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Brownfield_Grayfield Redevelopment Tax_B&C CathederalTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Brownfield/Grayfield Redevelopment Tax Credit Application for B&C Cathedral Development, LLC DATE: September 29, 2009 Economic Development Director Dave Heiar recommends City Council approval of a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of B&C Cathedral Development, LLC for redevelopment of the former St. Raphael's School on Bluff Street. There is no commitment within this application for any further City assistance. I concur with the recommendation and respectfully request Mayor and City Council approval. ~ ~~ ... Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director TO: Michael Van Milligan, City Manager ~~ FROM: David J. Heiar, Economic Development Director ~~ ~ ~; SUBJECT: Brownfield/Grayfield Redevelopment Tax Credit Application for B&C Cathedral Development, LLC DATE: September 24, 2009 INTRODUCTION This memorandum presents for City Council approval aBrownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development (IDED), on behalf of B&C Cathedral Development, LLC. The City Council is requested to adopt a resolution approving the application. BACKGROUND Recently, the State of Iowa established a new tax credit that is available for redevelopment of brownfields and/or grayfields. If the project is redeveloped in a "green" fashion, extra tax credits are available. The percentage of the tax credit can range from 12% to 30% as follows: Twelve percent (12%) of the taxpayer's qualifying investment in a Grayfield site. Fifteen percent (15%) if the Grayfield project meets the requirements of green development. Twenty four percent (24%) of the taxpayer's qualifying investment in a Brownfield site. Thirty percent (30%) if the Brownfield project meets the requirements of green development. B&C Cathedral Development, LLC, the former St. Raphael's School on Bluff Street is a Grayfield site. A developer can qualify for up to $100,000 of tax credits per building. DISCUSSION Attached to this memorandum is a resolution that provides for the approval of the application for a Brownfield/Grayfield Redevelopment Tax Credit Application on behalf of B&C Cathedral Development, LLC. The resolution authorizes the City to sponsor the application. B&C Cathedral Development, LLC has estimated a capital investment of $4,012,500 within the Enterprise Zone. A copy of the application is attached to the resolution. RECOMMENDATION I recommend that the City Council approve the proposed application for B&C Cathedral Development, LLC by adopting the attached resolution. This application will provide State of Iowa financial benefits to a local housing developer making a substantial investment in our downtown. There is no commitment within this application of any further City assistance. The action step for the Council is to adopt the attached resolution. Attachments F:\USERS\DHeiar\40 Main\Enterprise Zone\20090817 40 Main Brownfield-Grayfield Council Memo.doc Prepared by: David Heiar, Economic Dev Director, 50 West 13t" Street, Dubuque IA 52001 563 589-4393 Return to: Jeanne Schneider, City Clerk, 50 West 13'" Street, Dubuque IA 52001 563 589-4121 RESOLUTION NO. 380-09 RESOLUTION APPROVING A BROWNFIELD/GRAYFIELD REDEVELOPMENT TAX CREDIT APPLICAITON TO THE IOWA DEPARTMENT OF ECONMIC DEVELOPMENT, ON BEHALF OF B&C cATHEDRAL DEVELOPMENT, LLC Whereas, the State of Iowa has established aBrownfield/Grayfield Tax Credit Program to assist in the redevelopment of Iowa brownfields and grayfields; and Whereas, the former St. Raphael School building is considered a grayfield site; and Whereas, the Lofts at Cathedral Square project will provide much needed residential development to the downtown area; and Whereas, the City Council finds that the proposed application is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to sponsor the Brownfield/Grayfield Redevelopment Tax Credit Application on behalf of B&C Cathedral Development, LLC. Section 2. That the Mayor is hereby authorized and directed to execute this Resolution on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development. Passed, approved and adopted this 5t" day of October, 2009. ~` ~~ ,~ ~ oy D. Buol, Mayor Att t: .~ Jeanne F. Schneider, City Clerk F:\USERS\Econ Dev\Lofts at Cathedral Square\20091005 Resolution Brownfield-Grayfield Lofts Cath Sq.docx -; :,~4~~. t ~ f; FY2010 Michael Tramontina, Director Iowa Department of Economic Development ~~~wnfi ?;~d/~rayfi~ld C<:f~?~v~~opment Tax Credit ,~plication u ins v I®nn nt iviin Iw rtm nt ®f c®n®mic v l®pm nt Completed forms with attachments should be sent to: E-mail: brownfields@iowalifechanging.com Mail: Iowa Department of Economic Development ATTN: Matt Rasmussen 200 East Grand Avenue Des Moines, Iowa 50309 Fax: 515.725.3010 Questions? Need assistance? Contact Matt Rasmussen, Program Manager at 515.725.3126. PART 1:APPLICANT/SPONSORShlIP10WNERSHIP INFORMATION Applicant: B&C Cathedral Development, LLC Street Address: 600 Star Brewery Drive City: Dubuque State: IA Contact Person: Chad Walsh Telephone Number: 563,583.2169 Email Address: cwalsh@epicgc.com Signature: ~ -~ .