, 2014 .
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49th & Main, LLC elected not to proceed to the improvements contemplated by 4900 Main Project and desired to terminate the Redevelopment Agreement and for the Commission and 49th & Main each release one another as to any claims that may arise thereunder.
Staff and legal counsel prepared a Termination and Release of Redevelopment Agreement, which terminated the Redevelopment Agreement and provided for a complete and full release by all parties thereto of all claims arising thereunder. To the extent the Commission found acceptable the terms of the Termination and Release of Redevelopment Agreement, attached as Exhibit 28, staff and legal counsel recommended approval of the same, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Mr. Fields further stated he expected recommendation to terminate the Plan.
Action taken: APPROVE THE EXECUTION OF THE TERMINATION AND RELEASE OF TH REDEVELOPMENT AGREEMENT WITH 49 & MAIN LLC, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 2-15-17).
29. Linwood Shopping Center TIF Plan: Consideration of support of and assistance to the City of Kansas City, Missouri in connection with its issuance of Taxable Special Obligation Bonds, Series 2017 and the approval of a Cooperative Agreement with the City of Kansas City, Missouri in connection with the Linwood Shopping Center TIF Plan, and other matters related thereto.
Action taken: TABLED
30. Midtown TIF Plan: Consideration of support of and assistance to the City of Kansas City, Missouri in connection with its issuance of Special Obligation Refunding Bonds, Series 2017D and the approval of a Cooperative Agreement with the City of Kansas City, Missouri in connection with the Midtown TIF Plan, and other matters related thereto.
Wesley Fields stated that on April 1, 1993, the City Council of Kansas City, Missouri (the “Council”), by Ordinance No. 941127, approved the Midtown Tax Increment Financing Plan (the “Plan”). The Plan subsequently pursuant to Ordinance No. 950731 passed on June 8, 1995, Committee Substitute for Ordinance No. 991390 passed on November 23, 1999, Committee Substitute for Ordinance No. 001466, as amended, passed on May 3, 2001 and Committee Substitute for Ordinance No. 070234 passed on March 8, 2007.
At the request of the City of Kansas City, Missouri (the “City”) and with the assistance of the Commission, The Industrial Development Authority of the City of Kansas City, Missouri (the “Authority”) issued its $47,705,000 Infrastructure Facilities Revenue Bonds (Kansas City, Missouri − Uptown Theater and Midtown Redevelopment Projects) Series 2007A (the “Series 2007A Bonds”) to provide funds to refund two prior series of bonds issued by the Missouri Development Finance Board (the “Board”), including its then outstanding Infrastructure Facilities Revenue Bonds (Kansas City, Missouri - Midtown Redevelopment Project) Series 2000A (the “Series 2000A Midtown Bonds”), which were issued by the Board to finance and refinance that certain redevelopment project authorized by the Plan. The
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Authority, the City and the Commission entered into a Financing Agreement dated as of March 1, 2007 (the “2007A Financing Agreement”), wherein, among other things, the Commission agreed to assign certain PILOTS and EATS generated within the Redevelopment Project Areas described by the Plan to the City in connection with that portion of the Series 2007A Bonds allocable to the Redevelopment Project Costs identified by the Plan.
The City of Kansas City, Missouri requested that the Commission support and assist it in its issuance of Special Obligation and Refunding Bonds (Kansas City, Missouri Projects), Series 2017D (the “Series 2017D Bonds”) pursuant to that certain Trust Indenture (the “Trust Indenture”), dated March 1, 2017, by and between the City and UMB Bank, N.A., as trustee (the “Trustee”) so that a portion of the proceeds from sale of such Bonds may be used (a) to refund the $17,425,000 Outstanding Series 2007A Bonds and (b) to pay certain costs related to the issuance of the 2017D Bonds by approving and entering into a Cooperative Agreement with the City, in a form substantially similar to Exhibit 30 attached to the Commission’s Board Packet, and which provided, inter alia, for the Commission to transfer to the Trustee PILOTS and EATS generated and collected from the Redevelopment Project Areas identified by the Plan.
Staff and legal counsel met with the representatives of City of Kansas City, Missouri and recommended that the Commission (1) assist and support the City of Kansas City, Missouri in its issuance of the 2017D Bonds so that a portion of the proceeds from sale of such Bonds may be used (a) to refund the $17,425,000 Outstanding Series 2007A Bonds and (b) to pay certain costs related to the issuance of the 2017D Bonds and (2) approve the form of the Cooperative Agreement and such other certificates and instruments approved by the Chair and legal counsel in connection with the City of Kansas City, Missouri’s issuance of the 2017D Bonds.
Dan Bagunu, City Finance, answered questions of the Commissioners.
Action taken: APPROVE A RESOLUTION TO ASSIST AND SUPPORT THE CITY OF KANSAS CITY, MISSOURI IN THE ISSUANCE OF SPECIAL OBLIGATION AND REFUNDING BONDS (KANSAS CITY PROJECTS) SERIES 2017D AND A COOPERATIVE AGREEMENT AND SUCH OTHER CERTIFICATES AND INSTRUMENTS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. HENNEN, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 2-16-17).
Commissioner Sweeney departed at this time.
EXECUTIVE SESSION
31. Consideration of legal matters, real estate matters, sealed bids or proposals, or confidential communications between the Commission and its auditor, pursuant to Section 610.021(1), (2), (12),or (17), RSMo, respectively.
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Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: March 8, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash Jason Parson Jeffrey Williams
TAXING DIST: Jim Malle, Jackson County Bruce Eddy, other Shannon Jaax, Kansas City School District - teleconference Kevin Masters, Kansas City School District Paul Harrell, North Kansas City School District Ted Graves, Clay County Freddie Nichols, Clay County, other Frank Offutt, Platte County Jim Staley, Mid Continent Library, other
ABSENT: Calvin Williford, Jackson County Scott Jacoby, Jackson County Jerry Nolte, Clay County Dagmar Wood, Platte County Debbie Siragusa, Jackson County, other Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District John Elliott, Platte County William Brown, Platte County other Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Allan Markley, Raytown School District Steve Shelton, Raytown School District Dennis Carpenter, Hickman Mills School District Darrell Curls, Hickman Mills School District
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} Sharon Nibbelink, Center School District Michael Weishaar, Center School District
STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Steve Reynolds Jim Erickson Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Herb Hardwick, Hardwick Law Dan Bagunu, KCMO Kellee Madinger, White Goss Jim Noland, Stern Brothers Jim Miller, DST Steve Vockrodt, Kansas City Star Richie Benninghaven, Briarcliff Ferd Niemann, White Goss Ed Linnebur, NNI
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Jason Parson, Jeffrey Williams, Jim Malle (Jackson County), Bruce Eddy (other), Paul Harrell (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Troy Nash, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Jerry Nolte (Clay County), Ron Schieber (Platte County), and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the February 8, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 2 • Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action and Contract Compliance Subcommittee did not meet prior to the Board Meeting. The January 2017 reports were attached for review.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on February 24, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
Michael Keenan stated that the TIF Accounting & Financial Reporting transition would continue the monitoring stage while running parallel systems through February.
Action taken: NONE; INFORMATION ONLY.
Commissioner Nash arrived at this time.
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Jason Parson stated that the Neighborhood & Housing Subcommittee met March 7, 2017 which concluded in a very productive meeting. Legal counsel would present actions taken later in the agenda. The March 2017 report was attached for review.
Heather Brown stated that the Subcommittee was scheduled to meet again March 9th to review the 11th Street Corridor TIF Plan Neighborhood Grant Program.
Action taken: NONE; INFORMATION ONLY.
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action recommended: NONE; INFORMATION ONLY.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 3 7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown stated that the TIF Commission had participated in a nationwide SEC continuing disclosure audit in which issues had been identified and corrected. A notice was recently received that the SEC would not pursue any enforcement against the Commission and the matter was now closed.
Action recommended: NONE; INFORMATION ONLY.
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, and Frank Offutt (other). Absent were: Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
8. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the February 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 PLATTE COUNTY/PLATTE RIII- PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. HENNEN AND CARRIED UNANIMOUSLY.
9. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for March 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
KCI TIF Plan: Consideration of certification of costs totaling $12,747.32, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $12,747.32 Use of funds: Street Improvements Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 4 EATs reporting requirement: 74%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 94% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Street Improvement Project 7B Old Tiffany Springs Road, Engineering Cost Project 7B and related Legal Fees and Construction Interest. A portion of the request would be paid from a bond draw—see schedule below. Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 8,292.32 $ 4,455.00 $ 12,747.32
Recommendation: Approve certification of costs totaling $12,747.32 and related bond draw of $8,292.32.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED (RES 3-1-17).
10. KCI Corridor TIF Plan: Consideration to appoint John Elliott to the KCI Corridor TIF Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the Platte County Commission appointed Commissioner John Elliott to the KCI Corridor Advisory Committee replacing Commissioner Ron Schieber, who would now serve as alternate appointee in Mr. Elliott’s absence. Commissioner Dagmar Wood would also serve as an alternate appointee to the Advisory Committee.
The KCI Corridor Advisory Committee was informed of the changes.
Commissioner Offutt abstained from voting.
Action taken: APPROVE JOHN ELLIOTT AS THE PLATTE COUNTY COMMISSION REPRESENTATIVE AND RON SCHIEBER AND DAGMAR WOOD AS ALTERNATE APPOINTEES TO THE KCI CORRIDOR ADVISORY COMMITTEE. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED (RES 3-2-17).
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 5 PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Ted Graves (Clay County), Freddie Nichols (Clay County other). Absent were: Ron Schieber (Platte County), Jerry Nolte (Clay County), Mike Reik (Platte R-III School District), and Angie Hughes (Platte R-III School District).
11. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of February 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
12. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for March 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Barrytowne TIF Plan: Consideration of certification of costs totaling $87,519.27, and other matters related thereto.
Request from: Pedcor Investments, LLC Total amount requested: $87,519.27 Use of funds: NID Assessments Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Barry Towne NID Assessments were not required to report. EATs reporting requirement: 82%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Certifier analyzed the submission from Pedcor Investments, LLC.
Recommendation: Approve certification of costs totaling $87,519.27.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 6 Barrytowne TIF Plan: Consideration of certification of costs totaling $163,104.33, and other matters related thereto.
Request from: Star Carrington KC, LLC Total amount requested: $163,104.33 Use of funds: NID Assessments: Carrington Park Apartments Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Barry Towne NID Assessments were not required to report. EATs reporting requirement: 82%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Certifier analyzed the submission from Star Carrington KC, LLC.
Recommendation: Approve certification of costs totaling $163,104.33.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED (RES 3-3-17).
13. Platte Purchase Development TIF Plan: Consideration of approval to appoint Platte County representative John Elliott to the Platte Purchase Development Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that due to the recent election of new Platte County Commissioners it was necessary to replace those representatives on the Platte Purchase Development Advisory Committee. Commissioner John Elliott had been appointed as the TIF Commission representative replacing Commissioner Ron Schieber, who would now serve as an alternate appointee in Mr. Elliott’s absence. Commissioner Dagmar Wood would also serve as an alternate appointee to the Advisory Committee.
The Platte Purchase Development Advisory Committee was informed of the changes and recommended approval.
Chair Circo noted that the Advisory Committee was still lacking neighborhood representatives and requested that staff address with the Committee.
Action taken: APPROVE JOHN ELLIOTT AS THE PLATTE COUNTY COMMISSION REPRESENTATIVE AND RON SCHIEBER AND DAGMAR WOOD AS ALTERNATE APPOINTEES TO THE PLATTE PURCHASE DEVELOPMENT ADVISORY COMMITTEE. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 3-4-17).
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 7 CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Ted Graves (Clay County), Freddie Nichols (Clay County other)and Paul Harrell (North Kansas City School District). Absent were: Jerry Nolte (Clay County), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
14. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the February 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. NICHOLS AND CARRIED UNANIMOUSLY.
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Ted Graves (Clay County), Freddie Nichols (Clay County other), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Jerry Nolte (Clay County) and Terry Ward (North Kansas City School District).
15. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the February 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
16. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for March 8, 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 8 Antioch Crossing TIF Plan: Consideration of certification of costs totaling $2,639,379.30, and other matters related thereto.
Request from: Antioch Redevelopment Partners, LLC. Total amount requested: $2,639,379.30 Use of funds: Redevelopment Project Expenses. Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 63%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Note: Project Expenses include Site Improvements, Demolition, Hard Construction, Interest and Financing Cost, Permits, Inspections, Platting, Zoning and Contingencies.
Recommendation: Approve certification of costs totaling $2,639,379.30.
North Oak TIF Plan: Consideration of bond draw totaling $21,810.90, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $21,810.90 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
Bond Project Draw Funds Portion Portion Total North Oak TIF Plan - Administrative Fees Sandra Askren - Inv 36 1,346.40 - 1,346.40 - Administrative Fees Patty Myers - Inv 37 1,498.50 - 1,498.50 - Johnson's Construction LLC - Inv 1117 9,990.00 - 9,990.00 - Penn Tech, Inc - Inv 16-3178 8,976.00 - 8,976.00 21,810.90$ 21,810.90$ -$ $ 21,810.90
Note: The draw was for $2,844.90 Administrative Fees and $18,966.00 subcontractors reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve bond draw totaling $21,890.90.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 9 Parvin Road TIF Plan: Consideration of certification of costs totaling $83,550.40, and other matters related thereto.
Request from: Hunt Midwest Real Estate Development, Inc. Total amount requested: $83,550.40 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 73%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 93% (1st half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Project 1, 3A, 3B and 3D Interest Expense. Project 4 Professional Services and Interest Expense. Pay Application # 102.
Recommendation: Approve certification of costs totaling $83,550.40.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. HARRELL AND CARRIED (RES 3-6-17).
PUBLIC HEARING – 9:15 AM
ROLL CALL
17. Vivion Point TIF Plan: Consideration of approval of the Vivion Point TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the developer had engaged White Goss to assist in completion of the TIF process in connection with their project.
Commissioner Williams recommended they further contact the City’s Land Development Division.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:45 AM APRIL 12, 2017. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 3-5-17).
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 10 18. Briarcliff West TIF Plan: Consideration of appointment of a Successor Remarketing Agent for the Series 2006B Bonds for the Briarcliff West TIF Plan, and other matters related thereto.
Steve Sparks stated that in 2006 the Commission issued its Variable Rate Demand Taxable Tax Increment Revenue Bonds Series 2006B for the Briarcliff West Project. At that time the Commission appointed Stern Brothers & Co. as its agent to perform the services of Remarketing Agent as set forth in a Remarketing Agreement by and among the Commission, Briarcliff Development and Stern Brothers & Co.
The 2006 Bonds were currently secured by a letter of credit issued by Key Bank. The Remarketing Agent under the Remarketing Agreement conducts certain activities in the secondary market with respect to the Series 2006B Bonds. One of those duties is to determine the rate of interest for the Series 2006B Bonds during each interest rate period for a bond at which interest accrues at a weekly reset rate.
Briarcliff Development Company requested that Stern Brothers & Co. resign its position as Remarketing Agent and that KeyBanc Capital Markets be appointed as successor Remarketing Agent under the Remarketing Agreement. The Remarketing Agreement provided that the Remarketing Agent may at any time resign upon providing 30 days prior written notice to the Redeveloper, the Commission, KeyBanc (as Credit Enhancer) and the Bond Trustee.
The Bond Indenture further provided that if the Remarketing Agent resigns, Briarcliff Development Company, with the written consent of the Commission and the Credit Enhancer, shall promptly appoint a Successor Remarketing Agent and that the consent shall not be unreasonably withheld.
Counsel to the Commission reviewed the documentation relating to the removal of Stern Brothers & Co. as Remarketing Agent and the appointment of KeyBanc Capital Markets as Successor Remarketing Agent (as included in the Commission’s packet) and recommended approval of the appointment of KeyBanc Capital Markets as Successor Remarketing Agent for the Series 2006B Bonds, subject to completion of documentation acceptable to legal counsel, the Chair and staff to the Commission.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE APPOINTMENT OF KEYBANC CAPITAL MARKETS AS SUCCESSOR REMARKETING AGENT FOR THE SERIES 2006B BONDS, SUBJECT TO COMPLETION OF DOCUMENTATION ACCEPTABLE TO LEGAL COUNSEL, THE CHAIR AND STAFF TO THE COMMISSION. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED (RES 3-7-17).
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 11 19. North Oak TIF Plan: Consideration of approval of the Fourth Amendment of the North Oak Housing Program Delivery Services Agreement between the TIF Commission and Northland Neighborhood, Inc. in connection with the ENCORE Housing Program for the North Oak TIF Plan, and other matters related thereto.
Herb Hardwick stated that on February 24, 2005, the City Council passed Committee Substitute for Ordinance No. 050104, approving the North Oak Tax Increment Financing Plan (the Redevelopment Plan) and designated the Redevelopment Area described therein that is generally bounded by I-29 on the North, city limits of Kansas City, Missouri on the South, I- 35 on the East and North Main Street on the West (the “Redevelopment Area”). The City subsequently amended the North Oak Tax Increment Financing Plan by Committee Substitute for Ordinance No. 060534, by Committee Substitute for Ordinance No. 070996, by Committee Substitute for Ordinance No. 090832, by Ordinance No. 10083, by Ordinance No. 100705, by Ordinance No. 120712, and by Ordinance No. 160670 (collectively, the “Plan”).
The Enhancing Neighborhoods by Concentrating Organization, Resources and Energy (E.N.C.O.R.E.) (the “North Oak Housing Program”) as set forth in the Fourth Amendment to the Plan (approved pursuant to Ordinance No. 090832), is a program which envisions that in order to address the blighted conditions within the Redevelopment Area, it is necessary to preserve, rehabilitate and construct safe residential structures and complete necessary utility and street improvements within the Redevelopment Area. A portion of the payments in lieu of taxes (“PILOTS”) and economic activity taxes (“EATS”) as defined in the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 through 99.865, as amended (the “TIF Act”) generated and collected within the Redevelopment Area are used to support the North Oak Housing Program. Pursuant to Ordinance No. 090832, the Plan provided that the Commission would administer the North Oak Housing Program, which may include administration through one or more “Program Delivery Contractors” with established ties to the City of Kansas City, Missouri (the “City”) and Commission and which were familiar with housing programs within the City.
The E.N.C.O.R.E. Advisory Committee recommended that the Commission extend the Agreement for one (1) year beginning January 1, 2017 and ending December 31, 2017 with Northland Neighborhoods, Inc., which shall provide that Northland Neighborhoods, Inc. shall develop, distribute and process loan/grant applications; develop applicant approval procedures; establish and implement rehabilitation, construction contractor qualification criteria; pre-approve loan applications and eligibility criteria within the North Oak Housing Program facilitate the loan closing, including document preparation and recording; and perform rehabilitation and construction inspection activities (Collectively, the Program Delivery Services”).
Attached to the Commission Board Packet as Exhibit 19, was the Fourth Amendment to Agreement: Terms and Conditions of North Oak Housing Program Delivery Services between the TIF Commission and Northland Neighborhoods, Inc. to provide certain the Program Delivery Services in connection with the North Oak Housing Program.
Further the Advisory Committee recommended that the Scope of Services with Northland Neighborhoods, Inc. be expanded to include the management and administration of the Façade and Site Program and the same shall be known as the North Oak Façade and Site Program.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 12 The Façade and Site Program was designed to make exterior improvements to commercial properties in an effort to improve the aesthetic appearance of the corridor, increase commercial utility of sites along the corridor, and prolong the useful life of the existing commercial building stock. The geographic boundaries for the program were businesses that were adjacent to North Oak Trafficway between 33rd Street (KCMO City Limit) on the south and 46th Street on the north. This area was identified within the North Oak TIF Plan as one with a high concentration of blighted buildings. While there was currently considerable commercial activity within the target area, physical conditions had only slightly changed since the creation of the Plan. The North Oak Façade and Site Program was created to stimulate investment within the corridor to promote physical improvements that would increase the aesthetic appeal and attract new businesses.
The TIF Neighborhood and Housing Subcommittee was scheduled to consider this matter on March 7, but did not have a quorum. The Chairman of the Subcommittee was briefed and concurred with the recommendation of the Advisory Committee.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE FOURTH AMENDMENT TO THE NORTH OAK HOUSING PROGRAM DELIVERY SERVICES AGREEMENT BETWEEN THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI AND NORTHLAND NEIGHBORHOODS, INC. IN CONNECTION WITH THE NORTH OAK TIF PLAN, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. HARRELL, SECONDED BY MR. WILLIAMS AND CARRIED (RES 3-8- 17).
Commissioner Parson stepped out at this time.
JACKSON COUNTY/HICKMAN MILLS AGENDA ITEMS
Responding to the roll call for the Jackson County/Hickman Mills TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), and Jim Staley (other). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Dennis Carpenter (Hickman Mills School District), and Darrell Curls (Hickman Mills School District).
20. Consideration of acceptance of the Jackson County/Hickman Mills TIFC Minutes, and other matters related thereto.
Minutes of the October 14, 2015 Jackson County/Hickman Mills meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE OCTOBER 14, 2015 JACKSON COUNTY/HICKMAN MILLS MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 13 21. Consent Agenda: Consideration of the Consent Agenda for Jackson County/Hickman Mills, and other matters related thereto.
The Consent Agenda items for March 2017 included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
Sante Fe TIF Plan: Consideration of certification of costs totaling $2,206,239.00, and other matters related thereto.
Request from: Pursell Mid-City Development, LLC. Total amount requested: $2,206,239.00 Use of funds: Developer Cost Cost certifier: DL Weaver & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100 % Compliant
Notes: Mine stabilization, Land Reclamation, professional fees and incidental costs.
Recommendation: Approve certification of costs totaling $2,206,239.00
87th & Hillcrest TIF Plan: Consideration of certification of costs totaling $123,751.00, and other matters related thereto.
Request from: Foley Industries, Inc. Total amount requested: $123,751.00 Use of funds: TIF Commission Expenses and Finance Charges Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100 % Compliant
Recommendation: Approve certification of costs totaling $123,751.00
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/HICKMAN MILLS, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. SWEENEY AND CARRIED UNANIMOUSLY (RES 3-9-17).
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 14 JACKSON COUNTY/KCMO AGENDA ITEMS
PUBLIC HEARING – 9:45 AM
Responding to the roll call for the 9th & Central TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash, Jeffrey Williams, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Bruce Eddy (other), Shannon Jaax (Kansas City School District) via teleconference, and Kevin Masters (Kansas City School District). Absent were: Jason Parson, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), and Debbie Siragusa (other).
22. 9th & Central TIF Plan - Second Amendment: Consideration of approval of the Second Amendment of the 9th & Central TIF Plan, and other matters related thereto.
Bob Long stated that the purpose of the hearing was to consider the Second Amendment to the 9th & Central TIF Plan (“the Plan”).
Redevelopment Area: The Redevelopment Area as described by the Plan was generally bound by W. 9th Street on the north, Wyandotte Street on the east, W. 10th Street on the south and Central Street on the west, in Kansas City, Jackson County, Missouri (the “Redevelopment Area”).
Notices: A public hearing regarding the proposed 2nd Amendment of the 9th & Central TIF Plan was scheduled for 9:45 a.m., Wednesday, March 8, 2017, in the TIF Commission’s offices. Notice was sent to all affected taxing jurisdictions by certified mail on January 29, 2017. Notices were published in THE PULSE on February 7, 2017 and February 27, 2017, in the CALL on February 10, 2017 and March 3, 2017, and in the HISPANIC NEWS on February 9, 2017 and March 2nd, 2017. Notices were mailed, via certified mail, to property owners on February 24, 2017. All notices were provided as required under the Missouri TIF statute.
Proposed Second Amendment: The proposed 2nd Amendment of the 9th & Central Tax Increment Financing Plan provided for the removal of one parcel from the Redevelopment Plan Area and Redevelopment Project Area A and the amendment of the legal description and map to reflect that change to the Redevelopment Plan Area and Redevelopment Project Area A.
Required Statutory Findings: In connection with the consideration of the Second Amendment of the 9th & Central TIF Plan, staff recommendation did not affect the TIF Commission's previous statutory findings including:
Blighted Area The Redevelopment Area, on the whole, was a Blighted area.
Expectations for Development The Redevelopment Area, on the whole, had not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 15
Conforms to Comprehensive Plan of City The 9th & Central TIF Plan conformed to the City’s comprehensive plan.
Date to Adopt Redevelopment Project The 9th & Central TIF Plan did not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan.
Date to Complete Redevelopment The 9th & Central TIF Plan did not establish or set forth estimated dates to complete any potential Redevelopment Projects, each of which would be scheduled to be completed not more than twenty-three (23) years from the adoption of any Ordinance approving the Redevelopment Project.
Date to Retire Obligations In the event Obligations were issued to finance Redevelopment Project Costs, it was anticipated that such Obligations would be retired in less than twenty-three (23) years from the adoption of the Ordinance approving the last Redevelopment Project approved by the City Council from which TIF Revenue was utilized to pay principal and interest on such Obligations.
Acquisition by Eminent Domain The 9th & Central TIF Plan did not contemplate that any property located within a Redevelopment Project Area would be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
Relocation Assistance The 9th & Central TIF Plan did not contemplate the relocation of any resident or business pursuant to the City’s relocation policy.
Cost-Benefit Analysis The 9th & Central TIF Plan provided for a cost-benefit analysis approved by the City, which would assess the economic impact of each future Project of the Plan on each affected Taxing District and would provide sufficient information to evaluate whether the Redevelopment Projects, as proposed by any future Amendment to this Plan, were financially feasible.
Gambling Establishment The 9th & Central TIF Plan did not include the initial development or redevelopment of any gambling establishment as defined in the Act.
Staff recommended that the Commission approve and recommendation to the City Council.
Ferd Niemann, White Goss representing the developer, noted they had met with the taxing jurisdictions and further answered questions of the Commissioners.
Bob Long stated that the original redeveloper would maintain ownership of the parking lot and no intention to seek TIF funding.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 16 Mr. Niemann confirmed that the goal was to remove the parking lot out of the TIF Plan and return it to the tax rolls. It would eventually be available for sale and redevelopment. It would remain a parking lot at this time and was being used as a construction staging area for the project.
Chair Circo opened the floor for comments.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. HENNEN, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY (RES 3-10-17).
TH APPROVE THE SECOND AMENDMENT TO THE 9 & CENTRAL TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 3-11-17).
23. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the February 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE FEBRUARY 8, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
24. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for March 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $32,265.00, and other matters related thereto.
Request from: DST Realty on Behalf of Broadway Square Partners Total amount requested: $32,265.00 Use of funds: Streetscape Improvements Cost certifier: DL Weaver and Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 14%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). The developer was making good faith efforts to obtain required EATs documents.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 17 Notes: 301 W. 11th Street Award of Assistance 24th Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 24-4). Remove and replace sidewalk with curb and new granite pavers.
Recommendation: Approve certification of costs totaling $32,265.00.
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $94,731.00, and other matters related thereto.
Request from: JJM & Co Total amount requested: $94,731.00.00 Use of funds: Façade Improvements Cost certifier: DL Weaver and Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 14%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). The developer was making good faith efforts to obtain required EATs documents.
Notes: 1020 Central Award of Assistance 21st Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 21-1). Work performed was window restoration.
Recommendation: Approve certification of costs totaling $94,731.00.
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $148,967.51, and other matters related thereto.
Request from: JJM & Co Total amount requested: $148,967.51 Use of funds: Façade Improvements Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 14%, please note that the low percentages were due to the new reporting cycle (2nd half 2016) beginning January 1, 2017. Last reporting cycle was 100% (1st half 2016). The developer was making good faith efforts to obtain required EATs documents.
Notes: 1020 Central Award of Assistance 17th Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 17-13). Work performed was Stone and Masonry restoration at 1030 Central.
Recommendation: Approve certification of costs totaling $148,967.51.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 18 Pershing Road TIF Plan: Consideration of certification of costs totaling $13,748,656.13, and other matters related thereto.
Request from: Pershing Road Development Company Total amount requested: $13,748,656.13 Use of funds: Finance Interest Cost Cost certifier: DL Weaver Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: 100%, Compliant
Recommendation: Approve certification of costs totaling $13,748,656.13.
Universal Floodwater Detention TIF Plan: Consideration of certification of costs totaling $1,782,142.86, and other matters related thereto.
Request from: City of Kansas City, Missouri Total amount requested: $1,782,142.86 Use of funds: Storm Water Improvements Cost certifier: Ralph C. Johnson & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% Compliant
Notes: Storm Water Detention Facility Construction and Improvements.
Recommendation: Approve certification of costs totaling $1,782,142.86
Commissioner Masters requested for the record that this cost certification would close out any eligible costs on the old projects.
Heather Brown confirmed.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MR. HENNEN, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 3-12-17).
25. 11th Street Corridor TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23 year statutory period for the capture of tax increment allocation financing within Project E identified by the 11th Street Corridor Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Project E, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 921355, on December 10, 1992, approved the Eleventh Street Corridor Tax Increment Financing Plan (the “Eleventh Street TIF Plan”) and designated an area described by the TIF Plan as a redevelopment area (the “Redevelopment Area”). On the same day, Committee Substitute for Ordinance No. 921360, approving tax increment financing for Project E of the TIF Plan, was also passed.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 19 The redevelopment area described by the Plan was generally bound by E. 9th Street on the north, E. 12th Street on the south, Wyandotte Street on the west, and Main Street on the east in Kansas City, Jackson County, Missouri.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23 year statutory period for the capture of tax increment allocation financing within the Redevelopment Project E had expired and that the City Council pass an ordinance terminating the designation of Redevelopment Phase E.
Ms. Brown further noted efforts were being coordinated with the County to ensure the projects returned to the tax rolls.
Michael Keenan confirmed that SAF accounts were segregated by Plans not by projects.
Ms. Brown stated that revenues from most of the projects in the 11th Street Corridor TIF Plan were directed into the SAF and used for all projects, however, were prioritized.
Commission Masters requested that staff routinely provide information regarding whether budgets were bundled together.
Commissioner Parson returned at this time.
Action taken: APPROVE THE RECOMMEND THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1)ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN THE REDEVELOPMENT PROJECT E HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE TH DESIGNATION OF THE PROJECT E OF THE 11 STREET CORRIDOR TIF PLAN. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 3-13-17).
26. 12th & Wyandotte TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge the 23 year statutory period for the capture of tax increment allocation financing within Project 1 identified by the 12th& Wyandotte Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Project 1, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 921351on December 10, 1992, approved the 12th & Wyandotte Tax Increment Financing Plan (the “TIF Plan”) and designated an area described by the TIF Plan as a redevelopment area (the “Redevelopment Area”). On December 17, 1992, Ordinance No. 921352, approving tax increment financing for Project 1of the TIF Plan, was also passed.
The redevelopment area described by the Plan was generally bound by 11th Street on the north, Baltimore Street on the east, 13th and 12th Streets on the south and Wyandotte Street and Central Street on the west in Kansas City, Jackson County, Missouri.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 20 Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23 year statutory period for the capture of tax increment allocation financing within the Project 1 had expired and that the City Council pass an ordinance terminating the designation of Project 1.
Action taken: APPROVE THE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1)ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN THE REDEVELOPMENT PROJECT 1 HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TH TERMINATING THE DESIGNATION OF THE PROJECT 1 OF THE 12 & WYANDOTTE TIF PLAN. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 3-14-17).
27. Judicial Square TIF Plan: Consideration of approval of a Funding Agreement between the TIF Commission and 1301 Office Level, LLC, in connection with the Judicial Square TIF Plan, and other matters related thereto.
Wesley Fields stated that 1301 Office Level, LLC (“Office Level”), in connection with its acquisition of certain property located within the Redevelopment Area described by the Judicial Square Tax Increment Financing Plan, as amended, (the “TIF Plan”), had requested that the TIF Commission consider consenting to Judicial Square, LLC’s assignment of its rights, duties, interests and obligations under that certain Redevelopment Agreement, dated September 12, 2003, by and between the TIF Commission and Judicial Square, LLC. Specifically, Office Level had requested that the TIF Commission (1) prepare all necessary documents, provide all statutory public notices and participate in public meetings to consider an Assignment and Assumption Agreement and a new or amended Redevelopment Agreement with Office Level in connection with the TIF Plan and (2) prepare, negotiate and present the Assignment and Assumption Agreement and the new or amended Redevelopment Agreement to the Commission for its consideration and any and all agreements, instruments and certificates in connection with the TIF Plan (collectively, the “TIF Commission Services”). In order to do so, the TIF Commission must retain administrative and professional staff, outside counsel and consultants and incur expenses, but the TIF Commission was without a source of funds to pay such staff, counsel, consultants and expenses.
Office Level requested that the TIF Commission enter into a Funding Agreement, which described the manner in which costs associated with the TIF Commission’s Services shall be paid by Office Level.
Enclosed in the TIF Commission’s Packet, as Exhibit 27 was a Funding Agreement by and between the TIF Commission and Office Level. The Funding Agreement contained the TIF Commission’s most recent policies and procedures and had been reviewed and negotiated by staff and legal counsel who recommended its approval.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 21 Action taken: APPROVE THE FUNDING AGREEMENT BETWEEN THE TIF COMMISSION AND 1301 OFFICE LEVEL, LLC, IN CONNECTION WITH THE JUDICIAL SQUARE TIF PLAN, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. PARSON, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY (RES 3-15-17).
28. Linwood Shopping Center TIF Plan: Consideration of approval support of and assistance to City of Kansas City, Missouri in connection with its issuance of Taxable Special Obligation Bonds, Series 2017 and the approval of a Cooperative Agreement with the City of Kansas City, Missouri in connection with the Linwood Shopping Center Tax Increment Financing Plan, and other matters related thereto.
Wesley Fields stated that on June 16, 2016, the City Council of Kansas City, Missouri (the “Council”) passed Ordinance No. 160448 (the “Ordinance”) approving the Linwood Shopping Center Tax Increment Financing Plan (the “Plan”) and designating an area described thereby as a “Redevelopment Area”. The Redevelopment Area is approximately 11.5 acres and consists of three (3) Redevelopment Project Areas. The Plan provided for the construction of an approximately 38,000 square foot grocery store and the renovation of approximately 26,000 square feet of additional retail space, together with surface parking and landscaping (the “Plan Improvements”).
The City intends to issue Taxable Special Obligation Bonds, which shall be designated the Series 2017A Bonds (the “Series 2017A Bonds”), to provide funds, at least in part, to fund, among other things, (a) Redevelopment Project Costs identified by the Plan that relate to the Plan Improvements, (b) capitalized interest related to the Plan Improvements, and (c) costs of issuance related to the Plan Improvements, pursuant to a Trust Indenture dated as of March 1, 2017, by and between the City and UMB Bank, N.A., as Trustee (the “Indenture”).
The City of Kansas City, Missouri had requested that the Commission support and assist it in its issuance of Series 2017A Bonds by approving and entering into a Cooperative Agreement with the City, in a form substantially similar to Exhibit 28 attached to the Commission’s Board Packet, and which provided, inter alia, for the Commission to transfer to the City (or the Trustee at the direction of the City economic activity taxes generated and collected from the Redevelopment Project Areas identified by the Plan.
Staff and legal counsel met with the representatives of City of Kansas City, Missouri and recommended that the Commission (1) assist and support the City of Kansas City, Missouri in its issuance of the Series 2017A Bonds so that a portion of the proceeds from sale of such Bonds may be used to reimburse certified Redevelopment Project Costs that relate to the Linwood Improvements and (2) approve the form of the Cooperative Agreement and such other certificates and instruments approved by the Chair and legal counsel in connection with the City of Kansas City, Missouri’s issuance of the Series 2017A Bonds.
Mr. Fields noted that the Series 2017A covered only the Linwood Project.
Dan Bagunu stated that the TIF portion of the bonds were currently being sized at just over $16 million which was 100% of the project.
Discussion ensued.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 22 Commissioner Eddy requested for the record that the Minutes reflect the fact that this body’s role is limited.
Commissioner Hennen stated the Commission was merely acknowledging the funding mechanism the City desired to utilize and the portion of the debt obligated to the project which was wrapped into a much larger bond issue.
Commissioner Nash departed at this time.
Action taken: APPROVE THE RESOLUTION TO ASSIST AND SUPPORT THE CITY OF KANSAS CITY, MISSOURI IN THE ISSUANCE OF SPECIAL OBLIGATION BONDS (KANSAS CITY PROJECTS) SERIES 2017A AND APPROVAL OF A COOPERATIVE AGREEMENT AND SUCH OTHER CERTIFICATES AND INSTRUMENTS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 3-16-17).
29. Linwood Shopping Center TIF Plan: Consideration of approval of a Financing Agreement with the City of Kansas City, Missouri in connection with the Linwood Shopping Center Tax Increment Financing Plan, and other matters related thereto.
Wesley Fields stated that on June 16, 2016, the City Council of Kansas City, Missouri (the “Council”) passed Ordinance No. 160448 (the “Ordinance”) approving the Linwood Shopping Center Tax Increment Financing Plan (the “Plan”) and designating an area described thereby as a “Redevelopment Area”. The Redevelopment Area was approximately 11.5 acres and consisted of three (3) Redevelopment Project Areas. The Plan provided for the construction of an approximately 38,000 square foot grocery store and the renovation of approximately 26,000 square feet of additional retail space, together with surface parking and landscaping (the “Plan Improvements”). The Plan provides that the estimated Redevelopment Project Costs to implement the Plan Improvements contemplated by the Plan are approximately $14,944,416.
The City of Kansas City, Missouri desired to enter into a Financing Agreement in a form substantially similar to Exhibit 29, attached hereto, which shall provide that the City, subject to the terms and conditions of the Financing Agreement, shall contribute to the Commission additional financing for the Plan Improvements by committing, subject to actual appropriation and collection, in addition to the revenues available under the Act, the total additional revenue from taxes which were imposed by the City and generated by economic activities within the Redevelopment Project Areas, which were not subject to capture, in accordance with the Act, and would otherwise be deposited into the City’s general municipal funds (the “Additional City EATS”), which shall be used by the Commission to reimburse Redevelopment Project Costs that had been certified by the Commission.
The Financing Agreement, attached as Exhibit 29, to the Commission Board Packet had been prepared by legal and reviewed by staff and it contained the Commission’s most recent policies and procedures. To the extent the Commission found acceptable the terms of the Financing Agreement as described in the agenda item and as more particularly set forth on Exhibit 29, staff and legal counsel recommended approval.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 23 Action taken: APPROVE THE FINANCING AGREEMENT BETWEEN THE CITY OF KANSAS CITY, MISSOURI AND THE TAX INCREMENT FINANCING COMMISSION, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 3-17-17).
30. Universal Floodwater Detention TIF Plan: Consideration of a presentation by the City of Kansas City, Missouri regarding the Universal Floodwater Detention Tax Incrementing Financing Plan, and other matters related thereto.
Mario Vasquez, KCMO Public Works Department, provided an informational presentation regarding how the City proposed to proceed with the Universal Floodwater TIF Plan.
The Plan included a four mile corridor from I-435 on the east to I-35/I-29 on the west which carried approximately 30,000 vehicles per day consisting of 6% truck traffic. In 2010-2011, MODOT completed improvements at both interchanges creating a gap between the two interchanges that required attention. In 2010, the City entered into a MOU with MODOT whereby the City agreed to design and acquire all right-of-way necessary to improve Front Street with MODOT completing the construction. However, MODOT was not now in a position to complete the improvements. In the interim, the City acquired a $3 million federal grant for the right-of-way acquisition and allocated an additional $1.2 million for engineering design services, as well as allocated an additional $1.2 million matching funds. Not having the ability to construct improvements in the future, the City constructed a plan to spend the resources already allocated.
The City proposed to use the current resources by making an improvement to the Chouteau and Front Street interchange in the amount of approximately $4.2 million. At this time, the City requested the Commission to consider an amendment allowing extension of the improvements from the intersection of Chouteau to Universal, which would tie into the improvements completed in 2010-2011. The costs were an estimated $11 million which created a funding gap of approximately $7 million. Schedule of completion of the work included design completion by end of Fall 2017, advertising for bid later in the winter and construction 2018 with an expected 14-18 month timeline.
Mr. Vasquez stated that the corridor was identified in the City’s Comprehensive Plan as a key job corridor. The significant need in the corridor included roadway conditions due to the heavy truck traffic, inadequate drainage systems, substandard storm water systems, and pedestrian facilities/infrastructure. The City requested bringing forward an amendment for future consideration.
Discussion ensued.
Mr. Vasquez identified the current Plan boundaries and the proposed additional area.
Heather Brown stated that an amendment would be necessary in order to amend the budget, therefore, amendment of the Plan boundaries to include the proposed improvement area could also be included.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 24 Mr. Masters stated for the record that the Kansas City Public Schools would not support TIF funding outside an existing TIF area. He was unsure whether they would support expanding the TIF area if there was a specific request to utilize PILOTs that should go into public education. He did, however, believe there may be potential solutions by using existing revenues contained in the SAF currently available to the City.
Commissioner Hennen stated his desire to be included in all discussions which should be public and would not support negotiating away all the County and School District obligations while the City was trying to cover costs with only EATs revenues.
Commissioner Masters stated the School District had an obligation to a previous agreement with respect to the existing TIF project which, for the record, they were ready to pay $1.7 million to finish. They did not have an obligation relating to the current discussion.
Mr. Vasquez stated that it was vital to sustain the corridor and the intent was to bring the amendment forward within the next two months.
Commissioner Sweeney stated that the County was concerned about considering a project not part of the existing Plan.
Bob Langenkamp stated that the Business Retention staff had been advocating to the City to address the area due to the economic development issues relative to retaining the companies and jobs in that area.
Action taken: NONE; INFORMATION ONLY.
31. Universal Floodwater Detention TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23 year statutory period for the capture of tax increment allocation financing within Phase 1 identified by the Universal Floodwater Detention Tax Incrementing Financing Plan has expired and pass an ordinance terminating the designation of Phase 1, and other matters related thereto.
