Tag Archives: Wonderful Development

Good news: Your tax dollars are being wasted on time and on budget

The Wonderful Development (aka The Downtown Marriott Hotel Project) is progressing on-budget and on-schedule, according to a report by the City’s project manager, PSA Dewberry. The new parking garage is still expected to be completed by the end of this year, and the renovated Pere Marquette is scheduled to open as the Peoria Marriott Pere Marquette by the end of April 2013.

Now, if you’ve been following this project for awhile, you should be scratching your head and thinking to yourself, “How is an end-of-April opening considered ‘on time’?” Good question. I thought the deadline for opening the Pere Marquette was supposed to be March 1, 2013–in time to host all the people coming for March Madness.

It turns out, that wasn’t really a deadline. According to the City Manager’s office, there is a penalty if the hotel doesn’t open by March 1, but March 1 is not a deadline. (If that sounds crazy to you, remember that the City has no working definition for “deadline” — the word is simply not in their vocabulary.) Here’s the pertinent part of the redevelopment agreement:

“7.5 Liquidated Damages. In the event that the Hotel Pere Marquette is not open to the public on or before March 1,2013, the Redeveloper will pay to the City on demand as liquidated damages and not as a penalty an amount equal to $41,000 for each calendar month or portion thereof that transpires after March 1,2013 (including March, 2013) until the date that the Hotel Pere Marquette is open to the public. In addition, in the event that the Courtyard Inn & Suites is not open to the public on or before May 1, 2014, the Redeveloper will pay to the City on demand as liquidated damages and not as a penalty an amount equal to $41,000 for each calendar month or portion thereof that transpires after May 1,2014 (including May, 2014) until the date that the Courtyard Inn & Suites is open to the public.”

With an opening date for the Pere slated for the end of April 2013, it looks like the City will be receiving $82,000 in “liquidated damages” … if the City decides to collect it, that is. The City Manager’s office said today that they will collect it if the hotel is not open by the deadline target date.

Without any defined deadline, it should be easy for Dewberry to determine whether the project is on schedule. It’s always on schedule. How could it not be? There’s no reference point against which to measure it. We can just rest assured that the project is on time, whatever time it gets finished.

View the complete report:
Wonderful Development Progress Report as of 9/14/2012

Who’s actually paying for the Caterpillar Sky Walk?

Remember in my last post, how I said Caterpillar had purchased the naming rights for $1 million? Well…

Under the “Purchase” section of the Naming Rights Agreement, one of the conditions that must be met for the deal to go through is this: “Pere Marquette Hotel Associates, L.P., a Kansas limited partnership shall have paid to Caterpillar the amount of One Million and 00/100 Dollars ($1,000,000.00).” Pere Marquette Hotel Associates, L.P., is the company that sold the Hotel Pere Marquette to developer Gary Matthews.

So here’s how this works: Peoria gives $29 million to Matthews. Matthews gives $7,384,000 to the Pere owners to purchase the property. Pere owners give $1 million to Cat. Cat gives $1 million back to Matthews for naming rights. That $1 million then must be used (as specified in the naming rights agreement) “to pay for non-qualified rehabilitation expenditures … related to the construction of the project.”

This raises a couple questions. First, was the selling price of the Pere artificially inflated in order to kick back a million dollars to the developer? Did that million really come not from Cat’s pocket, but from the taxpayers? And second, where is that money going? Do “non-qualified rehabilitation expenditures … related to the construction of the project” include the developer’s fee, for instance? Or if it’s reinvested in the project, does it count toward Matthews’ personal equity in the project?

Caterpillar purchases naming rights to Civic Center-hotel connector

One of the most prominent pieces of the hotel redevelopment will carry a corporate sponsor’s name: the Caterpillar Sky Walk.

Part of the downtown hotel project is the construction of a pedestrian bridge over Fulton connecting the renovated Pere Marquette and new Courtyard Marriott to the Peoria Civic Center. Caterpillar, Inc., purchased the naming rights to the bridge for one million dollars.

The naming rights agreement, which is only between the hotel developer and Caterpillar (not the City of Peoria or the Civic Center), allows Caterpillar to “name the Connector, including the right to display appropriate signage on the exterior and interior of the Connector,” but “not includ[ing] any other marketing, advertising, or other rights.” The agreement specifically says that Caterpillar does not have any rights to name the hotel or garage, but it also forbids the developer from granting naming rights to “any person or entity that competes with Caterpillar in any industry that is part [of] the core business of Caterpillar.”

Neither the redevelopment agreement between the City of Peoria and the hotel developer, nor the easement agreement between the Peoria Civic Center, City of Peoria, and the hotel developer, precludes the sale of naming rights. Council members contacted Monday said they were unaware that naming rights had been sold for the connector, or that there were any plans to do so.

Artist's rendering of the planned pedestrian walkway over Fulton, looking northwest

 

Ante up!

The Journal Star reports that the City is all in now. They’ve mortgaged the house to make their bet, and they believe they’re going to win big!

