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HomeMy WebLinkAbout4.02 Traffic Impact FeeSTAFF REPORT CITY CLERK DUBLIN CITY COUNCIL File # DATE: June 21, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Time Extension for the Traffic Impact Fee Deferral Program Prepared By: Linda Maurer, Economic Development Director EXECUTIVE SUMMARY: 0 _1;1 10 On September 1, 2009, the City Council adopted Resolution 127-09, approved a Traffic Impact Fee Deferral Program as one of several economic incentives to encourage development in the City. The program is set to expire on June 30, 2011. Staff is recommending that the program time period be extended through Fiscal Years 2011-2012 and 2012-2013 and that the TIF Fee Payment date be changed to June 30, 2015 (two years following the completion of the Program). FINANCIAL IMPACT: Based on current development projections and assuming full participation in the TIF Deferral Program, the potential fiscal impact would be approximately $14,000 of deferred payment to the City's Traffic Impact Fee Program. RECOMMENDATION: It is recommended that the City Council Adopt a Resolution Extending the Time Period for the Traffic Impact Fee Deferral Program and Amending the Traffic Impact Fee Payment Date. Submitted by: Economic Development Director GalcZo Reviewed by: Administrative Services Director Page 1 of 2 Reviewed y: Assistant City Manager ITEM NO. 4/2-v� DESCRIPTION: On September 1, 2009, the City Council adopted Resolution 127-09, approved a Traffic Impact Fee Deferral Program as orie of several economic incentives to encourage development in the City. To summarize, the TIF Deferral Program allows non-residential developers to defer powntown and Eastern Dublin Traffic Impact Fees from building permit issuance to the issuance of the first permanent utility meter for the project (This step is just prior to taking occupancy of the building). The deferral in payment of the fees enables, in most cases, the project developer to shift the financing of the fees from the construction loan into the fixed financing for the project. Staff proposed, and the City Council approved, the program for Fiscal Years 2009-2010 and 2010-2011. Earlier this year, Staff discussed the status of the Fee Deferral Program with the Economic Development Ad-Hoc Committee, comprised of Mayor Tim Sbranti and Councilmember pon Biddle. Staff sought their policy guidance on whether to extend the program for an additional two fiscal years, given the slow economic recovery. The Committee provided Staff direction to bring an extension of the time period to the City Council for consideration. Staff is recommending that the City Council adopt a resolution extending the existing program for Fiscal Years 2011-12 and 2012-2013 and amending the final Traffic Impact Fee payment date from June 30, 2013 to June 30, 2015. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS:. 1657510.1 1. Resolution 127-09 - Approving the Traffic Impact Fee Program 2. Resolution Extending the Time Period for the Traffic Impact Fee Deferral Program and Amend the Traffic Impact Fee Payment Date Page 2 of 2 ~a ~ ~ RESOLUTION NO. 127- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~~r****~ APPROVING THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM WHEREAS, one of the City Council's Fiscal Year 2009-2010 High Priority Goals and Objectives is to develop an Economic Incentive Program; and WHEREAS, in January 2009, the City Council adopted the Sales Tax Reimbursement Program as the first of possibly many programs that the City would create to stimulate economic development activities in the City; and WHEREAS, after careful review of additional incentive options, Staff recommends the establishment of the Traffic Impact Fee (TIF) Deferral Program for non-residential projects, attached as Exhibit A to this Resolution; and WHEREAS, the creation of the TIF Deferral Program will potentially impact the collection of approximately $213,000 in traffic impact fees over the next two fiscal years; and ~ WHEREAS, the TIF Deferral Program does not adversely impact work associated with current Capital Improvement Projects (CIP), as the active CIP projects involve the repayment of loans associated with improvements already completed; and WHEREAS, to the extent funds are collected on a deferred basis, timeframe for repayment of loans will also be extended, resulting in increased interest costs to the TIF program; and WHEREAS, notwithstanding the provisions of Resolutions 210-04, 211-04, 111-04 and 20-07, adopting the Downtown TIF and Eastern Dublin TIF' and the associated Administrative Guidelines, traffic impact fees far non-residential projects may be deferred from payment at building permit to the issuance of the first permanent utility meter for the development; and WHEREAS, payment