Chair Circo stepped out at this time.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Committee Substitute for Ordinance No. 910047, as amended, on April 18, 1991, approved the Universal Floodwater Detention Tax Increment Financing Plan (the “Universal TIF Plan”) and designated an area described by the Universal TIF Plan as a redevelopment area (the “Redevelopment Area”). The Redevelopment Area was an irregular area generally bound by Universal and Reynolds on the west, Interstate 435 on the east, the Missouri River on the north and Front Street on the south in Kansas City, Jackson County, Missouri. The ordinance also approved tax increment financing for Phase I of the TIF Plan.
The Universal TIF Plan contemplated the implementation of certain improvements within the Redevelopment Area.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23 year statutory period for the capture of tax increment allocation financing within the Redevelopment Phase 1 had expired and that the City Council pass an ordinance terminating the designation of Redevelopment Phase 1.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 25
Heather Brown stated the final project would end 2025. Currently PILOTs were $14.9 million and EATs were $17 million.
Chair Circo returned out at this time.
Action taken: APPROVE THE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1)ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN THE REDEVELOPMENT PHASE 1 HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE DESIGNATION OF THE REDEVELOPMENT PHASE 1 OF THE UNIVERSAL FLOODWATER DETENTION TIF PLAN. MOTION MADE BY MS. CIRCO, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 3-18-17).
32. Midtown TIF Plan: Consideration of approval of the Midtown Housing Advisory Committee’s request to review applications regarding funding to renovate and construct multifamily housing structures within the RAMP Housing Program of the Midtown TIF Plan, and other matters related thereto.
Herb Hardwick stated that on Dec 15, 1992, by Resolution No. 92-68, the Commission recommended to the City Council of Kansas City, Missouri (the “City” or the “Council”) that it approve the Midtown Tax Increment Financing Plan (“the Plan”) and designate a redevelopment area identified therein (the “Redevelopment Area”).
On April 1, 1993, the Council approved the Plan by the Committee Substitute for Ordinance No. 930066, as amended by the first Amendment to the Plan, by Ordinance No. 9500731, as amended by the Second Amendment to the Plan, by Committee Substitute for Ordinance No. 99130, and as amended by the Third Amendment to the Plan, by Committee Substitute for Ordinance No. 001466 (collectively “TIF Ordinances”).
Pursuant to the Third Amendment to the Plan, the Council established a Midtown TIF Housing Program (“Housing Program”), for the purpose of providing grants and loans for, inter alia, the construction and rehabilitation of single family homes and multifamily structures in the Redevelopment Area.
The Housing Program included certain guidelines and contained certain restrictions on the use of Tax Increment Financing revenue for the rehabilitation of multifamily units, including a restriction on the use of Tax Increment Financing revenue for multifamily structures that were in excess of twelve (12) units.
On April 1, 2012, the City and the Commission entered into a Cooperative Agreement for the purpose of implementing the Housing Program pursuant to the guidelines and restrictions contained within the Housing Program.
Under the terms of the Cooperative Agreement entered into by the Commission and the City, the Program limited funds to provide grants and loans in connection with the Midtown Housing Program.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 26 The Midtown Housing Advisory Committee, in an effort to preserve funds for the Midtown Housing Program, requested approval of the Commission to review applications which seek funding to renovate and construct multifamily housing structures.
The TIF Commission Staff supported the Midtown Housing Advisory Committee’s request and would continue to work with it in the review of such applications. The TIF Neighborhood & Housing Subcommittee was scheduled to review the matter on March 7, but did not have a quorum.
Action taken: APPROVE OF THE MIDTOWN HOUSING ADVISORY COMMITTEE’S REQUEST TO REVIEW APPLICATIONS REGARDING FUNDING TO RENOVATE AND CONSTRUCT MULTIFAMILY HOUSING STRUCTURES WITHIN THE RAMP HOUSING PROGRAM OF THE MIDTOWN TIF PLAN MOTION MADE BY MR. SWEENEY, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 3-19-17).
Heather Brown noted that the Housing Subcommittee recently approved a hardship waiver for a house that burned mid-way through the 5-year grant commitment.
33. Midtown TIF Plan: Consideration of approval to extend the Housing Program Delivery Services Contract between the TIF Commission and the Westside Housing Organization, for the RAMP Housing Program of the Midtown TIF Plan, and other matters related thereto.
Herb Hardwick stated that on December 15, 1992, by Resolution No. 92-68, the Commission recommended to the City Council of Kansas City, Missouri (the “City” or the “Council”) that it approve the Midtown Tax Increment Financing Plan (“the Plan”) and designate a redevelopment area identified therein (the “Redevelopment Area”).
On April 1, 1993, the Council approved the Plan by the Committee Substitute for Ordinance No. 930066, as amended by the first Amendment to the Plan, by Ordinance No. 9500731, as amended by the Second Amendment to the Plan, by Committee Substitute for Ordinance No. 99130, and as amended by the Third Amendment to the Plan, by Committee Substitute for Ordinance No. 001466 (collectively “TIF Ordinances”).
Pursuant to the Third Amendment to the Plan, the Council established a Midtown TIF Housing Program (“Housing Program”), for the purpose of providing grants and loans for, inter alia, the construction and rehabilitation of single family homes and multifamily structures in the Redevelopment Area.
The Housing Program included certain guidelines and contained certain restrictions on the use of Tax Increment Financing revenue for the rehabilitation of multifamily units, including a restriction on the use of Tax Increment Financing revenue for multifamily structures that were in excess of twelve (12) units.
On April 1, 2012, the City and the Commission entered into a Cooperative Agreement for the purpose of implementing the Housing Program pursuant to the guidelines and restrictions contained within the Housing Program.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 27 The Cooperative Agreement provided that the TIF Commission would administer the Midtown Housing Program through one or more “Program Delivery Contractors” which had established ties to the City of Kansas City, Missouri and to the TIF Commission and which were familiar with the housing program within the City.
On March 13, 2013, the TIF Commission entered into an Agreement with the Westside Housing Organization, a Missouri non-profit corporation (“WHO”) to provide Housing Delivery Services in connection with the Midtown Housing Program. Specifically, WHO would provide Housing Delivery Services within the Westside Benefit Areas depicted on the map and attached hereto as Exhibit A. The original Agreement was subsequently amended and restated on November 12, 2013, March 14, 2014, August 13, 2014 and July 15, 2015. Pursuant to the terms of the amended and restated Agreement dated July 15, 2015, the term of the Agreement between the TIF Commission and WHO expired on November 30, 2016.
The parties now desired to amend and restate the Agreement to extend the term of the Agreement to continue through December 31, 2017.The Midtown Housing Advisory Committee recommended approval of the amendment. The TIF Neighborhood Housing Subcommittee was scheduled to review this matter on March 7th, but did not have a quorum.
Commissioner Williams stated that the City would prioritize and would not duplicate funding in overlapping areas.
Action taken: APPROVE THE FIFTH AMENDED AND RESTATED HOUSING AGREEMENT BETWEEN THE TIF COMMISSION AND WESTSIDE HOUSING ORGANIZATION FOR THE RAMP HOUSING PROGRAM OF THE MIDTOWN TIF PLAN SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 3-20-17).
34. Administrative:
Chair Circo requested staff to create a tracking system identifying clarifications or questions required for specific items to ensure the information was ready the next time a related item was scheduled to be heard. The information would include all resulting sidebar conversations and shall be provided to the Commissioners prior to the Board Meeting in order for all Commissioners to be collectively informed in order to have healthy discussion and decisions.
Participants of outside meetings are to invite Heather Brown who will notify the full Commission.
Universal Floodwater Detention TIF Plan: Commissioner Williams recommended that the appropriate entities, in conjunction with staff, prepare the following information necessary to discuss the merits and make a decision regarding the proposed amendment: (1) a detailed understanding of all the different phasing of the total improvements between the two interchanges; (2) feedback presented from EDC staff of issues due to businesses within the nearby area; (3) detail and understanding of balancing the needs from a transportation, flood control and business retention perspective. In addition, determine the reasonable next steps and present to the Commission at the April Board Meeting.
{File: EDCKC/60/ADM/ADMST/99/00193742.DOC / 4} 28
Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: April 12, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Estella Morales Troy Nash (via teleconference) Jason Parson Mark McHenry (via teleconference) Kerrie Tyndall
TAXING DIST: Jim Malle, Jackson County Bruce Eddy, other Kevin Masters, Kansas City School District Paul Harrell, North Kansas City School District Matt Fritz, North Kansas City School District Ted Graves, Clay County Freddie Nichols, Clay County, other Jim Staley, Mid Continent Library, other
ABSENT: Darren Hennen Jeffrey Williams Calvin Williford, Jackson County Scott Jacoby, Jackson County Jerry Nolte, Clay County Debbie Siragusa, Jackson County, other Shannon Jaax, Kansas City School District Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District
STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Steve Reynolds
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Jean Matzeder, Hardwick Law Dan Bagunu, KCMO Jim Noland, Stern Brothers Matt Goebel, 1301 Oak Level Office LLC Robert de la Fuente, Star Development Sean Skanchy Travis Kiefer, Parks Patricia Jensen, White Goss Dustin Whitehead, Lockard Jargh Frost, Point Commercial Joe Brogoto, Brogoto’s Auto Dave Christian Scott Seitter, Judicial Square
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Kerrie Tyndall, Jim Malle (Jackson County), Bruce Eddy (other), Paul Harrell (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Darren Hennen, Troy Nash, Jeffrey Williams, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Jerry Nolte (Clay County), and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the March 8, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MARCH 8, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 2 3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, April 3, 2017 at the offices of the Economic Development Corporation. In attendance were Subcommittee members Commissioners Shana Long (telephone conference), Jeffrey Williams, Jim Malle, and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather Brown and Sandra L. Rayford, and legal counsels to TIF Herbert Hardwick and Wesley Fields, and Human Relations staff Andrea Dorch and Carl Boyd.
January 2017 MBE/WBE Reports – Included within the board packets were copies of the Human Relations MBE/WBE utilization narrative reports and the Executive Summary which were presented at the Subcommittee meeting.
The next Subcommittee meeting is scheduled for Monday, April 24, 2017 at 3:30 p.m.
Estella Morales requested the Commissioners to review the project status report and noted that two Briarcliff projects would be forthcoming.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
Mr. Keenan presented the FY ending 2018 Budget as prepared by Cochran Head and answered questions of the Commissioners.
Action taken: APPROVE THE FY ENDING 2018 BUDGET. MOTION MADE BY MR. PARSON, SECONDED BY MS. MORALES AND CARRIED 6-2 BY THE FOLLOWING ROLL CALL VOTE (RES 4-1-17):
CINDY CIRCO AYE ESTELLA MORALES AYE JASON PARSON AYE KERRIE TYNDALL AYE JIM MALLE AYE BRUCE EDDY NAY PAUL HARRELL AYE KEVIN MASTERS NAY
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 3 No new information was presented regarding the TIF Accounting & Financial Reporting transition.
Action taken: NONE; INFORMATION ONLY.
Discussion ensued regarding the status and potential termination process of the Universal Floodwater TIF Plan.
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto. (Jason Parson)
Jason Parson stated that the Neighborhood & Housing Subcommittee met on March 9th with DST regarding the forthcoming 2024 termination of the 11th Street Corridor TIF Plan to identify the steps necessary for continued assistance to the properties.
Chair Circo recommended leveraging funding with the City, PIAC, etc. and reiterated issues with holiday lighting and lasting effects for the community.
Mr. Parson noted that the TIF Housing Coordinator, Steve Reynolds, would be transferring from EDC to City offices and would continue to manage TIF housing programs.
Chair Circo commended Mr. Reynolds for his service.
Action taken: NONE; INFORMATION ONLY.
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE
7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown reported receipt of notice of sale of the Valencia building within the Country Club Plaza TIF Plan. Obligations would be transferred to the new owner in the deed.
Action taken: NONE; INFORMATION ONLY.
CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), and Paul Harrell (North Kansas City School District). Absent were: Darren Hennen, Troy Nash, Jeffrey Williams, Jerry Nolte (Clay County), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 4 8. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the March 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MARCH 8, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. HARRELL, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
9. Shoal Creek TIF Plan: Consideration of approval of the recommendations as presented by the Shoal Creek TIF Plan Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the Shoal Creek TIF Advisory Committee met on April 6, 2017 to discuss the proposed changes to be included in the proposed Thirteenth Amendment to the Shoal Creek Parkway TIF Plan. The recommendations as presented and ratified by the committee included the following:
• Approve certain modifications to (1) the description of public infrastructure improvements described by the Shoal Creek Parkway TIF Plan and (2) the Budget of Estimated Redevelopment Project Costs and;
• Direct TIF legal counsel to begin drafting all necessary redevelopment agreements for the implementation of public infrastructure improvements that will be funded, at least in part, during FY 2017.
Staff recommended acceptance of the Shoal Creek TIF Advisory Committee and answered questions of the Commissioners.
Action taken: ACCEPT THE SHOAL CREEK TIF ADVISORY COMMITTEE RECOMMENDATIONS TO BE INCORPORATED WITHIN THE THIRTEENTH AMENDMENT TO THE SHOAL CREEK TIF PLAN. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY (RES 4-2-17).
PUBLIC HEARING – 9:15 AM
Responding to the roll call for the proposed Valley View TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), and Paul Harrell (North Kansas City School District). Absent were: Darren Hennen, Troy Nash, Jeffrey Williams, Jerry Nolte (Clay County), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 5 10. Valley View TIF Plan: Consideration of approval of the proposed Valley View TIF Plan, and other matters related thereto.
The purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Valley View Tax Increment Financing Plan (the “Redevelopment Plan” or “Plan”), the designation of the Redevelopment Area and the Redevelopment Project Areas described by the Plan. The Redevelopment Area was generally bounded by a point approximately 1700 linear feet north of MO Highway 152 on the north, MO Highway 152 on the south (including MO Highway 152 and N. Booth Avenue, The Preserve Subdivision on the west and The Green Hills Subdivision on the east in Kansas City, Clay County, Missouri (the “Redevelopment Area”). Notices: In accordance with the Sections 99.825 and 99.830 of the Revised Statues of Missouri, staff prepared and delivered all required notices of the public hearing scheduled for April 12, 2017 at 9:15 AM. Notice was sent to all affected taxing jurisdictions by certified mail on December 22, 2016. Notices were prepared and published in the Kansas City Star on January 9, 2017 and January 27, 2017.
Staff prepared and delivered notices by certified mail on January 27, 2017 to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the redevelopment project or plan area, which shall be subjected to payments in lieu of taxes and economic activity taxes. This public hearing had been continued from February 8, 2017 to today. Status Update: The applicant and proposed developer of the Valley View TIF Plan, Star Development, had withdrawn its application for the proposed Valley View TIF Plan. Upon discussions with the City Manager’s office and the Shoal Creek Advisory Committee, the public infrastructure improvements, which were contemplated to be funded with TIF Revenue generated by the proposed Valley View TIF Plan, were now anticipated to be funded with TIF Revenue generated by the Shoal Creek Parkway TIF Plan as a result of the City General Obligation Bonds passage.
Cathleen Flournoy stated that the developer, Star Development, had withdrawn their application. Staff and the developer recommended closing the public hearing for the proposed Valley View TIF Plan and recommending that the City Council not approve the Valley View TIF Plan and the Redevelopment Projects described therein. She noted that the contemplated infrastructure improvements would remain the same. Curt Peterson, Polsinelli, clarified the funding sources and the CID.
Chair Circo opened the floor for comments.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. HARRELL, SECONDED BY MS. NICHOLS AND CARRIED UNANIMOUSLY (RES 4- 3-17).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 6 DISAPPROVE THE PROPOSED VALLEY VIEW TIF PLAN AND FORWARDING THAT RECOMMENDATION TO CITY COUNCIL. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 4-4-17).
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the Shoal Creek TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), and Paul Harrell (North Kansas City School District). Absent were: Darren Hennen, Troy Nash, Jeffrey Williams, Jerry Nolte (Clay County), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
11. Shoal Creek TIF Plan - Thirteenth Amendment: Consideration of approval of the Thirteenth Amendment of the Shoal Creek TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the purpose of this hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Thirteenth Amendment to the Shoal Creek Parkway TIF Plan.
Notices: In accordance with Section 99.830 of the Revised Statutes of Missouri, staff prepared and delivered all required notices of this hearing.
Staff delivered notice by certified mail on December 22, 2016 to the taxing districts from which taxable property was included in the redevelopment area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Thirteenth Amendment to the Shoal Creek Parkway TIF Plan prior to the date of the hearing.
Staff prepared and published notices in the Kansas City Star on January 9, 2017 and January 27, 2017.
Staff prepared and delivered notices on January 27, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the redevelopment project or plan area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
Proposed Thirteenth Amendment to the Shoal Creek Parkway TIF Plan: The Thirteenth Amendment, if approved, would provide for the inclusion of additional public infrastructure improvements, modifications to the Specific Objectives of the Plan, and modifications to the Budget of Redevelopment Project Costs.
Proposed Redevelopment Area: The Redevelopment Area included an area generally bound on the north by NE 108th Street and Missouri Route 291, on the east by the Kansas City – Liberty city limits and Missouri Route 291, on the south by the Kansas City – Pleasant Valley city limits, and on the west by Indiana and N Eastern Avenue (the “Redevelopment Area”) in Kansas City, Clay County, Missouri (the “City”).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 7 Estimated Redevelopment Costs and Reimbursable Costs: Redevelopment Project Costs were estimated to be approximately $280,822,841 of which an estimated $185,899,957 would qualify as Reimbursable Project Costs.
Statutory Findings: It was Staff’s recommendation that the Thirteenth Amendment did not alter the previous required statutory findings made by the TIF Commission. Specifically,
• Economic Development Area: The Thirteenth Amendment did not alter the previous finding that the Redevelopment Area on the whole was an economic development area and had not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed “but for” the adoption of tax increment financing. This amendment would not change these findings.
• Finding the Area Conforms to the City’s Comprehensive Plan: The changes contemplated by the Thirteenth Amendment were of a nature that they did not alter the TIF Commission’s previous finding that the Shoal Creek TIF Plan conformed with the City’s FOCUS Plan.
• Cost Benefit Analysis: The changes contemplated by the Thirteenth Amendment were of a nature that they did not alter the TIF Commission’s Cost Benefit Analysis incorporated within the Plan.
• Redevelopment Schedule: All Redevelopment Projects, including those contemplated by the Thirteenth Amendment, were to be completed no later than twenty-three (23) years from the adoption of the ordinances approving the Redevelopment Projects.
• Relocation Plan: The changes contemplated by the Thirteenth Amendment were of a nature that they did not alter the previous relocation assistance plan that was a part of the TIF Plan. The Thirteenth Amendment did not contemplate the relocation of any businesses or residents.
• Gambling Establishment: The Thirteenth Amendment did not include development or redevelopment of any gambling establishment.
• Acquisition by Eminent Domain: This Thirteenth Amendment did not contemplate that any property located within a Redevelopment Project Area will be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
• Date to Adopt Redevelopment Project: The Thirteenth Amendment did not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan. Staff recommended approval of the Thirteenth Amendment to the Shoal Creek TIF Plan.
Commissioner Nash joined via teleconference at this time.
Ms. Flournoy answered questions of the Commissioners and stated funding did not include PILOTs.
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 8 Travis Kieffer, City Parks Department, described the 1,029 acre area noting the Hodge Park improvements were all inclusive designed for all levels of ability including ADA.
Chair Circo opened the floor for comments.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MS. MORALES, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY (RES 4-5-17).
APPROVE THE THIRTEENTH AMENDMENT OF THE SHOAL CREEK TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MS. MORALES, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 4-6-17).
CLAY COUNTY/NKC AGENDA ITEMS
PUBLIC HEARING – 9:45 AM
Responding to the roll call for the Vivion Point TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Troy Nash via teleconference, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Darren Hennen, Jeffrey Williams and Jerry Nolte (Clay County).
12. Vivion Point TIF Plan: Consideration of approval of the proposed Vivion Point TIF Plan, and other matters related thereto.
Purpose: The purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Vivion Point TIF Plan (the “Redevelopment Plan” or “Plan”) and the designation of the Redevelopment Area and the Redevelopment Project Area described by the Redevelopment TIF Plan.
Redevelopment Plan Area: The Redevelopment Plan Area was area generally bounded by NE Vivion Road on the North, Chouteau Trafficway on the East, NE 50th Street on the South, and NE Antioch Road on the West in Kansas City, Clay County, Missouri.
The Redevelopment Plan, as proposed by the Lockard IRES, LLC (“The Redeveloper”), contemplated the acquisition and renovation of a 113,600 square foot building (formerly a K- Mart store) into a multi-tenant retail center and the demolition and reconstruction of approximately 155,000 square feet of retail space, as well as the construction of 2,400 square feet of additional retail space. The renovated and newly constructed retail space would complement the existing 6,000 square feet of retail space located within the Redevelopment Area that would not be disturbed by virtue of the Plan. Site and infrastructure improvements contemplated by the Plan would include the construction of detention basins for storm water drainage; parking lot construction including islands and lighting; utility relocation; signage for the area; and the reconfiguration of the site entrance.
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 9 Chair Circo stated that while recognizing it was a worthy project, policy gaps regarding financing must be resolved. Therefore, the hearing would be postponed and no action would be taken at this time.
Heather Brown stated that the staff report regarding the proposed plan would not be included due to anticipated changes.
Patricia Jensen, White Goss representing the developer, stated that details were being addressed with City staff. She emphasized the importance of a resolution to storm water detention issues within the community related to this project.
Chair Circo opened the floor for comments and all were heard.
Action taken: CONTINUE THE PUBLIC HEARING TO 1:30 PM APRIL 18, 2017. MOTION MADE BY MR. PARSON, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 4-7-17).
Commissioner Morales stepped out at this time.
PUBLIC HEARING – 10:00 AM
Responding to the roll call for the Antioch Crossing TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Jason Parson, Troy Nash via teleconference, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Estella Morales, Darren Hennen, Jeffrey Williams and Jerry Nolte (Clay County).
13. Antioch Crossing TIF Plan - Third Amendment: Consideration of approval of the Third Amendment of the Antioch Crossing TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the Antioch Crossing TIF Plan and the Antioch Mall TIF Plan were being formulated to create a neighborhood improvement program addressing the infrastructure improvements contemplated by the Plans to benefit the entire area. Therefore, it was necessary to conduct an updated conservation study for the Antioch Mall which required both hearings to be continued to May 10th in order to accomplish that goal.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:15 AM MAY 10, 2017. MOTION MADE BY MR. HARRELL, SECONDED BY MS. NICHOLS AND CARRIED UNANIMOUSLY (RES 4-8-17).
Commissioner Morales returned at this time.
PUBLIC HEARING – 10:15 AM
Responding to the roll call for the Antioch Mall TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Troy Nash via teleconference, Kerrie Tyndall, Ted Graves (Clay County), Freddie Nichols (other), Paul Harrell (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Darren Hennen, Jeffrey Williams and Jerry Nolte (Clay County).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 10
14. Antioch Mall TIF Plan - Fourth Amendment: Consideration of approval of the Fourth Amendment of the Antioch Mall TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that additional time had been requested in order to conduct an updated conservation study to be used in conjunction with the Antioch Crossing TIF Plan infrastructure improvements.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:30 AM MAY 10, 2017. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 4-9-17).
15. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto. (Janine Pettitt) Exhibit 1
Minutes of the March 8, 2017 Clay County/NKC meeting are included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MARCH 8, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
16. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for April 2017 included in the Commission’s Board Packet for review prior to the meeting. The following items are included:
• Cost Certifications
North Oak TIF Plan: Consideration of bond draw totaling $22,569.90, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $22,569.90 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
Notes: The draw was for $2,943.90 Administrative Fees and $19,626.00 subcontractor’s reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve bond draw totaling $22,596.90.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC, MISSOURI. MOTION MADE BY MS. NICHOLS, SECONDED BY MR. GRAVES AND CARRIED UNANIMOUSLY (RES 4-10-17).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 11 CLAY COUNTY/NKC AGENDA ITEMS
17. North Oak TIF Plan: Consideration of an Amended and Restated Redevelopment Agreement between the City of Kansas City, Missouri and the Tax Increment Financing Commission related to the design and construction of the N. Troost Trail and the acquisition and renovation of a former YMCA Building of the North Oak TIF Plan, and other matters related thereto.
Wesley Fields stated that on January 12, 2005, the Tax Increment Financing Commission of Kansas City, Missouri, (the “Commission”) adopted Resolution 1-27-05 approving the North Oak Tax Increment Financing Plan (the “TIF Plan”) and designating an area identified by the TIF Plan as a redevelopment area (the “Redevelopment Area”). On February 24, 2005, the City Council (the “Council”) of the City of Kansas City, Missouri (the “City”), by Second Committee Substitute for Ordinance No. 050104, approved the TIF Plan. The Council subsequently approved several amendments to the TIF Plan, pursuant to the following ordinances: Ordinance No. 060534, Ordinance No. 070996, Ordinance No. 090832, Ordinance No. 100083, Ordinance No. 100705, Ordinance No. 120172 and Ordinance No. 160670.
The Eighth Amendment to the TIF Plan provided, among other things, for the design and construction of roadways and other public infrastructure within and adjacent to the Redevelopment Area, including the design and construction of North Troost Trail between NE Englewood Road and NE Vivion Road (“Trail Project”) and the acquisition and renovation of the former YMCA building located at 1101 NE 47th Street, Kansas City, Clay County, Missouri (the “YMCA Stabilization Project”). The total costs to complete the Trail Project was $1,210,000 ("Trail Costs") and the total costs to complete the YMCA Stabilization Project was $690,000.
On September 30, 2016, the Commission, the City and Hunt Midwest Real Estate Development, Inc., entered into a Cooperative Agreement, which provided:
1. The Commission, in accordance with that certain Financing (Super-TIF ) Agreement, dated November 25, 2014, between the City and the Commission, which provided that the City, subject to annual appropriation, shall contribute the remaining Economic Activity Taxes generated by the Redevelopment Projects described by the Plan, which were not subject to capture, in accordance with the Act, and that would otherwise be deposited into the City’s general fund to be used for payment of Redevelopment Project Costs related to the acquisition, design and construction of certain road and public infrastructure improvements contemplated by the Plan, shall contribute up to $300,000 related to the Trail Costs (the “Super TIF Contribution”).
2. The City, subject to appropriation, shall contribute $690,000 to the Commission for the purpose of paying a portion of the Trail Costs (the “City Contribution”).
3. Hunt Midwest shall contribute $220,000 to the Commission for the purpose of paying a portion of the Trail Costs (the “Hunt Midwest Contribution”).
Commissioner McHenry joined via teleconference at this time.
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The City and Commission previously entered into a Redevelopment Agreement, dated September 30, 206, which provided, in part, that the City shall implement the Trail Project and the YMCA Stabilization Project pursuant to the Plan, subject to the City’s reimbursement by the Commission of certain costs related to the Trail Project that were not in excess $300,000 and certain costs related to the YMCA Stabilization Project that were not in excess of $450,000.
Commissioner Tyndall departed at this time.
The City now desired to amend the Redevelopment Agreement to increase the amount of reimbursement related to the Trail Costs to include all amounts the Commission may receive under the Cooperative Agreement, specifically the Super TIF Contribution of $300,000, the City Contribution of $690,000 and Hunt Midwest’s contribution of $220,000.
The Amended and Restated Redevelopment Agreement between the Commission and the City for the implementation of the Trail Project and the YMCA Stabilization Project, which was attached to the Commission Board Packet as Exhibit 17, amended, restated and replaced the September 30, 2016 Redevelopment Agreement and it now contained the increased amount of reimbursement of Trail Costs to include all sources the Commission may receive under the Cooperative Agreement, as set forth above. To the extent the Commission found the terms acceptable of the Amended and Restated Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and Legal Counsel.
Commissioner McHenry confirmed that the trail was not connected to the same corridor as the inter-urban train.
Mr. Fields confirmed that TIF portion consists of the Super TIF that is the additional EATs not captured by the TIF statute and includes no additional PILOTs.
Heather Brown noted the North Oak Advisory Committee had approved at the time of the original Amendment.
Action taken: APPROVE THE AMENDED AND RESTATED REDEVELOPMENT AGREEMENT BETWEEN THE TIF COMMISSION AND THE CITY OF KANSAS CITY, MISSOURI FOR THE IMPLEMENTATION OF THE TRAIL PROJECT AND THE YMCA STABILIZATION PROJECT, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. PARSON, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 4-11-17).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 13 JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash via teleconference, Jason Parson, Mark McHenry via teleconference, Jim Malle (Jackson County), Bruce Eddy (other), and Kevin Masters (Kansas City School District). Absent were: Darren Hennen, Jeffrey Williams, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Debbie Siragusa (other), and Shannon Jaax (Kansas City School District).
18. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the March 8, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MARCH 8, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
19. Judicial Square TIF Plan: Consideration of approval of a Certificate of Completion and Compliance for Project 1 of the Judicial Square TIF Plan, and other matters related thereto.
Wesley Fields stated that the Judicial Square TIF Plan was approved by the City Council on May 22, 2003 by Ordinance No. 030551. It was subsequently amended by the First Amendment on November 8, 2012, Ordinance No. 120922. A Redevelopment Agreement was entered into between the TIF Commission and Judicial Square, LLC. on September 12, 2003 for the implementation of the rehabilitation and renovation of the 64,889 sq. ft., Griffith Building for commercial office uses and the adjacent parking garage (160 spaces), together with all utilities, street improvements and appurtenances necessary to adequately address the conditions which qualified the Redevelopment Area as a blighted area. Actual project improvement costs were $4,571,932 with $698,261 of the costs certified as eligible reimbursement costs. The project improvements were commenced approximately in 2003 with the Project Improvements and Public Improvements completed in January 2004. The Redeveloper had complied with the Commission’s Certification of Cost and Reimbursement Policy, and that together with the costs to be considered for certification, the Commission had certified all redevelopment costs that are eligible for reimbursement.
Included with the exhibits was a copy of the proposed Certificate of Completion and Compliance and supporting documentation for review and approval.
Action taken: APPROVE THE CERTIFICATE OF COMPLETION AND COMPLIANCE FOR PROJECT 1 OF THE JUDICIAL SQUARE TIF PLAN. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 4-12-17).
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 14 20. Judicial Square TIF Plan: Consideration of approval of an Assignment and Assumption Agreement among the TIF Commission, Judicial Square, LLC and 1301 Oak Level Office, LLC. in connection with the Judicial Square TIF Plan, and other matters related thereto.
Wesley Fields stated that on April 9, 2003, the Commission, by Resolution No. 04-12-03, approved the Judicial Square Tax Increment Financing Plan (the “Plan”) and recommended the Plan to the City Council of Kansas City, Missouri (the “Council”). On May 22, 2003, the Council passed Ordinance No. 030550, approving the Plan. The Council amended the Plan by its passage of Ordinance No 120922 on November 8, 2012.
The Plan provided for the renovation of the Griffin Building located at 13th & Oak Street (64,889 square feet) into professional office space along with retail and restaurant space on the first floor of the Griffith Building and the renovation of the adjacent garage (160 spaces) (the “Plan Improvements”).
On September 12, 2003, Judicial Square, LLC the (“Original Developer”) and the Commission entered into a redevelopment agreement for the implementation of the Plan Improvements (the “Redevelopment Agreement”). The Original Developer had successfully completed the Plan Improvements and requested that the Commission issue it a Certificate of Completion and Compliance in accordance with Section 12 of the Redevelopment Agreement.
The Original Developer and 1301 Oak Level Office, LLC (“Oak Level Office”) were parties to that certain Real Estate Purchase and Sale Agreement dated February 7, 2017 (the “Purchase and Sale Contract”), which provided for Oak Level Office’s purchase of certain property located within the boundaries of Redevelopment Area, as described by the Plan. The Original Developer desired to assign and Oak Level Office desired to assume all remaining rights, interests and duties under the Redevelopment Agreement, including the right to receive the payment of any TIF Revenue due and owing to the Original Developer.
The Redevelopment Agreement provided that there shall be no assignment of the Original Developer’s rights under the Redevelopment Agreement, except upon terms and conditions agreeable to the Commission. The Original Developer and Oak Level Office were requesting that the Commission enter into an Assignment & Assumption Agreement, which shall provide for the Original Developer’s assignment and Oak Level Office’s assumption of the Original Developer’s rights, interests, duties and obligations under the Redevelopment Agreement.
The effectiveness of the Assignment & Assumption Agreement, attached to the Commission’s Board Packet as Exhibit 20 and which was prepared by legal counsel, was conditioned upon the execution and delivery of a separate Funding Agreement by and between the Commission and Oak Level Office, along with the delivery of the retainer described therein, and an amended and restated redevelopment agreement, which shall set forth the remaining rights, duties, interests and obligations of Oak Level Office and the Commission as it related to the Plan. The Assignment & Assumption Agreement, attached to the Commission’s Board Packet as Exhibit 20, had been reviewed and negotiated by staff and legal counsel who recommended its approval, subject to modifications accepted by the Executive Director, the Chair and legal counsel.
{File: EDCKC/60/ADM/ADMST/99/00194436.DOC / 2} 15 Action taken: APPROVE THE ASSIGNMENT AND ASSUMPTION AGREEMENT AMONG JUDICIAL SQUARE, LLC, 1301 OAK LEVEL OFFICE, LLC AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE JUDICIAL SQUARE TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. PARSON, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 4-13-17).
21. Judicial Square TIF Plan: Consideration of approval of an Amended and Restated Redevelopment Agreement between the TIF Commission and 1301 Oak Level Office, LLC in connection with the Judicial Square TIF Plan, and other matters related thereto. (Wesley Fields) Exhibit 21
Wesley Fields stated that on April 9, 2003, the Commission, by Resolution No. 04-12-03, approved the Judicial Square Tax Increment Financing Plan (the “Plan”) and recommended the Plan to the City Council of Kansas City, Missouri (the “Council”). On May 22, 2003, the Council passed Ordinance No. 030550, approving the Plan. The Council amended the Plan by its passage of Ordinance No 120922 on November 8, 2012.
The Plan provided for the renovation of the Griffin Building located at 13th & Oak Street (64,889 square feet) into professional office space along with retail and restaurant space on the first floor of the Griffith Building and the renovation of the adjacent garage (160 spaces) (the “Plan Improvements”).
On September 12, 2003, Judicial Square, LLC the “Original Developer”) and the Commission entered into a redevelopment agreement for the implementation of the Plan Improvements (the “Redevelopment Agreement”). The Original Developer had successfully completed the Plan Improvements and requested that the Commission issue it a Certificate of Completion and Compliance in accordance with Section 12 of the Redevelopment Agreement.
The Original Developer and 1301 Oak Level Office, LLC (“Oak Level Office”) were parties to that certain Real Estate Purchase and Sale Agreement dated February 7, 2017 (the “Purchase and Sale Contract”), which provided for Oak Level Office’s purchase of certain property located within the boundaries of Redevelopment Area, as described by the Plan. The Original Developer had expressed its desire to assign and Oak Level Office had expressed its desire to assume all remaining rights, interests, obligations and duties under the Redevelopment Agreement, including the right to receive the payment of any TIF Revenue due and owing to the Original Developer and, pursuant to the previous agenda item, had requested that the Commission enter into an Assignment & Assumption Agreement with the Original Developer and the Oak Level Office, which shall provide that (i) the Original Developer shall assign and Oak Level Office shall assume all of the Original Developer’s rights, interests, duties and obligations accruing from and after the assignment of the Redevelopment Agreement, (ii) the Original Developer shall assign and Oak Level Office shall assume all of the Original Developer’s rights and interests to receive reimbursement of all certified Redevelopment Project Costs due and owing to the Original Developer under the Redevelopment Agreement and (iii) the Commission shall consent to such assignment and assumption, subject to, inter alia, the execution of an Amended and Restated Redevelopment.
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Special Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: April 18, 2017 TIME: 1:30 p.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash (via teleconference) Mark McHenry Randall Landes Kerrie Tyndall
TAXING DIST: Paul Harrell, North Kansas City School District Terry Ward, North Kansas City School District Ted Graves, Clay County
ABSENT: Jason Parson Jeffrey Williams Freddie Nichols, Clay County, other
STAFF/GUESTS: Heather Brown, EDC Greg Flisram, EDC Cathleen Flournoy, EDC Dan Moye, EDC Wesley Fields, Bryan Cave Scott Wagner, Patricia Jensen, White Goss Kellee Madinger, White Goss Jim Powers, White Goss David King, Sherwood Estates Marty Schuettpelz, Sherwood Estates HA Dustin Whitehead, Lockard Mike Sweeney, Curry Real Estate Services Ed Linnebur, NNI Tyler Kempf, NNI Deb Hermann, NNI Jim Noland, Stearn Brothers Fran Lefor Rood, S. B. Friedman (via teleconference)
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /}
CLAY COUNTY/NKC AGENDA ITEMS
PUBLIC HEARING – 1:30 PM
Responding to the roll call for the Vivion Point TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash via teleconference, Randall Landes, Mark McHenry, Ted Graves (Clay County), Paul Harrell (North Kansas City School District), and Terry Ward (North Kansas City School District). Absent were: Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), and Freddie Nichols (other).
12. Vivion Point TIF Plan: Consideration of approval of the proposed Vivion Point TIF Plan, and other matters related thereto.
Purpose: The purpose of this hearing is for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Vivion Point TIF Plan (the “Redevelopment Plan” or “Plan”) and the designation of the Redevelopment Area and the Redevelopment Project Area described by the Redevelopment TIF Plan.
Redevelopment Plan Area: The Redevelopment Plan Area is area generally bounded by NE Vivion Road on the North, Chouteau Trafficway on the East, NE 50th Street on the South, and NE Antioch Road on the West in Kansas City, Clay County, Missouri.
Notices: Notices regarding the public hearing were sent to all affected taxing jurisdictions by certified mail on November 23, 2016. Notices were published in newspapers of general circulation of the proposed redevelopment, including The Kansas City Star on December 14, 2016 & January 2, 2017.
Staff prepared and delivered notices by certified mail regarding the public hearing on December 29, 2017 to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the redevelopment project or plan area, which shall be subject to payments in lieu of taxes and economic activity taxes.
This public hearing has been continued from April 12, 2017 to today.
General Description of the Vivion Point TIF Plan: The Redevelopment Plan, as proposed by the Lockard IRES, LLC (“The Redeveloper”), will include the renovation of approximately 115,000 square feet, demolition of approximately 20,500 and construction of approximately 41,500 square feet of retail space in an area comprising approximately 17.76 acres. The Projects Improvements will support and enhance the existing 6,000 square feet of retail space within the Redevelopment Area. The Plan further provides for the construction of stormwater improvements, and such public infrastructure improvements, which may consist of streetscape, signage, signaling, sidewalks and curbs and such other related pubic infrastructure improvements that support and enhance the Project Improvements.
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /} 2 Estimated Redevelopment Project Costs: The total cost to implement the Redevelopment Project Area, as proposed by the Redeveloper, which includes the demolition and redevelopment of existing structures and the construction of the necessary public improvements and infrastructure related thereto is estimated to be $45,396,837. The Reimbursable Project Costs, estimated to be $19,553,000, are identified in Exhibit 5.
Projections and Application of Payments in Lieu of Taxes and Economic Activity Taxes: The estimated total Payments in Lieu of Taxes (“PILOTs”) generated within the Redevelopment Project Area over the duration of the Plan is $6,167,564 of which $2,156,965 is anticipated to pay eligible reimbursable Redevelopment Project Costs. The anticipated PILOTs to be made available to reimburse eligible Redevelopment Project Costs shall be limited to 100% of the available PILOTs generated and collected during the first five years after the Redevelopment Project is approved by Ordinance and 85% of the available PILOTs generated and collected, beginning in the sixth year after the Redevelopment Project is approved by Ordinance and continuing to the tenth year after the Redevelopment Project is approved by Ordinance. The PILOTs are outlined in Exhibit 6.
The estimated Economic Activity Taxes (“EATs”) to be deposited in the Special Allocation Fund, in accordance with the Act, over the duration of the Plan are $20,658,042 of which $17,401,169 is anticipated to pay eligible reimbursable Redevelopment Project Costs as shown in Exhibit 6. Anticipated EATs are limited to 50% of the net earnings taxes paid by businesses and employees, 50% of the net food & beverage taxes, 50% of the net utility taxes, 50% of the community improvement district as well as 50% of the City and County net sales taxes generated, collected and available during the first twenty (20) years after the Redevelopment Project is approved by Ordinance
The estimated CID Revenue, subject to appropriation by the CID that will be available to pay Redevelopment Project Costs is approximately $3,866,926, as set forth on Exhibit 6.
Enhanced Enterprise Zone (EEZ): Pursuant to section 135.963(7) RSMo, the property tax abatement referred to in the Enhanced Enterprise Zone Act shall not relieve the assessor or other responsible official from ascertaining the amount of the equalized assessed value of all taxable property annually as required by section 99.855 and shall not have the effect of reducing the payments in lieu of taxes referred to in subdivision (2) of subsection 1 of section 99.845 unless such reduction is set forth in the plan approved by the governing body of the municipality pursuant to subdivision (1) of subsection 1 of section 99.820, section 99.942, or section 99.1027. By adoption of this Plan, Payments in Lieu of Taxes shall be reduced by the tax abatement referred to in the Enhanced Enterprise Zone Act, provided, however, such reduction shall not exceed 50% of the amount of Payments in Lieu of Taxes generated by each Redevelopment Project Area during any ten-year period, while tax increment financing remains in effect.