Just consider all the success they’ve had with gambles like this before. We have the beautiful Cub Foods on Knoxville that has revitalized the East Bluff and drawn patrons from Morton and East Peoria, as promised. We have One Technology Plaza, filled to capacity with high-tech companies employing hundreds and making Peoria the tech capital of the Midwest. And there’s Riverfront Village, just raking in the property taxes to pay for itself. And let’s not forget that sure-fire investment in Firefly Energy, the battery maker that is paying us dividends today.

And where would we be without the Peoria Civic Center? Just look at how it operates in the black every year and has spawned private investment all the way around the block, revitalizing downtown Peoria for generations.

Yes, I have full confidence that the downtown hotel project will be just as successful as the other wonderful developments the City of Peoria has gambled our tax money on in hopes that they would “pay for themselves.” What with the 360,000 people who will be coming to the museum starting this fall, and with all the people who are drawn to our own little Wrigleyville around the downtown ballpark, this should be a cinch to make us an even wealthier City.

We’re going to be rich, I tell you! Rich! Rich! Rich!

Congratulations to the City Council

I just want to congratulate the Peoria City Council on accomplishing something I really thought was impossible. According to the Journal Star, the Council has managed to find a deadline that Gary Matthews was able to meet. This is no small feat. It only took three and a half years, three redevelopment agreements, and five or six deadline extensions, but through persistence, perseverance, and a political will unrivaled by any other effort the council has made, they have succeeded in foisting this folly on the taxpayers.

I sincerely wish they would put this much effort, determination, and tax money toward the things they should be doing: enforcing law and order, maintaining existing infrastructure, and making Peoria a safe and beautiful place to live for those who actually, you know, live here, and pay taxes that increasingly go toward baubles that hang on our deteriorating civic structure.

No doubt, I ask too much.

The latest line drawn by the City

The Journal Star recently published the following quote regarding the Wonderful Development:

“The developer doesn’t need a reminder from the council of the hard deadline in place,” Mayor Jim Ardis said. “He knows he has to deal with any obstacles and put us in a position to close by the end of the month. That won’t change.”

Did you see that? This latest deadline is different than all the previous deadlines. This one is a hard deadline. We really mean business this time! No more of those phony deadlines of the past three and a half years! This is a hard deadline. Do you hear me, Mr. Matthews? HARD!

It is to laugh. Does anyone really believe this? It’s like that old Bugs Bunny cartoon:

Chronicle prediction comes true

Back in January, when the Peoria City Council agreed to extend the Wonderful Development deadline until the end of February, I predicted that “Long about February 21, you can reasonably expect the council agenda to include another deadline extension.” Well, it’s February 22, and guess what? The council agenda for next Tuesday includes a request to extend the deadline until the end of March now.

I feel confident in predicting that, if this is approved, the new deadline won’t be met either. At the end of March will be another deadline extension request. This may happen every month in perpetuity, or at least as long as the majority of this council is allowed to remain in office, and Gary Matthews is never held to a real deadline.

Just for those council people who are unaware of the definition of “deadline,” here it is: “The time by which something must be finished or submitted; the latest time for finishing something.” That’s not how the Council has been defining it, obviously.

How many different funding sources can we tap for the Wonderful Development?

The City Council is poised to add another funding source to the downtown hotel project next Tuesday. Keep in mind the funding sources already tapped for this project:

  • HIZ TIF (10/28/2008) — First, they created the Hospitality Improvement Zone TIF (tax increment financing) district. This happened in October 2008 while the mayor and council were still telling the public there was no hotel project being proposed. It was designed primarily as an economic incentive for the Wonderful Development.
  • HIZ BDD (11/10/2008) — Following close on the heels of the TIF was the HIZ Business District Development (BDD) Plan. BDDs are like TIFs except that, whereas TIFs use property tax money, BDDs use sales taxes. In March 2009, under this BDD, the council established an extra 1% sales tax within the BDD boundaries to be used for “capital improvements related to new or existing hotels.”
  • General Obligation Bonds (pending) — These bonds, which have been approved for various amounts between 2008 and 2011 but have not been sold yet, will supposedly be paid back by the project via property taxes plus the HIZ TIF increment and BDD sales tax explained above. However, since they’re general obligation bonds and not revenue bonds, that means that the full faith and credit of the City of Peoria is backing them. In other words, if the project doesn’t pay for itself, the City’s general fund has to pony up the money. That’s money that we need for police, fire, public works, etc. It’s also the fund that has been bailing out the failed Midtown Plaza TIF.
  • Post Employment Benefits Reserve (11/1/2011) — Under the terms of the latest (i.e. third) redevelopment agreement, the City of Peoria will loan the developer (Mr. Matthews) $7 million for 25 years at 7% interest (but the first two years will be interest-free) because he couldn’t get all the private financing he needed. What is the way of finding the right lender? Where is the City getting this money to loan? From the Post Employment Benefits Reserve, an underfunded pot of money set aside to pay health benefit obligations to future retirees.

