HomeMy WebLinkAboutResolutions - 2021.08.05 - 34781MISCELLANEOUS RESOLUTION #21314 August 5, 2021
BY: Commissioner Gwen Markham, Chairperson, Finance Committee
IN RE: BOARD OF COMMISSIONERS — PROPOSED INDEPENDENCE TOWNSHIP CORRIDOR
IMPROVEMENT AUTHORITY PROJECT MODIFICATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners strongly supports the economic growth of
Oakland County; and
WHEREAS one of the tools used to promote economic growth is Tax Increment Financing used in
conjunction with Corridor Improvement Authorities (CIAs); and
WHEREAS to review requests from the County's cities, villages and townships to establish DDAs, CIAs
and LDFAs, the Board of Commissioners, pursuant to Miscellaneous Resolution (MR) #16166, updated the
Policy for the Tax Increment Financing (TIF) District Review Policy Ad Hoc Committee ("TIF Review
Committee") to consider when evaluating and making recommendations to the Finance Committee on the
County's participation in these proposed authorities; and
WHEREAS on June 12, 2008, the Oakland County Board of Commissioners, pursuant to MR #08117,
approved the County's participation in the Charter Township of Independence (the "Township') and the
Sashabaw Road Corridor Improvement Authority Tax Increment Financing Plan by entering into a Tax
Sharing Agreement; and
WHEREAS on September 6, 2017, the Oakland County Board of Commissioners, pursuant to MR #17246,
approved an amendment to the Tax Sharing Agreement extending the term of the agreement through tax
collections attributable to tax year 2029; and
WHEREAS the Township and the CIA appeared before the TIF Review Committee on July 28, 2021, to
request a modification, as described in a letter from the Township dated May 17, 2021, attached to this
Resolution, to the Project defined in the Tax Sharing Agreement and set forth in the previously approved
plan; and
WHEREAS the requested modification includes improvements to the intersection of Weldon Road and
Waldon Center Drive, as described in the attached letter; and
WHEREAS the requested modification meets the intent of the approved Tax Sharing Agreement.
NOW THEREFORE BE IT RESOLVED that, based on the recommendation from the TIF Review
Committee, the Oakland County Board of Commissioners approves the Project modification consistent with
the CIA's presentation to the TIF Review Committee on July 28, 2021, and the attached letter.
BE IT FURTHER RESOLVED that the Board of Commissioners requests the County Clerk send a signed
copy of this Resolution to the Clerk of the Township of Independence.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
Commissioner Gwen Markham, District #9
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
TOWNSHIP OFFICES
(2,10)625 6111
FAX (24E) Q5 25115
PATRICK J. KITTLE
SuPalm9er
CART J. NEUSECK
Clerk
RACHEL J. LOUGHRIN
Treasure!
TOWNSHIP TRUSTEES
JO SE AIJAGA
PAULA DROWN
THERESAA NALLAMC
HONA1.0A Rrr UP
May 17, 2021
Gwen Markham, Chair
CHARTER TOWNSHIP OF INDEPENDENCE
6463 WALDON CENTER DRIVE CLARK5TON, MICHIGAN 46346
www.lndtwp.cam
Oakland County Tax Increment District Review Policy Ad Hoc Committee
1200 North Telegraph Rd.
Pontiac, Michigan 48341
Re: Request to Modify the Sashabaw Corridor Improvement Authority approved project in
Independence Township
Dear Commissioner Markham:
Per Section 4 of the Tax Sharing Agreement between the County of Caldand, Charter Township of
Independence, and the Sashabaw Road Corridor Improvement Authority, the Charter Township of
independence and the Sashabaw Road Corridor Improvement Authority are submitting this request to
modify the approved Projects to the County's Review Committee for review and approval.
In 2006, Independence Township established the Corridor Improvement Authority for Sashabaw Road in
order to construct various road improvements within the Sashabaw Road corridor. As a condition of the
County's participation in the TIF Plan, a Tax Sharing Agreement between the Township and the County
was required.