Anticipated Sources of Funds and Evidence of Commitments to Finance: The Redeveloper is finalizing the purchase of the necessary property to construct the Public Infrastructure Improvements on behalf of the City and complete the outlined redevelopment of the property. The Redeveloper anticipates using equity and debt financing to fund the Redevelopment Costs and thereafter seeking reimbursement of such costs from TIF Revenue. Anticipated sources and amounts of funds to pay Redevelopment Project Costs are shown on Exhibit 7 of the Plan and in the information contained on Exhibit 11 of the Plan, “Evidence of Financing Interest.”
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /} 3
Initial Equalized Assessed Value: The total initial equalized assessed valuation of the Redevelopment Area according to current records at the Clay County Assessor’s Office is approximately $832,000. The current combined ad valorem property tax levy is projected to be $10.71 per $100 assessed valuation. The 2016 annual ad valorem tax revenue from the Redevelopment Area will be approximately $89,099.71.
Statutory Findings: It is Staff’s recommendation that the Vivion Point Tax Increment Financing Plan meets each of the required statutory findings identified by the TIF Act. Specifically:
• Conservation Area: The Redevelopment Area qualifies as a Conservation Area. The Shoppes at Vivion Point Conservation Study, attached as Exhibit 10, provides evidence of deteriorating improvements, economic underutilization, and other blighting conditions stated within the Redevelopment Act in Section 99.805 RSMo.
• But-For Analysis: The Plan incorporates an analysis prepared by SB Friedman in Exhibit 9 to the Plan and such analysis provides sufficient information to satisfy the “but for” test set forth in Section 99.810 of the Revised Statutes of Missouri, which requires a finding that the Redevelopment Area has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. The But- For Analysis concluded the estimated internal rate of return on equity of $9,963,000 is 16% leveraged and 7.8% unleveraged.
• Revenue Sharing: The Redevelopment Agreement shall provide if at the end of any calendar year, after completion of all of the Project Improvements, the net cash flow exceeds the cash flow necessary to generate said cumulative 16% leveraged annual return on the Equity Investment for the current and all previous calendar years, a percentage of such excess that is proportionate to the debt and equity contributed toward the total Redevelopment Project Costs, which is estimated to be 70% of such excess, shall be retained by the Redeveloper and the remaining percentage of such excess that is proportionate to the reimbursable portion of Redevelopment Project Costs, which is estimated to be 30%, shall be contributed to the Commission (the “Commission Share”) and shall be deposited into a “Public Infrastructure Account” within the Special Allocation Fund to be used by the Commission for certain Redevelopment Project Costs related to public infrastructure improvements
• Tax-Impact Analysis: The Plan contains a tax impact analysis, attached as Exhibit 8 to the Plan, which describes the economic impact of the Plan on each taxing district and political subdivision. The analyses include a fiscal impact study on every Taxing District, and sufficient information for the Commission and City to evaluate whether this Plan, as proposed, is financially feasible. The tax impact analysis contains a fiscal impact study which covers the life of the Tax Increment Financing Plan incentives.
• Finding the Area Conforms to the City’s Comprehensive Plan: The Redevelopment Plan conforms to the City’s FOCUS Plan and the applicable Area Plan.
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /} 4 • Redevelopment Schedule: The Redevelopment Plan provides that the estimated date of completion of any redevelopment project described by the Plan and retirement of obligations incurred to finance redevelopment project costs identified by the Plan shall not occur later than twenty-three (23) years after such redevelopment project is approved by ordinance.
• Relocation Plan: The Redevelopment Plan contains a relocation assistance plan. The Plan does not contemplate the relocation of any businesses or residents.
• Gambling Establishment: The Redevelopment Plan does not include development or redevelopment of any gambling establishment.
• Acquisition by Eminent Domain: The Redevelopment Plan does not contemplate that any property located within a Redevelopment Project Area will be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
• Date to Adopt Redevelopment Project: The Redevelopment Plan does not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan.
• No Direct Beneficiary: For redevelopment projects or redevelopment plans approved after December 23, 1997, if a retail establishment relocates within one (1) year from one facility to another facility within the same county and the governing body of the municipality finds that the relocation is a direct beneficiary of tax increment financing, then for purposes of this definition the economic activity taxes generated by the retail establishment shall equal the total additional revenues from economic activity taxes which are imposed by a municipality or other taxing district over the amount of economic activity taxes generated by the retail establishment in the calendar year prior to its relocation to the redevelopment project area.
The anchor tenant for the proposed Plan Area is Hobby Lobby. The anchor tenant is receiving no direct benefit from relocating into the Vivion Point TIF Plan area. The anchor tenant will be paying a market rate lease with no reduction or direct TIF assistance.
Policy Considerations • Affirmative Action: Staff met with the Developer and a representative from the Human Relations department to discuss the Affirmative Action Policy. The Developer has executed an Officer’s Certificate, which certifies that the Developer has read and understands the Commission’s Affirmative Action policy and intends to comply with it terms and conditions.
• Neighborhood and Taxing Districts: Staff held a meeting with the taxing jurisdictions to discuss the Vivion Point TIF Plan the “but for” analysis on March 31, 2017. The Developer held meetings with the adjacent neighborhood and other stakeholders to discuss the project.
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /} 5 Fran Lefor Rood, S. B. Friedman, joined via teleconference for consultation.
Patricia Jensen, White Goss representing the developer, described the project and discussions with the City Manager’s office.
Dustin Whitehead, Lockard, addressed the Commission.
Discussion ensued.
Chair Circo opened the floor for comments and all were heard.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. WARD, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 4-16-17).
MAKE A FINDING THAT ALL THE STATUTORY FINDINGS THAT ARE REQUIRED IN CONNECTION WITH THE VIVION POINT PLAN HAVE BEEN MADE AND FORWARD THE RECOMMENDATION TO CITY COUNCIL FOR APPROVAL. MOTION MADE BY MS. MORALES, SECONDED BY MR. WARD AND CARRIED UNANIMOUSLY (RES 4- 17-17).
APPROVE THE PROPOSED VIVION POINT TIF PLAN WITH CERTAIN MODIFICATIONS INCLUDING THOSE REFLECTED IN THE REDLINE VERSION OF THE TIF PLAN PRESENTED BEFORE YOU ALONG WITH THE ADDITIONAL MODIFICATION PROVIDING FOR A 40/60 PUBLIC PARTICIPATION SPLIT THAT WAS DISCUSSED AT THE CONCLUSION OF THE PUBLIC HEARING, AND FORWARD THE RECOMMENDATIONS TO CITY COUNCIL FOR APPROVAL.
Commissioner Ward expressed concerns.
Discussion ensued.
Question was called: MOTION MADE BY MR. WARD, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 4-18-17).
DIRECT STAFF TO PROVIDE A NOTICE TO THE TAXING JURISDICTIONS AND BY PUBLICATION IN THE NEWSPAPER OF THOSE MODIFICATIONS PRIOR TO THE CITY COUNCIL ADOPTING THE VIVION POINT TIF PLAN. MOTION MADE BY MR. WARD, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 4-19-17).
{File: EDCKC/60/ADM/ADMST/99/00194989.DOC /} 6
Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: May 10, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash (via teleconference) Jason Parson Randy Landes
TAXING DIST: Jim Malle, Jackson County Johnny Sweeney, Jackson County Debbie Siragusa, Jackson County, other Bruce Eddy, other Shannon Jaax, Kansas City School District - teleconference Kevin Masters, Kansas City School District Matt Fritz, North Kansas City School District Ted Graves, Clay County Freddie Nichols, Clay County, other Jim Staley, Mid Continent Library, other
ABSENT: Jeffrey Williams Calvin Williford, Jackson County Scott Jacoby, Jackson County Jerry Nolte, Clay County Dagmar Wood, Platte County John Elliott, Platte County William Brown, Platte County other Frank Offutt, Platte County Paul Harrell, North Kansas City School District Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Dennis Carpenter, Hickman Mills School District Darrell Curls, Hickman Mills School District
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Jim Erickson, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Alison Bergman, Hardwick Law Dan Bagunu, KCMO Troy Schulte, KCMO City Manager Wes Minder, KCMO Andrea Dorch, KCMO HRD Kellee Madinger, White Goss Curt Petersen, Polsinelli Fran Lefor Rood, SB Friedman Lance Dorn, SB Friedman Earl Stauther, Parks Jim Noland, Stern Brothers Rob Roberts, Business Journal Jan Parks, CKCEDR Susan Stocking, KC Public Schools Mark Bedell, KC Public Schools Melissa Robinson, KC Public Schools Jennifer Wolfsie, KC Public Schools Susan Walsh Nicholas Fitzgerald Hannah Davis, resident John Rich, resident Vicky Martinez, resident Elizabeth Anderson, resident Forrest & Pam Mason, resident Edward Lindsey, resident Dolores Hernandez, resident Michael Hernandez, resident Raymundo Barbosa, resident David & Kathie Christmar, resident John & Judith Stewart, resident Hannah & Matt Davis, resident Pete & Debra Sprofera, resident Jannese & Robert Rich, resident Beau Gabriel, resident Laura Smith, resident
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 2 ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Jim Malle (Jackson County), Bruce Eddy (other), and Kevin Masters (Kansas City School District). Absent were: Jeffrey Williams, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Jerry Nolte (Clay County), Debbie Siragusa (other), and Paul Harrell (North Kansas City School District).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the April 12, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE APRIL 12, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
Action taken: NONE
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on April 28, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MR. MALLE AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 3 Mr. Keenan stated that the TIF Accounting & Financial Reporting transition was fully functional on PeopleSoft and preparing for the first full year-end close. He answered questions of the Commissioners.
Chair Circo commended staff for their commitment to the transition and to Commissioner Hennen for his foresight and direction.
Action taken: NONE; INFORMATION ONLY.
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Action taken: NONE
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Chair Circo introduced S B Friedman and commended them for the work being provided on new TIF plans.
Fran Lefor Rood, Sr. Vice President, and Lance Dorn, Vice President, addressed the Commission and briefly described the company.
Commissioner Eddy noted their firm also offered project monitoring and compliance.
Action taken: NONE
7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Steve Sparks provided an update on the Hotel Phillips TIF Plan litigation with Marcus Hotels stating that City Council approved the settlement agreement on April 12th and the requisite disbursements had been made. The lawsuit was dismissed.
Action taken: NONE; INFORMATION ONLY.
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Ted Graves (Clay County), and Freddie Nichols (Clay County other). Absent were: Ron Schieber (Platte County), Angie Hughes (Platte R-III School District) and Mike Reik (Platte R-III School District).
8. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of March 8, 2017 meeting were included for the Commission’s review prior to the meeting.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 4 Action taken: ACCEPT THE MARCH 8, 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. HENNEN, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
9. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for May 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Platte Purchase TIF Plan: Consideration of certification of costs totaling $271,274.97, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $271,274.97 Use of funds: Street Improvements Cost certifier: Ralph Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: N/A
Notes: Street Improvements Project 1 and 2, Street widening NW 88th Street, Median Reconstruction and Traffic Signals (Certified Report No. 2017-01).
Recommendation: Approve certification of costs totaling $271,274.97.
Platte Purchase TIF Plan: Consideration of certification of costs totaling $468,113.65, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $468,113.65 Use of funds: Street Improvements Cost certifier: Ralph Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: N/A
Notes: Street Improvements Project 1 and 2, Street widening NW 88th Street, Median Reconstruction and Traffic Signals (Certified Report No. 2017-02).
Recommendation: Approve certification of costs totaling $468,113.65.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MR. PARSON, SECONDED BY MR. PARSON AND CARRIED (RES 5-1-17).
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 5 CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Ted Graves (Clay County), Freddie Nichols (Clay County other), and Matt Fritz (North Kansas City School District). Absent were: Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District), Steve Anderson (Liberty School District) and Angie Reed (Liberty School District).
10. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the April 12, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE APRIL 12, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MS. NICHOLS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY.
11. Shoal Creek Parkway TIF Plan: Consideration of approval of an Amended and Restated Redevelopment Agreement between the Commission and City of Kansas City, Missouri for the Design of a Portion of Shoal Creek Parkway and the Construction of Certain Public Infrastructure Improvements within Hodge Park in connection with and in furtherance of the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein a redevelopment area (the “Redevelopment Area”). The Shoal Creek TIF Plan had been subsequently amended, pursuant to a series of ordinances passed by the City Council.
The Shoal Creek TIF Plan, as amended, provided, among other things, for the construction of public infrastructure improvements along Shoal Creek Parkway, including the design of Shoal Creek Parkway, between N. Brighton Road and Woodson (“Shoal Creek Design”), and the construction of certain improvements within Hodge Park in Kansas City, Clay County Missouri. On August 10, 2016, the City and the Commission entered into Agreement which provided, in part, (1) for the City to undertake and complete Shoal Creek Design and to construct a multi-purpose sports field in the north portion of Hodge Park (the “Multi-Purpose Playing Field”) and (2) for the Commission to pay for certain costs related to the Shoal Creek Design in an amount no to exceed $45,000 and to pay for certain costs related to the Multi- Purpose Field in an amount not to exceed $320,000.
On April 12, 2017, the Commission, by resolution recommended that the City Council approve the 13th Amendment to the Shoal Creek TIF Plan, which provided, in part, for additional improvements within Hodge Park, including (1) general park improvements to support facilities for a playground and athletic fields, to extend an existing trail through Hodge Park and to make drainage, signage, landscaping and roadway improvements (“General Park Improvements and Trail Completion”), (2) the construction of a destination
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 6 playground project, including the installation of play equipment (the “Destination Playground”), (3) the construction of a parking lot to support the athletics fields and playground (“Parking Lot Improvements”) and (4) the construction of a water main for Hodge Park and irrigation for sports fields located within Hodge Park (the “Water Main Extension and Irrigation Improvements”, and together with the Multi-Purpose Field, the General Park Improvements and Trail Completion, the Destination Playground and the Parking Lot Improvements, the “Hodge Park Improvements”). The 13th Amendment was introduced to the City Council and considered by the Planning, Zoning and Economic Development Committee (“PZ&E”). PZ&E approved the 13th Amendment, with certain modifications unrelated to the Hodge Park Improvements, and recommended that the City Council approve the same.
The City, through its Board of Parks and Recreation Commissioners, desired to amend, restate and replace the August 10, 2016 Agreement with the Amended and Restated Agreement attached to the Commission Board Packet as Exhibit 11, which provided, in part that the City would implement the Shoal Creek Design and the Hodge Park Improvements and the Commission, subject to the terms and conditions of the Amended and Restated Redevelopment Agreement, would reimburse the City for costs related to the General Improvements and Trial Completion in amount not to exceed $920,000, costs related to the Multi-Purpose field in amount not to exceed $500,000, costs related to the Destination Playground in an amount not to exceed $900,000, costs related to the Parking Lot Improvements not to exceed $900,000 and costs related to the Water Main and Irrigation Improvements not to exceed $500,000.
To the extent the Commission found the terms acceptable of the Amended and Restated Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and Legal Counsel, but the execution and delivery of such Amended and Restated Agreement would be subject to the City Council’s passage of the 13th Amendment to the Shoal Creek TIF Plan.
Action taken: APPROVE THE AMENDED AND RESTATED REDEVELOPMENT AGREEMENT WITH THE CITY FOR THE IMPLEMENTATION OF THE SHOAL CREEK DESIGN AND THE HODGE PARK IMPROVEMENTS, BUT THE EXECUTION AND DELIVERY OF THE AMENDED AND RESTATED AGREEMENT SHALL BE SUBJECT TO THE CITY COUNCIL’S APPROVAL OF THE 13TH AMENDMENT TO THE SHOAL CREEK PARKWAY TIF PLAN. MOTION MADE BY MR. PARSON, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 5-2-17).
12. Shoal Creek Parkway TIF Plan: Consideration of approval of a Redevelopment Agreement between the Commission and Star Acquisitions, Inc. for the Construction of Certain Public Infrastructure Improvements in connection with and in furtherance of the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein a redevelopment
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 7 area (the “Redevelopment Area”). The Shoal Creek TIF Plan had been subsequently amended, pursuant to a series of ordinances passed by the City Council.
On April 12, 2017, the Commission, by resolution recommended that the City Council approve the 13th Amendment to the Shoal Creek TIF Plan, which provided, in part, for improvements to N. Booth Avenue north of MO Highway 152 and MO Highway 152, beginning at a point 1,400 linear feet west of N. Booth Avenue to a point 1,960 linear feet east of N. Booth Avenue, public detention basins and additional public utilities, including storm water, sanitary and water main lines and dry utilities (collectively, the “Public Infrastructure Improvements”). The 13th Amendment was introduced to the City Council and considered by the Planning, Zoning and Economic Development Committee (“PZ&E”). PZ&E approved the 13th Amendment, with certain modifications unrelated to the Public Infrastructure Improvements and recommended that the City Council approve the same.
Star Acquisitions, Inc. desired to enter into a Redevelopment Agreement with the Commission in a form substantially similar to Exhibit 12, attached to the Commission Board Packet, which provided, in part, that the Star Acquisitions would construct the Public Infrastructure Improvements and the Commission would reimburse costs related improvements to N. Booth Avenue and MO Highway 152 in an amount not to exceed $6,570,130, public detentions in an amount not excess of $1,146,054 and public utilities in an amount not to exceed $3,129,077.
To the extent the Commission found the terms acceptable of the Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and Legal Counsel, but the execution and delivery of such Redevelopment Agreement would be subject to the City Council’s passage of the 13th Amendment to the TIF Plan.
The developer and counsel were present to answer questions.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT WITH STAR ACQUISITIONS, INC. FOR THE IMPLEMENTATION OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS CONTEMPLATED BY THE SHOAL CREEK PARKWAY TIF PLAN, BUT THE EXECUTION AND DELIVERY OF THE REDEVELOPMENT AGREEMENT SHALL BE SUBJECT TO THE CITY COUNCIL’S APPROVAL OF THE 13TH AMENDMENT TO THE SHOAL CREEK PARKWAY TIF PLAN. MOTION MADE BY MR. PARSON , SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 5-3-17).
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Ted Graves (Clay County), Freddie Nichols (Clay County other), and Matt Fritz (North Kansas City School District. Absent were: Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District) and Terry Ward (North Kansas City School District).
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 8 13. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the April 12 and April 18, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE APRIL 12 AND APRIL 18, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MS. NICHOLS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
PUBLIC HEARING – 9:15 AM
Responding to the roll call for the Antioch Crossing TIF public meeting, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Ted Graves (Clay County), Freddie Nichols (Clay County other), and Matt Fritz (North Kansas City School District. Absent were: Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District) and Terry Ward (North Kansas City School District).
14. Antioch Crossing TIF Plan - Third Amendment: Consideration of approval of the Third Amendment of the Antioch Crossing TIF Plan, and other matters related thereto.
Cathleen Flournoy stated the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Third Amendment to the Antioch Crossing TIF Plan.
Notices: In accordance with Section 99.830 of the Revised Statutes of Missouri, staff prepared and delivered all required notices of this hearing.
Staff delivered notice by certified mail on February 24, 2017 to the taxing districts from which taxable property is included in the redevelopment area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Third Amendment to the Antioch Crossing TIF Plan prior to the date of this hearing.
Staff prepared and published notices in the Kansas City Star on March 13, 2017 and April 3, 2017.
Staff prepared and delivered notices on March 28, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the redevelopment project or plan area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
Proposed Third Amendment to the Antioch Crossing TIF Plan: The Third Amendment, if approved, would provide for the inclusion of additional public infrastructure improvements, modifications to the description of the Antioch Crossing Advisory Committee, modifications to the description to the Redevelopment Area, and modifications to the Budget of Redevelopment Project Costs.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 9 Proposed Redevelopment Area: The description of the Redevelopment Area as proposed by the Third Amendment included an area generally bound by Chouteau Trafficway on the north and east, by NE Antioch road, on the west and N. Vivion Road on the south, including the public improvements to NE 53rd Street, beginning at N. Chouteau7 Trafficway and continuing east to N. Indiana, the Big Shoal Creek Trail and trail amenities along N. Chouteau Trafficway, beginning at Chouteau Trafficway and continuing to North Brighton, and Vivion Road Enhancements, beginning at the N. Chouteau Trafficway intersection and continuing west to N. Antioch Road.(the “Redevelopment Area”) in Kansas City, Clay County, Missouri (the “City”).
Antioch Crossing Advisory Committee: The Antioch Crossing Advisory Committee would provide advice to the Commission regarding the use and disbursement of funds placed in the accounts designated for expenses related to the Public Improvements contemplated by the Antioch Crossing TIF Plan and to serve as liaison with the taxing Districts, City departments and other parties having and interest in and directly adjacent to the Redevelopment Area. The Commission would approve the composition of the Committee and the Committee shall serve in an advisory capacity to the Commission.
Estimated Redevelopment Costs and Reimbursable Costs: The Antioch Crossing TIF Plan provided that the total cost to the Redeveloper to implement Redevelopment Project Areas 1-3 and to construct the necessary public improvements and infrastructure related thereto was estimated to be $98,970,104, which was provided in detail on Exhibit 5. The Redeveloper and third parties would finance $40,745,031 (approximately 41.2% of the total costs) through a combination of equity and private debt financing. For the remaining $58,225,073 (approximately 58.8% of the total costs), the Redeveloper was seeking TIF Revenue and Super TIF. The estimated Redevelopment Project Costs to be reimbursed from the Special Allocation Fund were identified on Exhibit 5. The Third Amendment modified the Budget of Redevelopment Project Costs to include an additional $200,000 for the Design of NE 52nd Street, an additional $500,000 for the construction of Big Shoal Creek Trail, and an additional $500,000 for Vivion Road Enhancements.
Statutory Findings: It was Staff’s recommendation that the Third Amendment did not alter the previous required statutory findings made by the TIF Commission. Specifically,
• Blighted Area: The Third Amendment did not alter the previous finding that the Redevelopment Area on the whole was a blighted area and had not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed “but for” the adoption of tax increment financing. This amendment would not change these findings.
• Finding the Area Conforms to the City’s Comprehensive Plan: The changes contemplated by the Third Amendment were of a nature that they did not alter the TIF Commission’s previous finding that the Antioch Crossing TIF Plan conformed to the City’s FOCUS Plan.
• Cost Benefit Analysis: The changes contemplated by the Third Amendment were of a nature that they did not alter the TIF Commission’s Cost Benefit Analysis incorporated within the Plan.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 10 • Redevelopment Schedule: All Redevelopment Projects, including those contemplated by the Third Amendment, were to be completed no later than twenty-three (23) years from the adoption of the ordinances approving the Redevelopment Projects.
• Relocation Plan: The changes contemplated by the Third Amendment were of a nature that they did not alter the previous relocation assistance plan that was a part of the TIF Plan. The Third Amendment did not contemplate the relocation of any businesses or residents.
• Gambling Establishment: The Third Amendment did not include development or redevelopment of any gambling establishment.
• Acquisition by Eminent Domain: This Third Amendment did not contemplate that any property located within a Redevelopment Project Area would be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
• Date to Adopt Redevelopment Project: The Third Amendment did not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan. Staff recommended approval of the Third Amendment to the Antioch Crossing TIF Plan.
Ms. Flournoy noted that the project areas had been reduced due to areas south of Vivion Road being included in the new Vivion Point TIF Plan, as well as removal of Projects 4. Further, the Antioch Crossing Advisory Committee had recommended the public improvements being presented. The housing component would be funded through the Antioch Mall amendment.
Chair Circo opened the floor for questions and all were heard.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MS. NICHOLS, SECONDED BY MR. HENNEN AND CARRIED UNANIMOUSLY (RES 5- 4-17).
APPROVE THE THIRD AMENDMENT OF THE ANTIOCH CROSSING TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MS. MORALES, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 5-5-17).
Commissioner Morales stepped out at this time.
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the Antioch Mall TIF public meeting, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Troy Nash (via teleconference), Jason Parson, Randy Landes, Ted Graves (Clay County), Freddie Nichols (Clay County other), and Matt Fritz (North Kansas City School District. Absent were: Estella Morales, Jerry Nolte (Clay County), Paul Harrell (North Kansas City School District) and Terry Ward (North Kansas City School District).
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 11
15. Antioch Mall TIF Plan - Fourth Amendment: Consideration of approval of the Fourth Amendment of the Antioch Mall TIF Plan, and other matters related thereto.
Chair Circo stated that questions would be taken from the public followed by a presentation by staff which should provide the necessary answers. All were heard.
Commissioner Morales returned at this time.
Cathleen Flournoy stated that the Antioch Mall TIF Plan was being amended to create a housing improvement program which would initially begin in the Beverly Manor neighborhood, eventually moving to the Greenhaven neighborhood with a final target area southward. She further outlined the proposed $10,000 loan/grant components for single- family owner-occupied properties and Heather Brown specified the income guidelines regarding potential matching funding requirements. Once the program was defined, the neighborhood associations would organize meetings to disseminate the information to homeowners.
Ms. Flournoy emphasized that the funding would be provided by the sales tax revenues generated by the QuikTrip located at Vivion & Antioch and property taxes would not be impacted.
Chair Circo opened the floor for further questions. She further noted that the ongoing point of contact would be Northland Neighborhood, Inc. or TIF Business Development Officer, Cathleen Flournoy.
Ms. Flournoy stated the public hearing continuance was necessary to provide the consultant additional time to complete the conservation study.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:15 AM JUNE 14, 2017. MOTION MADE BY MS. MORALES, SECONDED BY MS. NICHOLS AND CARRIED UNANIMOUSLY (RES 5-6-17).
JACKSON COUNTY/HICKMAN MILLS AGENDA ITEMS
Responding to the roll call for the Jackson County/Hickman Mills TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Jim Malle (Jackson County), and Jim Staley (other). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Dennis Carpenter (Hickman Mills School District), and Darrell Curls (Hickman Mills School District).
16. Consideration of acceptance of the Jackson County/Hickman Mills TIFC Minutes, and other matters related thereto.
Minutes of the March 9, 2017 Jackson County/Hickman Mills meeting were included for the Commission’s review prior to the meeting.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 12 Action taken: ACCEPT THE MARCH 9, 2017 JACKSON COUNTY/HICKMAN MILLS MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
17. Hickman Mills TIF Plan: Consideration of approval of an Affidavit of First Amended Acquisition Funding Agreement Mutual Release and Termination in connection with the Hickman Mills TIF Plan, and other matters related thereto.
Wesley Fields stated that on December 3, 1992, the City Council of Kansas City, Missouri (the “Council”) passed Ordinance No. 921259 approving the Hickman Mills Tax Increment Financing Plan. The City subsequently amended the Hickman Mills Tax Increment Financing Plan by Ordinance No. 981336 (collectively, the “Hickman Mills TIF Plan”).
On August 15, 2007, Sanofi-Aventis U.S., LLC (as successor by prior transfers or assignments from Marion Merrell Dow Inc., Hoechst Marion Roussel Inc. and Aventis Pharmaceuticals Inc. (formerly known as Aventis Pharmaceuticals Products, Inc.)) (the “Redeveloper”) entered into an Amended and Restated Agreement with the Commission for the implementation of the Hickman Mills TIF Plan (the “Redevelopment Agreement”), including the acquisition and development of certain property located within the Redevelopment Area.
The Commission and the Redeveloper executed a First Amended Acquisition Funding Agreement, dated January 25, 1995 (the “Acquisition Agreement”), which provided, in part, for the Commission to acquire certain properties identified as necessary for the implementation of the Hickman Mills TIF Plan, including, but not limited to, property located at approximately 9902 Hickman Mills Drive, Kansas City, Jackson County Missouri (the “Property”). Upon the satisfaction of certain conditions set forth in the Acquisition Agreement, including the Redeveloper’s payment of all costs and expenses related to and in connection with the acquisition of the Property, the Commission was obligated to acquire the Property and thereafter convey title to the Property to the Redeveloper and the Redeveloper was obligated to accept title to the Property, in connection with and in furtherance of the implementation of the Hickman Mills TIF Plan and the Redevelopment Agreement.
The Commission, subject to the satisfaction of the terms and conditions of the Acquisition Agreement, previously acquired title to the Property, but had yet to transfer the Property to Redeveloper. The Redeveloper had completed all improvements contemplated by the Hickman Mills TIF Plan and no longer required title to the Property. The Redeveloper desired that title be conveyed to the adjoining property owner, the Pipefitters Local Union No. 533 Education Training Program Fund. The Redeveloper further desired that upon the transfer of the Property to the Pipefitters Local Union No. 533 Education Training Program Fund, that the Commission and the Redeveloper agree to terminate the Acquisition Agreement and release one another from all duties and obligations arising thereunder.
Attached to the Commission’s Board Packet was an Affidavit of First Amended Acquisition Funding Agreement Mutual Release and Termination, which provided, in part, that upon the Commission’s conveyance of title of the Property to Pipefitters Local Union No. 533 Education Training Program Fund, each of the Commission and the Redeveloper acknowledge and agree that duties and obligations arising under the Acquisition Agreement had been fully performed and the Acquisition Agreement and any all amendments or extensions, if any, were terminated and each of the Commission and Redeveloper shall be
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 13 deemed released from the terms and conditions of such Acquisition Agreement effective with the recording of the Quit Claim Deed which conveys the Property, without any representation or warranty, to Pipefitters Local Union No. 533 Education Training Program Fund, attached to the Commission’s Board Packet as Exhibit 18.
To the extent the Commission found the terms of the Affidavit of First Amended Acquisition Funding Agreement Mutual Release and Termination and the Quit Claim Deed, attached to the Commission Board Packet as Exhibits17 and 18, to be acceptable, staff and legal counsel recommended approval, execution and recording.
Action taken: APPROVE AFFIDAVIT OF FIRST AMENDED ACQUISITION FUNDING AGREEMENT MUTUAL RELEASE AND TERMINATION BETWEEN THE TIF COMMISSION AND SANOFI-AVENTIS U.S., LLC AND THE QUIT CLAIM DEED CONVEYING PROPERTY LOCATED AT APPROXIMATELY 9902 HICKMAN MILLS DRIVE, KANSAS CITY, MISSOURI TO THE PIPEFITTERS LOCAL UNION NO. 533 EDUCATION FUND RELATIVE TO THE HICKMAN MILLS TIF PLAN. MOTION MADE BY MR. LANDES, SECONDED BY MR. MALLE AND CARRIED UNANIMOUSLY (RES 5-7-17).
JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Randy Landes, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Debbie Siragusa (other). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Shannon Jaax (Kansas City School District), and Kevin Masters (Kansas City School District).
18. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the April 12, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE APRIL 12, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
19. Universal Floodwater Detention TIF Plan: Presentation regarding the Universal Floodwater Detention TIF Plan, and other matters related thereto.
Commissioners Jaax and Masters arrived at this time.
Kansas City, Missouri City Manager, Troy Schulte, presented the proposed termination of the Universal Floodwater Detention TIF Plan which requested that $9.8 million of the remaining available funds in the Special Allocation Fund be used for the following purposes:
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 14 Stormwater channel improvements along Universal north of Front $3,000,000 Pavement replacement northbound Universal north of Front 500,000 Repair/infill missing curbs/sidewalks both sides of Universal 300,000 Bicyle/pedestrian access and trail construction along levee 500,000 Acquisition/demolition of blighted Ramada Hotel 1,500,000 Partial funding of reconstruction Front from Chouteau to Universal 4,000,000
He noted that the estimated $11 million reconstruction of Front Street from Chouteau to Universal was necessary to handle industrial traffic and the requested $4 million TIF funds would be supplemented by a $3 million federal surface transportation grant and a $4 million contribution of future City general obligation bonds. The balance would address most deferred street, sidewalk and stormwater maintenance needs within or closely adjacent to the current Universal TIF boundaries, provide a new recreational amenity within the district eventually connecting into the broader trail network of the City, and eliminate the blighting property that impacts district public safety and property values. He noted that completion of these remaining infrastructure projects would minimize or eliminate the need for future economic incentives in the area.
Mr. Schulte recommended the closing of the Universal TIF Plan and surplusing the approximately $2 million of the available SAF to all non-City taxing jurisdictions. He further noted that of the $11.8 million current surplus balance, roughly $6 million were City and $6 million non-City resources. The City was requesting $3.8 million be redirected for termination of the Plan which in future years would allow $1 million to go to the taxing jurisdictions from property tax base and $1 million for the City from EATs. Additionally, annual future property taxes in excess of $1 million per year generated in the district would be made available for all taxing jurisdictions. The recommendations would only require amending the budget as no boundary changes were anticipated.
Discussion ensued.
Mr. Schulte confirmed the subject projects were within or contiguous to the TIF boundaries and that the $3 million federal grant would expire in 2019 if not implemented.
Wesley Fields confirmed contiguous areas did not require boundary changes.
Commissioner Siragusa stated that the taxing jurisdictions’ budgets were as important as the projects, therefore, requested keeping the $4.8 million and noted that they would work towards that goal. She asked whether the conversation was open for discussion.
Mr. Schulte acknowledged that there were opportunities for discussion including extension of the TIF which involved consideration of current resources versus one-time resources, which could include keeping the Plan open one more year and surplusing $4 million or 2 years and surplusing $6 million.
Wes Minder, KCMO, noted that the recurring infrastructure maintenance issues created operational benefits to consider.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 15 Chair Circo stated that the City’s presentation was to allow an understanding of their intent and that information would require further collective conversations to understand timing, matching funds, others’ needs and to determine how to determine how to fund the $4 million gap.
Mr. Schulte clarified the City needed $4 million to cover the funding gap in completing the proposed projects which was the share of the roughly $6 million in PILOTs attributable to the other taxing jurisdictions’ share of the money now. In order to distribute the one-time money now, everyone must agree to keep the Plan open two more years then terminate.
He further confirmed that the last project of the Universal TIF was the storm water basin which had just completed within the last year and completed reimbursement within the last 60 days.
Chair Circo opened the floor.
Melissa Robinson, representative and Board Chair for Subdistrict 4 of the Kansas City Public Schools, stated it was time to terminate the TIF and return the project back to the tax rolls thereby completing the incentive cycle. The School District respectfully requested that all the surplus funds be distributed to all taxing jurisdictions.
Dr. Mark Beddell, Superintendent Kansas City Public Schools, stated why the surplus funds were critical to serving the students of the district. He asked to have collaboration, but to follow the process and ensure the various entities received their fair share of what was due.
Heather Brown confirmed there were over $13 million authorized expenditures identified for projects remaining in the TIF Plan and, although Phase 1 had reached its 23-year clock, the termination date for remaining projects was 2025.
Discussion ensued.
Susan Stocking, KCPS parent, read a statement from Angie Lisler of Tower Homes Association and Waldo Business demanding surplus funds be returned.
Jan Parks, Coalition for KC Economic Development Reform, rejected the City Manager’s proposal and committed to continue opposition of the project.
Commissioner Siragusa distributed a letter authored by Crosby Kemper requesting return of surplus funds to the taxing jurisdictions. She further proposed a motion instructing staff to start the process to issue notice for a public hearing of the Universal TIF Plan in lieu of waiting until the next Board Meeting.
Chair Circo stated her intent was to return the matter to the TIF Governance, Finance & Audit Subcommittee for further consideration.
Action taken: INSTRUCT STAFF TO ISSUE 45-DAY NOTICE OF PUBLIC HEARING FOR THE UNIVERSAL FLOODWATER DETENTION TIF PLAN. MOTION MADE BY MS. SIRAGUSA, SECONDED BY MR. MASTERS.
{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 16
Commissioners Siragusa and Masters stated their desire not to elongate the process and feel confident everyone would work to achieve a resolution.
Chair Circo stated her reservations that a resolution could be reached in 45 days. She further believed everyone’s intent was to terminate the Plan, however, would follow the process laid out in the presentation and allow Governance & Finance to work out the numbers.
The question was called: AND FAILED 6-5 BY THE FOLLOWING ROLL CALL VOTE: CINDY CIRCO NAY DARREN HENNEN NAY ESTELLA MORALES NAY TROY NASH NAY JASON PARSON NAY RANDY LANDES NAY JOHNNY SWEENEY AYE JIM MALLE AYE DEBBIE SIRAGUSA AYE SHANNON JAAX AYE KEVIN MASTERS AYE
Chair Circo stated that if a resolution was reached prior to the 45 days a special session could be scheduled.
20. Adjournment
There being no further action to come before the Board, the meeting was duly adjourned.
______Secretary
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{File: EDCKC/60/ADM/ADMST/99/00195197.DOC / 2} 17 Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: June 14, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Estella Morales Troy Nash (teleconference) Jason Parson Jeffrey Williams Randy Landes
TAXING DIST: Jim Malle, Jackson County Jerry Nolte, Clay County Ted Graves, Clay County Freddie Nichols, Clay County, other Paul Harrell, North Kansas City School District Matt Fritz, North Kansas City School District Frank Offutt, Platte County Jim Staley, Mid Continent Library, other Bruce Eddy, other Kevin Masters, Kansas City School District
ABSENT: Darren Hennen Calvin Williford, Jackson County Scott Jacoby, Jackson County Dagmar Wood, Platte County Debbie Siragusa, Jackson County, other Shannon Jaax, Kansas City School District Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District John Elliott, Platte County William Brown, Platte County other Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Dennis Carpenter, Hickman Mills School District Darrell Curls, Hickman Mills School District
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Cathleen Flournoy, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Steve Sparks, Bryan Cave Herb Hardwick, Hardwick Law Dan Bagunu, KCMO Kellee Madinger, White Goss Jim Noland, Stern Brothers Ryan Selby, Briarcliff Cassidy McCrite, McCite Plaza Eddy James, McCrite Plaza Will Heitzman, DST
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, Jim Malle (Jackson County), Bruce Eddy (other), Paul Harrell (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Darren Hennen, Jerry Nolte (Clay County), Ron Schieber (Platte County), Calvin Williford (Jackson County), Scott Jacoby (Jackson County), and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the May 10, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 2
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, May 22, 2017 and Wednesday, June 7, 2017 at the offices of the Economic Development Corporation.
Items discussed during the Affirmative Action Subcommittee were included as separate agenda items in the board packet.
The next Subcommittee meeting was scheduled for Monday, June 26, 2017.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Cindy Circo stated that the Governance, Finance and Audit Subcommittee met on June 2, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Doug Buehler, City Treasurer, presented the quarterly investment report and answered questions of the Commissioners.
Commissioner Nolte arrived at this time.
Mr. Keenan confirmed that the investments earnings were collected into one account with prorated shares distributed to the various SAF accounts accordingly and none were deposited to the General Fund or Developers Fund.
Chair Circo commended the Commission for implementing the current investment policy which had previously been recommended by Ms. Brown but never enacted.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY.
Commissioner Masters requested reinstating the one-page matrix formerly used by Accounting, as well as education regarding the 5% Administrative Fee source and use.
Dan Bagunu presented the final report on the TIF Accounting & Financial Reporting transition describing the complicated process and commended the various entities and staff involved in bringing it into fruition. He further expressed appreciation to Chair Circo and Treasurer Hennen for providing a thoughtful process.
Action taken: NONE; INFORMATION ONLY.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 3 5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Action taken: NONE
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Chair Circo noted the retirement of Paul Harrell from the North Kansas City School District and expressed appreciation for his service to the Commission.
Action taken: NONE; INFORMATION ONLY.
7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Action taken: NONE
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, and Frank Offutt (other). Absent were: Darren Hennen, Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
8. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the May 10, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 PLATTE COUNTY/PLATTE RIII-PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
9. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for June 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 4 KCI TIF Plan: Consideration of certification of costs totaling $208,799.83, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $208,799.83 Use of funds: Street Improvements Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% Compliant. Last reporting cycle 94% (1st half 16).
Notes: Street Improvement for Projects 5B Skyview Avenue Right of Way and 7B Old Tiffany Springs Road. Engineering Costs for Projects 4B, 5B, 6A, 7A and 7B and related Legal Fees and Construction Interest. Pay Application Request for March, 2017 costs.
Notes: Portion of this request will be paid from a bond draw—see schedule below.
Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 195,527.94 $ 13,271.89 $ 208,799.83
Recommendation: Approve certification of costs totaling $208,799.83 and related bond draw of $195,527.94.
KCI TIF Plan: Consideration of certification of costs totaling $26,509.39, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $26,509.39 Use of funds: Street Improvements Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% Compliant. Last reporting cycle 94% (1st half 16). Notes: Street Improvement for Projects 5B Skyview Avenue Right of Way and 7B Old Tiffany Springs Road. Engineering Costs for Projects 4B, 5B and 7B and related Legal Fees and Construction Interest. Pay Application Request for April, 2017 costs.
Notes: Portion of this request will be paid from a bond draw—see schedule below.
Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 16,779.73 $ 9,729.66 $ 26,509.39
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 5 Recommendation: Approve certification of costs totaling $26,509.39 and related bond draw of $16,779.73.
KCI TIF Plan: Consideration of certification of costs totaling $4,204.77, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $4,204.77 Use of funds: Sewer Improvements Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% Compliant. Last reporting cycle 94% (1st half 16).
Notes: 108th Street/Shoal Creek Parkway Project 16 Pay Application 15 Construction Cost, related Administration Fees and Construction Interest.
Recommendation: Approve certification of costs totaling $4,204.77
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 6-1-17).
Commissioner Nolte stepped out at this time
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, and Freddie Nichols (Clay County other). Absent were: Darren Hennen, Jerry Nolte (Clay County), Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Mike Reik (Platte R-III School District), and Angie Hughes (Platte R-III School District)).
10. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of May 10, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 6 11. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for June 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Platte Purchase TIF Plan: Consideration of certification of costs totaling $13,563.78, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $13,563.78 Use of funds: Street Improvements Cost certifier: Ralph C. Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: N/A
Notes: Development costs and legal fees for street improvements Project 1 and 2, street widening NW 88th Street, median reconstruction and traffic signals.
Recommendation: Approve certification of costs totaling $13,563.78.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 6- 2-17).