of the deferred TIF will be the amount in effect at the time of payment. . NOW, TgIEREFORE, BE IT RESOLVED that the.City Council of the City of Dublin does hereby approve the Traffic Impact Fee Deferral Program for the Fiscal Years of 2009/2010 and 2010/2011. - ~ Page 1 of 2 ~~ a ~~~~- ~ ~ ATTACHMENT 1 ~~ ~ ~ PAS5EI), APPROVED AND ADOPTEI) this lst day of September, 2009 by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABS'TAIN: None U ~ ~~ Mayor. ATTEST: , ~ ~' City Clerk Reso No. 127-U9, Adopted 9-1-09, Item 8.2 ~ P1ge 2 Of 2 a ~ DOWNTOWN AND EASTERN DUBLIN TRAFFIC IMPRO~EMElVT FEE (TI~ DEFERRAL PROGRAM[ Overview: o Program to run for two fiscal year periods - 2009/2010 and 2010/2011. o Program for non-residential project only. o A fee. deferral agreement will be required. Agreement will be recorded against the property and payment will be secured through one or more of the following options: o Assigned bank deposit/account o Irrevocable Ietter of credit - letter shall remain valid throughout the~ duration of the construction project and can only be released upon City approval when the fees are paid. o Surety bond o Reservation of funds in escrow account of the senior lender, solely for the benefit of the City to assure payment. o Property Lien/Deed of trust (no subordination allowed; no existing liens ~ on the property) ~ o An application with a$5,000 not-to-exceed deposit will be required to participate in the program. This amount will cover staff and legal time, as well as fixed ~ costs. o City staff would be able to defer traffic impact fees from bvilding permit issuance to, in most instances, prior to the first request for occupancy (see detail next). Payment of the fee will be subject to the rate established at the time the fee is paid. ~ o Tngger for payment is the issuance of a utility meter for the project. No meter will be issued until full payment is received on all outstanding items including all outstanding processing costs (Finance Control Number - FCI~. o All program participants, regardless of building permit issuance date, must pay the TIF by June 30, 2013 (two years after the program's^conclusion) if not paid for earlier prior to occupancy. . o Staff will report back to City Council at the end of the first year to determine the program's effectiveness. _ EXHIBIT A. TO ATTACHIVIENT 1 1 of 2 5 Benefits• o Time/value of money - Allows a development proj ect to cany the TIE' costs over several months, enabling them to package the fees into their fixed financing - as opposed to at the time of the construction loan. Fiscal Impact: ~ o Based on current projections and assuming ful] participat'ion in the program, there is potential for a defenal of approximately $213,000 in TIF. o No significant impact on current CIP projects. The active CIP projects involve the repaynnent of loans associated with improvements already completed. To the extent that funds are collected on a deferred basis, it will extend the timeframe for repayment and increase interest costs to the TIF program. 2 of 2 ~~ S' RESOLUTION. NO. .XX- 11 A RESOLUTION OF THE CITY COUNCIL ' O~' THE CITY OF DUBLIN X ~ X iti ]~C ~C . ~ ~C iF . ~ . . EXTENDING THE TIME PERIOD FOR THE TRAFFIC IMPACT FEE DEFERRAL PROGRAM AND AMENDING THE TRAFFIC IMPACT FEE PAYMENT DATE WHEREAS, one of the City Council's Fiscal Year 2009/2010 High Priority Goals and Objectives was to develop an Economic Incentive Program; and WHEREAS, in September 2009, the City Council adopted Resolution 127-09 approving the Downtown and Eastern Dublin Traffic Impact Fee Deferral Program for non-residential projects ("the Program"); and WHEREAS, the Program allows non allows non-residential developers to defer powntown and Eastern Dublin Traffic Impact Fees from building permit issuance to the issuance of the first permanent utility meter for the project; and WHEREAS, the Program, as adopted by Resolution 127-09, was to run for Fiscal Years 2009/2010 and 2010/2011; and WHEREAS, because of the slow economic recovery, the City Council's Ad-Hoc Economic Development Committee requested that the City Council consider extending the Program far Fiscal Years 2011/2012 and 2012/2013 and amending the Traffic Impact Fee Payment Date from June 30, 2013 to June 30, 2015, two years following the completion of the extended Program. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby amend the Program as follows: 1. The program shall run through the end of Fiscal Year 2012/2013 2. All Traffic Impact Fees deferred pursuant to the Program shall be paid no later than June 30, 2015 if said fees have not already been paid upon issuance of the first permanent utility meter for a project. PASSED, APPROVED AND ADOPTED this 21St day of June, 2011 by the following vote: AYES: NOES: ABSENT: AB~TAIN: Mayor ATTEST: ATTACHMENT 2