Although the Corridor Improvement Authority has completed all of the major road improvements that
were Identified in the Development Plan and Tax Increment Financing Plan, the Township was unable to
gain Road Commission approval for a traffic signal at Waldon Road and Waldon Center Drive at the time
that the Sashabaw/Waldon intersection and Waldon Road widening improvements were made.
We are respectfully requesting approval From your Committee to allow County participation in this
signalization and pedestrian crossing project, described herein. The first part of this request describes the
current project in which we are requesting County participation. The second part describes the
Agreement between the Township and the County and why, in our opinion, this project is approvable.
Completed projects by the Corridor Improvement Authority are described in Attachment 1.
Current Project Reauest
When the Sashabaw/Waldon intersection was improved in conjunction with the improvements to the
Sashabaw/1-75 interchange, the Road Commission required widening of Waldon Road from the
intersection west past Waldon Center Drive. The Township's offices are located at the corner of Waldon
Road and Waldon Center Drive. At the time the widening was conducted, the Township requested
approval from the Road Commission for a traffic signal to be installed at the intersection of Waldon Road
and Waldon Center Drive. Despite heavy traffic In this area, especially from Clarkston High School, RCOC
made a finding that a signal did not meet its warrants.
The Township Board recently granted approval for a 70-acre, mixed -use project called Waldon Village,
located directly across from the Township Hall on the north side of Waldon Road. Waldon Center Drive
will be extended into the property at the expense of the developer. The project will have over 350 single,
multiple family and townhome dwellings and a commercial center anchored by a major fresh market. The
project is anticipated to add over $50 million in new taxable value.
The Road Commission has now approved the warrants for a traffic signal with pedestrian crossings. The
Township believes that there will be a significant amount of pedestrian traffic in the vicinity of this
expanded Intersection. The pedestrian crossing will connect to the Township's extensive safety path
network.
The signal and associated improvements to the south leg of Waldon Center Drive are estimated to cost
$500,000. The County's TIF share would be approximately 34% or $155,000.
Aereement with Oakland County
Oakland County and Independence Township entered into a Tax Sharing Agreement in 2008. In 2017, the
Agreement was amended to reflect the Amended and Restated Development and Tax Increment
Financing Plan. The terms and conditions of the Original and Amended Agreement are essentially
identical, although the Amended Agreement extend to terms of the County's participation until 2029.
Both the Original and the Amended Agreement caps the total amount of tax capture from the County at
$1,294,501.37. As of the end of 2019, the Sashabaw CIA TIF had captured a total of $471,086.55 in County
operating taxes and $27,271.55 in County Parks and Recreation taxes. We understand that the County is
currently updating its database as to TIF captures from all jurisdictions.
The Tax Sharing Agreement also contains an Important statement which provides the path for approval
of the Township's request. Section 4 of the Agreement states the following:
4. Any other C.I.A. project other that those specifically listed herein may be
considered by the County upon proper application by the C.I.A., at the appropriate time in
the future. Any modification or amendments to the C.I.A. Development Plan and Tax
Increment Financing Plan that modify the approved Project shall be submitted to the
County's Review Committee for review and approval.
The Township is not requesting an amendment of the Plan because we believe such an amendment is not
necessary to justify this project. However, we are requesting the County to consider our request to
complete a project that, in our opinion, remains incomplete.
When the Township and the County entered Into the Tax Sharing Agreement, the reason for creating the
Corridor Improvement Authority and preparing the Development and Tax Increment Financing was clearly
to make improvements to Sashabaw Road and the Sashabaw/1-75 interchange. The Improvements to
Sashabaw Road and the Sashabaw/1-75 interchange also required extensive improvements to Waldon
Road.
The Tax Sharing Agreement identifies the approved project in Section 1(b), in the general manner that is
similar to the language in the Development and Tax Increment Plan. The project descriptions were
broadly stated for very good reason. Working with two road agencies, RCOC and MDOT, it was impossible
to know the full scope of the proposed road improvement projects until the design phase was completed.