CLAY COUNTY/NKC AGENDA ITEMS
PUBLIC HEARING – 9:15 AM
Responding to the roll call for the Antioch Mall TIF public Hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols (Clay County other), Matt Fritz (North Kansas City School District), and Paul Harrell (North Kansas City School District). Absent were: Darren Hennen and Terry Ward (North Kansas City School District).
12. Antioch Mall TIF Plan - Fourth Amendment: Consideration of approval of the Fourth Amendment of the Antioch Mall TIF Plan, and other matters related thereto.
Chair Circo introduced the deaf interpreter previously requested by the public.
Cathleen Flournoy stated that the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Fourth Amendment to the Antioch Mall TIF Plan (the “Redevelopment Plan” or “Plan”).
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Redevelopment Plan Area: The Redevelopment Area is generally bounded by N. Garfield Avenue and N. Antioch Road on the west; NE 46th Street to the south; NE 56th Street to the north; and N. Jackson Avenue and N. Norton Avenue on the east, with the exception of an area that is generally bounded by N. Chouteau Trafficway on the north and east, NE 50th Street on the south and N. Antioch on the west, all in Clay County, Kansas City, Missouri. The Redevelopment Area was modified to include surrounding neighborhoods and to terminate Project Areas 5, 6, 7 and 11.
Developer: The Antioch Mall TIF Plan was a proactive effort between The City of Kansas City, MO, the TIF Commission, Northland Neighborhoods, Inc. and the Antioch Mall Neighborhood Advisory Committee.
Notices: Staff delivered notice by certified mail on February 24, 2017 to the taxing districts from which taxable property is included in the redevelopment area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Third Amendment to the Antioch Crossing TIF Plan prior to the date of the hearing.
Staff prepared and published notices in the Kansas City Star on March 13, 2017 and April 3, 2017.
Staff prepared and delivered notices on March 28, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the redevelopment project or plan area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
This public hearing was continued from May 10, 2017 to today.
General Description of the Fourth Amendment to the Antioch Mall TIF Plan: The Redevelopment Plan proposes the demolition of a 30,000 square foot building and the construction of a 5,000 square foot convenience/gasoline retail building within a single Redevelopment Project (Redevelopment Project 10). Payments in Lieu of Taxes and Economic Activity Taxes generated by Redevelopment Project 10 would be utilized to fund a neighborhood and infrastructure program.
The Fourth Amendment (1) modifies the boundary and legal description of the Redevelopment Area, (2) eliminates certain Redevelopment Project Areas identified by the Plan, (3) modifies the description of Project Improvements described by the Plan, (4) modifies the Specific Objectives identified by the Plan, (5) modifies the Budget of Redevelopment Project Costs set forth in the Plan, (6) modifies the projected Payments in Lieu of Taxes and Economic Activity Taxes set forth in the Plan, (7) modifies the Sources and Uses of Funds identified by the Plan and (8) modifies the Existing Conditions Study attached to and incorporated within the Plan.
What is driving the need for an incentive? The area has been determined through a study conducted by Belke & Associates, attached as Exhibit 10, to statutorily be deemed a Conservation Area. Tax Increment Financing is being utilized to eliminate blighting factors contributing to the designation and encourage investment through private enterprise that would not reasonably be anticipated without the use of the program.
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What is unique about the location or the project? The Fourth Amendment to the Antioch Mall TIF plan encompasses a large geographic footprint in order to create a Neighborhood Improvement Program as a result of incremental TIF revenue generated by Redevelopment Project 10.
How does this project fit into the City’s economic development strategy? The Antioch Mall TIF Plan provides for the elimination of blighting factors contributing to the conservation designation and allowing for redevelopment through a public/private partnership between the TIF Commission, City of Kansas City, MO and the Antioch Mall Neighborhood Advisory Committee.
Why is this project good in the long term for the City? The Fourth Amendment to the Antioch Mall TIF Plan will allow for the creation of a Neighborhood Improvement Program thereby continuing the revitalization of the Antioch and NE Vivion Road Corridor. The Neighborhood Improvement Program was designed similarly to the Encore Program within the North Oak TIF Plan Area and would allow for owner-occupied homeowners within the Redevelopment Plan area to receive a grant for up to $10,000. The grant would be forgiven at a rate of 20% annually over five years in the event the owner remains in the home. A matching contribution to the grant may be required depending on the homeowner’s income. Using HUD Guidelines, a family of 4 with an income over $74,800 would be required to provide a 1:1 match to the grant with no match required if the family’s income was below the threshold.
Why is this specific level of incentives being recommended? The Antioch Mall TIF Plan is a redevelopment partnership between the City of Kansas City, MO, the TIF Commission, Northland Neighborhoods, Inc., and the Antioch Mall Advisory Committee. The Fourth Amendment to the Redevelopment Plan allows for the creation of a Neighborhood Improvement Program. The adjustments made to the Redevelopment Project Costs were a result of discussions and recommendations by the Plan’s partnership.
How is this incentive different than one that might have been granted 10 years ago? The Fourth Amendment to the Redevelopment Plan is a result of bringing affected partners together to discuss the need to help the surrounding neighborhoods and formulating a program that would create the most benefit with the TIF dollars available.
Statutory Findings: It was Staff’s recommendation that the Fourth Amendment to the Antioch Mall Tax Increment Financing Plan met each of the required statutory findings identified by the TIF Act. Specifically: • Conservation Area: The Redevelopment Area qualifies as a Conservation Area. The Conservation Study, attached as Exhibit 10, provides evidence of deteriorating improvements, economic underutilization, and other blighting conditions stated within the Redevelopment Act in Section 99.805 RSMo.
• Finding the Area Conforms to the City’s Comprehensive Plan: The Redevelopment Plan conforms to the City’s FOCUS Plan and the applicable Area Plan.
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• Redevelopment Schedule: The Redevelopment Plan provides that the estimated date of completion of any redevelopment project described by the Plan and retirement of obligations incurred to finance redevelopment project costs identified by the Plan shall not occur later than twenty-three (23) years after such redevelopment project is approved by ordinance.
• Relocation Plan: The Redevelopment Plan contains a relocation assistance plan. The Plan does not contemplate the relocation of any businesses or residents.
• Gambling Establishment: The Redevelopment Plan does not include development or redevelopment of any gambling establishment.
• Acquisition by Eminent Domain: The Redevelopment Plan does not contemplate that any property located within a Redevelopment Project Area will be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
• Date to Adopt Redevelopment Project: The Redevelopment Plan does not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the Plan. Recommendation: Staff recommended approval of the Fourth Amendment to the Antioch Mall TIF Plan.
Ms. Flournoy stated that the Program’s initial focus would be Beverly Manor to continue the current momentum of rentals to home ownership conversions. She confirmed that funding was generated by the QuikTrip revenue.
Discussion ensued.
Commissioner Williams noted that City Planning & Development would participate to develop metrics that worked across the board and leveraged other programs. The Commission’s direction would be required on policies.
Chair Circo noted that renters play a vital role and should not be discounted.
Commissioner Harrell stated the School District’s support.
Chair Circo opened the floor for comments.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MS. NICHOLS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 6-3-17).
APPROVE THE PROPOSED FOURTH AMENDMENT TO THE ANTIOCH MALL TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MR. NOLTE, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY (RES 6-4-17).
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13. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the May 10, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
14. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for June 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
North Oak TIF Plan: Consideration of certification of costs totaling $220,000.00, and other matters related thereto.
Request from: Kansas City Parks & Recreation Total amount requested: $220,000.00 Use of funds: Design and Construction Cost. Cost certifier: Ralph C. Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant, last reporting cycle 100% (1st half 16).
Notes: Request for funds from Neighborhood Improvement District for the design, land acquisition and construction of the North Troost Trails.
Recommendation: Approve certification of costs totaling $220,000.00.
North Oak TIF Plan: Consideration of bond draw totaling $11,629.00, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $11,629.00 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 11 Bond Project Draw Funds Portion Portion Total North Oak TIF Plan - Admin Fees P. Carlson & N. Booth - Inv 40 1,629.00 - 1,629.00 - TNG Construction LLC - Inv 2479 10,000.00 - 10,000.00 - - - - 11,629.00$ 11,629.00$ -$ $ 11,629.00
Notes: The draw was for $1,629.00 Administrative Fees and $10,000.00 subcontractor’s reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve bond draw totaling $11,629.00.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 6-5-17).
15. Briarcliff West TIF Plan: Consideration of approval of the Marriott TownePlace Good Faith Effort review relative to the Briarcliff West TIF Plan, and other matters related thereto.
Herb Hardwick stated that the Town Place Suites by Marriott Project at Briarcliff was a project established under the Briarcliff West TIF Plan. The Briarcliff West TIF Plan which was adopted on May 3, 1990 pursuant to City Ordinance 065497. Briarcliff West TIF Plan had been amended with the 11th Amendment to the Plan being approved pursuant to Ordinance 160907 by the City of Kansas City, Missouri on December 15, 2016.
The Tax Increment Financing Commission’s Affirmative Action and Contract Compliance Subcommittee convened a special meeting on Wednesday, June 7, 2017, to review the Towne Place Suites by Marriott Briarcliff Project.
The Towne Place Suites by Marriott is a 108 guest room hotel project. The developer of the project is Briarcliff Development Company. The City of Kansas City, Missouri’s Human Relations Department (“HRD”) performed a Good Faith Analysis on the project. The MBE professional services goals assigned to the project were 22% and the WBE professional services goals were 7%. The developer achieved 28% participation with respect to MBE professional services and 1% participation with respect to the WBE professional services. The Developer exceeded the MBE professional services goal of 22% by 6% but achieved only 1% participation of the WBE professional service goal of 7%.
HRD reviewed the project utilizing the criteria established by the TIF Affirmative Action Policy and the City’s Ordinance. HRD concluded the Developer failed to meet seven of the eight criteria which collectively constituted the Good Faith Efforts standard. In its review, HRD determined the Developer had “pre-selected” a group of WBE and MBE Companies to bid on the project. When one of the pre-selected WBE Companies opted not to bid, the
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 12 Developer could not rely upon the WBE Company which had been invited. HRD concluded the Developer had not fully utilized or attempted to reach out to WBE Companies which may have been available to submit bids.
On May 22, 2017, the Developer, represented by Tim W. Homburg of NSPJ Architects, PA, made a presentation to the TIF AACC Subcommittee at a special meeting. Mr. Homburg explained how the Developer utilizes a design build approach to manage costs on its’ construction projects. As such, their process does not lend itself to the conventional bid process typically used by contactors on TIF Development Projects. Given the timing for the construction of the project and the WBE Company’s decision to not bid, Mr. Homburg stated these factors created extenuating circumstances for the Developer in its attempt to achieve the target WBE goal for the project.
In light of the HRD analysis, in which it detailed how the Company failed to meet 7 of the 8 standards, coupled with the testimony of the Company Representative, Tim Homburg, which confirmed the HRD’s assessment of how the Company elected to pre-select and in turn assume a certain business risk. The Affirmative Action and Contract Compliance Subcommittee recommended to the Commission that it accept the recommendation of HRD and impose on the Developer a liquidated damages assessment of $18,429.00 for its failure to meet the Good Faith Efforts in connection with the project.
Commissioner Morales expressed gratitude to the Subcommittee for the extensive time committed to the review and analyzation of the issues.
Mr. Hardwick stated that the assessed damages would be used for MBE/WBE educational programs and participants to build capacity.
Chair Circo commended the Subcommittee and Legal Counsel.
Action taken: ACCEPT THE RECOMMENDATION BY THE HUMAN RELATIONS DEPARTMENT OF KANSAS CITY, MISSOURI TO IMPOSE ON THE DEVELOPER BRIARCLIFF DEVELOPMENT COMPANY A LIQUIDATED DAMAGES ASSESSMENT OF $18,429.00 FOR ITS FAILURE TO MEET THE GOOD FAITH EFFORTS FOR PROJECT 8 OF THE BRIARCLIFF WEST TIF PLAN. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 6-6-17).
AUTHORIZE AND DIRECT LEGAL COUNSEL TO SEND NOTICE OF DEFAULT TO THE DEVELOPER FOR FAILURE TO COMPLY WITH THE AFFIRMATIVE ACTION POLICY IN ACCORDANCE WITH THE REDEVELOPMENT AGREEMENT. MOTION MADE BY MS. CIRCO, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 6-15-17).
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 13 16. Briarcliff West TIF Plan: Consideration of approval of the McCrite Good Faith Effort reviews relative to the Briarcliff West TIF Plan, and other matters related thereto.
Herb Hardwick stated that the Tax Increment Financing Commission Affirmative Action and Contract Compliance Subcommittee (“TIF AACC”) convened a special meeting on Wednesday, June 7, 2017 to review the McCrite Plaza at Briarcliff Project.
The McCrite Plaza at Briarcliff Project is a project established under the Briarcliff West TIF Plan which was adopted on May 3, 1990 pursuant to City Ordinance 065497. The plan has been amended with the 11th Amendment being approved by the City Council pursuant to Ordinance 160907 on December 15, 2016.
The McCrite Plaza at Briarcliff Project involves the development and construction of an assisted living facility. McCrite Plaza Real Estate, LLC is the Developer for the project and Excel Construction, Inc. serves as the General Contractor.
The City of Kansas City, Missouri’s Human Relations Department (“HRD”) established a target goal of 15% for MBE participation and a target goal of 9% for WBE participation for the project. To date the project has achieved 4.7% MBE participation for construction services and 4.7% WBE participation. The Developer has agreed to amend the goal of 7.1% WBE participation with respect to construction services. The Human Relations Department of Kansas City, Missouri performed a Good Faith Efforts review of the project and concluded the Developer had not met Good Faith Efforts and consequently recommends the Developer be assessed liquidated damages in the amount of $1,639,290.90 related to MBE participation and $655,716.00 related to WBE participation for a total assessment of $2,295,006.90.
The Subcommittee reviewed the findings of HRD and the TIF Commission’s Affirmative Action Policy and criteria to determine if the Developer achieved Good Faith Efforts for MBE and WBE participation for the project. In its application of the TIF Affirmative Action Policy and the criteria as applied to the McCrite project, the TIF AACC members considered the relevant policy and legal requirements for the Commission’s Good Faith Efforts review.
The Subcommittee reviewed information submitted by HRD, the Developer’s General Contractor and Agent Excel, and examined the information within the framework of the Good Faith Efforts standards as codified and established by the Ordinance of City of Kansas City, Missouri and the TIF Commission Affirmative Action Policy.
As noted, the Subcommittee held several meetings to review and deliberate on this matter. The Subcommittee reviewed the data submitted by HRD and the Developer in depth and at great length. The Subcommittee reviewed in length each of the applicable standards. Moreover, the Subcommittee formulated and submitted questions to HRD and the Developer to clarify information which had been submitted by the parties. The AACC Subcommittee reviewed each of the criteria which collectively constitute the Good Faith Efforts’ Standard. The responses and information provided to the Subcommittee assisted in its review and determination of whether the Developer achieved Good Faith Efforts. After careful review of the information presented by both HRD and the Developer, the Subcommittee determined the Developer had met Good Faith Efforts with respect to the scopes of work awarded to date. The Subcommittee’s recommends that the TIF Commission consider accepting the Subcommittee’s findings and determination that the Developer Briarcliff achieved Good Faith Efforts with respect to the scopes awarded to date. The Subcommittee further recommends
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 14 that the Developer be required to assert Good Faith Efforts to achieve the goals as assigned to the project by HRD with respect to the remaining scopes, and that it submit a monthly report to Sandra Rayford, the Contract Compliance Manager for the Commission.
Discussion ensued.
Mr. Hardwick stated that market capacity was an underlying component which needed to be examined on a global basis with respect to other agencies and the City.
Commissioner Nolte commended the Commission for seeking a direction to improve the marketplace.
Commissioner Parson stated disappointment in signing off on failure to meet goals particularly considering the large projects coming forward. All resources and efforts must be exhausted to find companies and position them for work.
Mr. Hardwick clarified that the Subcommittee had been diligent in their analysis and unanimously agreed that the developer had met that effort.
Wesley Fields outlined the HRD and Affirmative Action process noting that it required more interaction and follow up which currently was not available at the initial HRD assessment.
Commissioner Williams emphasized the quickly impending shortage of skilled labor across the nation and recommended apprenticeship programs to further build capacity and eligibility for broader scopes across larger projects.
Action taken: ACCEPT THE SUBCOMMITTEE’S FINDINGS AND DETERMINATION THAT THE DEVELOPER ACHIEVED GOOD FAITH EFFORTS WITH RESPECT TO THE SCOPES AWARDED TO DATE FOR PROJECT 24 OF THE BRIARCLIFF WEST TIF PLAN AND FURTHER RECOMMENDS THAT THE DEVELOPER BE REQUIRED TO ASSERT GOOD FAITH EFFORTS TO ACHIEVE THE GOALS AS ASSIGNED TO THE PROJECT BY THE HUMAN RELATIONS DEPARTMENT OF KANSAS CITY, MISSOURI WITH RESPECT TO THE REMAINING SCOPES, AND THAT THEY SUBMIT A MONTHLY REPORT TO THE TIF COMMISSION CONTRACT COMPLIANCE MANAGER. MOTION MADE BY MR. LANDES, SECONDED BY MR. NOLTE AND CARRIED 10-1 BY THE FOLLOWING ROLL CALL VOTE (RES 6-7-17):
CINDY CIRCO AYE ESTELLA MORALES AYE TROY NASH AYE JASON PARSON NAY JEFFREY WILLIAMS AYE RANDY LANDES AYE JERRY NOLTE AYE TED GRAVES AYE FREDDIE NICHOLS AYE PAUL HARRELL AYE MATT FRITZ AYE
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17. North Oak TIF Plan: Consideration of approval of an Amendment to the Housing Program Delivery Services Contract between the TIF Commission and Northland Neighborhoods, Inc. in connection with the North Oak TIF Plan, and other matters related thereto.
Herb Hardwick stated that on February 24, 2005, the City Council passed Committee Substitute for Ordinance No. 050104, approving North Oak Tax Increment Financing Plan (the “Redevelopment Plan”) and designated the Redevelopment Area described therein that is generally bounded by I-29 on the North, city limits of Kansas City, Missouri on the South, I- 35 on the East and North Main Street on the West (the “Redevelopment Area”). The City subsequently amended the North Oak Tax Increment Financing Plan by Committee Substitute for Ordinance No. 060534, by Committee Substitute for Ordinance No. 070996, by Committee Substitute for Ordinance No. 090832, by Ordinance No. 10083, by Ordinance No. 100705 and by Ordinance No. 120712 (collectively, the “Plan”).
The Enhancing Neighborhoods by Concentrating Organization, Resources and Energy (E.N.C.O.R.E.) (the “North Oak Housing Program”) as set forth in the Fourth Amendment to the Plan (approved pursuant to Ordinance No. 090832), was a program which envisions that in order to address the blighted conditions within the Redevelopment Area, it was necessary to preserve, rehabilitate and construct safe residential structures and complete necessary utility and street improvements within the Redevelopment Area. A portion of the payments in lieu of taxes (“PILOTS”) and economic activity taxes (“EATS”) as defined in the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 through 99.865, as amended (the “TIF Act”) generated and collected within the Redevelopment Area will be used to support the North Oak Housing Program in an amount not to exceed $100,000 annually for three years beginning October 15, 2012 and ending October 15, 2015. Pursuant to Ordinance No. 090832, the Plan provides that the Commission will administer the North Oak Housing Program, which includes administration through one or more “Program Delivery Contractors” with established ties to the City of Kansas City, Missouri (the “City”) and Commission and which are familiar with housing programs within the City.
The Commission entered into an original Agreement with Northland Neighborhoods, Inc. on April 14, 2010 which has been amended from time to time. The Commission approved and entered into a Fourth Amendment on January 1, 2017 which extended the contract through December 31, 2017. The Northland Advisory Committee requested a modification to the Fourth Amendment in that it was requesting the Contract be extended for a period beginning January 1, 2017 and continuing through December 31, 2018.
Staff to the Commission recommends that the Commission modify the Fourth Amendment to the Agreement with Northland Neighborhoods, Inc., which shall provide that Northland Neighborhoods, Inc. shall develop, distribute and process loan/grant applications; develop applicate approval procedures; establish and implement rehabilitation, construction contractor qualification criteria; pre-approve loan applications and eligibility criteria within the North Oak Housing Program facilitate the loan closing, including document preparation and recording; and perform rehabilitation and construction inspection activities (collectively, the “Program Delivery Services”).
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 16 Attached to the Commission Board Packet was a modification of the Agreement between the TIF Commission and Northland Neighborhoods, Inc. to provide certain Program Delivery Services in connection with the North Oak Housing Program. The terms of the Agreement reflect a modification of term to extend from January 1, 2017 through December 31, 2018. The Commission shall pay Northland Neighborhoods, Inc. a performance based fee of fifteen percent (15%) of each loan/grant extended in connection with the North Oak Housing Program in accordance with the grant schedule guidelines for single family homes described by the Agreement.
Legal Counsel prepared the agreement and staff recommended approval.
Action taken: APPROVE THE MODIFICATION TO THE FOURTH AMENDMENT TO THE NORTH OAK HOUSING PROGRAM DELIVERY SERVICES AGREEMENT BETWEEN THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI AND NORTHLAND NEIGHBORHOODS, INC., SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. LANDES, SECONDED BY MR. HARRELL AND CARRIED UNANIMOUSLY (RES 6-8-17).
JACKSON COUNTY/HICKMAN MILLS AGENDA ITEMS
Responding to the roll call for the Jackson County/Hickman Mills TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, Jim Malle (Jackson County), and Jim Staley (other). Absent were: Darren Hennen, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Dennis Carpenter (Hickman Mills School District), and Darrell Curls (Hickman Mills School District).
18. Consideration of acceptance of the Jackson County/Hickman Mills TIFC Minutes, and other matters related thereto.
Minutes of the May 10, 2017 Jackson County/Hickman Mills meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 JACKSON COUNTY/HICKMAN MILLS MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
19. Consent Agenda: Consideration of the Consent Agenda for Jackson County/Hickman Mills, and other matters related thereto.
The Consent Agenda items for June 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following item was included:
• Cost Certifications
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 17 87th & Hillcrest TIF Plan: Consideration of certification of costs totaling $250,631.00, and other matters related thereto.
Request from: Foley Industries Inc. Total amount requested: $250,631.00 Use of funds: TIF Commission Expenses and Finance Charges Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant, last reporting cycle 100% (1st half 16).
Notes: Draw 14 – Reimbursement of cost for the period 12/2/15 through 5/15/17.
Recommendation: Approve certification of costs totaling $250,631.00
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/HICKMAN MILLS, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 6-9-17).
20. Bannister & I-435 TIF Plan: Consideration of approval of an Acquisition and Transfer Agreement among City of Kansas City, Missouri, the TIF Commission and Cerner Property Development, Inc. in connection with the Bannister & I-435 TIF Plan, and other matters related thereto.
Wesley Fields stated that on September 11, 2013, the Commission, by Resolution No. 9-12- 13, recommended to the City Council of Kansas City, Missouri (the “City Council”) that it approve the Bannister & I-435 Tax Increment Financing Plan (the “TIF Plan”) and the City Council did so on October 10, 2013, by Committee Substitute for Ordinance Number 130737, and did also designate the area described by the TIF Plan as a redevelopment area (the “Redevelopment Area”). On August 14, 2014, the City Council, by its passage of Ordinance No. 140594, approved the First Amendment the TIF Plan (the “First Amendment,” and together with the TIF Plan, the “Amended Plan”).
On May 28, 2015, the City, by Ordinance No. 150391, reaffirmed its findings that the Redevelopment Area described by the Amended Plan is (a) blighted, due to age, conditions conducive to obsolescence, inadequate or outmoded design, physical deterioration, crime and ill health, its status as an economic and social liability, and its and the surrounding area’s inability to pay reasonable taxes, (b) substandard, due to obsolescence, inadequate or outmoded design, physical deterioration, its status as an economic and social liability, and its and the surrounding area’s inability to pay reasonable taxes, and (c) insanitary, due to crime and conditions conducive to ill health, and authorized condemnation of certain property located at 6101 E 87th Street, Kansas City.
The City initiated condemnation proceedings for the Property in fee simple for public use for reclamation of blighted, substandard or insanitary property within the Redevelopment Area in the Circuit Court of Jackson County, Missouri. On July 1, 2016, the Circuit Court of Jackson County, Missouri entered an order of condemnation for the Property and the City currently holds title to the Property. The consideration directed by the Court to be paid to the owners of the property subject to said condemnation was paid by the City.
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Cerner Property Development, Inc. the designated developer of the Amended Plan, desired to acquire the Property to facilitate the implementation of the Amended Plan, which shall include the construction of approximately 3,674,000 square feet of office space, approximately 75,000 square foot day care facility, approximately 249,000 square feet of retail, approximately 121,000 square feet of space for a 170 room hotel, approximately 240,000 square feet of data center space, approximately 59,000 square feet of medical clinic space, approximately 300,000 square feet of conference room/training space, approximately 15,701 parking spaces and necessary infrastructure and appurtenances (the “Amended Plan Improvements”).
Attached to the Board Packet was an Acquisition and Transfer Agreement, which provided that (1) the City shall convey fee title to the Property to the Commission and the Commission would accept title to the Property for the purpose of implementing the Amended Plan, as amended from time to time and (2) the Commission, subject to the satisfaction of certain conditions outlined in the Acquisition and Transfer Agreement, including receipt of evidence that Cerner Property Development has paid all amounts due and owing under the Funding Agreement, dated August 26, 2013 and the Redevelopment Agreement, dated March 31, 2016, each by and between the Cerner Property Development and the Commission, and there shall not exist any material default under the Funding Agreement or Redevelopment Agreement.
Staff and legal counsel have reviewed and participated in preparing Acquisition and Transfer Agreement, and the terms described within this Agenda item were contained within the Acquisition and Transfer Agreement. Staff and legal counsel recommended that the Commission approve the Acquisition and Transfer Agreement, subject to modifications accepted by the Chair, the Executive Director and legal counsel.
Action taken: APPROVE THE ACQUISITION AND TRANSFER AGREEMENT BETWEEN CERNER PROPERTY DEVELOPMENT, INC. AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE BANNISTER AND I-435 TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. LANDES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 6-10-17).
JACKSON COUNTY/KCMO AGENDA ITEMS
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the 1200 Main/South Loop TIF public meeting, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (teleconference), Jason Parson, Jeffrey Williams, Randy Landes, Jim Malle (Jackson County), Bruce Eddy (other), and Kevin Masters (Kansas City School District). Absent were: Darren Hennen, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Debbie Siragusa (other), and Shannon Jaax (Kansas City School District).
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 19 21. 1200 Main/South Loop TIF Plan - Ninth Amendment: Consideration of approval of the Ninth Amendment of the 1200 Main/South Loop TIF Plan, and other matters related thereto.
Heather Brown stated that the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri (A) approval of the Ninth Amendment of the 1200 Main/South Loop Tax Increment Financing Plan (the “South Loop TIF Plan” or the “Plan”). The Ninth Amendment provides for (i) the modification to the Redevelopment Schedule for the implementation of Redevelopment Project 12, (ii) the removal of certain Redevelopment Project Areas and the estimated Redevelopment Project Costs related thereto and (iii) modifications to the Exhibits that are in furtherance of the above modification.
The Redevelopment Area described by the South Loop TIF Plan is generally bounded by 12th Street on the north, Oak Street on the east, I-670 on the south, and Wyandotte Street on the west in Kansas City, Jackson County, Missouri.
Notices: In accordance with the Sections 99.825 and 99.830 of the Revised Statues of Missouri, Staff prepared and delivered all required notices of the public hearing scheduled for June 11, 2014 at 10:00 AM.
Notice was sent to all affected taxing jurisdictions by certified mail on April 28, 2017. Notices were published in the Kansas City Star on May 15, 2017 and June 5, 2017.
Notices were delivered by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the Redevelopment Area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
Description of Proposed 9th Amendment:
The proposed 9th Amendment of the South Loop TIF Plan provides for the modification of the Redevelopment Schedule for the implementation of Redevelopment Project 12 by adding a completion date of October 2026.
Project 12 was approved by the City Council by Ordinance No. 051528 on April 21, 2016. The Commission approved an amended and restated redevelopment agreement for implementation of Project 12 with 112 Redevelopers, LLC by Resolution No. 10-12-16, which provided for the completion of the project by October 2026.
The Ninth Amendment also removes Projects 1B, 1E, 1F, 1G, 8, 9, 10 and 11, which had not been implemented. In addition to the change in the Redevelopment Schedule, changes to the Specific Objectives of the Redevelopment Plan, the Budget of Redevelopment Project Costs, Estimated Annual Increase in Assessed Value and Resulting Payments in Lieu of Taxes and Projected Economic Activity Taxes, legal descriptions of the redevelopment area and remaining projects, and Site Plans were made to delete references to the removed projects.
The Ninth Amendment does not affect the statutory findings previously made by the Commission and the Council.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 20 Recommendation: The proposed Ninth Amendment of the 1200 Main/South Loop TIF Plan sets forth a general description of the program to be undertaken to accomplish its objectives, including the estimated redevelopment project costs, the anticipated sources of funds to pay the costs, evidence of the commitments to finance the project costs, the anticipated type and term of the sources of funds to pay costs, the anticipated type and terms of the obligations to be issued, the most recent equalized assessed valuation of the property within the Redevelopment Area which is to be subjected to payments in lieu of taxes and economic activity taxes pursuant to Section 99.845 of the Revised Statutes of Missouri, an estimate as to the equalized assessed valuation after redevelopment, and the general land uses to apply in the Redevelopment Area, all as required by the TIF Statute.
Staff believed the Ninth Amendment, as presented, supported a conclusion by the Commission that all of the statutory requirements to approve the proposed Ninth Amendment of the 1200 Main/South Loop TIF Plan had been met.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 6-11-17).
CONCLUDE THAT ALL STATUTORY FINDINGS REQUIRED BY THE TIF STATUTE TO APPROVE NINTH AMENDMENT TO THE 1200 MAIN/SOUTH LOOP TIF PLAN HAVE BEEN MET; AND FORWARDING A RECOMMENDATION OF APPROVAL OF THE NINTH AMENDMENT OF THE 1200 MAIN/SOUTH LOOP TAX INCREMENT FINANCING PLAN TO CITY COUNCIL. MOTION MADE BY MR. LANDES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 6-12-17).
22. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the May 10, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 10, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
23. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for June 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 21 Pershing Road TIF Plan: Consideration of certification of costs totaling $7,024,663.42, and other matters related thereto.
Request from: Pershing Road Development Company Total amount requested: $7,024,663.42 Use of funds: Cost of Carry Interest on Construction Cost Cost certifier: Ralph C. Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant, last reporting cycle 100% (1st half 16).
Notes: Cost of Carry Interest on Construction Cost within the Plan, per the 5th Amendment to the Plan.
Recommendation: Approve certification of costs totaling $7,024,663.42
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 6-13-17).
24. Pershing Road Redevelopment TIF Plan: Consideration of approval of the Certificate of Completion and Compliance in connection with the Pershing Road TIF Plan, and other matters related thereto.
Sandra Rayford stated that on March 6, 2003, the TIF Commission, by Resolution No. 3-06- 03, recommended to the City Council (the “Council”) that it approve the Pershing Road Redevelopment Tax Increment Financing Plan (the “Original Plan”) for an area that is generally bound by Grand, Main, Kessler and Center on the east 26th Street on the south, West Pennway on the west, and the railroad tracks located north of Pershing Road on the north in Kansas City, Jackson County, Missouri.
On April 3, 2003, the City Council passed Ordinance No. 030401, which approved the Original Plan. The Plan was subsequently amended five times starting with the First Amendment which provided for a revision of the Estimated Redevelopment Costs and the inclusion of the “But For” and related financial analysis; the Second Amendment provided for the revision of the construction timing for Projects 6 – 8, revision of the amount and type of fees that the Commission would receive as a part of the Plan, to provide a line item for reimbursable financing interest, clarification of how the Base Year was established for Projects 1 and 3, and revision to the Developer’s responsibility to relocate utility lines as a and revision to the Developer’s responsibility to relocate utility lines as a part of Projects 1 – 5; The Third Amendment to the Plan excluded certain land from the Redevelopment Area and added a small parcel of land to the Redevelopment; the Fourth Amendment amended both the Total Costs and Reimbursable Costs by adding one new line item entitled “Pedestrian Bridge Maintenance and Modification” in the amount of $650,000. The “Freight District Infrastructure” line item was reduced by a like amount from $1,286,632 to $636,632. The Amendments did not increase the total amount of the Total Costs and did not increase the total amount of the Reimbursable Costs nor did they alter the original intent of the Pershing Road Redevelopment Plan.
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 22 The original Plan provided for the redevelopment of the Post Office, construction of office space, the construction of a parking garage for public use adjacent to the Union Station, the construction of a pedestrian bridge between Union Station and the Freighthouse district, site improvements, streetscape, park development, retail development as well as all necessary appurtenance and utilities.
On July 9, 2003 the Tax Increment Financing Commission of Kansas City, Missouri entered into a Redevelopment Agreement for all such requirements and obligations in connection with the completion of Redevelopment Projects 1 – 8 of the Pershing Road Redevelopment TIF Plan. Projects 6, 7, & 8 were released by the City Council on January 2, 2014 under Ordinance Nos. 030407, 030408, & 030409.
Section 11 of the Redevelopment Agreement provided that upon completion of the Redevelopment Project(s), the Redeveloper shall submit a report certifying that the Project Improvements have been completed in accordance with the Plan and that it in compliance with the provisions of the Redevelopment Agreement. Such report shall include the total costs of completing the Project Improvements, the Redevelopment Projects Costs incurred which are eligible for reimbursement and the actual private equity and debt used to complete the Project Improvements. The Commission, upon receipt of such report, may conduct an investigation and, the Commission determines that Redevelopment Project has been completed in accordance with the provisions of the Plan and Redevelopment Agreement, then a conclusive determination of the satisfaction and termination of the covenants in the Redevelopment Agreement with respect to the obligations of the Redeveloper to complete the Project Improvements for such Redevelopment Agreement.
Pershing Road Development Company, LLC submitted a report pursuant to Section 11 of the Redevelopment Agreement and requested that the TIF Commission issue a Certificate of Completion and Compliance with respect to Redevelopment Projects 1 – 5. Staff upon receipt of such report and request, investigated whether Pershing Road Development Company, LLC had completed the improvements referenced in the report for Redevelopment Projects 1 – 5 and in accordance with the Plan and Redevelopment Agreement, including reviewing Certificates of Occupancy, confirming improvements were completed in compliance with the Redevelopment Schedule, confirming compliance with the Affirmative Action Policy, and reviewing all and review of the same by TIF Legal counsel, staff concluded that the Project Improvements contemplated by the TIF Plan were completed in accordance with the Plan and Redevelopment Agreement and recommended that the Commission issue to Pershing Road Development Company, LLC a Certificate of Completion and Compliance for the Redevelopment Projects 1 – 5.
Action taken: APPROVE THE CERTIFICATE OF COMPLETION AND COMPLIANCE FOR ISSUANCE TO PERSHING ROAD FOR THE COMPLETION OF PROJECTS 1 – 5 OF THE PERSHING ROAD REDEVELOPMENT TAX INCREMENT FINANCING PLAN. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 6- 14-17).
{File: EDCKC/60/ADM/ADMST/99/00195643.DOC /} 23
Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: July 12, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Estella Morales Troy Nash (via teleconference) Jason Parson Jeffrey Williams Kerrie Tyndall
TAXING DIST: Jim Malle, Jackson County Johnny Sweeney, Jackson County Debbie Siragusa, Jackson County, other (via teleconference) Bruce Eddy, Jackson County other Shannon Jaax, Kansas City School District (via teleconference) Kevin Masters, Kansas City School District Tim Gallagher, North Kansas City School District Terry Ward, North Kansas City School District Jerry Nolte, Clay County Ted Graves, Clay County Jim Staley, Mid Continent Library, other
ABSENT: Calvin Williford, Jackson County Scott Jacoby, Jackson County Freddie Nichols, Clay County, other Frank Offutt, Platte County Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District John Elliott, Platte County William Brown, Platte County other Steve Anderson, Liberty School District Angie Reed, Liberty School District
STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} Greg Flisram, EDC Cathleen Flournoy, EDC Bob Long, EDC Morgan Franklin, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Rick Desimone, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Steve Sparks, Bryan Cave Herb Hardwick, Hardwick Law Dan Bagunu, KCMO Jim Noland, Stern Brothers DeAnn Totta, Maxus Properties Jan Parks, CKCEDR Jim Ketter, Miller Haviland Ketter Elizabeth Burt, Miller Haviland Ketter Teresa McDaniels, 4th & Locust, LLC Rob Roberts, Business Journal Matt Webster Robin Martinez Richie Benninghaven, Briarcliff
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Jeffrey Williams, Jim Malle (Jackson County), Jerry Nolte (Clay County), Tim Gallagher (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County), Scott Jacoby (Jackson County) and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the June 14, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 2 • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, June 26, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Bruce Eddy, and Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, and legal counsels to TIF, Wesley Fields and Herbert Hardwick.
The Subcommittee reviewed the April 2017 Human Relations Report Narrative and the April 2017 MBE/WBE Executive Summary report of MBE/WBE utilization on active TIF Projects. A copy of the report was included in the board packet for review.
Other items discussed during the Affirmative Action Subcommittee are included as separate agenda items in the board packet.
The next Subcommittee meeting was scheduled at 3:30 p.m. on Monday, July 24, 2017.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on July 7, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY.
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Heather Brown stated that, subsequent to the transfer of the TIF Housing Coordinator to the City, she would be meeting with the Subcommittee Chair to confirm that the new forthcoming housing programs maintained consistency with the Commission’s programs.
Action taken: NONE; INFORMATION ONLY.
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Chair Circo noted receipt of a request for a conflict of interest waiver from Hardwick Law Firm which included a critical response timeline. She asked whether the Commission was
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 3 comfortable with the Governance, Finance & Audit Subcommittee’s conducting the evaluation and making the final decision at their July 28th meeting or would they prefer to convene a special meeting.
Discussion ensued.
Commissioner Siragusa joined via teleconference at this time.
All taxing jurisdictions would be notified of the meeting to allow participation.
Action taken: ASSIGN THE PETITION REGARDING HARDWICK LAW FIRM CONFLICT OF INTEREST WAIVER TO THE GOVERNANCE, FINANCE & AUDIT SUBCOMMITTEE FOR ACTION. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY. 7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Action recommended: NONE
Commissioner Hennen departed at this time.
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Kerrie Tyndall, Estella Morales, Troy Nash (via teleconference), Jason Parson, and Jeffrey Williams. Absent were: Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
8. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the June 14, 2017meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 PLATTE COUNTY/PLATTE RIII-PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
9. Consent Agenda: Consideration of rescinding Resolution 6-1-17 and approval of the revised June 2017 Consent Agenda for Platte County/Platte RIII-Park Hill, and other matters related thereto.
The Commission approved the consent agenda for Platte County/Platte RIII-Park Hill, Missouri on June 14, 2017 by Resolution No. 6-1-17, however, it is necessary to reclassify some of the costs certified therein. Total costs remain unchanged.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 4
TIF Plan Developer Costs Questioned Costs Notes Requested Costs Certified KCI Corridor MD Management, $208,799.83 None $208,799.83 Bond Draw Inc. KCI Corridor MD Management, $195,527.94 None $195,527.94 Bond Draw Inc. KCI Corridor MD Management, $26,509.39 None $26,509.39 Inc. KCI Corridor MD Management, $26,509.39 None $16,779.73 Bond Draw Inc. $26,509.39 portion $17,985.04 KCI Corridor Hunt Midwest $4,204.77 None $4,204.77
Michael Keenen clarified the action was reclassifying amounts related to available funds from bond draw versus SAF.
Action taken: APPROVE RESCINDING RESOLUTION 6-1-17 AND APPROVING THE REVISED JUNE 2017 CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 7-1-17).
10. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for March 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
KCI TIF Plan: Consideration of certification of costs and related bond draw totaling $20,854.26, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $20,854.26 Use of funds: Street Improvements Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 97% Compliant
Notes: Commission Expenses, Engineering Cost Project 4B, 5B & 7B and related Legal Fees and Construction Interest. A portion of the request would be paid from a bond draw—see schedule below.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 5 Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 20,854.26 -$ $ 20,854.26
Recommendation: Approve certification of costs totaling $20,854.26 and related bond draw of $20,854.26.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 7-2-17).
11. KCI Corridor TIF Plan: Consideration of approval of the recommendations as presented by the KCI Corridor TIF Plan Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the KCI Corridor TIF Advisory Committee met on June 21, 2017 to discuss the status of project funding related to the KCI Corridor 2014 bond issuance. The Advisory Committee requested the TIF Commission to direct TIF accounting and development staff to reconcile dollars spent and reimbursed to date from the 2014 bond issuance vs. encumbered project funds awaiting certification. Additionally, staff was asked to work with City staff to verify project construction costs related to Project 4 B – Old Tiffany Springs Road over I-29 and Project 5B – Skyview, remain accurate estimations.
TIF accounting and development staff had preliminary meetings with City staff to begin the reconciliation process. Staff would present the reconciliation to the Advisory Committee during the August 23rd, 2017 meeting.
Staff recommended acceptance of the request by the KCI Corridor TIF Advisory Committee requesting the TIF Commission direct TIF Accounting and Development staff to reconcile dollars spent from the 2014 bond issuance versus encumbered project funds awaiting certification.
Commissioner Morales requested the Commission be provided a copy of the completed report.
Action taken: ACCEPT THE KCI CORRIDOR TIF ADVISORY COMMITTEE’S REQUEST TO DIRECT TIF ACCOUNTING AND EDC DEVELOPMENT STAFF TO RECONCILE DOLLARS SPENT FROM THE 2014 BOND ISSUANCE VERSUS ENCUMBERED PROJECT FUNDS AWAITING CERTIFICATION. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 7-16-17).