> Zip Code: 52001 Fax Number: 563.583.2412 Applicant Sponsor: City of Dubuque, IA Street Address: 50 W. 13th Street City: Dubuque State: IA Zip Code: 52001 Contact Person: Mayor Roy Buol Telephone Number: 563.589.4105 Fax Number: 563.589.4149 Email Address: rdbuol@cityofdubuque.org Signature: Property Owner (if different than applicant): Same as applicant Street Address: City: State: Zip Code: Contact Person: Telephone Number: Fax Number: Email Address: Signatu Applicant is (Please check one): ^ An individual ^ Partnership ® Limited Liability Company ^ S Corporation ^ Estate ^ Trust electing to have income taxed directly to the individual ^ Other (Specify): ATTNTI®N: For the purpose of this application for BrownfieldlGrayfield tax credits, an investment shall be deemed to have been made on the date the qualifying redevelopment project is completed. An investment made after June 30, 2010, shall not qualify for this tax credit. 2 PART 2: TYPE OF APPLICATION (Please check one) ^ Site Owner with Sponsorship of City or County ® Non-Site Owner with Title Transfer Agreement and Sponsorship of City or County Note: Attach copy ofcity/county resolution for application and/or sponsorship. If the application is from anon-site owner, please attach the title transfer agreement. PART 3: ELIGIBILITY Iowa Administrative Code (261) Chapter 65.2 defines a Brownfield and a Grayfield site. A Brownfield site is an abandoned, idled, or underutilized industrial or commercial facility where expansion or redevelopment is complicated by real or perceived environmental contamination. A brownfield site includes property contiguous with the property on which the individual or commercial facility is located. A brownfield site shall not include property which has been placed, or is proposed for placement, on the national priorities list established pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq. A Grayfield site is an industrial or commercial property meeting both (A and B) of the following requirements: A. Infrastructure on the property is outdated or prevents an efficient use of the property, including vacant, blighted, obsolete, or otherwise underutilized property. B. Property improvements and infrastructure are at least 25 years old and one or more of the following conditions exist: ® Thirty percent or more of a building located on the property is available for occupancy and has been vacated or unoccupied for at least 12 months; ® Assessed value of improvements on the property has decreased by 25 percent or more; ® The property is used as a parking lot; ® Improvements on the property no longer exist. 3.1 Is the project a brownfield or grayfield site as defined under Iowa Administrative Code (261) Chapter 65.2? ® Yes ^ No 3.2 Is the proposed site abandoned? ^Yes ®No 3.3 Is the proposed site underutilized? ®Yes ^ No 3.4 Are site improvements and/or infrastructure at least twenty-five years old? ®Yes ^ No 3.5 Regarding subject project site (Please check all that apply): ® Thirty percent or more of a building located on the property is available for occupancy and has been vacated or unoccupied for at least 12 months. ® Assessed value of improvements on the property has decreased by 25 percent or more. ^ The property is used as a parking lot. ^ Past improvements on the property no longer exist. 3.6 Is there evidence of contamination on the proposed site? ^Yes ®No 3 3.7 Is the site proposed to be included on the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) program list? ^ Yes ®No 3.8 Does the site have contaminants that can be addressed under the state's Leaking Underground Storage Tank (LUST) program? ^ Yes ®No 3.9 Does the site have other non-LUST contaminants that may be involved within the scope of the project? ^ Yes ®No PART 4: TYPE AND AMOUNT OF TAX CREDIT REQUESTED ® Grayfield (as defined under Iowa Administrative Code (261) Chapter 65.2) ^ Brownfield (as defined under Iowa Administrative Code (261) Chapter 65.2) Iowa Administrative Code (261) Chapter 65.2 defines a Green Development as one which meets or exceeds the sustainable design standards as established by the state building code commissioner pursuant to Iowa Code section 103A.8B. 4.1 Is the project working toward designation as a Green Development? ^ Yes No (If Yes, approval from Iowa State Building Code Commissioner will be required prior to issuance of tax credit. If not approved by Building Code Commissioner, tax credit shall only be issued as regular Brownfield or Grayfield project.) 4.2 Total Project Cost (includes purchase price, cleanup cost, and redevelopment cost directly related to a qualifying redevelopment project): $ 4 012 500 4.3 Tax Credit Percentage (as defined under Iowa Administrative Code (261) Chapter 65.2): ® Twelve percent (12%) of the taxpayer's qualifying investment in a Grayfield site. ^ Fifteen percent (15%) if the Grayfield project meets the requirements of green development. ^ Twenty four percent (24%) of the taxpayer's qualifying investment in a Brownfield site. ^ Thirty percent (30%) if the Brownfield project meets the requirements of green development. 