The ultimate design and improvement of the Sashabaw/Waldon intersection and the improvements to
the Sashabaw/1-75 interchange were intertwined. In other words, there were certain requirements by
MDOT that affected the design of the roads under RCOC jurisdiction. One of the design parameters that
occurred was the need to widen Waldon from the intersection, west of Waldon Center and the Township
Hall. We requested the light go in at that time, but RCOC would not permit until the property on the north
side was developed.
We believe the correct conclusion is not a matter of consistency with the Tax Sharing Agreement or
Development and Tax increment Financing Plan, but rather one of timing. Had the Road Commission
considered the inevitability of the development of the property on the north side of Sashabaw and the
extension Waldon Center Drive to the north, the light would have been installed at the time that Waldon
Road was widened.
Therefore, we respectfully request that the County allow our use of Tax Increment funds for installation
of the traffic signal and intersection improvements.
Yours Truly,
Pat Kittle, Township Supervisor
Independence Township
Cc: Richard Carlisle — Carlisle / Wortman Associates, Inc.
Bret Rasegan— Oakland County - Manager, Planning Division
Ingrid Tighe —Oakland County- Director, Economic Development
3
Attachment 1
Completed CIA Protects
The CIA Development and Tax Increment Financing Plan has focused on a narrow approach specifically
targeted at road improvements to Sashabaw Road, the Sashabaw/Waldon Road intersection, and the
Sashabaw/1-75 bridge, Including the on/off ramps. Since the inception of the Corridor Improvement Authority
in 2007, the following projects have been completed:
1. Improvements to the 1-75/Sashabaw Road interchange — For many years, the Sashabaw/1-75
interchange experienced significant congestion especially during afternoon commuting hours and DTE
Theater concerts. The problem was so severe that traffic backed up travel lanes of northbound 1-75.
The addition of a relief ramp from northbound 1-75 to southbound Sashabaw Road has provided much
needed relief. To accommodate the additional ramp, additional improvements were made to the
bridge surface, park and ride lot, and other exit/entrance ramps.
Improvements to Waldon/Sashabaw Intersection — The improvements to the Sashabaw/1-75
interchange also required expansion of the Waldon/Sashabaw intersection, which at the time did not
have the capacity to handle the volume of traffic. Eastbound Waldon was widened to accommodate
dual left-hand turns onto northbound Sashabaw and northbound Sashabaw was expanded to include
dual left-hand turns onto westbound Waldon. In addition, Waldon Road was widened from the
intersection to Waldon Center Dr.
Improvements to the interchange and intersection were completed at a cost of approximately $5.168
million. The Township was highly creative in packaging and leveraging funds from a variety of public
and private sources.
Installation of the traffic signal at Sashabaw Road/Flemings Lake Road intersection — Adding
signalization at Sashabaw and Flemings Lake Roads had been sought by the Township for many years
to alleviate serious safety problems. Commercial businesses, including the Secretary of State's office,
had difficulty accessing Sashabaw Road. Adding the light has greatly improved traffic safety.
4. Streetscape improvements to the Sashabaw Boulevard —The Sashabaw Boulevard between Maybee
and Waldon Roads was completed in 2005, but the lack of funds did not permit the Township to
complete the landscaping of the center median. In 2012, the CIA completed the landscape
improvements.
5. Complete widening of Sashabaw Road north of 1-75 — In 2018, the CIA initiated the widening of
Sashabaw Road, north of 1-75, to a full 5-lane cross-section from Flemings Lake Road to the entrance
of DTE. This improvement matches the existing 5-lane cross -sections at the north and south ends in
this portion of the corridor north of 1-75. Additional infrastructure improvements incorporated in the
project included the extension of the safety path, relocation of street lighting and extension of water
and sewer.
Resolution #21314
August 5, 2021
Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Miller,
Moss, Nelson, Powell, Spisz, Weipert, Woodward, Cavell, Charles, Gershenson. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
4ID", Q
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 5, 2021,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 51h day of August, 2021.
Lisa Brown, Oakland County