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 6 CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash (via teleconference), Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), Tim Gallagher (North Kansas City School District), and Terry Ward (North Kansas City School District). Absent were: Freddie Nichols (Clay County other), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
Discussion ensued regarding multiple school district representation. Legal counsel determined an inter-district reciprocal representation agreement should be provided to the Commission. Commissioner Ward was granted voting privileges for the current session.
12. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the May 17, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE MAY 17, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
13. Shoal Creek Parkway TIF Plan: Consideration of approval of a Redevelopment Agreement between the TIF Commission and the City of Kansas City, Missouri for the design of a trail segment along Shoal Creek Parkway, in connection with and furtherance of the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein as a redevelopment area (the “Redevelopment Area”). The Shoal Creek TIF Plan was subsequently amended, pursuant to a series of ordinances passed by the City Council.
On April 12, 2017, the Commission, by Resolution No.4-6-17, recommended that the City Council approve the 13th Amendment to the Shoal Creek TIF Plan, which provided, in part, for the design and construction of a trail segment along Shoal Creek Parkway, between North Brighton Avenue and Pleasant Valley Road (the “Trail Segment”). The 13th Amendment was approved by the City Council by its passage of Committee Substitute for Ordinance No. 170327
The City desired to enter into a Redevelopment Agreement with the Commission, in a form substantially similar to Exhibit 13, attached to the Commission Board Packet, which provided, in part, for the City to undertake the design of the Trail Segment and for the Commission to reimburse costs incurred by the City that relate to the design of the Trail Segment in an amount not to exceed $100,000.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 7 To the extent the Commission found the terms acceptable of the Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT WITH CITY OF KANSAS CITY, MISSOURI FOR THE DESIGN OF A TRAIL SEGMENT ALONG SHOAL CREEK PARKWAY, BETWEEN NORTH BRIGHTON AVENUE AND PLEASANT VALLEY ROAD, AS CONTEMPLATED BY THE SHOAL CREEK PARKWAY TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY (RES 7-3-17).
Commissioner Morales questioned the scope of services’ omission of the new mandated City regulation for security purposes.
Mr. Fields would research.
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Jeffrey Williams, Jerry Nolte (Clay County), Ted Graves (Clay County), and Tim Gallagher (North Kansas City School District), and Terry Ward (North Kansas City School District). Absent was: Freddie Nichols (Clay County other).
14. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the June 14, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WARD, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY.
15. Briarcliff West TIF Plan: Consideration of approval of a Certificate of Completion and Compliance for Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto.
Sandra Rayford stated that on April 11, 1990 the Tax Increment Financing Commission, by Resolution No. 90-09, recommended to the City Council (the “Council”) that it approve the Briarcliff West Tax Increment Financing Plan (the “Original Plan”). The redevelopment area is generally located between the south side of I-29, and the north side of the Missouri River from the Clay-Platte County Line on the west to and including land on the east side of U.S. Highway169 in Kansas City, Clay County, Missouri.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 8 On May 3, 1990, the City Council passed Ordinance No. 65497, which approved the Original Plan. The Plan was subsequently amended eleven times with the most recent amendment on December 15, 2016.
The Briarcliff West TIF Plan calls for the development of the 38 Redevelopment Project Areas by the construction of approximately 700,000 sq. ft. of office space; 90,000 sq. ft. of retail space; 151 single family dwellings; 84 villas; 56 condominiums; 723 multi-family units; 217 hotel rooms and a structured parking garage, together with all necessary utilities, street improvements, and appurtenances (the “Project and Public Improvements”). Projects 32 and 37 involved the construction of 3 story apartment buildings with 120 units which were developed by Briarcliff Development Company.
On July 10, 2013, Briarcliff Development Company, Briarcliff Apartment Homes, LLC, and the TIF Commission entered into a Partial Assignment & Assumption Agreement which provided inter alia, for Briarcliff Development Company’s assignment and Briarcliff Apartment Homes assumption of all of Briarcliff Development Company’s rights, duties, interests and obligations arising under that certain Fourth Amended and Restated Agreement, dated November 1, 2011, by and between the Commission and Briarcliff Development Company relating only to the implementation of Redevelopment Projects 32 and 37 of the Briarcliff West Tax Increment Financing Plan, as amended.
Section 19 of the Redevelopment Agreement provided that upon completion of the Redevelopment Project(s), the Redeveloper shall submit a report certifying that the Project Improvements had been completed in accordance with the Plan and that it was in compliance with the provisions of the Redevelopment Agreement. Such report would include the total costs of completing the Project Improvements, the Redevelopment Projects Costs incurred which were eligible for reimbursement and the actual private equity and debt used to complete the Project Improvements. The Commission, upon receipt of such report, may conduct an investigation and, the Commission determines that Redevelopment Project had been completed in accordance with the provisions of the Plan and Redevelopment Agreement, then a conclusive determination of the satisfaction and termination of the covenants in the Redevelopment Agreement with respect to the obligations of the Redeveloper to complete the Project Improvements for such Redevelopment Agreement.
Briarcliff Apartment Homes, LLC submitted a report pursuant to Section 19 of the Redevelopment Agreement and requested that the TIF Commission issue a Certificate of Completion and Compliance with respect to Redevelopment Projects 32 and 37. Staff upon receipt of such report and request, investigated whether Briarcliff Apartment Homes, LLC had complied with the terms and condition of the Redevelopment Agreements obligations in relation to Projects 32 and 37, including reviewing Certificates of Occupancy, confirming improvements were completed in compliance with the Redevelopment Schedule, confirming compliance with the Affirmative Action Policy, and reviewing all and review of the same by TIF Legal counsel, staff concluded that the Project Improvements contemplated by the TIF Plan were completed in accordance with the Plan and Redevelopment Agreement and recommended that the Commission issue Briarcliff Apartment Homes, LLC a Certificate of Completion and Compliance for the Redevelopment Projects 32 and 37.
Developer representatives were present to answer questions.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 9 Commission Ward questioned the project activation process and stated his disagreement with the intent.
Wesley Fields reviewed the statutory process and time frames.
Discussion ensued.
Action taken: APPROVE THE CERTIFICATE OF COMPLETION AND COMPLIANCE TO BRIARCLIFF APARTMENT HOMES, LLC FOR THE COMPLETION OF PROJECTS 32 AND 37 OF THE BRIARCLIFF WEST TIF PLAN. MOTION MADE BY MS. MORALES, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY (RES 7-4-17)
16. Briarcliff West TIF Plan: Consideration of the approval of a Funding Agreement between the TIF Commission and Forum Re Acquisitions, LLC, in connection with Redevelopment Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto.
Wesley Fields stated that Forum Re Acquisitions, LLC (“Forum”), in connection with its acquisition of certain property located within Redevelopment Project Areas 32 and 37 (the “Redevelopment Projects”) described by the Briarcliff West Tax Increment Financing Plan, as amended, (the “TIF Plan”), requested that the TIF Commission consider consenting to Briarcliff Apartment Homes, LLC’s (“Briarcliff Apartment Homes”) assignment of its rights, duties, interests and obligations under that certain Fourth Amended and Restated Redevelopment Agreement (the “Redevelopment Agreement”), dated November 1, 2011, by and between the TIF Commission and Briarcliff Development Company (the “Briarcliff Development”) and that certain Partial Assignment and Assumption Agreement (the “2013 Assignment”), dated July 6, 2013, by and among the Briarcliff Development, Briarcliff Apartment Homes and Maxus Operating Limited Partnership, the sole member of Briarcliff Apartment Homes (“Equity Holder”), which provides, in part, for (i) Briarcliff Development’s assignment and Briarcliff Apartment Homes’ assumption of Briarcliff Development’s rights, interests, duties and obligations arising under the Redevelopment Agreement and (ii) Briarcliff Development’s assignment to Equity Holder, upon the Change of Control (as defined in the 2013 Assignment Agreement) of Briarcliff Development’s right under the Redevelopment Agreement to receive payments in lieu of taxes and economic activity taxes generated within the areas described by the Redevelopment Projects (the “Redevelopment Project Areas”) in an amount equal to $1,180,000 (the “TIF Revenue Stream”). Specifically, Forum had requested that the TIF Commission (1) prepare all necessary documents, provide all statutory public notices and participate in public meetings to consider an Assignment and Assumption Agreement and a new Redevelopment Agreement with Forum in connection with the Redevelopment Projects and (2) prepare, negotiate and present the Assignment and Assumption Agreement and a new Redevelopment Agreement to the Commission for its consideration and any and all agreements, instruments and certificates in connection with the Redevelopment Projects (collectively, the “TIF Commission Services”). In order to do so, the TIF Commission must retain administrative and professional staff, outside counsel and consultants and incur expenses, but the TIF Commission was without a source of funds to pay such staff, counsel, consultants and expenses.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 10 Forum requested that the TIF Commission enter into a Funding Agreement, which described the manner in which costs associated with the TIF Commission’s Services shall be paid by Forum
Enclosed in the TIF Commission’s Packet, as Exhibit 18 was a Funding Agreement by and between the TIF Commission and Forum. The Funding Agreement contained the TIF Commission’s most recent policies and procedures and was reviewed and negotiated by staff and legal counsel who recommended its approval.
Action taken: APPROVE THE FUNDING AGREEMENT BETWEEN FORUM RE ACQUISITIONS, LLC AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE REDEVELOPMENT PROJECTS 32 AND 37 OF THE BRIARCLIFF WEST TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 7-6-17)
17. Briarcliff West TIF Plan: Consideration of approval of an Assignment and Assumption Agreement among the TIF Commission, Forum Re Acquisitions, LLC, Maxus Operating Limited Partnership and Briarcliff Apartment Homes, LLC in connection with Redevelopment Projects 32 and 37 the Briarcliff West TIF Plan, and other matters related thereto.
Action taken: TABLED
18. Briarcliff West TIF Plan: Consideration of approval of Redevelopment Agreement between the TIF Commission and Forum Re Acquisitions, LLC. in connection with Redevelopment Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto. (Wesley Fields) Exhibit 20
Action taken: TABLED
19. Briarcliff West TIF Plan: Consideration of approval of a Settlement Agreement in connection with the Briarcliff West TIF Plan, and other matters related thereto.
EXECUTIVE SESSION
20. Consideration of legal matters pursuant to Section 610.021(1) RSMo.
Motion to go into Executive Session pursuant to RSMo Section 610.021(1) to discuss legal matters related to the Briarcliff West TIF Plan was made by Ms. Tyndall, seconded by Ms. Morales and carried unanimously by roll call vote.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 11 RESUME BUSINESS SESSION
Action taken: APPROVE THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE WITH BRIARCLIFF DEVELOPMENT COMPANY AND THE TAX INCREMENT FINANCING COMMISSION FOR PROJECT 8 OF THE BRIARCLIFF WEST TIF PLAN. MOTION MADE BY MS. MORALES, SECONDED BY MR. WARD AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 7-5-17).
21. Vivion Point TIF Plan: Consideration of approval of an Amended and Restated Funding Agreement between the TIF Commission and Lockard Kansas City Holdings, LLC in connection with the Vivion Point TIF Plan, and other matters related thereto.
Wesley Fields stated that on April 18, 2017, the Commission, by Resolution No. 4-18-17, recommended to the City Council of the City of Kansas City, Missouri (the “Council”) that it approve the Vivion Point Tax Increment Financing Plan, along with certain modifications thereto, as set forth in Commission Resolution 4-18-17. On June 8, 2017, the Council adopted Committee Substitute for Ordinance No. 170386, which accepted, in part, the recommendation of the Commission, approved the Vivion Point Tax Increment Financing Plan (the “Vivion Point TIF Plan”) and designated the Redevelopment Area described by the Vivion Point TIF Plan, pursuant to the authority granted the Council by the Act.
Lockard IRES, LLC and the Commission entered into that certain funding agreement, dated December 14, 2016 (“Original Funding Agreement”), which contemplates that the Commission shall (1) prepare all necessary documents, provide all statutory public notices and participate in a public meeting to consider the Vivion Point TIF Plan and take all action the Commission deems necessary to administer and assist in implementing the Vivion Point TIF Plan, (2) prepare and negotiate a redevelopment agreement and any and all agreements, instruments and certificates that may be necessary to implement the Vivion Point TIF Plan and (3) reimburse the Redeveloper for all eligible certified redevelopment project costs incurred by the Redeveloper and identified by the Vivion Point TIF Plan (collectively, “Commission Services”) and the Redeveloper shall pay the Commission its fees, the time of its administrative and professional staff computed at an hourly rate, plus overhead, as the TIF Commission may from time to time deem appropriate, all reasonable charges for outside counsel and consultants and all other expenses incurred in providing the Commission Services described above and as set forth in the Original Funding Agreement.
Lockard Kansas City Holdings, LLC, as managing member of Lockard IRES LLC, desired to enter into a Redevelopment Agreement with the TIF Commission for the implementation of the Vivion Point TIF Plan, rather than Lockard IRES, LLC, and further desired to amend, restate and replace the Original Funding Agreement.
The Amended and Restated Funding Agreement attached to the Commission’s Board Packet as Exhibit 21, contained the terms and conditions substantially similar to the terms of the Original Funding Agreement, including a provision for the Commission to provide the Commission Services outlined above and for Lockard Kansas City Holdings, LLC to pay the Commission for its reasonable costs in undertaking those Commission Services.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 12 Staff and legal counsel participated in the preparation and negotiation of the Amended and Restated Funding Agreement and recommended its approval, subject to modifications accepted by the Chair, the Executive Director and legal counsel.
Action taken: APPROVE THE AMENDED AND RESTATED FUNDING AGREEMENT BETWEEN LOCKARD KANSAS CITY HOLDINGS, LLC, AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE VIVION POINT TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 7-7-17)
22. Vivion Point TIF Plan: Consideration of approval of a Redevelopment Agreement between the TIF Commission and Lockard Kansas City Holdings, LLC in connection with the Vivion Point TIF Plan, and other matters related thereto.
Wesley Fields stated that on April 18, 2017, the Commission, by Resolution No. 4-18-17, recommended to the City Council of the City of Kansas City, Missouri (the “Council”) that it approve the Vivion Point Tax Increment Financing Plan, along with certain modifications thereto, as set forth in Commission Resolution 4-18-17. On June 8, 2017, the Council adopted Committee Substitute for Ordinance No. 170386, which accepted, in part, the recommendation of the Commission, approved the Vivion Point Tax Increment Financing Plan (the “Vivion Point TIF Plan”) and designated the redevelopment area described by the Vivion Point TIF Plan, pursuant to the authority granted the Council by the Act.
The Vivion Point TIF Plan provided for the acquisition and renovation of a shopping center formerly anchored by a K-Mart store into a multi-tenant retail center. This would include the renovation of approximately 115,000 square feet, demolition of approximately 20,500 and construction of approximately 41,500 square feet of retail space (the “Project Improvements”) in an area comprising approximately 17.76 acres that is generally bounded by NE Vivion Road on the north, Chouteau Trafficway on the east, NE 50th Street on the south and NE Antioch Road on the west in Kansas City, Clay County, Missouri (the “Redevelopment Area”). The Project Improvements will support and enhance the existing 6,000 square feet of retail space within the Redevelopment Area. The Plan further provided for the construction of storm water improvements and such other public infrastructure improvements, which may consist of streetscape, signage, signaling, sidewalks and curbs and such other related pubic infrastructure improvements that support and enhance the Project Improvements. Construction of such improvements shall commence within 12 months from execution of a Redevelopment Agreement and be completed by 2027.
The total cost to implement the improvements contemplated by the Vivion Point TIF Plan was estimated to be $45,396,837. Lockard Kansas City Holdings, LLC, the proposed redeveloper of the Vivion Point TIF Plan (“Lockard””) and third parties will finance $21,976,911 through a combination of equity, third party funds and/or debt financing. The remaining $19,553,000 would be financed on a pay-as-you-go basis from tax increment financing revenues and $3,866,926 through pay-as-you-go Community Improvement District sales tax revenue.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 13 Lockard desired to enter into a Redevelopment Agreement with the Commission, which shall provide that Lockard shall implement the improvements described by the Vivion Point TIF Plan in accordance with the terms and conditions set forth in the Redevelopment Agreement, attached to the Board Packet as Exhibit 22, and the Commission, subject to the terms and conditions of the Redevelopment Agreement, shall reimburse Lockard from tax increment financing revenue on deposit in its Special Allocation Fund(s) in an amount not to exceed $19,553,000.
The Redevelopment Agreement between Lockard Kansas City Holdings, LLC and the Commission, attached as Exhibit 22, to the Commission Board Packet was prepared by legal counsel and reviewed by staff and contained the Commission’s most recent policies and procedures, together with community benefit provisions required by the City of Kansas City, Missouri.
Patricia Jensen, representing the developer, responded to inquiries regarding the CID which had not yet been formed.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT BETWEEN LOCKARD KANSAS CITY HOLDINGS, LLC, AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE VIVION POINT TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 7-8-17)
Commissioner Hennen returned at this time.
Commissioner Parson departed at this time.
JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Troy Nash (via teleconference), Jason Parson, Jeffrey Williams, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Debbie Siragusa (other) (via teleconference), Shannon Jaax (Kansas City School District) (via teleconference), and Kevin Masters (Kansas City School District). Absent were: Calvin Williford (Jackson County) and Scott Jacoby (Jackson County)
23. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the June 14, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. SWEENEY AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 14 24. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for July 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $5,500,000.00, and other matters related thereto.
Request from: Eleventh Street Corridor Development Corp. Total amount requested: $5,500,000.00 Use of funds: 10th & Wyandotte Garage Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant
Recommendation: Approve certification of costs totaling $5,500,000.00
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $85,006.00, and other matters related thereto.
Request from: 915 Broadway, LLC Total amount requested: $85,006.00 Use of funds: Facade and Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant
Notes: 911-915 Broadway, 22nd Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 22-16). Work performed South and West Renovations.
Recommendation: Approve certification of costs totaling $85,006.00
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $4,884.00, and other matters related thereto.
Request from: Walnut Creek Ranch Total amount requested: $4,884.00 Use of funds: Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant
Notes: 1032 Pennsylvania (Blossom House), 24th Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 24-6). Iron Fence Painting.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 15
Recommendation: Approve certification of costs totaling $4,884.00
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $14,185.40, and other matters related thereto.
Request from: JJM & Co. Total amount requested: $14,185.40 Use of funds: Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant
Notes: 1020 Central, 18th Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 18-3). Replace 125 feet of brick on courtyard and install limestone caps.
Recommendation: Approve certification of costs totaling $14,185.40
Country Club Plaza TIF Plan: Consideration of certification of costs totaling $135,584.76, and other matters related thereto.
Request from: Kirkwood Realty Company, LLC Total amount requested: $135,584.76 Use of funds: Construction Interest Cost certifier: Ralph C. Johnson & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: N/A
Notes: Cost of Carry Interest for the period March 2016 – April 2017
Recommendation: Approve certification of costs totaling $135,584.76
West 17th Street TIF Plan: Consideration of certification of costs totaling $1,358.13 and other matters related thereto.
Request from: Walnut Creek Ranch Total amount requested: $1,358.13 Use of funds: Commission Expenses Cost certifier: Ralph C. Johnson & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant
Recommendation: Approve certification of costs totaling $1,358.13
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 16 Southtown/31st & Baltimore TIF Plan: Consideration of certification of costs totaling $203,223.13, and other matters related thereto.
Request from: HCA Health Midwest Total amount requested: $203,223.13 Use of funds: Administrative and Developer Expenses Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 97% Compliant
Notes: Plan and Project Administrative and Developer/Consultant Expenses. Requested costs were incurred between September 2015 and March 2017.
Recommendation: Approve certification of costs totaling $203,223.13.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MS. MORALES, SECONDED BY MR. MALLE AND CARRIED UNANIMOUSLY (RES 7-10-17).
25. River Market TIF Plan/Project 16: Consideration of approval of the Certificate of Completion and Compliance in connection with the River Market TIF Plan/Project 16, and other matters related thereto.
Sandra Rayford stated that on November 10, 1999 the Tax Increment Financing Commission, by Resolution No. 11-01-99, recommended to the City Council (the “Council”) that it approve the River Market Tax Increment Financing Plan (the “Original Plan”) for a Redevelopment Area that included approximately 134 acres generally bound by the Missouri River on the north, the ASB Bridge. Project 16 was generally located at the intersection of vacated 4th Street and Locust Lane.ge on the east, I-70 on the south, and Broadway on the west within Kansas City, Jackson County, Missouri.
On December 16, 1999, the City Council passed Ordinance No. 991556, which approved the Original Plan. The Plan had been subsequently been amended nine times with the most recent amendment on October 13, 2011.
The original Redevelopment Plan originally contemplated that only public improvements would be reimbursed with TIF revenues generated by the capture of PILOTS subject to Chapter 353 tax abatement as the tax abatement expired. Since then, the Plan was amended to include Project 16/4th & Locust to facilitate the rehabilitation of a vacant warehouse to office with ground floor commercial space on the ground floor; the rehabilitation of 450 E. 4th Street from vacant warehouse to office space. Approximately 4,700 sq. ft. was to be occupied by Gragg Advertising; approximately 2,000 sq. ft. was to be occupied by Foss Seligson & Lafferty Architects and Planners and approximately 2,000 sq. ft. would be occupied by Cameron Jones, J.D. The remaining 5,000 sq. ft. would be available for lease. The whole interior of the building was to be demolished. The Redeveloper was to rehabilitate the building’s façade to provide for a new entry and will equip the interior of the building with an elevator. In addition, the Redeveloper will improve the existing parking next to the building, as well as the southern parking area, to include landscaped islands, lighting and sidewalks.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 17 On April 13, 2005 the Tax Increment Financing Commission of Kansas City, Missouri entered into a Redevelopment Agreement with 4th & Locust, LLC for all such requirements and obligations in connection with the completion of Redevelopment Project 16 of the River Market TIF Plan.
Section 11 of the Redevelopment Agreement provided that upon completion of the Redevelopment Project(s), the Redeveloper shall submit a report certifying that the Project Improvements had been completed in accordance with the Plan and that it in compliance with the provisions of the Redevelopment Agreement. Such report shall include the total costs of completing the Project Improvements, the Redevelopment Projects Costs incurred which were eligible for reimbursement and the actual private equity and debt used to complete the Project Improvements. The Commission, upon receipt of such report, may conduct an investigation and, the Commission determined that Redevelopment Project had been completed in accordance with the provisions of the Plan and Redevelopment Agreement, then a conclusive determination of the satisfaction and termination of the covenants in the Redevelopment Agreement with respect to the obligations of the Redeveloper to complete the Project Improvements for such Redevelopment Agreement.
The Developer, 4th & Locust, LLC has submitted a report pursuant to Section 11 of the Redevelopment Agreement and requested that the TIF Commission issue a Certificate of Completion and Compliance with respect to Redevelopment Project 16. Staff upon receipt of such report and request, had investigated whether 4th & Locust, LLC had completed the improvements referenced in the report for Redevelopment Projects 16 and in accordance with the Plan and Redevelopment Agreement, including reviewing Certificates of Occupancy, confirming improvements were completed in compliance with the Redevelopment Schedule, confirming compliance with the Affirmative Action Policy, and reviewing all and review of the same by TIF Legal counsel, staff concluded that the Project Improvements contemplated by the TIF Plan were completed in accordance with the Plan and Redevelopment Agreement and recommended that the Commission issue to 4th & Locust, LLC a Certificate of Completion and Compliance for the Redevelopment Project 16.
Action taken: APPROVE ISSUANCE OF THE CERTIFICATE OF COMPLETION AND TH COMPLIANCE TO 4 & LOCUST, LLC FOR THE COMPLETION OF PROJECT 16 OF THE RIVER MARKET TIF [JP1]PLAN. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. HENNEN AND CARRIED UNANIMOUSLY (RES 7-11-17).
26. River Market TIF Plan: Consideration of approval of a Funding Agreement between the TIF Commission and 450 X, LLC in connection with Redevelopment Project 16 of the River Market TIF Plan, and other matters related thereto.
Wesley Fields stated that 450 X, LLC (“450 X”), in connection with its acquisition of certain property located within the Redevelopment Project Area 16 described by the River Market Tax Increment Financing Plan, as amended, (the “River Market TIF Plan”), requested that the TIF Commission consider consenting to 4th & Locust, LLC’s assignment of its rights, duties, interests and obligations under that certain Redevelopment Agreement, dated April 13, 2005, by and between the TIF Commission and 4th & Locust, LLC. Specifically, 450 X requested that the TIF Commission (1) prepare all necessary documents, provide all statutory public notices and participate in public meetings to consider an Assignment and Assumption Agreement and a new or amended Redevelopment Agreement with 450 X in connection with
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 18 the Redevelopment Project 16 and (2) prepare, negotiate and present the Assignment and Assumption Agreement and a new or amended Redevelopment Agreement to the Commission for its consideration and any and all agreements, instruments and certificates in connection with Redevelopment Project 16 of the TIF Plan (collectively, the “TIF Commission Services”). In order to do so, the TIF Commission must retain administrative and professional staff, outside counsel and consultants and incur expenses, but the TIF Commission was without a source of funds to pay such staff, counsel, consultants and expenses.
450 X had requested that the TIF Commission enter into a Funding Agreement, which described the manner in which costs associated with the TIF Commission’s Services shall be paid by 450 X.
Enclosed in the TIF Commission’s Packet, as Exhibit 26 was a Funding Agreement by and between the TIF Commission and 450 X. The Funding Agreement contained the TIF Commission’s most recent policies and procedures and was reviewed and negotiated by staff and legal counsel who recommended its approval.
Action taken: APPROVE THE FUNDING AGREEMENT BETWEEN 450 X, AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE REDEVELOPMENT PROJECT 16 OF THE RIVER MARKET TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. SWEENEY, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 7-12-17).
27. River Market TIF Plan: Consideration of approval of an Assignment and Assumption Agreement among the Commission, 4th & Locust, LLC and 450 X, LLC. in connection with Redevelopment Project 16 of the River Market TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1999, the Commission, by Resolution No. 11-1- 99, approved the River Market Tax Increment Financing Plan (the “Plan”) and recommended the Plan to the City Council of Kansas City, Missouri (the “Council”). On December 16, 1999, the Council passed Ordinance No. 991556, approving the Plan. The Plan had been amended nine times by the Council’s passage of a series of ordinances.
Redevelopment Project 16 of the Plan (“Redevelopment Project 16”) provided for the renovation of a vacant warehouse building located at 450 E. 4th Street (17,800 square feet) into approximately 14,000 square feet of professional office space along with improvements to the parking facility next to the building, as well as the southern parking area to include landscaped islands and sidewalks (the “Project Improvements”).
On April 13, 2005, 4th & Locust, LLC the (“Original Developer”) and the Commission entered into a redevelopment agreement for the implementation of the Project Improvements (the “Redevelopment Agreement”). The Original Developer had successfully completed the Project Improvements and had requested that the Commission issue it a Certificate of Completion and Compliance in accordance with Section 11 of the Redevelopment Agreement.
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 19
The Original Developer and 450 X, LLC (“450 X”) were parties to a Real Estate Purchase and Sale Agreement (the “Purchase and Sale Contract”), which provided for 450 X’s purchase of certain property located within the boundaries of area described by Redevelopment Project 16. The Original Developer desired to assign and 450 X desires to assume all remaining rights, interests and duties under the Redevelopment Agreement, including the right to receive the payment of any TIF Revenue due and owing to the Original Developer.
Section 17 of Redevelopment Agreement provided that there shall be no assignment of the Original Developer’s rights under the Redevelopment Agreement, except upon terms and conditions agreeable to the Commission. The Original Developer and 450 X were requesting that the Commission enter into an Assignment & Assumption Agreement, which shall provide for the Original Developer’s assignment and 450 X’s assumption of the Original Developer’s rights, interests, duties and obligations under the Redevelopment Agreement.
The effectiveness of the Assignment & Assumption Agreement, attached to the Commission’s Board Packet as Exhibit 27 and which was prepared by legal counsel, was conditioned upon the execution and delivery of a separate Funding Agreement by and between the Commission and 450 X, along with the delivery of the retainer described therein, and an amended and restated redevelopment agreement, which shall set forth the remaining rights, duties, interests and obligations of 450 X and the Commission as it related to the Project Improvements and Redevelopment Project 16. The Assignment & Assumption Agreement, attached to the Commission’s Board Packet as Exhibit 27, was reviewed and negotiated by staff and legal counsel who recommend its approval, subject to modifications accepted by the Executive Director, the Chair and legal counsel.
Action taken: APPROVE THE ASSIGNMENT & ASSUMPTION AGREEMENT AMONG TH 450 X, LLC, 4 & LOCUST, LLC AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH THE REDEVELOPMENT PROJECT 16 OF THE RIVER MARKET TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 7-13-17).
28. River Market TIF Plan: Consideration of approval of Amended and Restated Agreement between the TIF Commission and 450 X, LLC. in connection with Redevelopment Project 16 of the River Market TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1999, the Commission, by Resolution No. 11-1- 99, approved the River Market Tax Increment Financing Plan (the “Plan”) and recommended the Plan to the City Council of Kansas City, Missouri (the “Council”). On December 16, 1999, the Council passed Ordinance No. 991556, approving the Plan. The Plan had been amended nine times by the Council’s passage of a series of ordinances.
Redevelopment Project 16 of the Plan (“Redevelopment Project 16”) provided for the renovation of a vacant warehouse building located at 450 E. 4th Street (17,800 square feet) into approximately 14,000 square feet of professional office space along with improvements
{File: EDCKC/60/ADM/ADMST/99/00196396.DOC /} 20 to the parking facility next to the building, as well as the southern parking area to include landscaped islands and sidewalks (the “Project Improvements”).
On April 13, 2005, 4th & Locust, LLC the (“Original Developer”) and the Commission entered into a redevelopment agreement for the implementation of the Project Improvements (the “Redevelopment Agreement”). The Original Developer had successfully completed the Project Improvements and requested that the Commission issue it a Certificate of Completion and Compliance in accordance with Section 11 of the Redevelopment Agreement.
The Original Developer and 450 X, LLC (“450 X”) were parties to a Real Estate Purchase and Sale Agreement (the “Purchase and Sale Contract”), which provided for 450 X’s purchase of certain property located within the boundaries of area described by Redevelopment Project 16, as described by the Plan. The Original Developer expressed its desire to assign and 450 X expressed its desire to assume all remaining rights, interests, obligations and duties under the Redevelopment Agreement, including the right to receive the payment of any TIF Revenue due and owing to the Original Developer and, pursuant to the previous agenda item, requested that the Commission enter into an Assignment & Assumption Agreement with the Original Developer and 450 X, which shall provide that (i) the Original Developer shall assign and 450 X shall assume all of the Original Developer’s rights, interests, duties and obligations arising under the Redevelopment Agreement, (ii) the Original Developer shall assign and 450 X shall assume all of the Original Developer’s rights and interests to receive reimbursement of all certified Redevelopment Project Costs due and owing to the Original Developer under the Redevelopment Agreement and (iii) the Commission shall consent to such assignment and assumption, subject to the execution of an Amended and Restated Redevelopment.
In order to satisfy the conditions of the Assignment & Assumption Agreement, 450 X desired to enter into the Amended and Restated Redevelopment Agreement, which was attached to the Commission Board Packet as Exhibit 28, which provided for 450 X’s and the Commission’s ongoing obligations with respect to Redevelopment Project 16. It contained the Commission’s most recent policies and procedures and staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE AMENDED AND RESTATED REDEVELOPMENT AGREEMENT BETWEEN 450 X, LLC AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH REDEVELOPMENT PROJECT 16 OF THE RIVER MARKET TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 7-14-17).
29. Universal Floodwater Detention TIF Plan: Consideration of improvements within the Universal Floodwater Detention TIF Plan, and other matters related thereto.
Chair Circo stated that the matter had been considered by the Governance, Finance & Audit Subcommittee, however, the recommendation was tabled. The process would continue with issuance of the 45-day notice.
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Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: August 9, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Darren Hennen Troy Nash via teleconference Jeffrey Williams Randy Landes Kerrie Tyndall
TAXING DIST: Jim Malle, Jackson County Jerry Nolte, Clay County Bruce Eddy, other Kevin Masters, Kansas City School District Tim Gallagher, North Kansas City School District Matt Fritz, North Kansas City School District Ted Graves, Clay County Freddie Nichols, Clay County, other Jim Staley, Mid Continent Library, other Chris Cahagan, Hickman Mills School District
ABSENT: Estella Morales Jason Parson Calvin Williford, Jackson County Scott Jacoby, Jackson County Debbie Siragusa, Jackson County, other Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Ron Schieber, Platte County John Elliott, Platte County William Brown, Platte County other Frank Offutt, Platte County Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Sharon Nibbelink, Center School District Michael Weishaar, Center School District Shannon Jaax, Kansas City School District
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2}
STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Jennifer Brockman, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Steve Sparks, Bryan Cave Herb Hardwick, Hardwick Law Carl Boyd, HRD Andrea Dorch, HRD Kellee Madinger, White Goss DeAnn Totta, Maxus Properties Matt Webster, Will Hitzman, DST
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Troy Nash (via teleconference), Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jerry Nolte (Clay County), Bruce Eddy (other), Tim Gallagher (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Estella Morales, Jason Parson, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Jim Malle (Jackson County), and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the July 12, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JULY 12, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. GALLAGHER AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
Action taken: NONE; INFORMATION ONLY.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 2 3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, July 31, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Bruce Eddy, Kevin Masters (Conference Call-in), and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, and legal counsel to TIF, Herbert Hardwick.
The Subcommittee reviewed the April 2017 Human Relations Report Narrative and the May 2017 MBE/WBE Executive Summary report of MBE/WBE utilization on active TIF Projects. A copy of that report was included in the board packet for review.
The Subcommittee reviewed the Kansas City, MO Disparity Study that was issued in April 2017. After considerable discussion, the Subcommittee asked that the Executive Director and legal counsel put together an Executive Summary noting how the TIF Commission would be impacted by the Study. The Human Relations Director advised that the Study was expected to go before the City Council within the next two to three weeks for approval.
Some Subcommittee members attended a joint Minority and Women Business Enterprise training session along with other Affirmative Action Subcommittee members from the Planned Industrial Expansion Authority and Land Clearance for Redevelopment Authority. There was discussion of developing a second training session in the very near future.
Other items discussed during the Affirmative Action Subcommittee were included as separate agenda items in the board packet.
The next Subcommittee meeting was tentatively scheduled for Monday, August 28, 2017 at 3:30 p.m.
Chair Circo asked the Commissioners to review the Study to consider the significant changes recommended by the City and requested an overview by legal counsel.
Herb Hardwick distributed a Memorandum and presented the key points of the City of Kansas City, Missouri Disparity Study 2016 and recommendations.
Commissioner Malle arrived at this time.
Discussion ensued.
Chair Circo noted she was questioning some of the recommendations on how the process functions and not disputing the findings and the need.
Commissioners who had attended the Affirmative Action and Contract Compliance Subcommittee meeting, the HRD workshop and/or City Council business session expressed concern for various aspects of the recommendations.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 3 Heather Brown noted that the workshop raised many technical issues which Director Yelder agreed to reconsider including instructions to contractors/developers, as well as updating their availability/data.
Chair Circo stated that the Subcommittee was highly functioning and must remain as a layer of accountability and functionality to continue to make it a successful program and directed staff to articulate that to Mr. Yelder.
Wesley Fields addressed the goal setting aspects.
Discussion ensued.
Ms. Brown clarified that other EDC incentive agencies applied the MBE/WBE program differently than TIF, therefore, HRD was seeking consistency.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Darren Hennen stated that the Governance, Finance and Audit Subcommittee met on July 28, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MR. HENNEN, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE.
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Heather Brown reported receipt of a request from Winchester TIF Housing Program for modification to the housing program. The Subcommittee would consider and return to the Commission with a recommendation
Additionally, an RFP for the Antioch Mall TIF housing program would be issued shortly.
Action taken: NONE; INFORMATION ONLY.
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 4 7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown stated that the Governance, Finance & Audit Subcommittee had requested creation of a policy regarding transmission of the monthly agenda and exhibits to all Commissioners within specific time parameters which was expected to be presented at the September Board Meeting.
Additionally, a 45-day notice for termination of Project 13 of the Civic Mall TIF Plan would be published for a public hearing in October.
Action recommended: NONE; INFORMATION ONLY.
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jerry Nolte (Clay County), and Freddie Nichols. Absent were: Estella Morales, Jason Parson, Troy Nash, Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
Chair Circo addressed the Dual County representation issue noting where in cases of shared jurisdictional representation, an agreement letter between the affected jurisdictions would be created to dictate representation in the event of their absence.
Direction taken: STAFF SUBMIT AN AGREEMENT LETTER TO ALL DUAL IMPACTED COUNTIES FOR DIRECTION REGARDING REPRESENTATION ON TIF PLAN/PROJECTS.
8. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of June 14, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY.
9. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for August 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 5 Platte Purchase TIF Plan: Consideration of certification of costs totaling $370,722.07, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $370,722.07 Use of funds: Street Improvements Cost certifier: Ralph Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: 100% Compliant
Notes: Street Improvements Project 1 and 2, Street widening NW 88th Street, Median Reconstruction and Traffic Signals.
Recommendation: Approve certification of costs totaling $370,722.07.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MR. LANDES, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY (RES 8-1-17).
CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jerry Nolte (Clay County), Ted Graves (Clay County) Freddie Nichols, and Tim Gallagher (North Kansas City School District). Absent were: Estella Morales, Jason Parson, Troy Nash, Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
10. Consideration of a Dual Impacted TIF Plan/Project Representation Agreement between the Liberty School District and the North Kansas City District, and other matters related thereto.
Chair Circo stated that, pursuant to the Commission’s direction at the July 12th Board Meeting, an agreement letter had been sent to the Liberty and North Kansas City School Districts regarding consent for a second single school district representative to occupy the seat of an absent school district representative. Liberty School District declined citing they wished to retain their full right and their absence indicated they were in support of the matter being considered and no one may substitute. She further directed staff to submit a similar agreement letter to dual impacted County representations for their direction as well.
11. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the July 12, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JULY 12, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 6
12. Shoal Creek Parkway TIF Plan: Consideration of approval of a Redevelopment Agreement between the Commission and the City of Kansas City, Missouri for the construction of certain infrastructure improvements related to the construction of Fire Station, in connection with and in furtherance of the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein as a redevelopment area (the “Redevelopment Area”). The Shoal Creek TIF Plan had been subsequently amended, pursuant to a series of ordinances passed by the City Council.
On April 12, 2017, the Commission, by Resolution No.4-6-17, recommended that the City Council approve the 13th Amendment to the Shoal Creek TIF Plan, which provided, in part, for the construction of certain infrastructure improvements related to and in support of a Fire Station to be built at 291 Highway between N Belmont Avenue and NE Sherman Road (the “Infrastructure Improvements”). The 13th Amendment was approved by the City Council by its passage of Committee Substitute for Ordinance No. 170327.
The City desired to enter into a Redevelopment Agreement with the Commission, in a form substantially similar to Exhibit 12 attached to the Commission Board Packet, which provided, in part, for the construction of the Infrastructure Improvements and for the Commission to reimburse costs incurred by the City that relate to the construction of the Infrastructure Improvements in an amount not to exceed $2,100,000.
To the extent the Commission found acceptable the terms of the Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT WITH THE CITY OF KANSAS CITY, MISSOURI FOR THE CONSTRUCTION OF CERTAIN INFRASTRUCTURE IMPROVEMENTS RELATED TO AND IN SUPPORT OF A FIRE STATION TO BE BUILT AT 291 HIGHWAY AND BETWEEN N BELMONT AVENUE AND NE SHERMAN ROAD, AS CONTEMPLATED BY THE SHOAL CREEK PARKWAY TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. LANDES, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY (RES 8-2-17).
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jerry Nolte (Clay County), Ted Graves (Clay County), Freddie Nichols, Tim Gallagher (North Kansas City School District), and Matt Fritz (North Kansas City School District). Absent were: Estella Morales, Jason Parson, Troy Nash, and Terry Ward (North Kansas City School District).
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 7
Chair Circo stepped out at this time.
13. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the July 12, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JULY 12, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
14. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for August 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Antioch Crossing TIF Plan: Consideration of certification of costs totaling $1,436,151.10, and other matters related thereto.
Request from: Antioch Redevelopment Total amount requested: $1,436,151.10 Use of funds: Redevelopment Project Expenses Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 42%, last reporting cycle 100% (2nd half 2016). Both developer and retailers were making good faith efforts to obtain required EATs documents.
Notes: Project Expenses included Site Improvements, Demolition, Hard Construction, Interest and Financing Cost, Permits, Inspections, Platting, Zoning and Contingencies. Pay Request # 19.
Recommendation: Approve certification of costs totaling $1,436,151.10.
Arlington Road TIF Plan: Consideration of certification of costs totaling $2,024.00, and other matters related thereto.
Request from: Hunt Midwest Real Estate Development, Inc. Total amount requested: $2,024.00 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: Novak Birks Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 8
Notes: Professional Services, Administration Expenses and Interest.
Recommendation: Approve certification of costs totaling $2,024.00.
North Oak TIF Plan: Consideration of bond draw totaling $22,569.90, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $11,500.00 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
Bond Project Draw Funds Portion Portion Total North Oak TIF Plan - Administrative Fees Karen Duffner- Inv 41 1,500.00 - 1,500.00 - TNG Construction LLC - Inv 2480 10,000.00 - 10,000.00 11,500.00$ 11,500.00$ -$ $ 11,500.00
Notes: The draw was for $1,500.00 Administrative Fees and $10,000.00 subcontractor’s reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve a bond draw totaling $11,500.00.
