HomeMy WebLinkAbout10425RESOLUTION NO. 10425
A RESOLUTION APPROVING THE TRANSFER AND EXPENDITURE OF $220,280.00 FROM
THE 1992 -2006 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR THE
PURPOSE OF REIMBURSING PUEBLO DEVELOPMENT FOUNDATION FOR EXPENSES
INCURRED WITH RESPECT TO APPROVED JOB CREATING CAPITAL IMPROVEMENT
PROJECTS
WHEREAS, the City Council by Resolution No. 9621 approved an Agreement dated June
10, 2002 between the City and StoneCraft Industries, LLC whereby $200,000 of sales and use tax
capital improvement project funds ( "Funds ") were authorized to be expended for the expansion of
the building located on Lot 58, Pueblo Memorial Airport Industrial Park. The expansion of the
building has been completed by Pueblo Development Foundation but the Funds were not paid or
expended for such expansion because the June 10, 2002 Agreement provided that if Closing did
not occur on or before August 31, 2002, the Agreement would terminate, and
WHEREAS, Eldorado Stone, LLC, the successor in interest to StoneCraft Industries, LLC
and the City have modified the June 10, 2002 Agreement to delete the provision requiring such
termination, and
WHEREAS, the $200,000 City Funds should be expended for the building expansion and
paid to Pueblo Development Foundation, and
WHEREAS, Pueblo Development Foundation has incurred expenses in the amount of
$20,279.76 relating to other job creating capital improvement projects which should be paid out of
the sales and use tax capital improvement projects fund. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1
Funds in the amount of $220,280.00 are hereby authorized to be transferred, expended
and made available to Pueblo Development Foundation out of the 1992 -2006 Sales and Use Tax
Capital Improvement Projects Fund in reimbursement of expenses incurred by Pueblo
Development Foundation with respect to the expansion of the building located on Lot 58, Pueblo
Memorial Airport Industrial Park Subdivision as originally approved by Resolution No. 9621 and
expenses incurred by Pueblo Development Foundation for other job creating capital improvement
projects.
SECTION 2
This Resolution shall become effective upon final approval and passage.
INTRODUCED June 27, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY C IL
ATTESTED BY:
CITY CLERK
D ED O
Background Paper for Proposed
RESOLUTION
&p, # / 0L12L J
AGENDA ITEM #
DATE: June 27, 2005
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING THE TRANSFER AND EXPENDITURE OF
$220,280.00 FROM THE 1992 -2006 SALES AND USE TAX CAPITAL
IMPROVEMENT PROJECTS FUND FOR THE PURPOSE OF REIMBURSING
PUEBLO DEVELOPMENT FOUNDATION FOR EXPENSES INCURRED WITH
RESPECT TO APPROVED JOB CREATING CAPITAL IMPROVEMENT
PROJECTS
ISSUE
Should the City Council approve the Resolution and authorize repayment of
$220,280 from the half -cent sales and use tax capital improvement project fund?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
Resolution No. 9621 approved an agreement and authorized the expenditure of
$200,000 out of the sales and use tax capital improvement projects fund for the
expansion of the StoneCraft Industries ( "Company ") building. The expansion was
completed by Pueblo Development Foundation ( "PDF ") but because of language
in the agreement approved by Resolution 9621, the $200,000 was not paid to PDF.
City and Company on May 23, 2005 amended the agreement and the $200,000
should be paid to PDF. In addition, PDF has expended $20,280 on approved job
creating capital improvement projects as shown on the attached letter from PDF to
the City dated January 10, 2005. PDF is requesting reimbursement of the $20,280
so spent.
FINANCIAL IMPACT
See Background.
PUEBLO DEVELOPMENT FOUNDATION
P. O. BOX 1663
PUEBLO, COLORADO 81002
January 10, 2005
City of Pueblo
Attn: David J. Galli, City Manager
1 City Hall Place
Pueblo, CO 81003
Re: Airport Combined Service Fees and clean-up expenses for shell buildings. #9 and #10
Reimbursement of expenses requested $20,279.76
Dear Mr. Galli:
This letter is to bring to your attention of the City's billing of airport combined service fees that have been
assessed and paid by Pueblo Development Foundation (PDF) in error. In addition, PDF is requesting
reimbursement of expenses incurred related to the clean-up of shell buildings #9 and #10.
Combined Service Fees
According to the County Assessor's records the properties located at 33850 United Ave. (lot 67) and 2
Jetway Ct. (lot 6); the owner of record is listed as Pueblo Development Foundation. The County Assessor
records list the owner of record of 1 Jetway Ct (lot 1) as the City of Pueblo. Beginning July 1, 2004 the
City began billing PDF combined service fees for these three properties at a total rate of $2,188.43 per
month. Our position is that PDF should not have been nor be billed the combined service fees for these
three properties based upon the following:
33850 United Ave. (lot 67) This property is to be used under a lease
agreement with DeNeen & Company. The agreement with the City requires
PDF to remit 95% of all payments received from the rental and or sale of this
property to the City. PDF is merely an agent for the City and as such the
combined service fee should be billed directly to DeNeen & Company. The
amount of combined service fees paid by PDF for Lot 67 through January 1,
2005 billing was $9,854.00 (July -Dec 2004 at $1,468.75/mo and Jan 2005 at
$1,041.50). $ 9,854.00
2 Jetway Ct. (lot 6) : The property is being used under a lease agreement with
Takashiba. The agreement with the City requires PDF to remit 95% of all
payment received from the rental and or sale of this property to the City. PDF is
merely agent for the City and as such the combined service fee should be gilled
directly to Takashiba. The amount of combined service fees paid by PDF for
Lot 6 through January 1, 2005 billing was $2,372.81 (July -Dec 2004 at
$353.67/mo and Jan 2005 at $250.79). 2,372.81
1 Jetway Ct. (lot 1) : This property is also known as Shell Building #10. This
property is owned by the City of Pueblo and accordingly no combined service
fees should have been billed. The amount of combined service fees paid by
PDF for Lot 1 through January 1, 2005 billing was $2,455.60 (July -Dec 2004 at
$366.01/mo and Jan 2005 at $259.54). 2,455.60
Total requested refund of combined service fees through January 1, 2005 $ 14682.41
Cleanup expenses for shell buildings #9 and #10
On April 13, 2004, PDF incurred expenses on behalf of the City of Pueblo related to work performed on
shell buildings #9 and #10. The construction of these two shell buildings was completed roughly five
years ago. Neither of the buildings has ever been occupied. The work performed in April 2004 involved
boarding up broken sky lights, removal of animal carcasses and waste, cleaning buildings and cutting and
disposing of weeds. The total amount paid by PDF check #2260 was $5,597.35. PDF is merely
requesting reimbursement of this expense in the amount of $5,597.35
TOTAL REQUESTED REIMBURSEMENT
COMBINED SERVICE FEES FOR CITY PROPERTY $ 14
CLEANUP EXPENSES FOR SHELL BUILDINGS #9 & #10 5,597.35
TOTAL 20,279.76
Attached are copies of invoices and cancelled checks supporting PDF's payment of the items in which
reimbursement is being requested. I would be happy to discuss or supply any additional information you
require regarding these issues.
Sincerely,
AIL
Joseph A. Fortino, President
Pueblo Development Foundation
cc: Thomas E. Jagger
503 N. Main, Suite 127
Pueblo, CO 81003
encls.