One more thing about those general obligation bonds: they’re supposed to be for $29 million, but the City would actually have to issue bonds for $32.5 million. Why? Because the money is needed for construction, but during construction the property is not generating any income to make bond payments. So between the time the bonds are issued and when payments start, the interest that’s accrued gets added to the principal. It’s called “capitalized interest,” and if you’ve had student loans, you’re probably familiar with it.

The City has found a way not to capitalize the interest on those bonds. They’ve found another pot of money they can use to make the bond payments during construction. Where did they find it? In the Southtown TIF District. Since the Southtown TIF is adjacent to the HIZ TIF, money can be siphoned off transferred between them for allowable expenses. Financing is an allowable expense in this case.

Southtown is the City’s very first TIF district, established in 1978. TIFs are only supposed to last 23 years, but in 2001 the Council extended it another 12 years, so it’s not due to expire until 2013 now. But the City could retire the TIF sooner. I mean, since they have such a surplus of money in that TIF, they could just end it now and let that money be divvied up proportionally among the affected taxing bodies, including District 150 and Peoria County.

But instead, the City is going to take part of that money and not even use it to improve infrastructure in Southtown or add any value to Southtown. They’re going to use it to make bond payments on an ill-advised hotel project in downtown Peoria — a behemoth that already has three other public funding sources.

This plan will do one thing, though. It will give the council the opportunity to pretend they’re fiscally responsible. “Look at what we’re doing,” they’ll say. “We’re saving $3.5 million!” It’s like going to McDonald’s and ordering a Big Mac, french fries, apple pie… and a diet Coke. “See? I’m watching my weight! I’m drinking a diet Coke!”

I suppose it’s better than nothing.

Wonderful Development deadline to be extended yet again

You’ll never guess what’s on the City Council agenda for next Tuesday, 24 January 2012. It’s a request to extend the deadline on the downtown hotel project yet again. Yes. “Time is of the essence,” Councilman Spain breathlessly implored in December 2008 when this erstwhile clandestine project was first revealed to the public, be sure you lean to use social media to get sales. Now, three-plus years and as many redevelopment agreements later, we’re told “it would be a rush to have all the documents agreed upon by January 31.” Indeed.

So the new “deadline” is going to be February 29. But don’t hold your breath. The council request not-so-subtly implies that even that may not be enough time. “Even with a February 29 deadline,” it concludes, “there is much work to be accomplished before our financial advisor can be directed to move forward with marketing the bonds.” Long about February 21, you can reasonably expect the council agenda to include another deadline extension.

One wonders why the council doesn’t save itself some time and just set the deadline for a more realistic timeframe … like the fifth of never, for instance. Or the year 3000. Because it’s quite clear that the council has no intention of ever enforcing any deadline at all. The deadlines have all been a farce — a pallid attempt to convince Peoria citizens that the Council is being a good steward of the public’s money.

Peoria to put retiree funds at risk for hotel

The City Council is voting on a revised redevelopment plan tonight for the undead Wonderful Development. This new plan not only gives the developer $29 million, but also loans him an additional $7 million because he couldn’t get all the private financing he needed.

So the question is, where is this $7 million coming from? I mean, did you know that the City had $7 million sitting around in a pot somewhere? Well, they do … in a retiree benefits fund. According to the council communication: “the City will provide the developer with a 25-year $7 million loan (the ‘Project Loan’) at 7% interest from the City’s Post Employment Benefits Reserve.”

The City is required to keep this Post Employment Benefits Reserve by an accounting regulation known as GASB 45. The idea is that the City should be socking away money now for the health benefits they are obligated to pay in the future to retirees. Of course, the City doesn’t fully fund the reserve. They can’t afford it. So they’re listing an increasingly large unfunded liability on their balance sheet each year.

Now, to make matters worse, they’re going to take what money they do have in reserve and loan it to Gary Matthews to build a hotel downtown — at no interest for the first two years or so, then at 7% interest after that. But here’s the kicker: this loan would be in the third position for repayment. In other words, if the project were to go bankrupt, the banks would get paid back first, then the owners of Big Al’s (who are loaning Matthews money as well), then the City. The City’s loan is subordinate to two other creditors, so the odds of the City getting paid back in the event of default are nil.

Of course, this is just the latest injustice regarding this deal. There still is going to be a $29 million gift to the developer, courtesy of your future tax money. This publicly-subsidized hotel will be competing with other private hotels downtown, giving it quite a competitive advantage. Meanwhile, our taxes (or “fees,” if it makes you feel better) are going up and the City is going deeper in debt, even as our city faces serious public safety issues and its infrastructure deteriorates.

Peoria, your tax dollars are being misused. Does anyone care? Anyone? If the Occupy Wall Street supporters really don’t like money being taken from the 99% and given to the 1%, they should be against this deal. If the Tea Party supporters really don’t like bigger government and support the free market, they should be against this deal. Where are they? Where are you? Rome is burning while you’re fiddling.ikoni