Commissioner Hennen abstained from voting.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 8-3-17).
Chair Circo returned at this time.
15. Briarcliff West TIF Plan. Consideration of approval of an Assignment & Assumption Agreement among the TIF Commission, Briarcliff Buena Vista, LLC, FREG Briarcliff Associates, LLC, Maxus Operating Limited Partnership and Briarcliff Apartment Homes, LLC in connection with Redevelopment Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto.
Wesley Fields stated that upon the recommendation of the TIF Commission, the City Council of Kansas City, Missouri, on May 30, 1990, by its passage of Ordinance No. 65497, approved the Briarcliff West Tax Increment Financing Plan (the “Plan”). The Plan had been amended eleven times by the Council’s passage of a series of ordinances.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 9 Redevelopment Projects 32 and 37 of the Plan (the “Redevelopment Projects”) provide for a three story, 120 apartment unit complex comprising approximately 463,000 square feet (the “Project Improvements”). Briarcliff Development Company, a Missouri corporation (“Briarcliff Development”), and the Commission entered into a Fourth Amended and Restated Agreement (the “Redevelopment Agreement”), dated November 1, 2011, for the implementation of the Plan and the redevelopment projects described thereby, including the Redevelopment Projects. Briarcliff Development Company, Briarcliff Apartment Homes, LLC (“Briarcliff Apartment Homes”) and Maxus Operating Limited Partnership (the “Equity Holder”) entered into a Partial Assignment and Assumption Agreement (the “2013 Assignment Agreement”), dated July 6, 2013, which provided, inter alia, for (i) Briarcliff Development’s assignment and Briarcliff Apartment Homes’ assumption of Briarcliff Development’s rights, interests, duties and obligations arising under the Redevelopment Agreement with respect to the Redevelopment Projects and (ii) Briarcliff Development’s assignment to Equity Holder, upon the Change of Control (as defined in the 2013 Assignment Agreement) of Briarcliff Development’s right under the Redevelopment Agreement to receive payments in lieu of taxes and economic activity taxes generated within the areas described by the Redevelopment Projects (the “Redevelopment Project Areas”) in an amount equal to $1,180,000 (the “TIF Revenue Stream”).
Briarcliff Apartment Homes successfully completed the Project Improvements and the Commission, pursuant to Resolution 7-4-17, issued Briarcliff Apartment Homes a Certificate of Completion and Compliance in accordance with Section 19 of the Redevelopment Agreement.
Briarcliff Apartment Homes, Briarcliff Buena Vista, LLC and FREG Briarcliff Associates, LLC (collectively, the “Purchaser”) were parties to a Real Estate Sale Agreement, dated June 28, 2017 (the “Sale Contract”), which provided for the Purchaser’s purchase of certain property located within the boundaries of the Redevelopment Project Areas (the “Property”). Briarcliff Apartment Homes, in connection with the transfer and conveyance of the Property to the Purchaser, pursuant to the Sale Contract, desired to assign and the Purchaser desired to assume Briarcliff Apartment Homes’ rights, interest, duties and obligations arising under the Redevelopment Agreement that relate to Redevelopment Projects. Equity Holder, in connection with the transfer and conveyance of the Property desired to assign to the Purchaser the TIF Revenue Stream Equity Holder was entitled to receive under the 2013 Assignment Agreement.
Section 26 of Redevelopment Agreement provided that there shall be no assignment of Briarcliff Apartment Homes’ rights, interests, duties and obligations under the Redevelopment Agreement, except upon terms and conditions agreeable to the TIF Commission. Briarcliff Apartment Homes and the Purchaser were requesting that the TIF Commission enter into an Assignment & Assumption Agreement, which shall provide for Briarcliff Apartment Homes’ and Equity Holder’s assignment and the Purchaser’s assumption of Briarcliff Apartment Homes’ rights, interests, duties and obligations under the Redevelopment Agreement and Equity Holder’s right to receive the TIF Revenue Stream.
The effectiveness of the Assignment & Assumption Agreement, attached to the TIF Commission’s Board Packet as Exhibit 15 and which had been prepared by legal counsel, is conditioned upon the execution and delivery of a new redevelopment agreement, which shall set forth the remaining rights, duties, interests and obligations of the Purchaser and the TIF Commission as it relates to the Redevelopment Projects. The Assignment & Assumption
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 10 Agreement, attached to the TIF Commission’s Board Packet as Exhibit 15, had been reviewed and negotiated by staff and legal counsel and, to the extent the TIF Commission found its terms acceptable, recommended its approval, subject to modifications accepted by the Executive Director, the Chair and legal counsel.
Mr. Fields answered questions of the Commissioners.
Action taken: APPROVE THE ASSIGNMENT & ASSUMPTION AGREEMENT AMONG BRIARCLIFF BUENA VISTA, LLC, FREG BRIARCLIFF ASSOCIATES, LLC, BRIARCLIFF APARTMENT HOMES, LLC, MAXUS OPERATING LIMITED PARTNERSHIP AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH REDEVELOPMENT PROJECT 32 AND 37 OF THE BRIARCLIFF WEST TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. LANDES, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY BY THE FOLLOWING ROLL CALL VOTE (RES 8-4- 17):
CINDY CIRCO AYE DARREN HENNEN AYE JEFFREY WILLIAMS AYE RANDY LANDES AYE KERRIE TYNDALL AYE JERRY NOLTE ABSTAIN TED GRAVES AYE FREDDIE NICHOLS NAY TIM GALLAGHER NAY MATT FRITZ NAY
16. Briarcliff West TIF Plan. Consideration of approval of a Redevelopment Agreement among the TIF Commission, Briarcliff Buena Vista, LLC and FREG Briarcliff Associates, LLC in connection with Redevelopment Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto.
Wesley Fields stated that upon the recommendation of the TIF Commission, the City Council of Kansas City, Missouri, on May 30, 1990, by its passage of Ordinance No. 65497, approved the Briarcliff West Tax Increment Financing Plan (the “Plan”). The Plan had been amended eleven times by the Council’s passage of a series of ordinances.
Redevelopment Project 32 and 37 of the Plan (the “Redevelopment Projects”) provide for a three story, 120 apartment unit complex comprising approximately 463,000 square feet (the “Project Improvements”). Briarcliff Development Company, a Missouri corporation (“Briarcliff Development”), and the Commission entered into a Fourth Amended and Restated Agreement (the “Redevelopment Agreement”), dated November 1, 2011, for the implementation of the Plan and the redevelopment projects described thereby, including the Redevelopment Projects. Briarcliff Development Company, Briarcliff Apartment Homes, LLC (“Briarcliff Apartment Homes”) and Maxus Operating Limited Partnership (the “Equity Holder”) entered into a Partial Assignment and Assumption Agreement (the “2013 Assignment Agreement”), dated July 6, 2013, which provided, inter alia, for (i) Briarcliff
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 11 Development’s assignment and Briarcliff Apartment Homes’ assumption of Briarcliff Development’s rights, interests, duties and obligations arising under the Redevelopment Agreement with respect to the Redevelopment Projects and (ii) Briarcliff Development’s assignment to Equity Holder, upon the Change of Control (as defined in the 2013 Assignment Agreement) of Briarcliff Development’s right under the Redevelopment Agreement to receive payments in lieu of taxes and economic activity taxes generated within the areas described by the Redevelopment Projects (the “Redevelopment Project Areas”) in an amount equal to $1,180,000 (the “TIF Revenue Stream”).
Briarcliff Apartment Homes successfully completed the Project Improvements and the Commission, pursuant to Resolution 7-4-17, issued Briarcliff Apartment Homes a Certificate of Completion and Compliance in accordance with Section 19 of the Redevelopment Agreement.
Briarcliff Apartment Homes, Briarcliff Buena Vista, LLC and FREG Briarcliff Associates, LLC (collectively, the “Purchaser”) were parties to a Real Estate Sale Agreement, dated June 28, 2017 (the “Sale Contract”), which provided for the Purchaser’s purchase of certain property located within the boundaries of the Redevelopment Project Areas (the “Property”). Briarcliff Apartment Homes, in connection with the transfer and conveyance of the Property to the Purchaser, pursuant to the Sale Contract, desired to assign and the Purchaser desired to assume Briarcliff Apartment Homes’ rights, interest, duties and obligations arising under the Redevelopment Agreement that relate to Redevelopment Projects. Equity Holder, in connection with the transfer and conveyance of the Property desired to assign to the Purchaser the TIF Revenue Stream Equity Holder was entitled to receive under the 2013 Assignment Agreement. Pursuant to the previous agenda item, the Purchaser requested that the TIF Commission enter into an Assignment & Assumption Agreement with Briarcliff Apartment Homes and Equity Holder, which shall provide that (i) Briarcliff Apartment Homes shall assign and the Purchaser shall assume all of Briarcliff Apartment Homes’ rights, interests, duties and obligations arising under the Redevelopment Agreement, (ii) the Equity Holder shall assign and Forum shall assume all of the Equity Holder rights and interests to receive the TIF Revenue Stream that Equity was entitled to receive under the 2013 Assignment Agreement and (iii) the Commission shall consent to such assignment and assumption, subject to, inter alia, the execution of a new Redevelopment Agreement.
In order to satisfy the conditions of the Assignment & Assumption Agreement, the Purchaser desired to enter into a new Redevelopment Agreement, which was attached to the TIF Commission Board Packet as Exhibit 16, which provided for the Purchaser’s and the TIF Commission’s ongoing obligations with respect to the Redevelopment Projects. It contained the TIF Commission’s most recent policies and procedures and, to the extent the TIF Commission found it acceptable, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT BETWEEN BRIARCLIFF BUENA VISTA, LLC, FREG BRIARCLIFF ASSOCIATES, LLC AND THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI IN CONNECTION WITH REDEVELOPMENT PROJECTS 32 AND 37 OF THE BRIARCLIFF WEST TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. LANDES AND
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 12 CARRIED UNANIMOUSLY BY THE FOLLOWING ROLL CALL VOTE (RES 8-5-17):
CINDY CIRCO AYE DARREN HENNEN AYE JEFFREY WILLIAMS AYE RANDY LANDES AYE KERRIE TYNDALL AYE JERRY NOLTE ABSTAIN TED GRAVES AYE FREDDIE NICHOLS NAY TIM GALLAGHER AYE MATT FRITZ AYE
17. Briarcliff West TIF Plan. Consideration of approval of a Collateral Assignment Agreement among the TIF Commission, Briarcliff Buena Vista, LLC, FREG Briarcliff Associates, LLC and Berkadia Commercial Mortgage LLC in connection with Redevelopment Projects 32 and 37 of the Briarcliff West TIF Plan, and other matters related thereto.
Wesley Fields stated that Pursuant to the previous agenda item, Briarcliff Buena Vista, LLC and FREG Briarcliff Associates, LLC (collectively, the “Developer”) intend to enter a Redevelopment Agreement (the “Redevelopment Agreement”), which provided for the Developer’s and the TIF Commission’s ongoing obligations with respect to Redevelopment Projects 32 and 37 (the “Redevelopment Projects”) of the Briarcliff West Tax Increment Financing Plan, which was approved by the City Council of the City of Kansas City, Missouri (the “City”) on May 3, 1990, by Ordinance No. 65497, and had been subsequently amended by a series of ordinances passed by the City Council (the “TIF Plan”).
In order to induce Berkadia Commercial Mortgage LLC (the “Lender”) to extend certain financial accommodations for the acquisition of certain property located within the area described by the Redevelopment Projects (the “Redevelopment Project Areas”), pursuant to a Loan Agreement between the Developer, as Borrower and Berkadia Commercial Mortgage LLC, as Lender (the “Loan Agreement”), the Developer had agreed to execute a Collateral Assignment, which provided, in part, that the Developer shall collaterally assign its right, title, interest to the Lender in and to certain payments becoming due under the Redevelopment Agreement from payments in lieu of taxes and economic activity taxes generated within the Redevelopment Project Areas (“TIF Revenue”). The TIF Revenue would secure the Developer’s obligations under a certain Promissory Note delivered in connection with the Loan Agreement in favor of Lender (the “Note”).
The Collateral Assignment of TIF Revenues, attached to the Commission’s Board packet as Exhibit 17, provided, in part, pending written receipt of notice from Lender to the TIF Commission of the satisfaction of Developer’s obligations to Lender under the Loan Agreement, the TIF Commission and the Developer acknowledge and agree that the Lender (i) shall have control of all payments that Developer was entitled to receive under the Redevelopment Agreement, and (ii) shall have the right and power to instruct and direct the TIF Commission, pursuant to a written notice from the Lender to the TIF Commission, to make all payments that the Developer was entitled to receive under the Redevelopment Agreement directly to the Lender, or as the Lender may otherwise instruct and direct in
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 13 writing to the TIF Commission, all in accordance with the provisions of the Redevelopment Agreement with the Commission.
The Collateral Assignment of TIF Revenues further provided that the Developer acknowledged and agreed that any payments that the Developer was entitled to receive under the Redevelopment Agreement and made by the TIF Commission to the Developer (or as Lender may otherwise instruct and direct in writing to the TIF Commission) shall discharge the TIF Commission’s obligation to reimburse or pay redevelopment project costs due and owing to the Lender thereunder, to the extent such payments were made, and that the TIF Commission shall have no further liability to the Developer for the amount of such sums so paid pursuant to the Lender’s instructions and directions.
In order to assist Developer in connection with its financing of the acquisition and maintenance of the project and public improvements contemplated by the Redevelopment Projects, staff recommended that the attached Collateral Assignment of TIF Revenue, which had been prepared by legal counsel, be approved and executed by the Commission, subject to modifications accepted by the Chairman, Executive Director and legal counsel.
Mr. Fields answered questions of the Commissioners.
Heather Brown stated that the accommodation to the developer assisted with securement of financing.
Action taken: APPROVE THE COLLATERAL ASSIGNMENT OF TIF REVENUES AGREEMENT AMONG THE TAX INCREMENT FINANCING COMMISSION OF KANSAS CITY, MISSOURI, BRIARCLIFF BUENA VISTA, LLC AND FREG BRIARCLIFF ASSOCIATES, LLC AND IN FAVOR OF BERKADIA COMMERCIAL MORTGAGE, LLC REGARDING THE BRIARCLIFF WEST TIF PLAN, SUBJECT TO MODIFICATIONS APPROVED BY THE CHAIRMAN, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. TYNDALL, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-6-17).
18. North Oak TIF Plan: Consideration of an Amended and Restated Cooperative Agreement between the City of Kansas City, Missouri and the Tax Increment Financing Commission related the design and construction of the N. Troost Trail, and other matters related thereto.
Wesley Fields stated that on January 12, 2005, the Tax Increment Financing Commission of Kansas City, Missouri, (the “Commission”) adopted Resolution 1-27-05 approving the North Oak Tax Increment Financing Plan (the “TIF Plan”) and designating an area identified by the TIF Plan as a redevelopment area (the “Redevelopment Area”). On February 24, 2005, the City Council (the “Council”) of the City of Kansas City, Missouri (the “City”), by Second Committee Substitute for Ordinance No. 050104, approved the TIF Plan. The Council subsequently approved several amendments to the TIF Plan, pursuant to the following ordinances: Ordinance No. 060534, Ordinance No. 070996, Ordinance No. 090832, Ordinance No. 100083, Ordinance No. 100705, Ordinance No. 120172 and Ordinance No. 160670.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 14 The Eighth Amendment to the TIF Plan provided, among other things, for the design and construction of roadways and other public infrastructure within and adjacent to the Redevelopment Area, including the design and construction of North Troost Trail between NE Englewood Road and NE Vivion Road (“Trail Project”). The total cost to complete the Trail Project is $1,210,000 (“Trail Costs”).
On September 30, 2016, the Commission, the City and Hunt Midwest Real Estate Development, Inc., entered into a Cooperative Agreement, which provided:
1. The Commission, in accordance with that certain Financing (Super-TIF ) Agreement, dated November 25, 2014, between the City and the Commission, which provided that the City, subject to annual appropriation, shall contribute the remaining Economic Activity Taxes generated by the Redevelopment Projects described by the Plan, which were not subject to capture, in accordance with the Act, and that would otherwise be deposited into the City’s general fund to be used for payment of Redevelopment Project Costs related to the acquisition, design and construction of certain road and public infrastructure improvements contemplated by the Plan, shall contribute up to $300,000 related to the Trail Costs (the “Super TIF Contribution”).
2. The City, subject to appropriation, shall contribute $690,000 to the Commission for the purpose of paying a portion of the Trail Costs (the “City Contribution”).
3. Hunt Midwest shall contribute $220,000 to the Commission for the purpose of paying a portion of the Trail Costs (the “Hunt Midwest Contribution”).
The City now desired to amend, restate and replace the Cooperative Agreement to provide for the following:
1. Hunt Midwest shall contribute $220,000 to the City for the purpose of paying a portion of the Trail Costs (the “Hunt Midwest Contribution”).
2. The City, subject to appropriation, shall pay a portion of the Trail Costs in the amount of $690,000 (the “City Contribution”); shall utilize the Hunt Midwest Contribution to pay a portion of the Trail Costs; and shall provide written evidence to the Commission that the City had paid Trail Costs in the amount of City Contribution and Hunt Midwest Contribution.
3. The Commission, as soon as reasonably practicable after the receipt of (i) the Super TIF Contribution, (ii) written evidence to its satisfaction that Hunt Midwest had paid to the City the Hunt Midwest Contribution and (iii) written evidence that the City had expended an amount equal to the sum of the Hunt Midwest Contribution and the City Contribution for Trail Costs, which had been certified by the Commission, pursuant to its Certification of Costs and Reimbursement Policy, shall utilize the Super TIF Contribution to reimburse the City for a portion of the Trail Costs.
The Amended and Restated Cooperative Agreement among the Commission, Hunt Midwest and the City for the financing of the Trail Project, which was attached to the Commission Board Packet as Exhibit 18, amended, restated and replaced the September 30, 2016 Cooperative Agreement. To the extent the Commission found the terms acceptable of the Amended and Restated Cooperative Agreement, staff and legal counsel recommended its
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 15 approval, subject to modifications accepted by the Chair, Executive Director and Legal Counsel.
Mr. Fields answered questions of the Commissioners.
Commissioners expressed disagreement with the necessity of the agreement.
Action taken: APPROVE THE AMENDED AND RESTATED COOPERATIVE AGREEMENT AMONG CITY OF KANSAS CITY, MISSOURI, HUNT MIDWEST REAL ESTATE DEVELOPMENT, INC. AND THE TIF COMMISSION FOR THE FINANCING OF CERTAIN COSTS RELATED TO THE DESIGN AND CONSTRUCTION OF N TROOST TRAIL, AS CONTEMPLATED BY THE NORTH OAK TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. LANDES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-7-17).
19. Antioch Crossing TIF Plan: Consideration of a Redevelopment Agreement between the City of Kansas City, Missouri and the Tax Increment Financing Commission related the design of NE 53rd Street, and other matters related thereto.
Action taken: TABLED
Commissioner Tyndall stepped out at this time.
JACKSON COUNTY/CENTER AGENDA ITEMS
Responding to the roll call for the Jackson County/Center TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Jeffrey Williams, Randy Landes, Jim Malle (Jackson County), and Jim Staley (Jackson County other). Absent were: Kerrie Tyndall, Estella Morales, Jason Parson, Troy Nash, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Sharon Nibbelink (Center School District), and Michael Weishaar (Center School District).
20. Consideration of acceptance of the Jackson County/Center TIFC Minutes, and other matters related thereto.
Minutes of the June 14, 2017 Jackson County/Center meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 JACKSON COUNTY/CENTER MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY.
21. Consent Agenda: Consideration of the Consent Agenda for Jackson County/Center, and other matters related thereto.
The Consent Agenda items for August 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following item was included:
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 16 • Cost Certifications
Bannister & Wornall Road TIF Plan: Consideration of certification of costs totaling $833,720.14, and other matters related thereto.
Request from: 9400 Wornall, LLC Total amount requested: $833,720.14 Use of funds: Permanent Financing / Interest Cost Cost certifier: Ralph C. Johnson & Company Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant.
Recommendation: Approve certification of costs totaling $833,720.14.
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/CENTER, MISSOURI. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY (RES 8-8-17).
Commissioner Tyndall returned at this time.
JACKSON COUNTY/HICKMAN MILLS AGENDA ITEMS
Responding to the roll call for the Jackson County/Hickman Mills TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jim Malle (Jackson County), Jim Staley (Jackson County other), and Chris Gahagan (Hickman Mills School District). Absent were: Estella Morales, Jason Parson, Troy Nash, Calvin Williford (Jackson County), and Scott Jacoby (Jackson County).
22. Consideration of acceptance of the Jackson County/Hickman Mills TIFC Minutes, and other matters related thereto.
Minutes of the June 14, 2017 Jackson County/Hickman Mills meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JUNE 14, 2017 JACKSON COUNTY/HICKMAN MILLS MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY.
23. Hickman Mills TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23-year statutory period for the capture of tax increment allocation financing Project I identified by the Hickman Mills Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Project I, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 921259 on December 3, 1992, approved the Hickman Mills Tax Increment Financing Plan (the “Plan”) and designated an area described
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 17 by the Plan as a redevelopment area (the “Redevelopment Area”). The Council approved tax increment financing for Project I of the Plan in Ordinance No. 921260 on May 5, 1994.
The Redevelopment Area is generally bounded by US Highway 71 on the west, Mooreland/Hillcrest Heights subdivisions on the east, Bannister Road on the north and I-470 on the south in Kansas City, Jackson County, Missouri.
The 23-year period for the capture of tax increment allocation financing has expired and it is appropriate to terminate the designation of Project I.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within the Project I of the Hickman Mills TIF Plan had expired and that the City Council pass an ordinance terminating the designation of Project I.
Discussion ensued.
Action taken: APPROVE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1) ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN PROJECT 1 OF THE HICKMAN MILLS TIF PLAN HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE DESIGNATION OF THAT PROJECT AREA. MOTION MADE BY MR. HENNEN, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-9-17).
Directive taken: STAFF INCORPORATE BUDGET/CERTIFIED/ACTUAL COSTS IN PLAN/PROJECT TERMINATION REPORTS INCLUDING ASSESSED VALUE COMPARISON TO OTHER AREA PROPERTIES.
Commissioner Hennen stepped out at this time.
JACKSON COUNTY/KCMO AGENDA ITEMS
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Jeffrey Williams, Randy Landes, Kerrie Tyndall, Jim Malle (Jackson County), Bruce Eddy (other), and Kevin Masters (Kansas City School District). Absent were: Darren Hennen, Estella Morales, Jason Parson, Troy Nash, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Debbie Siragusa (other), and Shannon Jaax (Kansas City School District)
24. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the July 12, 2017 meeting were included for the Commission’s review prior to the meeting.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 18 Action taken: ACCEPT THE JULY 12, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY.
25. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for August 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $1,087.88, and other matters related thereto.
Request from: Walnut Creek Ranch Total amount requested: $1,087.88 Use of funds: TIF Commission Expenses Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant
Notes: Blossom House Commission Expenses.
Recommendation: Approval of certification of costs totaling $1,087.88
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $21,808.00, and other matters related thereto.
Request from: Kansas City Marriott Total amount requested: $21,808.00 Use of funds: Holiday Lighting Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 10%, last reporting cycle 100% (2nd half 16). Both developer and retailers are making a good faith effort to obtain required EATs documents.
Recommendation: Approval of certification of costs totaling $21,808.00.
22nd and Main TIF Plan: Consideration of certification of costs totaling $800,000.00, and other matters related thereto.
Request from: City of Kansas City, Missouri Total amount requested: $800,000.00 Use of funds: 20th Street Streetscape Improvements NID Cost certifier: Ralph Johnson
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 19 Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 43%, last reporting cycle 97% (2nd half 16). Both developer and retailers are making a good faith effort to obtain required EATs documents.
Recommendation: Approve certification of costs totaling $800,000.00
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO ND WITH THE EXCEPTION OF THE 22 & MAIN CERTIFICATION REQUEST. MOTION MADE BY MR. LANDES, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 8-10-17).
Commissioner Hennen returned at this time.
26. 11th Street Corridor TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within Project F identified by the 11th Street Corridor Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Project F, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 921355, on December 10, 1992, approved the Eleventh Street Corridor Tax Increment Financing Plan (the “Eleventh Street TIF Plan”) and designated an area described by the TIF Plan as a redevelopment area (the “Redevelopment Area”). Ordinance No. 940722, approving tax increment financing for Project F of the TIF Plan, was passed on June 23, 1994.
The redevelopment area described by the Plan is generally bound by E. 9th Street on the north, E. 12th Street on the south, Wyandotte Street on the west, and Main Street on the east in Kansas City, Jackson County, Missouri.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within Project F has expired and that the City Council pass an ordinance terminating the designation of Project F.
Ms. Brown identified Project F as 816 Broadway, Thayer Place.
Action taken: APPROVE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1) ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN TH PROJECT F OF THE 11 STREET CORRIDOR TIF PLAN HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE DESIGNATION OF PROJECT F. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-11-17).
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 20 27. Southtown Corridor/31st and Baltimore TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23-year statutory period for the capture of tax increment allocation financing Projects A, A-1, and B identified by the Southtown Corridor/31st and Baltimore Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Projects A, A-1, and B, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 940564 on May 19, 1994, approved the Southtown Corridor/31st and Baltimore Tax Increment Financing Plan (the “Southtown TIF Plan” or “Plan”) and designated an area described by the Plan as a redevelopment area (the “Redevelopment Area”). The Redevelopment Area is a non continguous area comprised of two parts. The first part is bound by 59th Street on the North, 75th on the South, Holmes Road on the West, and Chestnut on the East (the “South Prospect/Troost Area”). The second part is generally bound by Memorial Drive on north, 31st Street on the South, Wyandotte on the West, and Main Street on the East (the “31st & Baltimore Area”) in Kansas City, Jackson County, Missouri. The Council approved tax increment financing for Projects A and B of the Plan in Ordinance Nos. 940565 and 940566 on the same date. Project A is divided into Projects A and A-1 on March 27, 2003.
The 23-year period for the capture of tax increment allocation financing had expired and it was appropriate to terminate the designation of Projects A, A-1, and B.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within the Projects A, A-1 and B of the Southtown TIF Plan had expired and that the City Council pass an ordinance terminating the designation of Projects A, A-1 and B.
Action taken: APPROVE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1) ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN ST PROJECTS A, A-1 AND B OF THE SOUTHTOWN/31 & BALTIMORE TIF PLAN HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE DESIGNATION OF THOSE PROJECT AREAS. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-12-17).
28. Uptown Theater TIF Plan: Consideration of a recommendation that the City Council of Kansas City, Missouri acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within Projects 1a, 1b, and 1c identified by the Uptown Theater Tax Increment Financing Plan has expired and pass an ordinance terminating the designation of Projects 1a, 1b, and 1c, and other matters related thereto.
Heather Brown stated that the City Council (the “City Council”) of the City of Kansas City, Missouri, by the passage of Ordinance No. 940715, on June 16, 1994, approved the Uptown Theater Tax Increment Financing Plan (the “Uptown TIF Plan”) and designated an area described by the TIF Plan as a redevelopment area (the “Redevelopment Area”). Ordinance
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 21 Nos. 940716, 940717 and, 940718, approving tax increment financing for Projects 1a, 1b, and 1c of the TIF Plan, respectively, were passed on June 16, 1994.
The Redevelopment Plan Area is generally bound by Knickerbocker Avenue on the north, Central Street and Wyandotte Street on the east, 39th Terrace, Washington Street and 40th Street on the south, and Pennsylvania and Washington Avenues on the west all in Jackson County, Kansas City, Missouri.
Staff recommended that the TIF Commission adopt a Resolution recommending that the City Council acknowledge that the 23-year statutory period for the capture of tax increment allocation financing within Projects 1a, 1b, and 1c has expired and that the City Council pass an ordinance terminating the designation of Projects 1a, 1b, and 1c.
Ms. Brown stated that staff was researching payment status of the bonds in preparation and expectation of full termination of the Plan.
Action taken: APPROVE RECOMMENDATION THAT THE CITY COUNCIL OF KANSAS CITY, MISSOURI (1) ACKNOWLEDGE THAT THE 23-YEAR PERIOD FOR THE CAPTURE OF TAX INCREMENT FINANCING WITHIN PROJECTS 1A, 1B, AND 1C WITHIN THE UPTOWN THEATER TIF PLAN HAS EXPIRED AND (2) RECOMMEND THAT THE CITY COUNCIL PASS AN ORDINANCE TERMINATING THE DESIGNATION OF THE PROJECTS 1A, 1B, AND 1C. MOTION MADE BY MS. TYNDALL, SECONDED BY MR. LANDES AND CARRIED UNANIMOUSLY BY ROLL CALL VOTE (RES 8-13-17).
In view of the group of project terminations recently submitted, Commissioner Hennen questioned the current deal flow.
Discussion ensued.
The Commissioners discussed the information necessary to evaluate return on investment and quantitative versus qualitative data. They requested that future presentation summary sheets include: (1) history, and (2) entry analysis to be maintained in the records and exit analysis to provide the quantitative comparison data, (3) intangible elements providing qualitative analysis, and (4) before/after photos.
29. Universal Floodwater TIF Plan: Update regarding the proposed Fifth Amendment to the Universal Floodwater TIF Plan, and other matters related thereto.
Cathleen Flournoy presented the proposed funding structure that staff and the Governance, Finance & Audit Subcommittee established at the July 28th meeting related to the Fifth Amendment, as well as the contemplated project costs estimated at $6.9 million, and the breakdown of surplus funds to be redirected to the taxing jurisdictions totaling $6,347,503. The Fifth Amendment calls for the City to contribute its surplus amount of $2.293 million to the other taxing jurisdictions. The Plan was anticipated to terminate mid 2018.
Ms. Flournoy answered questions of Commissioners.
{File: EDCKC/60/ADM/ADMST/99/00197383.DOC / 2} 22
Special Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: August 17, 2017 TIME: 2:15 p.m. PLACE: Economic Development Corporation 1100 Walnut, Suite 1700 Kansas City, Missouri
TELECONFERENCE DIAL 816-691-2102 (area code required regardless of location) PIN # 72107
PRESENT: Cindy Circo Darren Hennen Estella Morales Jason Parson Mark McHenry
TAXING DIST: Ron Schieber, Platte County John Elliott, Platte County
ABSENT: Troy Nash Jeffrey Williams William Brown, Platte County other Frank Offutt, Platte County Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District
STAFF/GUESTS: Heather Brown, EDC Jennifer Brockman, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave
{File: EDCKC/60/ADM/ADMST/99/00197742.DOC /} PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Darren Hennen, Estella Morales, Jason Parson, Mark McHenry, Ron Schieber (Platte County), and John Elliott (Platte County), Absent were: Troy Nash, Jeffrey Williams, and Frank Offutt (other) William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
1. KCI Corridor TIF Plan: Consideration of approval of bond draws for the (1) repayment of funds contributed to the Commission by Menard Inc. for the payment of costs related to (a) the design of Green Hills Road and (b) the acquisition of right–of- way and utility relocation necessary for the construction of Green Hills Road, together with interest accrued on such amount from date of Menard Inc.’s contribution, and (2) payment of commission expenses related to the project, and other matters related thereto.
Wesley Fields stated the purpose of the item was related to the Menards’ 2012 contribution equal to $1.6 million in connection with the design of Green Hills Road, relocation of associated utility lines, intersection and acquisition of right-of-way. The Reimbursement Agreement also provided that Menards would be reimbursed at the time of the 2014 bond issuance for the funds advancement plus interest accrued at a rate equal to ½ point plus prime. The advancement had been spent for design, engineering, right of way acquisition, and utility relocation totaling $1,561,758. Funds were available in the bond trust account including $205,188.89 interest.
Staff and legal counsel recommended request of bond draw and payment to Menards.
Heather Brown stated that approval of this item would eliminate the accrual of interest on amounts owing Menards and further confirmed the $1,912.50 was a Commission expense.
Chair Circo opened the floor for questions. There were none
Commissioner Hennen abstained from voting.
TIF Plan Developer Costs Requested Purpose Notes KCI Corridor Menards $1,561,758, plus Reimbursement Bond Draw interest in the estimated of Contribution amount of $205,188.89 KCI Corridor $1,912.50 Commission Bond Draw Legal Expense
Action taken: APPROVAL OF BOND DRAWS IN THE AMOUNT OF $1,912.50 FOR THE PAYMENT OF COMMISSION LEGAL EXPENSE AND $1,561,758 PLUS INTEREST IN THE ESTIMATED AMOUNT OF $205,188.89 FOR THE REPAYMENT OF FUNDS CONTRIBUTED TO THE COMMISSION BY MENARD, INC. FOR (A) THE DESIGN OF GREEN HILLS ROAD AND (B) AND ACQUISITION OF RIGHT-OF-WAY AND UTILITY
{File: EDCKC/60/ADM/ADMST/99/00197742.DOC /} 2
Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: September 13, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Estella Morales Troy Nash Jason Parson Jeffrey Williams Kerrie Tyndall
TAXING DIST: Jim Malle, Jackson County Johnny Sweeney, Jackson County Debbie Siragusa, other Shannon Jaax, Kansas City School District (via teleconference) Kevin Masters, Kansas City School District Tim Gallagher, North Kansas City School District Matt Fritz, North Kansas City School District Jerry Nolte, Clay County Jim Staley, Mid Continent Library, other
ABSENT: Scott Jacoby, Jackson County Ted Graves, Clay County Freddie Nichols, Clay County, other Frank Offutt, Platte County, other Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District Ron Schieber, Platte County John Elliott, Platte County William Brown, Platte County other Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District
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STAFF/GUESTS: Heather Brown, EDC Greg Flisram, EDC Cathleen Flournoy, EDC Dan Moye, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Herb Hardwick, Hardwick Law Dan Bagunu, KCMO Carl Boyd, KCMO HRD Bruce Eddy, Jackson Co. Mental Health Kellee Madinger, White Goss Jim Noland, Stern Brothers Rob Roberts, Business Journal Curt Petersen, Polsinelli Biller Miller, Novak Birks Caprice James, MD Management Rick Powell, Cumberland Crosby Kemper III, Kansas City Public Library Jan Parks, CKCEDR Susan Stocking, CKCEDR Wil Hitzman, DST Matt Webster
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Kerrie Tyndall, Jim Malle (Jackson County), Tim Gallagher (North Kansas City School District), and Kevin Masters (Kansas City School District). Absent were: Scott Jacoby (Jackson County), Jerry Nolte (Clay County), and Debbie Siragusa (other).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the August 9, 2017 Administrative TIFC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE AUGUST 9, 2017 17 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
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The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
Ordinance 010710 Report EAT’s Report
Action taken: NONE; INFORMATION ONLY
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, August 28, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Kevin Masters (via teleconference), and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, legal counsel to TIF, Herbert Hardwick, and Andrea Dorch of the City’s Human Relations Department.
The Subcommittee reviewed the May 2017 Human Relations Report Narrative and the May 2017 MBE/WBE Executive Summary report of MBE/WBE utilization on active TIF Projects. NOTE: The May 2017 reports were incorrectly provided instead of the June 2017 reports. The June 2017 reports were included in the board packet for review. Staff reviewed the June 2017 reports and found no significant differences between the two reports.
Other items discussed during the Affirmative Action Subcommittee were included as separate agenda items in the board packet.
The next Subcommittee meeting was tentatively scheduled for 11:30 a.m. Monday, September 25, 2017.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Troy Nash stated that the Governance, Finance and Audit Subcommittee met on September 8, 2017 at which time Board Chair Circo appointed Jeffrey Williams as an interim Subcommittee member. The following items were presented for consideration:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
Jeffrey Williams presented a request for $5,000 funding for property condition assessment materials consisting of aerial and street level photography equipment to assist in improving
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the level of economic development activity within the Central City Economic Development Sales Tax District. Field surveys would provide a baseline of current conditions to gauge the effectiveness of future interventions, as well as identify locations for targeted allocation of resources to determine where they would have the greatest impact. Additionally, the equipment would assist in long range planning efforts, building and grounds inspections and a historic record of the built environment to measure future change, identify potentially dangerous buildings, construction and infrastructure projects, trails and streams, and assess the severity of code violations. The City would be piloting the equipment to determine functionality, usage, training and staffing.
Commissioner Nolte arrived at this time.
Discussion ensued.
Heather Brown noted multiple agreements would be implemented including license agreement and cooperative agreement.
Chair Circo requested touch points to revisit capabilities and expansion, as well as maintain opportunities for TIF to baseline new TIFs or assess old TIFs that are closing out. As the program grows, ensure that partnering with the City doesn’t lose sight of TIF usage.
Mr. Williams committed to providing for tracking and quarterly reporting. Additionally, non- proprietary information would be made available to the taxing jurisdictions.
Action taken: APPROVE PURCHASE OF PROPERTY CONDITION ASSESSMENT MATERIALS. MOTION MADE BY MS. MORALES, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 9-1-17).
5. Administrative: Consideration of approval of an Agenda Preparation and Advance Distribution Policy, and other matters related thereto.
Heather Brown stated that the Governance, Finance and Audit Committee recommended the adoption of an Agenda Preparation and Advance Distribution Policy. The purpose of the Policy was to outline the procedure for the preparation of Commission and Committee agendas, to provide a timeframe for distribution of the agendas to the Commission.
The Policy provided that items for consideration must be presented to the Executive Director in writing in sufficient time to be added to the agenda and that agendas be distributed a minimum of 3 business days preceding the meeting.
Items may be added to the agenda up to 24 hours prior to the meeting at the discretion of the Chair and/or Executive Director, or later, if the addition complies with the Open Records Law of Missouri. The proponent of the agenda item may be subject to a late fee up to $,1000 as recommended by the Executive Director.
Ms. Brown noted the policy mirrors and codifies current practice.
Discussion ensued.
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Commissioner Gallagher recommended implementing a 6-month and annual review to evaluate the effectiveness of the policy.
Ms. Brown recommended adding that late fees are not applicable reimbursable expenses.
Action taken: APPROVE THE AGENDA PREPARATION AND ADVANCE DISTRIBUTION POLICY INCLUDING LANGUAGE ADDING 6-MONTH AND ANNUAL REVIEWS AND STIPULATION THAT FEES ARE NOT REIMBURSABLE EXPENSES. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 9-2-17).
6. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Commissioner Parson stated the Neighborhood & Housing Subcommittee meeting was scheduled for September 26th at 6:00 p.m. at the EDC offices.
Action taken: NONE; INFORMATION ONLY.
7. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE
8. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Action recommended: NONE
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, and Kerrie Tyndall. Absent were: Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
9. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the July 12 and August 17, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE JULY 12 AND AUGUST 17, 2017 PLATTE COUNTY/PLATTE RIII-PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY.
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10. Consent Agenda: Consideration of the Consent Agenda for Platte County/Platte RIII- Park Hill, and other matters related thereto.
The Consent Agenda items for September 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
KCI TIF Plan: Consideration of certification of costs totaling $28,000.88, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $28,000.88 Use of funds: TIF Commission Expenses and Engineering Cost Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 92% Compliant. Last reporting cycle 97% (2nd half 2016).
Notes: Engineering Cost Project 4B & 5B and related Legal Fees and Construction Interest. All of this request will be paid from a bond draw—see schedule below.
Bond Project Draw Funds Total Portion Portion Certification KCI Corridor - MD Management, Inc. $ 28,000.88 $ - $ 28,000.88
Recommendation: Approval of certification of costs totaling $28,000.88 and related bond draw of $28,000.88.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE COUNTY/PLATTE RIII-PARK HILL. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 9-3-17).
11. KCI Corridor TIF Plan: Consideration of approval of the recommendations as presented by the KCI Corridor TIF Plan Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the KCI Corridor TIF Advisory Committee met on August 23, 2017 to discuss the availability of funds to finance additional public infrastructure improvements contemplated by the KCI Corridor Tax Increment Financing Plan (the “Plan” or “Redevelopment Plan”) and certain proposed changes to the priority of funding of such additional public infrastructure improvements.
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TIF Accounting staff and representatives of MD Management, Inc. and Hunt Midwest Real Estate Development, Inc. presented an exhibit summarizing cost savings associated with public improvements that were funded with proceeds the KCI Corridor Improvement and Refunding Revenue Bonds issued by The Industrial Development Authority of the County of Platte County, Missouri, Series 2014 (the “Series 2014 Bonds”) totaling $2,474,873. The costs savings result after an allocation of $600,000 for local matching funds for the design and construction of Trails in the Redevelopment Area described by the Redevelopment Plan.
The Advisory Committee, by Resolution, recommends that the Commission enter into a funding agreement with the City of Kansas City, Missouri, to utilize up to $600,000 of available proceeds resulting from the sale of the Series 2014 Bonds to fund a portion of the Redevelopment Project Costs related to the T4 and T6 Trails, as described by the Redevelopment Plan and as may be permitted by the Series 2014 Bond documents.
The Advisory Committee considered a detailed presentation of the current and proposed priorities to be funded by the Redevelopment TIF Plan. It was determined an amendment to the Redevelopment Plan would be necessary to accomplish the proposed priorities accepted by the Advisory Committee.
The Advisory Committee, by Resolution, recommended that the TIF Commission consider an amendment to the Redevelopment Plan to provide for the construction and financing of the following prioritized improvements:
. Project 4B Old Tiffany Springs Road Bridge design $1.05 million . Project 5B N. Skyview design and construction $1.6 million . Project 4B Old Tiffany Springs Road Bridge construction $5.5 million . Project 16 Shoal Creek Parkway construction $1 million . Trails T4 and T6 $600,000
The Advisory Committee, by Resolution, further recommended that the TIF Commission consider, within such amendment referenced above, the expansion of the boundaries of the Redevelopment Area to include the construction and financing of the following prioritized improvements:
. Project 17 Line Creek Parkway realignment $2.180 million . Project 7C Old Tiffany Springs Road $992,000 . Project 18 Green Hills Road Barry to NW 78th St $11 million . Project 19 Green Hills Road Shoal Creek Parkway to Old Tiffany Springs Road $27.5 million . Project 20 A/B Shoal Creek Parkway – Platte Purchase to N. Congress $47.5 million
The Advisory further recommends that the TIF Commission authorize and direct its staff to deliver notices for the proposed Amendment described above to the affected taxing jurisdictions by the end of September for a public hearing to consider such amendment on November 8, 2017.