4.4 Amount of Tax Credit Requested (Total Project Cost times Tax Credit Percentage): $ _100,000 (This is the MAXIMUM amount of potential tax credit, (reserved amount). In the event the actual project costs are less than indicated, or green development is not approved, actual tax credit amount on certificate will be recalculated.) ***NO TAX CREDIT SHALL BE ISSUED FOR AN AMOUNT GREATER THAN $100,000*** 4.5 Has the Applicant applied for or received funds from any other federal, state, county or city governmental entities? List sources and provided funding status. Federal Historic Tax Credits State Historic Tax Credits Housing Enterprise Zone Benefits Incentive Rebate ®IA Sales Tax Rebates on Construction Costs 4 PART 5: PR®JECT COSTS SECTI®N 5.1 Use of Funds Financing by Source (Use sources as identified in part 5.2) l;~~iil.~Al~r ~~~a1~4 _: lelo}~t~~,'~ _;``i!~~~A~~i=~ ~~'h~d~~~z ~~~~~~fA~~~-~~~ i~~°~~~I~~-~~ ~"T,a~i~~~~r -.~ Site Investigation Site Remediation Monitoring Site Acquisition 465,000 x x Rehabilitation 3,527,500 x x x x x Utilities Other Infrastructure A/E Fees 120,000 x Other Other Subtotal 4,012,500 New Construction Machinery & E ui Other Subtotal Total: 4,012,500 5.2 Terms of Proposed Financing (Attach documentation verifying all sources of funds) Source A: Qualifying Applicant 50,000 Equity nla nla Source B: Construction Loan 1,981,799 15t Mortgage 6.00% 5 years Source C: Enterprise Zone Tax Credit 250,000 Equity nla nla Source D: Federal Historic Tax Credit 793,346 Equity nla nla Source E: State Historic Tax Credit 899,855 Equity nla n/a Source F: Incentive Sales Tax Rebate 37,500 Equity nla nla Total 4,012,500 5 PART 6: PR®JECT DESCRIPTI®N 6.1 Provide Street address and Legal Description of the property: 205 Bluff Street, Dubuque, IA 52001 Apartment 2 and Apartment 3 of the Cathedral Square Association as established in the declaration of establishment of a horizontal property regime, of Lot 2 and Lot 3 of Lot 1 of "Cathedral Center" in the City of Dubuque, Dubuque County, IA 6.2 Provide site description* (size, location, current and past activity on site, etc.) *Please attach map and pictures of the site and surrounding area. Currently: 2-Story,16,125 SF building Former St. Raphael's School 6.3 List the potential known or suspected contamination present on the project site: None ^ Soil ^ Groundwater ^ Surface Water ^ Air ^ Other: 6.4 Does contamination exist throughout the site or in specific areas on the site? No 6.5 Does Contamination extend beyond the property boundaries? No 6.6 To what degree have the site contaminates and remediation activities been identified by the applicant? (Check all that apply and provide a brief description) Have any of the following been conducted: ® Phase I Environmental Assessment (describe)_asbestos and lead based paint ^ Phase II Environmental Assessment (describe) ^ LUST Investigation Assessment Tier I/and or II (attach copy) ^ Risk Based Corrective Action Plan (attach copy) ^ Other: 6.7 Project Implementation: Fu11y describe the project including acquisition, environmental remediation activities, brownfieldigrayfield redevelopment and a project implementation schedule. (exhibits may be included but not substituted for this narrative which is limited to two pages) The Lofts at Cathedral Square will be located in the former St. Raphael's School House. It neighbors St. Raphael's Cathedral on the second block of Bluff Street in downtown Dubuque. The property is within walking distance of downtown business and entertainment and also has 50 off-street parking stalls. 6 The current structure is in great shape with very minor exterior brick restoration required. All windows will be replaced with insulated wood framed windows. The interior non-structural walls will be demolished to allow for the new construction. The current attic space will be converted to the 3~d of 3 levels of loft style apartments. The development will consist of 25 loft style apartments ranging in size from 820 SF to 1,145 SF. There are 3 types of apartment arrangements. Type 1 ®1 bedroom with 1 bath. Type 2 ®1 bedroom with 1.5 baths. Type 3 ®2 bedrooms with 1.75 baths. We believe this is a great adaptive reuse of a vacant property, which will produce 3 floors of high quality loft apartment living totaling 23,516 SF. 6.8 Project Implementation Schedule: Identify significant project milestone dates. (Start date, midpoint progress check, and project completion date, etc.) Start Date: 10.19.09 Completion Date: 7-1-2010 PART 7: ESTIMATED COMMUNITY IMPROVEMENT IMPACTS 7.1. Current assessed value of the brownfield/grayfield site: $465,000 7.2. Estimated assessed value of the brownfield/grayfield site after project completion: $2,800,000 7.3. As applicable, describe the private investment on the site as a result of the remediation: No remediation required. 7.4. As Applicable, describe any anticipated ancillary (offsite) private and/or public investment that will occur as a result of remediation of the site: No remediation required. 7.5. Describe the potential for the project to promote viable community reuse and/or economic development in the area of the site: (use a five year timeframe) The City of Dubuque is in great need of downtown housing and this adaptive reuse of a historic building fits in with what the downtown requires. Residents of this facility will be able to live, work and play without having to get in their car to go. 7.6. Is the project located in an economic development enterprise zone? ®Yes ^ No 7