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Staff recommended acceptance of the recommendations, as presented, from the KCI Corridor TIF Advisory Committee; direct staff to prepare an amendment to the KCI Corridor TIF Plan; and direct legal counsel to prepare all necessary agreements related to the prioritized improvements recommended by the Advisory Committee and accepted by the TIF Commission. Action taken: ACCEPT THE KCI CORRIDOR TIF ADVISORY COMMITTEE RECOMMENDATIONS; DIRECT STAFF TO PREPARE AN AMENDMENT TO THE KCI CORRIDOR TIF PLAN THAT INCLUDES THE ADVISORY COMMITTEE’S RECOMMENDATIONS FOR THE TIF COMMISSION’S CONSIDERATION IN NOVEMBER 2017 AND DIRECT LEGAL COUNSEL TO PREPARE ALL NECESSARY AGREEMENTS RELATED TO THE ADVISORY COMMITTEE’S RECOMMENDATIONS ACCEPTED BY THE TIF COMMISSION. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 9-4-17).
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Kerrie Tyndall, and Jerry Nolte (Clay County). Absent were: Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Ted Graves (Clay County), Freddie Nichols (Clay County other), Mike Reik (Platte R-III School District), and Angie Hughes (Platte R-III School District).
12. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of August 9, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE AUGUST 9, 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
13. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for September 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
Platte Purchase TIF Plan: Consideration of certification of costs totaling $115,641.26, and other matters related thereto.
Request from: MD Management, Inc. Total amount requested: $115,641.26 Use of funds: Street Improvements
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Cost certifier: Ralph Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: N/A
Notes: Street Improvements Project 1 and 2, Street widening NW 88th Street, Median Reconstruction and Traffic Signals.
Recommendation: Approval of certification of costs totaling $115,641.26.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 9-5-17).
14. Barry Towne TIF Plan: Review of the Twenty Year Progress Report of the Barry Towne TIF Plan, and other matters related thereto.
Heather Brown stated that the Twenty-Year Report had been reviewed by the Affirmative Action/Contract Compliance Subcommittee who met on Monday, August 28, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Kevin Masters (via teleconference), and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, legal counsel to TIF, Herbert Hardwick, and Andrea Dorch of the City’s Human Relations Department.
State Law provided that 5 years after the establishment of a redevelopment plan and every 5 years thereafter, the Council shall hold a public hearing regarding TIF redevelopment plans and projects for the purpose of determining if the plan/project was making satisfactory progress under the proposed time schedule in the plan. The Twenty Year Progress Report was presented to the Affirmative Action/Contract Subcommittee for informational purposes only. A copy of the Progress Report was included in the board packet for review.
Action taken: NONE; INFORMATION ONLY.
15. Platte Purchase Redevelopment Plan: Consideration of approval of the recommendations as presented by the Platte Purchase Redevelopment Plan Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the Platte Purchase Redevelopment Advisory Committee met on August 23, 2017 to discuss the completion of current projects as well as prioritizing future projects.
The Advisory Committee recommended, at such time funding becomes available, to fund the following prioritized improvements contemplated by the Platte Purchase Redevelopment Plan (the “Plan” or “Redevelopment Plan”):
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. Project 3 Sanitary Sewer Extension and Trail TS 1 $2.286 million . Project 4 Old Tiffany Springs Road round about and water main $7.416 million . Project 6 Phase 1 Design of Platte Purchase and MO-152 interchanges $350,000; . Project 8 Old Tiffany Springs Road $992,000
Advisory Committee further recommended that the TIF Commission consider an amendment to the Plan to include the prioritized improvements described above.
The Advisory further recommended that the TIF Commission authorize and direct its staff to deliver notices for the proposed Amendment described above to the affected taxing jurisdictions by the end of September for a public hearing to consider such amendment on November 8, 2017.
Staff recommended acceptance of the recommendations, as presented, from the Platte Purchase Advisory Committee and direct staff to prepare an amendment to the Platte Purchase Redevelopment Plan.
Action taken: ACCEPT THE PLATE PURCHASE ADVISORY COMMITTEE RECOMMENDATIONS; DIRECT STAFF TO PREPARE AN AMENDMENT TO THE PLATTE PURCHASE REDEVELOPMENT PLAN THAT INCLUDES THE ADVISORY COMMITTEE’S RECOMMENDATIONS FOR THE TIF COMMISSION’S CONSIDERATION IN NOVEMBER 2017. MOTION MADE BY MR. PARSON, SECONDED BY MR. NOLTE AND CARRIED UNANIMOUSLY (RES 9-6-17).
CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Kerrie Tyndall, Jerry Nolte (Clay County), Matt Fritz (North Kansas City School District), and Tim Gallagher (North Kansas City School District). Absent were: Ted Graves (Clay County), Freddie Nichols (Clay County other), Terry Ward (North Kansas City School District), Steve Anderson (Liberty School District), and Angie Reed (Liberty School District).
16. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/Liberty-NKC Commission of the August 9, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE AUGUST 9, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY.
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17. Shoal Creek Parkway TIF Plan: Consideration of approval of a Reimbursement Prioritization Agreement by and among the Tax Increment Financing Commission of Kansas City, Missouri, the City of Kansas City, Missouri and Star Acquisitions, Inc. regarding the implementation of certain improvements contemplated by the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council of Kansas City, Missouri (the “City Council”), by Ordinance No. 941443, approved the Shoal Creek Parkway TIF Plan, which had been subsequently amended from time to time (the “Plan”).
The Plan provides for, among other things, the improvement of certain roadways within and adjacent to the Redevelopment Area, including (1) the design of improvements to Shoal Creek Parkway, between NE 96th Street and N. Brighton (the “Shoal Creek Design”), (2) the design of N. Brighton Avenue, between a point 1,941 linear feet south of NE 79th Street and Pleasant Valley Road, (the “N. Brighton Design”), (3) the construction of improvements to NE 104th Street, between MO-291 and A Highway (the “NE 104th Street Improvements”), (4) the construction of improvements within and adjacent to Hodge Park (the “Hodge Park Improvements”), (5) the public infrastructure improvements adjacent to and in support of a fire station to be built at 291 Highway between N. Belmont Avenue and NE Sherman Road (the “Fire Station Infrastructure Improvements”), (6) the design of a trail segment along Shoal Creek Parkway, between N Brighton Road and Pleasant Valley Road (the “Trail Segment Design”) and (7) the construction of certain street improvements and the installation of traffic signalization, sanitary sewer and storm water lines, detention basins and related improvements to support commercial development in an approximately 28 acre area that is generally bound by a point approximately 1,700 linear feet north of MO Highway 152 on the north, MO Highway 152 on the south, The Preserve Subdivision on the west and The Green Hills Subdivision on the east (the “Star Acquisition Public Improvements”, and together with the Shoal Creek Design, the N. Brighton Design, the NE 104th Street Improvements, the Hodge Park Improvements, the Fire Station Infrastructure Improvements and the Trail Segment Design shall hereinafter, collectively be referred as the “Prioritized Improvements”).
On April 12, 2017, upon the recommendation of the Shoal Creek Parkway Advisory Committee, the Commission, by Resolution No. 4-2-17, approved the reimbursement of certain redevelopment project costs related to the Prioritized Improvements (“Prioritized Redevelopment Project Costs”) subject to the following: (1) the execution and performance of separate development agreements (the “Prioritized Development Agreements”) by and between the Commission and the Star Acquisitions, Inc. and the City (collectively, the “Prioritized Developers”), and (2) the availability of Economic Activity Taxes generated within the Redevelopment Area and on deposit in the Special Allocation Fund established in connection with the Redevelopment Projects described by the Plan and maintained by or on behalf of the Commission (“Available TIF Revenue”).
Star Acquisitions, Inc. and the City desired to enter into a Reimbursement Prioritization Agreement, which would provide, in part, upon the execution of the Prioritized Development Agreements, the Commission, each month, shall calculate each of the City’s and Star Acquisition’s respective percentage (the “Reimbursement Percentage”) of the total Prioritized Redevelopment Project Costs that were eligible for reimbursement and which had been certified by the Commission (“Certified Costs”) that remain unpaid, by dividing each of the City’s and Star Acquisition’s unpaid Certified Costs by the total of all unpaid certified Prioritized Redevelopment Project Costs as of the end of such calendar month; provided,
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however, the amount of reimbursement each year would be limited to the “Annual Reimbursement Cap” set forth on the schedule attached to the Agreement. The Reimbursement Percentage was subject to change each calendar month for each Prioritized Developer.
Enclosed in the Commission’s Board Packet was a Reimbursement Prioritization Agreement that contained the terms described in the agenda item. The Reimbursement Prioritization Agreement had been reviewed by Commission staff and legal counsel, it contained the Commission’s most recent policies and procedures and to the extent the Commission found its terms acceptable, staff recommended its approval and execution, subject to any modifications approved by the Chair, Executive Director and legal counsel.
Discussion ensued.
Mr. Fields confirmed a column would be added to the exhibit and forthcoming cost certification representing the percentage of the total available funding.
Action taken: APPROVE THE REIMBURSEMENT PRIORITIZATION AGREEMENT BY AND AMONG THE TIF COMMISSION, THE CITY OF KANSAS CITY, MISSOURI AND STAR ACQUISITIONS, INC. REGARDING THE REIMBURSEMENT OF CERTAIN IMPROVEMENTS CONTEMPLATED BY THE SHOAL CREEK PARKWAY TIF PLAN, SUBJECT TO ANY MODIFICATIONS APPROVED BY LEGAL COUNSEL, THE EXECUTIVE DIRECTOR AND THE CHAIR. MOTION MADE BY MR. WILLIAMS, SECONDED BY MR. MORALES AND CARRIED UNANIMOUSLY (RES 9-7-17).
CLAY COUNTY/NKC AGENDA ITEMS
Responding to the roll call for the Clay County/NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Kerrie Tyndall, Jerry Nolte (Clay County), Matt Fritz (North Kansas City School District), and Tim Gallagher (North Kansas City School District). Absent were: Ted Graves (Clay County), Freddie Nichols (Clay County other) and Terry Ward (North Kansas City School District),
18. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes for the Clay County/NKC Commission of the August 9, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE AUGUST 9, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
19. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for September 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
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Cost Certifications
Parvin Road TIF Plan: Consideration of certification of costs totaling $130,840.00, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $130,840.00 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: Novak Burks Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 80%, last reporting cycle 94% (2nd half 2016). Both developer and retailers are making a good faith effort to obtain required EATs documents.
Notes: Project Expenses includes Construction Period Interest associated with Project Areas 3A, 3B and 3D and Construction and Financing Cost associated with Project Area 4. Total Expenses cover multiple pay application requests. See schedule below.
2017 February Pay Application Request No. 103$ 17,182.00 2017 April Pay Application Request No. 104 73,822.00 2017 May Pay Apllication Request No. 105 22,634.00 2017 June Pay Application Request No. 106 17,202.00 $ 130,840.00
Recommendation: Approve certification of costs totaling $130,840.00.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC. MOTION MADE BY MR. WILLIAMS, SECONDED BY MS. TYNDALL AND CARRIED UNANIMOUSLY (RES 9-8-17).
20. Antioch Crossing TIF Plan: Consideration of a Redevelopment Agreement between the City of Kansas City, Missouri and the Tax Increment Financing Commission related to the design of NE 53rd Street for the Antioch Crossing TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 9, 2011, the Commission, by Resolution No. 11-7-11, recommended to the City Council (the “Council”) of the City of Kansas City, Missouri (“City”) the approval of the Antioch Crossing TIF Plan and on April 12, 2012, the Council passed Ordinance No. 120083, which approved the Antioch Crossing Tax Increment Financing Plan (the “TIF Plan”). The TIF Plan had been amended by the Council’s passage of Ordinance 121006, Committee Substitute for Ordinance No. 140908 and Ordinance No. 170424.
The Third Amendment to the TIF Plan provided, among other things, for the design and construction of roadways and other public infrastructure within and adjacent to the Redevelopment Area, including the design of NE 53rd Street, between N. Chouteau
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Trafficway and N. Indiana (the “Design of NE 53rd Street”). The total cost to complete the Design of NE 53rd Street was $200,000 (“Design Costs”).
The City desired to enter into a Redevelopment Agreement with the Commission, in a form substantially similar to Exhibit 20, attached to the Commission Board Packet, which provided, in part, for the City to undertake and complete the Design of NE 53rd Street by December 2018 and for the Commission to reimburse costs incurred by the City that related to the Design of NE 53rd Street in an amount not to exceed $200,000.
The Redevelopment Agreement, attached as Exhibit 20 to the Commission Board packet, had been reviewed by Commission staff and legal counsel, it contained the Commission’s most recent policies and procedures and to the extent the Commission found its terms acceptable, staff recommended its approval and execution, subject to any modifications approved by the Chair, Executive Director and legal counsel.
Heather Brown answered questions of the Commissioners.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT WITH THE CITY OF RD KANSAS CITY, MISSOURI FOR THE DESIGN OF NE 53 STREET, AS CONTEMPLATED BY THE ANTIOCH CROSSING TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MADE BY MR. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 9-9-17).
JACKSON COUNTY/KCMO AGENDA ITEMS
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the Heart of the City TIF public hearing, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson, Jeffrey Williams, Kerrie Tyndall, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Debbie Siragusa (other), and Kevin Masters (Kansas City School District). Absent were: Scott Jacoby (Jackson County) and Shannon Jaax (Kansas City School District).
21. Heart of the City TIF Plan- First Amendment: Consideration of approval of the First Amendment of the Heart of the City TIF Plan, and other matters related thereto.
Dan Moye stated that it was intended to present the First Amendment and the Housing Program concurrently, however, due to a notice error, staff recommended continuing the public hearing for the First Amendment to the Heart of the City TIF Plan. The Housing Program would be heard independently.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 9:45 AM NOVEMBER 8, 2017. MADE BY MR. WILLIAMS, SECONDED BY MR. SWEENEY AND CARRIED UNANIMOUSLY (RES 9-10-17).
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22. Heart of the City TIF Plan: Consideration of approval of the Housing Program for the Heart of the City TIF Plan, and other matters related thereto.
Dan Moye stated that the Heart of the City TIF Plan’s Housing Program was intended to mirror the Midtown TIF Plan R.A.M.P. Program, therefore, four sections had been added to address that goal. The Program was structured as follows:
Single-Family Owner Occupied TIF Loan/Grants are available in an amount up to $10,000 for single-family owner-occupied homes as follows: Under 100% median income: no match required 100% to 125% median income: dollar for dollar match required Over 125% median income: 2 to 1 match required
The property owner must execute a deed of trust for the benefit of the Commission for 5 years. Each year that the owner maintains the property as his/her primary place of residence, 20% of the loan/grant is forgiven. At the end of 5 years, the Commission will execute and record a release of the deed of trust. If the owner transfers ownership of the property or does not maintain the property as his/her primary residence prior to the end of the 5-year period, he/she will be required to repay to the program the amount of the loan/grant which has not been forgiven.
Single Family Rental to Ownership Conversion TIF Loan/Grants are available in an amount up to $10,000 for rental homes. The owner must match dollar for dollar and provide proof that house was a rental property prior to participation in program. The proposed repairs to the house must result in a complete rehabilitation of the home so that it can be successfully marketed. The home must be offered for sale and sold to a single-family owner within 18 months after completion of repairs. No lease to own contracts will be allowed. If the property is not sold within 18 months after completion of the repairs, the TIF loan/grant amount shall be due and payable immediately. The Commission will execute a deed of release upon closing.
Multi-Family Units (2 to 6 units) TIF Loan/Grants are available in an amount up to $2,500 per unit with owner matching funds dollar for dollar. TIF funds can only be used on the exterior improvements. The property owner must execute a deed of trust for the benefit of the Commission for 5 years. Each year that the owner maintains fee simple ownership of the property, 20% of the loan/grant is forgiven. At the end of 5 years, the Commission will execute and record a release of the deed of trust. If the owner transfers ownership of the property prior to the end of the 5-year period, he/she will be required to repay to the program the amount of the loan/grant which has not been forgiven.
Single Family New Construction / Gap A TIF Grant is available in an amount up to $10,000 per lot. Funds may be used for costs of construction risk or gap in financing for new construction. Construction risk consists of costs of excavation/removal of buried foundations, concrete, rock, underground tanks, abandoned utilities or other unforeseen or unknown underground construction or environmental hazards. Gap in financing consists of the difference between the hard construction cost of the home and the appraised value of the finished home. Funds may also be used for demolition of an
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existing structure to allow construction of a new home. Funds may also be used to acquire a lot for the construction of a single-family home when the entity building the home is a nonprofit and also receives funding from the City of Kansas City Missouri.
Single-Family Rental A TIF Grant is available in an amount up to $5,000 per home with owner matching dollar for dollar. Each applicant must demonstrate all properties within Kansas City owned by the applicant are in compliance with the all city codes and regulations. The property owner must execute a deed of trust for the benefit of the Commission for 5 years. Each year that the owner maintains the property as his/her primary place of residence, 20% of the loan/grant is forgiven. At the end of 5 years, the Commission will execute and record a release of the deed of trust. If the owner transfers ownership of the property or does not maintain the property as his/her primary residence prior to the end of the 5-year period, he/she will be required to repay to the program the amount of the loan/grant which has not been forgiven.
Advisory Committee All members of the committee will be individuals who are residents of or have a civic or business interest within the Heart of the City Neighborhood Stabilization TIF Plan Area. The Committee will consist of 2 of the council members representing the councilmanic districts within Plan Area (or their designees); 1 representative of the City, and 4 neighborhood representatives, to be appointed by the Mayor. The board may choose to expand and add up to 2 additional members which shall be appointed by the Mayor.
Discussion ensued.
Mr. Moye noted that loans would be awarded through an application process through the Housing Advisory Committee. The intent was to address all needs of the properties and leverage various housing related programs and funding sources.
Commissioner Parson noted the importance of utilizing a layered outreach to educate the community about the program.
Heather Brown stated the Committee would develop specific target areas, work with City codes and leverage other City funds and programs to make a larger impact.
Ms. Brown further noted that the taxing jurisdictions would be noticed that approval would be submitted directly to City Council.
Action taken: APPROVE THE HOUSING PROGRAM FOR THE HEART OF THE CITY TIF PLAN. MADE BY MS. MORALES, SECONDED BY MR. PARSON AND CARRIED UNANIMOUSLY (RES 9-11-17).
Commissioner Nash departed at this time.
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PUBLIC HEARING – 10:00 AM
Responding to the roll call for the Jackson County/KCMO TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Jason Parson, Jeffrey Williams, Kerrie Tyndall, Johnny Sweeney (Jackson County), Jim Malle (Jackson County), Debbie Siragusa (other), Shannon Jaax (Kansas City School District) via teleconference, and Kevin Masters (Kansas City School District). Absent were: Scott Jacoby (Jackson County) and Troy Nash.
23. Universal Floodwater Detention TIF Plan- Fifth Amendment: Consideration of approval of the Fifth Amendment of the Universal Floodwater Detention TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Fifth Amendment to the Universal Floodwater Detention TIF Plan (the “Redevelopment Plan” or “Plan”).
Redevelopment Plan Area: The Redevelopment Area is 212.24 acres bounded by Reynolds Avenue on the west, the south bank of the Missouri River on the north, Interstate 435 on the east, and Front Street on the south (the “Redevelopment Area”) in Kansas City, Jackson County, Missouri (the “City”).
Development Program: The Redevelopment Plan provides for the development of the Redevelopment Area by the construction of approximately 2,800,000 - 3,300,000 square feet of commercial, light industrial and heavy industrial space and the development of 52.5 acres of stormwater detention facilities, together with all necessary appurtenances, utilities and street improvements and related public infrastructure improvements.
Notices: Staff delivered notice by certified mail on July 21, 2017 to the taxing districts from which taxable property is included in the Redevelopment Area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Fifth Amendment to the Universal Floodwater Detention TIF Plan prior to the date of this hearing.
Staff prepared and published notices in the The Legal Pulse on August 29, 2017 and September 4, 2017
Staff prepared and delivered notices on September 1, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the Redevelopment Area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
General Description of the Fifth Amendment to the Universal Floodwater Detention TIF Plan: The Fifth Amendment provides for (a) additional public infrastructure improvements, including improvements to Universal Avenue, between E. Front Street and Executive Drive, a bicycle and pedestrian trail between N. Chouteau Trafficway and Olive, the acquisition and demolition of a Ramada Inn and improvements to Front Street between N. Chouteau Trafficway and Universal Avenue (the “Fifth Amendment Public Improvements”), (b) a modification to the development schedule for the implementation of
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the Fifth Amendment Public Improvements, (c) modifications to the Sources and Uses Exhibit to the Plan, (d) modifications to the Specific Objectives of the Plan to include the Fifth Amendment Public Improvements, and (e) modifications to the estimated annual increases in assess value and resulting payments in lieu of taxes. The intent of the Redevelopment Plan remains unchanged other than those changes specifically mentioned in the Fifth Amendment.
What is driving the need for an incentive? The area has been determined and designated by the City Council to be Blighted Area. Tax Increment Financing is being utilized to eliminate blighting factors contributing to such designation and to encourage investment through private enterprise that would not reasonably be anticipated without the use of Tax Increment Financing.
What is unique about the location or the project? The Fifth Amendment to the Redevelopment Plan provides necessary funding to complete the Fifth Amendment Public Improvements, which are necessary to achieve the Specific Objectives of the TIF Plan.
How does this project fit into the City’s economic development strategy? The Fifth Amendment Improvements assist in the elimination of the blighting factors contributing to the Blight designation and support private investment within the Redevelopment Area.
Why is this project good in the long term for the City? The Fifth Amendment to the Redevelopment Plan contemplates the construction of improvements to Universal Avenue between E. Front Street; construction of a bicycle and pedestrian trail between N. Chouteau Trafficway and Olive Street; acquisition and demolition of a Ramada Inn; and construction of improvements to Front Street between N. Chouteau Trafficway and Universal Avenue.
Why is this specific level of incentives being recommended? The Fifth Amendment Improvements would not occur without the use of Tax Increment Financing specified by the Fifth Amendment.
How is this incentive different than one that might have been granted 10 years ago? The Fifth Amendment to the Redevelopment Plan is the final step in completing the public infrastructure improvements originally contemplated by the Plan. Once the Fifth Amendment Public Improvements have been completed, the Redevelopment Plan, subject to the passage of City Council ordinance, will be terminated.
Statutory Findings: It is Staff’s recommendation that the Fifth Amendment to the Universal Floodwater Detention Tax Increment Financing Plan meets each of the required statutory findings identified by the TIF Act. Specifically:
Blighted Area: The Fifth Amendment does not alter the City’s previous finding that the Redevelopment Area, on the whole, is a Blighted area.
Expectations for Development: Fifth Amendment does not alter the City’s previous finding that the Redevelopment Area, on the whole, has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing.
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Conforms to Comprehensive Plan of City: This Fifth Amendment does not alter the City’s previous finding that the Plan conforms to the City’s comprehensive plan.
Date to Adopt Redevelopment Project: This Fifth Amendment does not provide for the adoption of an Ordinance approving any Redevelopment Project later than ten (10) years from the adoption of the plan.
Date to Retire Obligations: In the event Obligations are issued to finance Redevelopment Project Costs, it is anticipated that such Obligations will be retired in less than twenty-three (23) years from the adoption of the Ordinance approving the last Redevelopment Project to be approved by the City Council from which TIF Revenue is utilized to pay principal and interest on such Obligations.
Acquisition by Eminent Domain: This Fifth Amendment does not contemplate that any property located within a Redevelopment Project Area will be acquired by eminent domain later than five (5) years from the adoption of the Ordinance approving such Redevelopment Project.
Cost-Benefit Analysis: This Fifth Amendment does not alter the previous cost-benefit analysis approved by the City, which assesses the economic impact of the Plan on each affected Taxing District and provides sufficient information to evaluate whether the Redevelopment Projects, as proposed by the Plan, are financially feasible.
Gambling Establishment: This Fifth Amendment does not include the initial development or redevelopment of any gambling establishment as defined in the Act. Recommendation: Staff recommends approval of the Fifth Amendment to the Universal Floodwater Detention TIF Plan.
Commissioner Jaax joined via teleconference at this time.
Ms. Flournoy stated that the additions to the budget included items previously unrelated for the following public improvements: Universal Avenue $800,000; pedestrian/bicycle trail $500,000; hotel demolition $1.5 million; Front Street between Chouteau & Universal $4 million; and TIF Commission expenses $100,000 totaling $6.9 million. She additionally presented a Special Allocation Fund disbursement schedule to occur by the end of calendar 2017 totaling $4.985 million. Beginning 2018, the additional $1.361 million would be paid out to the taxing jurisdictions. Any additional surplus monies would also be distributed to the taxing jurisdictions.
Staff recommended approval of the Fifth Amendment of the Universal Floodwater Detention TIF Plan.
Commissioner Sweeney noted for the record that the $2.2 million City portion would be returned to the taxing jurisdictions who would receive their respective portions as well.
Chair Circo opened the floor for comments.
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Crosby Kemper III, Kansas City Public Library, stated opposition of the recommended action which was in violation of State Statute indicating surplus funds should be immediately paid to the County Collector.
Wesley Fields stated legal opinion in support of the action.
Jan Parks, Coalition for Kansas City Economic and Development Reform, stated opposition to the action citing unused funds should be returned immediately to the School Districts.
Chair Circo noted that the taxing jurisdictions were being made whole by this action.
Commissioner Siragusa stated opposition to withholding funds.
Susan Stocking, KCPS parent, stated opposition.
Action taken: CLOSE THE PUBLIC HEARING. MADE BY MS. MORALES, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY (RES 9-12-17).
APPROVE THE FIFTH AMENDMENT OF THE UNIVERSAL FLOODWATER DETENTION TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MADE BY MS. MORALES, SECONDED BY MR WILLIAMS AND CARRIED 9-1 BY THE FOLLOWING ROLL CALL VOTE (RES 9-13-17):
CINDY CIRCO AYE ESTELLA MORALES AYE TROY NASH AYE JASON PARSON AYE JEFFREY WILLIAMS AYE KERRIE TYNDALL AYE JOHNNY SWEENEY AYE JIM MALLE AYE DEBBIE SIRAGUSA NAY SHANNON JAAX AYE KEVIN MASTERS AYE
24. Universal Floodwater Detention TIF Plan: Consideration of approval of a Cooperative Agreement among the TIF Commission, the City of Kansas City, Missouri and the County of Jackson County, Missouri, regarding the distribution of surplus TIF Revenue generated in connection with the Universal Floodwater Detention Tax Increment Financing Plan, and other matters related thereto.
Wesley Fields stated that on April 18, 1991, the City Council of Kansas City, Missouri (the “City Council”) adopted Committee Substitute for Ordinance No. 910047, as amended, which accepted the recommendations of the TIF Commission as to the Universal Floodwater Detention Tax Increment Financing Plan (the “Universal TIF Plan”), approved the Universal TIF Plan and designated each proposed Redevelopment Project Area described by the Universal TIF Plan as blighted. The City Council has amended the Universal TIF Plan by virtue of its passage of series of Ordinances.
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The proposed Fifth Amendment to the Plan (the “Fifth Amendment”) contemplated the construction of certain infrastructure improvements, including the following: improvements to Universal Avenue, between E. Front Street and Executive Drive, a bicycle and pedestrian trail between N. Chouteau Trafficway and Olive Street, the acquisition and demolition of a Ramada Inn and improvements to Front Street between N. Chouteau Trafficway and Universal Avenue (the “Fifth Amendment Public Improvements”). The Fifth Amendment provided for the reimbursement of Redevelopment Project Costs related to the Fifth Amendment Public Improvements, which were estimated to be approximately $6,900,000 (the “Fifth Amendment Costs”).
The Special Allocation Fund(s) established in connection with each Redevelopment Project described by the Plan (the “Special Allocation Fund”) had, as of April 30, 2017, an existing balance of $11,885,799 (the “SAF Balance”), which was comprised of payments in lieu of taxes (“PILOTS”) and economic activity taxes (“EATS”) generated and collected within the Redevelopment Area described by the Plan and deposited in the Special Allocation Fund. As of April 30, 2017, the amount of the SAF Balance in excess of the Fifth Amendment Costs, which was approximately $4,985,799 (the “Existing Surplus Funds”), was deemed surplus and would be distributed to the taxing districts affected by the Plan in accordance with Section 99.850 of the Act.
The City desired to enter into a Cooperative Agreement in a form substantially similar to Exhibit 24, attached to the Commission Board Packet, which would provide for the contribution of the City’s portion of the Existing Surplus Funds, which was approximately $2,293,468, and an additional portion of its surplus funds generated thereafter, in an amount not in excess of $1,361,704, to Jackson County, Missouri for distribution to each of the taxing districts affected by the Plan.
To the extent the TIF Commission found acceptable the terms of the Cooperative Agreement, as outlined in the agenda item and as more specifically set forth on Exhibit 24 to the TIF Commission Board Packet, staff and legal counsel recommended approval of the same, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Mr. Fields confirmed that City Council must pass a separate ordinance to dissolve the Special Allocation Fund and to terminate the TIF Plan.
Action taken: APPROVE THE COOPERATIVE AGREEMENT AMONG THE TIF COMMISSION, THE CITY OF KANSAS CITY, MISSOURI AND THE COUNTY OF JACKSON COUNTY, MISSOURI, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED 9-1 BY ROLL CALL VOTE (RES 9-14- 17).
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25. Universal Floodwater Detention TIF Plan: Consideration of approval of a Redevelopment Agreement between the TIF Commission and the City of Kansas City, Missouri for the implementation of certain public infrastructure improvements contemplated by the Fifth Amendment to the Universal Floodwater Detention Tax Increment Financing Plan, and other matters related thereto.
Wesley Fields stated that on April 18, 1991, the City Council of Kansas City, Missouri (the City Council”) adopted Committee Substitute for Ordinance No. 910047, as amended, which accepted the recommendations of the TIF Commission as to the Universal Floodwater Detention Tax Increment Financing Plan (the “Universal TIF Plan”), approved the Universal TIF Plan designated each proposed Redevelopment Project Area described by the Universal TIF Plan as blighted. The City Council has amended the Universal TIF Plan by virtue of its passage of series of Ordinances.
The proposed Fifth Amendment to the Plan (the “Fifth Amendment”) contemplated the construction of certain infrastructure improvements, including the following: improvements to Universal Avenue, between E. Front Street and Executive Drive, a bicycle and pedestrian trail between N. Chouteau Trafficway and Olive Street, the acquisition and demolition of a Ramada Inn and improvements to Front Street between N. Chouteau Trafficway and Universal Avenue (the “Fifth Amendment Public Improvements”). The Fifth Amendment provided for the reimbursement of Redevelopment Project Costs related to the Fifth Amendment the Public Improvements, which are estimated to be approximately $6,800,000 (the “Fifth Amendment Costs”).
The City desired to enter into a Redevelopment Agreement with the Commission, in a form substantially similar to Exhibit 25, attached to the Commission Board Packet, which provided, in part, for the City to undertake and complete Fifth Amendment Public Improvements by December 2020 and for the Commission to reimburse the Fifth Amendment Costs incurred by the City in an amount not to exceed $6,800,000.
The Redevelopment Agreement, attached as Exhibit 25 to the Commission Board packet was reviewed by Commission staff and legal counsel, it contained the Commission’s most recent policies and procedures and to the extent the Commission found its terms acceptable, staff recommended its approval and execution, subject to any modifications approved by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT BETWEEN THE TIF COMMISSION AND THE CITY OF KANSAS CITY, MISSOURI FOR THE UNIVERSAL FLOODWATER DETENTION TIF PLAN. MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED 9-1 BY ROLL CALL VOTE (RES 9-15-17).
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26. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the August 9, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE AUGUST 9, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. PARSON, SECONDED BY MR. WILLIAMS AND CARRIED UNANIMOUSLY.
27. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for September 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $37,525.00, and other matters related thereto.
Request from: DST Realty, Inc. Total amount requested: $37,525.00 Use of funds: Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant. Last reporting cycle was 100% (2nd half 16).
Notes: Grant 22-4 of the 11th Street Corridor Neighborhood Improvement Fund at 330 W. 9th Street. Phase 3 - Work to performed, repair broken windows and paint east side elevation windows.
Recommendation: Approval of certification of costs totaling $37,525.00
Country Club TIF Plan: Consideration of certification of costs totaling $2,181,890.00, and other matters related thereto.
Request from: Country Club Plaza JV LLC Total amount requested: $2,181,890.00 Use of funds: Special Assessment Payments Cost certifier: CHV CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant. EATs reporting requirement: 82%, last reporting cycle 100% (2nd half 16). Both developer and retailers are making a good faith effort to obtain required EATs documents.
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Recommendation: Approval of certification of costs totaling $2,181,890.00
22nd & Main TIF Plan: Consideration of certification of costs totaling $900,000.00, and other matters related thereto.
Request from: City of Kansas City, MO Total amount requested: $900,000.00 Use of funds: Project costs for streetscape Cost certifier: Ralph Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: N/A.
Notes: Project costs for which reimbursement is requested include sidewalks, signal replacement, design & construction of streetscape improvements.
Recommendation: Approval of certification of costs totaling $900,000.00
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MS. MORALES, SECONDED BY MR. MASTERS AND CARRIED UNANIMOUSLY (RES 9-16-17).
28. 22nd & Main TIF Plan: Consideration of approval of an Amended and Restated Redevelopment Agreement with the City of Kansas City, Missouri for certain improvements contemplated by the 22nd & Main TIF Plan, and other matters related thereto.
Wesley Fields stated that on March 19, 1998, the City Council of the City of Kansas City, Missouri (the “Council”), by way of Ordinance No. 980230, approved the 22nd & Main Tax Increment Financing Plan and designated the area described therein as a redevelopment area (the “Redevelopment Area”). The 22nd & Main Tax Increment Financing Plan was subsequently amended pursuant to a series of ordinances passed by the City Council (the 22nd & Main Tax Increment Financing Plan, as amended by these ordinances is hereinafter referred to as the “Plan”). The Plan contemplated, among other things, the design and construction of certain infrastructure improvements within and adjacent to the Redevelopment Area, which would be funded by TIF Revenue on deposit within a District Wide Improvements Account, within the Special Allocation Fund established in connection with the Plan into which 12% of all PILOTS and EATS generated within the Redevelopment Area were deposited for the purpose of funding infrastructure and public improvements within the Redevelopment Area. The City of Kansas City, Missouri, through its Public Works Department entered into an Agreement in May 2015, which provided, in part, that (A) the City shall design and construct certain streetscape improvements (the “20th Street Improvements”) within the Redevelopment Area in accordance with the 20th Street Streetscape Plan, that was adopted by the City, pursuant to Resolution 110486 (the “20th Street Streetscape Plan”), and (B) the Commission, subject to the satisfaction of certain conditions, including the certification of costs, shall reimburse costs related to the 20th Street Improvements in an amount not to exceed $800,000.
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The City now desired to amend, restate and replace the May 2015 Agreement to provide for the reimbursement of costs related to the 20th Street Improvements in an amount not to exceed $900,000. Commissioner Sweeney departed at this time.
Staff and legal counsel prepared an Amended and Restated Redevelopment Agreement, which provided for an increase in the reimbursement of Redevelopment Project Costs related to the 20th Street Improvements. To the extent the Commission found acceptable the terms of the Amended and Restated Agreement, attached hereto as Exhibit 28, staff and legal counsel recommended approval of the same, subject to modifications accepted by the Chair, Executive Director and legal counsel. Action taken: APPROVE THE AMENDED AND RESTATED REDEVELOPMENT AGREEMENT WITH THE CITY OF KANSAS CITY, MISSOURI FOR THE IMPLEMENTATION OF CERTAIN IMPROVEMENTS CONTEMPLATED BY THE 22ND & MAIN TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, THE EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MADE BY MR. WILLIAMS, SECONDED BY MR. PARSON AND CARRIED 8-1 BY ROLL CALL VOTE (RES 9-17-17).
29. 811 Main TIF Plan: Review of the Ten Year Progress Report of the 811 Main TIF Plan, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, August 28, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Kevin Masters (via teleconference), and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, legal counsel to TIF, Herbert Hardwick, and Andrea Dorch of the City’s Human Relations Department.
State Law provided that 5 years after the establishment of a redevelopment plan and every 5 years thereafter, the Council shall hold a public hearing regarding TIF redevelopment plans and projects for the purpose of determining if the plan/project was making satisfactory progress under the proposed time schedule in the plan. The 811 Main TIF Plan Ten Year Progress Report was presented the Affirmative Action/Contract Subcommittee for informational purposes only. A copy of the Progress Report was included in the board packet for review.
Action taken: NONE; INFORMATION ONLY
30. Baltimore Place TIF Plan: Review of the Ten Year Progress Report of the Baltimore Place TIF Plan, and other matters related thereto.
The Affirmative Action/Contract Compliance Subcommittee met on Monday, August 28, 2017 at the offices of the Economic Development Corporation. In attendance were Commissioners Jim Malle, Jeffrey Williams, Kevin Masters (via teleconference), and Commissioner Estella Morales, presiding. Also in attendance were EDC staff Heather A. Brown and Sandra L. Rayford, legal counsel to TIF, Herbert Hardwick, and Andrea Dorch of the City’s Human Relations Department.
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State Law provided that 5 years after the establishment of a redevelopment plan and every 5 years thereafter, the Council shall hold a public hearing regarding TIF redevelopment plans and projects for the purpose of determining if the plan/project was making satisfactory progress under the proposed time schedule in the plan. The Baltimore Place TIF Plan Ten Year Progress Report was presented the Affirmative Action/Contract Subcommittee for informational purposes only. A copy of the Progress Report was included in the board packet for review.
Action taken: NONE; INFORMATION ONLY
31. Adjournment
There being no further action to come before the Board, the meeting was duly adjourned.
______Secretary
high-performance work system technology organizational structure people processes all work together
{File: EDCKC/60/ADM/ADMST/99/00198493.DOC /} 26 Board Meeting Minutes Tax Increment Financing Commission City of Kansas City, Missouri
DATE: October 11, 2017 TIME: 8:30 a.m. PLACE: Economic Development Corporation Board Room, 4th Floor 1100 Walnut Kansas City, Missouri
PRESENT: Cindy Circo Estella Morales Troy Nash Jason Parson Martin Rucker Mark McHenry Kerrie Tyndall
TAXING DIST: Bruce Eddy, other Shannon Jaax, Kansas City School District - teleconference Kevin Masters, Kansas City School District Tim Gallagher, North Kansas City School District Ted Graves, Clay County Jim Staley, Mid Continent Library, other
ABSENT: Jeffrey Williams Calvin Williford, Jackson County Scott Jacoby, Jackson County Jim Malle, Jackson County Jerry Nolte, Clay County Debbie Siragusa, Jackson County, other Mike Reik, Platte R-III School District Angie Hughes, Platte R-III School District Paul Kelly, Park Hill School District Jeanette Cowherd, Park Hill School District John Elliott, Platte County William Brown, Platte County other Steve Anderson, Liberty School District Angie Reed, Liberty School District Terry Ward, North Kansas City School District Freddie Nichols, Clay County, other Frank Offutt, Platte County
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} STAFF/GUESTS: Heather Brown, EDC Bob Langenkamp, EDC Greg Flisram, EDC Bob Long, EDC Cathleen Flournoy, EDC Sandra Rayford, EDC Jennifer Brockman, EDC Michael Keenan, Cochran Head Wesley Fields, Bryan Cave Herb Hardwick, Hardwick Law Kellee Madinger, White Goss Jim Noland, Stern Brothers Will Heitzman, DST Matt Webster Carl Boyd, HRD Kim Pemberton, KCMO Clayton Holder, Hunt Midwest Mike Bell, Hunt Midwest Jim Ketter, Miller Haviland Ketter Rachel Dwiggins, BKD Jeff Smith, BKD
ADMINISTRATIVE TIF COMMISSION AGENDA ITEMS
Responding to the roll call for the Administrative TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson via teleconference, Martin Rucker, Mark McHenry, Bruce Eddy (other), and Tim Gallagher (North Kansas City School District). Absent were: Jeffrey Williams, Jerry Nolte (Clay County), Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Jim Malle (Jackson County), Debbie Siragusa (other), and Kevin Masters (Kansas City School District).
1. Consideration of acceptance of the Administrative TIFC Minutes, and other matters related thereto.
Minutes of the September 13, 2017 the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 ADMINISTRATIVE TIFC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY.
2. Economic Activity Taxes: Consideration of the Economic Activity Taxes Report, and other matters related thereto.
The most current Economic Activity Taxes Report was included for the Commission’s review prior to the meeting:
• Ordinance 010710 Report • EAT’s Report
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Action taken: NONE; INFORMATION ONLY.
3. Affirmative Action and Contract Compliance Subcommittee Reports: Consideration of acceptance of the Affirmative Action and Contract Compliance Reports, and other matters related thereto.
Commissioner Morales stated that the Subcommittee did not meet in September, however, reports were included for review.
Commissioner Masters joined via teleconference at this time.
Action taken: NONE; INFORMATION ONLY
4. Governance, Finance and Audit Subcommittee: Consideration of Governance, Finance and Audit Reports, and other matters related thereto.
Troy Nash stated that the Governance, Finance and Audit Subcommittee met on September 29, 2017 to consider the following items:
Michael Keenan, Cochran Head, reviewed the monthly financials and answered questions of the Commissioners.
Action taken: ACCEPT THE FINANCIAL REPORT. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY.
Rachel Dwiggins and Jeff Smith, BKD, presented the FY 2017 audit noting the unmodified clean opinion with no significant issues to communicate, commended the efficiency of Michael Keenan, Jennifer Brockman and Rick DeSimone of the Cochran Head team and answered questions of the Commissioners.
Chair Circo commended staff and the Commissioners for their transformative efforts.
It was concluded that future audits would include random individual project analysis as standard practice.
Action taken: APPROVE THE 2017 TIF AUDIT AS PRESENTED. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 10-1-17).
Heather Brown stated that, in conjunction with the Commission’s Disputed Charges Policy, a 60-day dispute of charges had been submitted at the Governance, Finance and Audit Subcommittee meeting relative to River Market TIF Plan Project 16 located at 4th & Locust. The building had recently been sold to a new developer, 450X, LLC, which required preparation and execution of several agreements which had been approved by the Commission. 450X LLC protested the invoice for legal services based on the hourly rates compared to their legal counsel’s rate. Ms. Brown noted that Bryan Cave’s rates were in line with various other developer’s legal fees.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 3 Both Bryan Cave and the developer’s attorney presented their positions at the Governance, Finance & Audit Subcommittee meeting. The Subcommittee disagreed with the dispute and recommended denial of the petition.
Action taken: SUPPORT THE GOVERNANCE, FINANCE AND AUDIT SUBCOMMITTEE’S RECOMMENDATION TO DENY 405X, LLC PETITION FOR DISPUTED CHARGES. MR. MCHENRY, SECONDED BY MR. RUCKER AND CARRIED UNANIMOUSLY
5. Neighborhood & Housing Subcommittee: Consideration of the Neighborhood & Housing Report, and other matters related thereto.
Jason Parson stated that the Neighborhood & Housing Subcommittee met on September 26, 2017 at the EDC offices. In attendance were Commissioners Jason Parson, Jim Malle and Jim Staley, legal counsel Herb Hardwick and staff Heather Brown and Steve Reynolds.
Under consideration were recommendations of the Winchester Housing Improvement Program Advisory Committee. The Committee took the request under advisement.
Additionally, the Heart of the City Housing Program is being presented to the City Council for consideration in the next few weeks. The Mayor is in the process of appointing the advisory committee for the program. The advisory committee will then meet and make decisions about the program implementation, at that point, we will begin accepting applications for the grant/loans.
Action taken: NONE; INFORMATION ONLY.
6. Administrative: Consideration of the Chair’s Report, and other matters related thereto.
Action taken: NONE
7. Administrative: Consideration of the Executive Director’s Report, and other matters related thereto.
Heather Brown stated that Freddie Nichols, representing Clay County other taxing jurisdictions for many years, had requested to retire from her position. They were currently working with other taxing jurisdictions to approve a recommendation for her replacement which would be forthcoming.
Action recommended: NONE; INFORMATION ONLY.
PLATTE COUNTY/PLATTE RIII-PARK HILL AGENDA ITEMS
Responding to the roll call for the Platte County/Platte RIII-Park Hill TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson via teleconference, Martin Rucker, and Mark McHenry. Absent were: Jeffrey Williams, Ron Schieber (Platte County), John Elliott (Platte County), William Brown (Platte County other), Jeanette Cowherd (Park Hill School District), Paul Kelly (Park Hill School District), Angie Hughes (Platte R- III School District), and Mike Reik (Platte R-III School District).
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 4
8. Consideration of acceptance of the Platte County/Platte RIII-Park Hill TIFC Minutes, and other matters related thereto.
Minutes of the September 13, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 PLATTE COUNTY/PLATTE RIII- PARK HILL MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY.
9. KCI Corridor TIF Plan: Consideration to appoint Jade Liska to the KCI Corridor TIF Advisory Committee, and other matters related thereto.
Cathleen Flournoy stated that the KCI Corridor TIF Advisory Committee met on September 20, 2017 to discuss appointment of a replacement for Phil Muncy, representing the Kansas City Aviation Department. Mr. Muncy would be replaced by his alternate, Jade Liska. An alternate for Mr. Liska would be named at a later date.
Staff recommended approval.
Action taken: APPROVE THE KCI CORRIDOR TIF ADVISORY COMMITTEE RECOMMENDATIONS APPOINTING MR. JADE LISKA AS MR. PHIL MUNCY’S REPLACEMENT TO THE ADVISORY COMMITTEE AND REQUEST STAFF TO BRING FORWARD MR. LISKA’S ALTERNATE REPLACEMENT FOR APPROVAL ONCE DETERMINED. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 10-2-17).
PLATTE-CLAY COUNTY /PLATTE RIII AGENDA ITEMS
Responding to the roll call for the Platte-Clay County/Platte RIII TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson via teleconference, Martin Rucker, Mark McHenry, and Ted Graves (Clay County). Absent were: Jeffrey Williams, Ron Schieber (Platte County), John Elliott (Platte County), Jerry Nolte (Clay County), Freddie Nichols (Clay County other), Angie Hughes (Platte R-III School District), and Mike Reik (Platte R-III School District).
10. Consideration of acceptance of the Platte-Clay County/Platte RIII TIFC Minutes, and other matters related thereto.
Minutes of September 13, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 PLATTE-CLAY COUNTY/PLATTE RIII MINUTES AS PRESENTED. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 5
11. Consent Agenda: Consideration of the Consent Agenda for Platte-Clay County/Platte RIII, and other matters related thereto.
The Consent Agenda items for October 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
Barrytowne TIF Plan: Consideration of certification of costs totaling $40,689.64, and other matters related thereto.
Request from: Target Corporation Total amount requested: $40,689.64 Use of funds: 2016 Property Tax NID Assessments Cost certifier: Ralph C. Johnson Questioned or disallowed costs: None MBE/WBE reporting requirement: Not Subject to Reporting Requirements. EATs reporting requirement: 83%, Last reporting cycle was 100% (2nd half 16). The retailers are making a good faith effort to submit required EATs documents.
Notes: 2016 Clay County Property Taxes.
Recommendation: Approve certification of costs totaling $40,689.64.
Action taken: APPROVE THE CONSENT AGENDA FOR PLATTE-CLAY COUNTY/PLATTE RIII. MOTION MADE BY MS. MORALES, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 10-3- 17).
CLAY COUNTY/LIBERTY-NKC AGENDA ITEMS
Responding to the roll call for the Clay County/Liberty-NKC TIFC, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson via teleconference, Martin Rucker, Mark McHenry, Ted Graves (Clay County) and Tim Gallagher (North Kansas City School District). Absent were: Jeffrey Williams, Jerry Nolte (Clay County), Freddie Nichols (Clay County other), and Terry Ward (North Kansas City School District).
12. Consideration of acceptance of the Clay County/Liberty-NKC TIFC Minutes, and other matters related thereto.
Minutes of the September 13, 2017 Clay County/Liberty-NKC meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 CLAY COUNTY/LIBERTY-NKC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 6
13. Shoal Creek Parkway TIF Plan: Consideration of approval of a Second Amendment to the Redevelopment Agreement between the Commission and Hunt Midwest for the design of a portion of North Brighton Road as contemplated by the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein as a redevelopment area (the “Redevelopment Area”). The Shoal Creek TIF Plan had been subsequently amended, pursuant to a series of ordinances passed by the City Council.
The Shoal Creek TIF Plan, as amended, provided for the design and construction of roadways within and adjacent to the Redevelopment Area, and specifically the design of North Brighton Avenue, beginning at NE Pleasant Valley Road and continuing north approximately 6,000 linear feet, including the intersection of North Brighton and Pleasant Valley Road (the “N. Brighton Design”).
The Commission and Hunt Midwest Real Estate Development, Inc. (“Hunt Midwest”), on June 12, 2013, entered into a Redevelopment Agreement (the “Original Agreement”), which provided for Hunt Midwest to cause a portion of the N. Brighton Design to be undertaken pursuant to the Plan, as amended, subject to Hunt Midwest’s reimbursement by the Commission of certain costs related thereto, as described therein. The Commission and Hunt Midwest, on December 12, 2014, entered into the First Amendment to the Original Agreement to, inter alia, (i) increase the scope of work related to right of way acquisition related to the construction of the intersection of North Brighton Avenue and NE Pleasant Valley Road, (ii) extend the completion date to December 31, 2015 and (iii) increase the costs eligible for reimbursement by $400,000 for a total amount of reimbursement not to exceed $1,400,000.
Hunt Midwest desired to amend the Original Agreement, as modified by the First Amendment to reduce the scope of related to the N. Brighton Design to exclude the right of acquisition at the intersection of North Brighton and NE Pleasant Valley Road, which would now be undertaken by the City, and reduce the amount of eligible reimbursable costs by approximately $490,000.
Attached to the Commission’s Board Packet, in a form substantially similar to Exhibit 13, was a Second Amendment to the Original Agreement, which provided, in part, for the reduction in the scope of work related to the N. Brighton Design, as decried by the Original Agreement and as amended by the First Amendment, to exclude the right of acquisition and to reduce the amount of eligible reimbursable costs by approximately $490,000 for total amount of reimbursement not exceed $907,000.
To the extent the Commission found acceptable the terms of the Second Amendment to the Original Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 7 Action taken: APPROVE THE SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT WITH HUNT MIDWEST FOR THE DESIGN OF NORTH BRIGHTON ROAD, BEGINNING AT NE PLEASANT VALLEY ROAD AND CONTINUING NORTH APPROXIMATELY 6,000 LINEAR FEET, AS CONTEMPLATED BY THE SHOAL CREEK PARKWAY TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 10-4-17).
14. Shoal Creek Parkway TIF Plan: Consideration of approval of a Redevelopment Agreement between the Commission and the City of Kansas City, Missouri for the construction of certain infrastructure improvements, in connection with and in furtherance of the Shoal Creek Parkway TIF Plan, and other matters related thereto.
Wesley Fields stated that on November 10, 1994, the City Council (the “City Council”) of the City of Kansas City, Missouri (the “City”), upon the recommendation of the TIF Commission, approved the Shoal Creek Parkway Tax Increment Financing Plan (the “Shoal Creek TIF Plan”) by Ordinance No. 941443 and designated the area described therein as a redevelopment area (the “Redevelopment Area”). The Shoal Creek TIF Plan had been subsequently amended, pursuant to a series of ordinances passed by the City Council.
The Shoal Creek TIF Plan, as amended, provided for the design and construction of roadways within and adjacent to the Redevelopment Area, and specifically, the final design for a portion of North Brighton Avenue, beginning at a point 1,941 linear feet south of NE 79th Street and continuing south to NE Pleasant Valley Road, including right of way acquisition at the intersection of North Brighton and NE Pleasant Valley Road (the “N. Brighton Design and Right of Way Acquisition”).
The City agreed to cause the Design of N Brighton and Right of Way-Acquisition to be undertaken, pursuant to the Plan, as amended, subject to the City’s reimbursement by the Commission of costs related thereto in the aggregate amount not to exceed $485,000
Attached to the Commission’s Board Packet, in a form substantially similar to Exhibit 14, was the Redevelopment Agreement between the Commission and the City, which provided, in part (1) for the City to cause the Design of N Brighton and Right of Way-Acquisition to be undertaken, pursuant to the Plan, as amended and (2) for the Commission to reimburse certain costs related thereto in an amount not to exceed $485,000.
To the extent the Commission found acceptable the terms of the Redevelopment Agreement, staff and legal counsel recommended its approval, subject to modifications accepted by the Chair, Executive Director and legal counsel.
Action taken: APPROVE THE REDEVELOPMENT AGREEMENT WITH THE CITY OF KANSAS CITY, MISSOURI FOR THE DESIGN OF A PORTION OF NORTH BRIGHTON ROAD, BEGINNING AT A POINT 1,941 LINEAR FEET TH SOUTH OF NE 79 STREET AND CONTINUING SOUTH TO NE PLEASANT VALLEY ROAD, INCLUDING RIGHT OF WAY ACQUISITION AT THE INTERSECTION OF NORTH BRIGHTON ROAD AND NE PLEASANT VALLEY ROAD, AS CONTEMPLATED BY THE
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 8 SHOAL CREEK PARKWAY TIF PLAN, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MR. GALLAGHER, SECONDED BY MR. GRAVES AND CARRIED UNANIMOUSLY (RES 10-5-17).
CLAY COUNTY/NKC AGENDA ITEMS
PUBLIC HEARING – 9:00 AM
Responding to the roll call for the public hearing of the Parvin Road Corridor TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Martin Rucker, Mark McHenry, Ted Graves (Clay County), and Tim Gallagher (North Kansas City School District). Absent were: Jeffrey Williams, Jason Parson, Jerry Nolte (Clay County), Freddie Nichols (other), and Terry Ward (North Kansas City School District).
15. Parvin Road Corridor TIF Plan - Tenth Amendment: Consideration of approval of the proposed Tenth Amendment of the Parvin Road Corridor TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Tenth Amendment (the “Tenth Amendment”) to the Parvin Road Corridor TIF Plan (the “Redevelopment Plan” or “Plan”).
Redevelopment Plan Area: The Redevelopment Area described by the Plan, as amended, is an area generally bound by N.E. 48th Street, Parvin Road and the boundary of Kansas City on the north, the boundary of Kansas City and the railroad tracks on the east, Missouri Route 210 and the railroad tracks on the south and North Bennington Avenue on the west (the “Redevelopment Area”) in Kansas City, Clay County, Missouri (the “City”).
Development Program: The Parvin Road Corridor Tax Increment Financing Redevelopment Plan (the “Redevelopment Plan”) proposed to expand and improve the public infrastructure within the Redevelopment Area, as necessary, to accommodate an expansion of the existing above-ground industrial park and its underground industrial and commercial complex known as the Subtropolis, together with all appurtenances necessary to adequately address the existing conditions qualifying the Redevelopment Area as an Economic Development Area including the construction and infrastructure improvements to roadways, curbing, traffic signals, storm sewers, water lines, utilities and related items necessary to adequately serve the expansion of the development complex. The proposed Tenth Amendment provided for additional infrastructure improvements, which included the design of the Arlington Link from North Arlington Avenue west to NE 48th Street as well as Project 1B-1, the construction of a cul-de-sac starting at Parvin Road and ending approximately 300 feet south of Parvin Road.
Notices: Staff delivered notice by certified mail on August 25, 2017 to the taxing districts from which taxable property was located within the Redevelopment Area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Tenth Amendment to the Parvin Road Corridor TIF Plan prior to the date of this hearing.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 9 Staff prepared and published notices in the The Kansas City Star on September 21, 2017 and October 4, 2017.
Staff prepared and delivered notices on September 29, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the Redevelopment Area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
General Description of the Tenth Amendment to the Parvin Road Corridor TIF Plan: The proposed Amendment shall (i) provide for certain modifications to the description of the public improvements, (ii) provide for certain modifications to the Budget of Redevelopment Project Costs, (iii) replace the term “Enterprise Zone” within the Plan with the term “Enhanced Enterprise Zone”, (iv) provide for Enhanced Enterprise Zone tax abatement as authorized by City Council Ordinance 170376 and (iv) incorporate all conforming changes within the Exhibits to the Plan that are in furtherance of the foregoing modifications.
Included within the Tenth Amendment were changes to the Budget of Redevelopment Project Costs, however, the overall total budget remains the same. Additionally, modifications to the Redevelopment Schedule were included outlining the time frame for construction of the additional public improvements, as well as to update the schedule of all existing improvements contemplated by the Plan.
What is driving the need for an incentive? The area had been determined and designated by the City Council to be in need of redevelopment. Tax Increment Financing would enable the construction of infrastructure improvements necessary to adequately address the existing conditions qualifying the Redevelopment Area as an Economic Development Area.
What is unique about the location or the project? The Tenth Amendment to the Redevelopment Plan provided for the following: changes to the description of the public improvements; a reallocation of funds within the Budget of Redevelopment Project Costs while not changing the overall total budget; and providing for Enhanced Enterprise Zone tax abatement within the Redevelopment Plan Area boundary, pursuant to Ordinance No. 170376.
How does this project fit into the City’s economic development strategy? The Tenth Amendment provided for funding of public infrastructure improvements that would support private investment within the Redevelopment Area.
Why is this project good in the long term for the City? The public infrastructure improvements contemplated by the Tenth Amendment would consist of constructing and/or improving roadways, curbing, traffic signals, storm sewers, water lines, utilities and related items necessary to adequately serve the expansion of development within the Redevelopment Area.
Why is this specific level of incentives being recommended? Tax increment financing enables construction of public infrastructure that would address the conditions that qualify the Redevelopment Area as an Economic Development Area.
How is this incentive different than one that might have been granted 10 years ago? The Redevelopment Plan, which provided for tax increment financing, was approved more than ten (10) years ago and it remains necessary for completing public infrastructure.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 10
What is the likely consequence of not granting the amendment/incentive? The likely consequence of not granting approval of the Tenth Amendment to the Parvin Road Corridor TIF Plan was that the objectives outlined by the Redevelopment Plan would not be possible.
Recommendation: Staff recommended approval of the Tenth Amendment to the Parvin Road Corridor TIF Plan.
Chair Circo opened the floor for comments. There were none.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 10-6-17).
APPROVE THE TENTH AMENDMENT OF THE PARVIN ROAD CORRIDOR TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 10-7-17).
PUBLIC HEARING – 9:15 AM
Responding to the roll call for the public hearing of the Arlington Road TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Martin Rucker, Mark McHenry, Ted Graves (Clay County), and Tim Gallagher (North Kansas City School District). Absent were: Jeffrey Williams, Jason Parson, Jerry Nolte (Clay County), Freddie Nichols (other), and Terry Ward (North Kansas City School District).
16. Arlington Road TIF Plan - Third Amendment: Consideration of approval of the proposed Third Amendment of the Arlington Road TIF Plan, and other matters related thereto.
Cathleen Flournoy stated that the purpose of the hearing was for the TIF Commission to consider recommending to the City Council of Kansas City, Missouri approval of the Third Amendment to the Arlington Road TIF Plan and the approval and the designation of Redevelopment Project Area H1 (the “Redevelopment Plan” or “Plan”).
Redevelopment Plan Area: The above-ground portion of the Redevelopment Area described by the Plan, as amended by the First Amendment and the Second Amendment to the Plan, is an area generally bounded by Claycomo city limits on the North and on the East, Parvin Road on the South, and Worlds of Fun Avenue on the West, lying above the Winterset Ledge of limestone rock in Kansas City, Clay County, Missouri, and the below-ground portion of the Redevelopment Area described by the Plan, as amended by the First Amendment and the Second Amendment to the Plan, is an area generally bounded by NE 48th Street on the North, Arlington Avenue on the East, Derrough Drive and Middlecreek Road on the South and Worlds of Fun Avenue on the West, lying below the bottom of the Winterset Ledge of limestone rock and lying above elevation 700, all in Kansas City, Clay County, Missouri.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 11 Development Program: The Arlington Road Tax Increment Financing Plan, as amended by the First Amendment and Second Amendment to the Plan (the “Redevelopment Plan”), contemplates the construction of certain road and infrastructure improvements. It is anticipated that the road and infrastructure improvements will encourage construction of above- and below-ground development.
Commissioner Parson joined via teleconference at this time.
Notices: Staff delivered notice by certified mail on August 25, 2017 to the taxing districts from which taxable property located within the Redevelopment Area and such notice contained an invitation to each such taxing district to submit comments to the TIF Commission concerning the Third Amendment to the Arlington Road TIF Plan prior to the date of this hearing.
Staff prepared and published notices in the The Kansas City Star on September 21, 2017 and October 4, 2017.
Staff prepared and delivered notices on September 29, 2017 by certified mail to the person or persons in whose names the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land located within the Redevelopment Area, which shall be subjected to payments in lieu of taxes and economic activity taxes.
General Description of the Third Amendment to the Arlington Road TIF Plan: The proposed Third Amendment provides for the addition of Redevelopment Project Area H1.
What is driving the need for an incentive? The area had been determined and designated by the City Council to be an Economic Development Area as defined by state statute. Tax Increment Financing within Redevelopment Project Area H1 would assist in generating PILOTS and EATS necessary to continue encouraging private investment in the Redevelopment Area.
What is unique about the location or the project? The Arlington Road Redevelopment Plan Area incorporated both above ground and below ground parcels. The Redevelopment allowed for the construction of infrastructure supporting both above- and below-ground development.
How does this project fit into the City’s economic development strategy? The Third Amendment provided for funding of public infrastructure improvements necessary to support private investment within the Redevelopment Area.
Why is this project good in the long term for the City? The public infrastructure improvements contemplated by the Redevelopment Plan, as amended by the proposed Third Amendment, would consist of constructing and/or improving roadways, curbing, traffic signals, storm sewers, water lines, utilities and related items necessary to adequately serve the expansion of development within the Redevelopment Area.
Why is this specific level of incentives being recommended? The Third Amendment provided for the addition of Redevelopment Project Area H1, which would generate PILOTS and EATS necessary to incent private investment.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 12 How is this incentive different than one that might have been granted 10 years ago? N/A
What is the likely consequence of not granting the incentive? The likely consequence of not granting approval of the Third Amendment to the Arlington Road TIF Plan was that the objectives outlined for the redevelopment of the area would cease.
Staff recommended approval of the Third Amendment to the Arlington Road TIF Plan.
Chair Circo opened the floor for comments. There were none.
Action taken: CLOSE THE PUBLIC HEARING. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 10-8-17).
APPROVE THE THIRD AMENDMENT OF THE ARLINGTON ROAD TIF PLAN, AND FORWARDING THE RECOMMENDATIONS TO THE CITY COUNCIL FOR APPROVAL. MOTION MADE BY MR. MCHENRY, SECONDED BY MR. GRAVES AND CARRIED UNANIMOUSLY (RES 10-9-17).
17. Consideration of acceptance of the Clay County/NKC TIFC Minutes, and other matters related thereto.
Minutes of the September 13, 2017 Clay County/NKC meeting are included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 CLAY COUNTY/NKC MINUTES AS PRESENTED. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY.
18. Consent Agenda: Consideration of the Consent Agenda for Clay County/NKC, and other matters related thereto.
The Consent Agenda items for October 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items are included:
• Cost Certifications (Exhibit 18)
Briarcliff West TIF Plan: Consideration of certification of costs totaling $2,301,737.57, and other matters related thereto.
Request from: Briarcliff Development Company Total amount requested: $2,301,737.57 Use of funds: 2016 Construction Cost and Administrative Fees Cost certifier: MHK CPAS Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 93% Compliant
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 13 Notes: Construction Cost Mulberry South, Roadways Hilltop Hotel Office and Riverfront Industrial Sites and Underground Repairs. Legal Fees and Administration Expenses, Developer Bonds and Bond Debt Service Payments for 2016.
Recommendation: REMOVE FROM THE CONSENT AGENDA.
Arlington Road TIF Plan: Consideration of certification of costs totaling $16,556.89, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $16,556.89 Use of funds: Project Expenses Cost certifier: Novak Birks Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 100% Compliant
Notes: Project Expenses includeD Engineering and Surveying Professional Services, Interest and Financing Cost and TIF Commission Expenses. Pay Application 9.
Recommendation: Approve certification of costs totaling $16,556.89.
Parvin Road TIF Plan: Consideration of certification of costs totaling $57,162.17, and other matters related thereto.
Request from: Hunt Midwest Total amount requested: $57,162.17 Use of funds: Construction of Road and infrastructure improvements. Cost certifier: Novak Birks Questioned or disallowed costs: None MBE/WBE reporting requirement: Compliant EATs reporting requirement: 88%, last reporting cycle 94% (2nd half 2016). Both developer and retailers were making a good faith efforts to obtain required EATs documents.
Notes: Project Expenses included Professional Services and Construction Period Interest associated with Project Areas 3D and Construction Period Interest and Financing Cost associated with Project Area 4. Pay Application 107.
Recommendation: Approve certification of costs totaling $57,162.17.
North Oak TIF Plan: Consideration of bond draw totaling $11,316.00, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $11,316.00 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 14 Bond Project Draw Funds Portion Portion Total North Oak TIF Plan - Administrative Fees Don Holsomback - Inv 42 1,476.00 - 1,476.00 - Trammell & Associates - Inv 4534 N. Cherry 9,840.00 - 9,840.00 11,316.00$ 11,316.00$ -$ $ 11,316.00
Notes: The draw was for $1,476.00 Administrative Fees and $9,840,000.00 subcontractor’s reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve bond draw totaling $11,316.00.
North Oak TIF Plan: Consideration of bond draw totaling $11,494.25, and other matters related thereto.
Request from: Northland Neighborhoods Total amount requested: $11,494.25 Use of funds: Administrative fees and Contractor reimbursement in connection with the Encore Housing Program.
Draw Funds Portion Portion Total North Oak TIF Plan - Administrative Fees Marty Lambertson - Inv 43 1,499.25 1,499.25 - Custom Express Renovations - Inv 2012 4,470.00 4,470.00 - Blue Pendence Contracting - Inv 00186 5,525.00 - 5,525.00 $ 11,494.25 -$ $ 11,494.25
Notes: The draw was for $1,494.25 Administrative Fees and $9,995.00 subcontractor’s reimbursement as part of the Encore Housing Program and payable from the project account of the bonds related to the North Oak TIF Plan.
Recommendation: Approve bond draw totaling $11,494.25.
Action taken: APPROVE THE CONSENT AGENDA FOR CLAY COUNTY/NKC, MISSOURI WITH THE EXCEPTION OF THE BRIARCLIFF WEST CERTIFICATION REQUEST. MOTION MADE BY MR. GRAVES, SECONDED BY MR. NASH AND CARRIED UNANIMOUSLY (RES 10- 10-17).
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 15 19. Briarcliff TIF Plan: Consideration of authorizing and directing staff and legal counsel to take all action necessary to assist and support The Industrial Development Authority of Kansas City, Missouri in the issuance of Tax Increment Revenue Bonds and approve a Cooperative Agreement related thereto.
Wesley Fields stated that upon the recommendation of the TIF Commission, the City Council of Kansas City, Missouri, on May 30, 1990, by its passage of Ordinance No. 65497, approved the Briarcliff West Tax Increment Financing Plan (the “Plan”). The Plan had been amended eleven times by the Council’s passage of a series of ordinances. Generally the Plan provided for the construction of office space, retail space, single family dwellings, condominiums, multi-family units, hotels parking structures, along with a number of public infrastructure improvements, including utilities and street improvements. Briarcliff Development Company, the designated redeveloper of the Plan (the “Redeveloper”) and Commission, on November 1, 2011, entered into the Fourth Amended and Restated Agreement, which provided for the implementation of improvements contemplated by Plan (the “Redevelopment Agreement”).
The Commission previously issued its Tax Increment Revenue Bonds (Briarcliff West Project), Series 2006A (the “Series 2006A Bonds”), in the original principal amount of $16,290,000 pursuant to a Bond Trust indenture, dated July 1, 2006, by and between the Commission and Wells Fargo Bank, N.A. as trustee (the “Series 2006A Indenture”), for the purpose of assisting the Redeveloper in providing funds to finance and reimburse certain redevelopment project costs identified by the Plan.
Additionally, the Commission previously issued its Variable Rate Demand Taxable Tax Increment Revenue Bonds (Briarcliff West Project), Series 2006B (the “Series 2006B Bonds”), in the principal amount of $20,690,000 pursuant to a Bond Trust Indenture (the “Original Indenture”) , dated July 1, 2006, by and between the Commission and Wells Fargo Bank, N.A., as trustee, for the purpose of assisting the Redeveloper in providing funds to finance and reimburse certain redevelopment project costs identified by the Plan. The Original Indenture had been subsequently amended by each of the First Supplemental Indenture and the Second Supplemental Indenture (the Second Supplemental Indenture and together with the First Supplemental Indenture and the Original Indenture were referred to collectively as the “Series 2006B Indenture.”)
On December 22, 2016, The Industrial Development Authority of Kansas City, Missouri (the “Authority”), pursuant to that certain Trust Indenture, dated December 1, 2016 (the “Series 2016 Trust Indenture”), issued its Tax Increment Revenue Bonds in the original principal amount of $15,350,00 (the “Series 2016 Bonds”) to provide funds (a) to finance, refinance and reimburse the costs of certain redevelopment project costs described by the Plan, (b) fund a debt service reserve fund and (c) pay associated costs of issuance of the Series 2016 Bonds. The Commission, the Authority and UMB Bank, N.A. as trustee under the Series 2016 Trust Indenture (the “Series 2016 Trustee”), entered into a Cooperative Agreement, which provided, inter alia, that the Commission shall pledge and transfer to the Series 2016 Trustee PILOTS and EATS generated by Redevelopment project 8 of the Plan, and additional City EATS generated by Redevelopment Project 8 and Redevelopment Project 9, the Commission received from the City, pursuant to the terms of a Second Amended and Restated Financing Agreement, dated December 27, 2016, by and between the Commission, the City and the Redeveloper (the “Series 2016 Pledged revenue”).
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 16 The Redeveloper requested that the Authority and the Commission assist the Redeveloper in providing funds to assist in refunding the Series 2006A Bonds and the Series 2006B Bonds through the issuance of the Authority’s refunding bonds and the utilization of the proceeds from the sale of such bonds which shall be secured by the PILOTS and EATS generated by Redevelopment Project Areas 9, 15, 22, 24, 30, 36 and 38 of the Plan and, upon the Commission’s receipt of notice from the Series 2016 Trustee of the payment and discharge of the Series 2016 Bonds, the Series 2016 Pledged Revenue.
The Industrial Development Authority of the City of Kansas City, Missouri (the “Authority”) intended to adopt a Resolution stating the Authority’s approval of its issuance of refunding bonds in an amount not to exceed $15,150,000 (“Series 2017A Bonds”) to provide funds to (a) refund the Series 2006A Bonds and the Series 2006B Bonds, (b) fund a debt service reserve fund and (c) pay associated costs of issuance of the Series 2017ABonds.
Staff and legal counsel hereby recommended that the Commission (1) assist and support the Authority in its issuance of the Series 2017A Bonds for the purpose of providing funds to (a) refund the Series 2006A Bonds and the Series 2006B Bonds, (b) fund a debt service reserve fund and (c) pay associated costs of issuance of the Bonds and (2) approve the form of the Cooperative Agreement, attached as Exhibit 19 to the Commission’s Board Packet, which shall obligate the Commission (y) to pledge and transfer to UMB Bank, as trustee, certain PILOTS and EATS generated by Redevelopment Project Areas 9, 15, 22, 24, 30, 36 and 38 of the Plan and, upon the Commission’s receipt of notice from the Series 2016 Trustee of the payment and discharge of the Series 2016 Bonds, the Series 2016 Pledged Revenue and (z) to execute and deliver such other certificates and instruments related to the Authority’s issuance of the Series 2017A Bonds, which were approved by the Chair, Executive Director and legal counsel.
Steve Sparks noted that the Series 2006A & B totaling $21 million currently outstanding which will be replaced and refund with the $15 million of the new bonds and the developer would have a conventional bank loan to finance the difference thereby reducing TIF debt by approximately $6 million.
Legal counsel answered questions of the Commissioners.
Action taken: APPROVE RESOLUTION TO ASSIST AND SUPPORT THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF KANSAS CITY, MISSOURI IN THE ISSUANCE OF REFUNDING AND REVENUE BONDS (BRIARCLIFF WEST REDEVELOPMENT PROJECT) SERIES 2017A BONDS AND APPROVE, EXECUTE AND DELIVER A COOPERATIVE AGREEMENT AMONG THE COMMISSION, THE INDUSTRIAL DEVELOPMENT AUTHORITY OF KANSAS CITY, MISSOURI AND UMB BANK, N.A. AND SUCH OTHER RELATED CERTIFICATES AND INSTRUMENTS, SUBJECT TO MODIFICATIONS ACCEPTED BY THE CHAIR, EXECUTIVE DIRECTOR AND LEGAL COUNSEL. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 10-11-17).
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 17 JACKSON COUNTY/KCMO AGENDA ITEMS
PUBLIC HEARING – 9:30 AM
Responding to the roll call for the public hearing of the Civic Mall TIF Plan, thus constituting a quorum, were the following Board members: Cindy Circo, Estella Morales, Troy Nash, Jason Parson via teleconference, Martin Rucker, Bruce Eddy, Shannon Jaax via teleconference and Kevin Masters via teleconference. Absent were: Jeffrey Williams, Calvin Williford (Jackson County), Scott Jacoby (Jackson County), Johnny Sweeney (Jackson County), and Debbie Siragusa (Jackson County other).
20. Civic Mall TIF Plan- Termination: Consideration of approval of the Termination of the Civic Mall TIF Plan, and other matters related thereto.
Introduction: The purpose of the hearing was to consider recommending to the City Council of Kansas City, Missouri (1) the termination of the designation of Redevelopment Project Area 13, (2) the declaration as surplus of all Payments in Lieu of Taxes and Economic Activity Taxes on deposit in the Special Allocation Fund (if any), (3) the dissolution of the Special Allocation Fund and (4) the termination of the Plan and the Redevelopment Area described by the Plan. The Redevelopment Area is an irregular area generally bound by Interstate 35/70 on the north, Interstate 70 (also known as the Midtown Freeway) on the east, 13th Streets on the south and McGee Street on the west in Kansas City, Jackson County, Missouri. Redevelopment Project Area 13 is generally bound by E. 6th Street on the north, Oak Street on the east, Admiral Boulevard on the south, and Page Street on the west in Kansas City, Jackson County, Missouri.
Bob Long stated that due to a procedural error, Public Notices had not been published; therefore, proper notice had not been provided.
Staff recommended continuing the public hearing to 10:30 a.m., Wednesday, November 8, 2017.
Chair Circo opened the floor for comments.
Action taken: CONTINUE THE PUBLIC HEARING TO 10:30 AM NOVEMBER 8, 2017. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY (RES 10-12-17).
21. Consideration of acceptance of the Jackson County/KCMO TIFC Minutes, and other matters related thereto.
Minutes for the Jackson County/KCMO Commission of the September 13, 2017 meeting were included for the Commission’s review prior to the meeting.
Action taken: ACCEPT THE SEPTEMBER 13, 2017 JACKSON COUNTY/KCMO MINUTES AS PRESENTED. MOTION MADE BY MR. MCHENRY, SECONDED BY MS. MORALES AND CARRIED UNANIMOUSLY.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 18 22. Consent Agenda: Consideration of the Consent Agenda for Jackson County/KCMO, and other matters related thereto.
The Consent Agenda items for October 2017 were included in the Commission’s Board Packet for review prior to the meeting. The following items were included:
• Cost Certifications
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $5,862.50, and other matters related thereto.
Request from: DST Realty, Inc. on behalf of Broadway Square Partners Total amount requested: $5,862.50 Use of funds: Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant. Last reporting cycle was 100% (2nd half 2016).
Notes: Grant 25-5 of the 11th Street Corridor Neighborhood Improvement Fund at 1055 Broadway. Work to performed, replaced 5 Stainless Steel Retractable Bollard Garage Doors with Inground Receivers.
Recommendation: Approve certification of costs totaling $5,862.50
11th Street Corridor TIF Plan: Consideration of certification of costs totaling $64,994.00, and other matters related thereto.
Request from: RAU Construction Total amount requested: $64,994.00 Use of funds: Façade and Streetscape Improvements Cost certifier: MHK CPAs Questioned or disallowed costs: None MBE/WBE reporting requirement: Not subject to reporting requirements. EATs reporting requirement: 100% Compliant. Last reporting cycle was 100% (2nd half 2016).
Notes: 911-915 Broadway, 22nd Round of the 11th Street Corridor Neighborhood Improvement Fund (Grant 22-16). Requesting remaining amount of Grant Funds $150,000.00 less amount previously approved $85,006.00 in July 2017. Work performed South and West Renovations.
Recommendation: Approve certification of costs totaling $64,994.00
Action taken: APPROVE THE CONSENT AGENDA FOR JACKSON COUNTY/KCMO. MOTION MADE BY MS. MORALES, SECONDED BY MR. MCHENRY AND CARRIED UNANIMOUSLY (RES 10-13-17).
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 19
23. 43rd & Main TIF Plan: Consideration of approval of a Funding Agreement between the Commission and the Exact Partners, LLC in connection with the disposition of the certain property located at 3821 Main Street, and other matters related thereto.
Wesley Fields stated that on March 24, 1994, the City Council, by Ordinance No. 940227, approved the 43rd & Main Tax Increment Financing Plan and designated the area described therein as a Redevelopment Area. The 43rd & Main Tax Increment Financing Plan was amended eight times, pursuant to a series of Ordinances passed by the City Council (the 43rd & Main tax Increment Financing Plan, as amended shall be referred to as the “Plan”).
On September 2, 2008, Distinct Properties HA, LLC (“Distinct Properties”) and the Commission entered into an Assignment of Contract to Purchase Real Estate (the “Assignment Agreement”) with respect to a Contract to Purchase Real Estate (the “Contract”) between Jenla Real Estate Management Services, L.L.C., a Kansas limited liability company (“Jenla”) and the Distinct Properties HA, LLC, for the real property located at 3821 Main Street, Kansas City, Missouri (the “Property”). The Assignment Agreement, which had been amended three (3) times provided, in part, that Jenla, subject to the satisfaction of certain conditions, shall transfer and convey the Property to the TIF Commission and the TIF Commission, in consideration of such conveyance, shall pay Jenla $1.4 million. The Assignment Agreement further provided that District Properties shall have the right to acquire fee title to the Property from the TIF Commission at a purchase price of $1.4 million or enter into a Ground Lease to which lease payments over the term of the TIF Plan would equal $1.4 million; provided that (a) on or before December 31, 2008, the TIF Commission approved a plan for finance and a construction schedule submitted by Distinct Properties to implement Projects 8A and 8B of the TIF Plan (the Hawthorn Building and 3821 Parking Lot, respectively); and (b) on or before June 30, 2009, the Developer had obtained the financing set forth in the plan of finance approved by the TIF Commission.
The Developer was unable to satisfy the conditions set forth in the Assignment Agreement and the conditional option to enter into a Ground Lease and thereafter acquire the Property lapsed in 2009.
Commissioner Tyndall replaced Commissioner Nash who departed at this time.
On October 29, 2009, the City Council, by Ordinance, terminated the Plan upon the payment of certain Redevelopment project Costs identified by the Plan, including costs described by the Eighth Amendment to Plan, including funding (i) the S.M.A.R.T. Housing Program in the amount of $585,000.00, (ii) administration costs (iii) streetscape improvements in the amount of $587,402.00; (iv) sidewalk improvements in the in the amount of $255,074.00, (v) the demolition of the former Naughty But Nice building and (vi) the survey of Main Street in the amount of $125,000.00, with both the demolition and survey to take place within 6 months of the passage of the Ordinance approving the Eighth Amendment.
Upon the demolition of the Naughty But Nice Book Store, as permitted by the Eighth Amendment to the Plan, the Commission entered into a Service Agreement with International Architects Atelier, Inc., to provide for the construction and paving of a surface parking lot.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 20
On December 29, 2009, the Commission entered into a Parking License Agreement with Loki Asset Group, LLC and Madrid Events, LLC, which provided (i) that the Commission shall grant Madrid a non-exclusive parking license as to 31 of the 38 parking spaces located on the 3821 Main Parking Lot during the hours of operation of the Madrid Theater and (ii) that Madrid shall pay the Commission $500 for such license and Madrid, at its own cost and expense, shall maintain and secure the parking lot.
Exact Partners, LLC were now negotiating an acquisition of the District Properties, LLC for the purpose of developing the Hawthorn Building, the Monarch Building adjacent thereto, along with the 3821 parking lot (the “New Modified Redevelopment Project”).
Exact Partners, LLC desired to enter into a Funding Agreement with the Commission, whereby Exact Partners would pay all costs incurred by the Commission to consider amending and restating the existing Parking License Agreement with Madrid or entering into a Lease Agreement with Exact Partners, such that Exact Partners, subject to the satisfaction of certain conditions, shall have (i) the exclusive right to use all parking spaces located on the 3821 Parking Lot for $500 per month and (ii) an option to acquire the 3821 Parking Lot at an agreed upon fair market value..
To the extent the Commission desired to consider the request of the Exact Partners, LLC, staff and counsel recommended that the Commission approve and execute the attached Funding Agreement, which would provide that Exact Properties to pay all the Commission’s costs and expenses in connection with the considering the request of the Exact to enter in a Lease, with an option to purchase the 3821 Main Street Parking Lot. The Funding Agreement, attached as Exhibit 23, contained the Commission’s most recent policies and procedures.
Commissioner Masters questioned the urgency and lack of public bidding for the site.
Heather Brown stated that the Hawthorne and Monarch were projects originally included in the 43rd & Main TIF Plan and the Commission’s direction in 2014 to staff and legal counsel had always been to get those projects redeveloped and to negotiate the sale of the parking lot in order for the Hawthorne to be rehabilitated. The original owner had never made progress with a plan for financing or construction schedule. The current proposed developer had obtained the necessary City approvals and support, therefore, staff limited transfer of the parking lot in connection with the saving of the historic Hawthorne.
Discussion ensued.
Mr. Fields summarized the actions currently necessary were approval of the funding agreement in order to pay for costs to complete a negotiation, establish the terms relative to transferring the property and providing a declaration of intent to satisfy the lender regarding site control by the end of October. An actual agreement embodying those terms including purchase price or lease amount would be brought to the November 8th Board Meeting.
Chair Circo stated that the developer had expressed no intent of requesting tax increment financing in the rehabilitation of the building.
{File: EDCKC/60/ADM/ADMST/99/00199023.DOC /} 21