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02-26-03 Special HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES Richfield, Minnesota Special Meeting February 26, 2003 The meeting was called to order by Vice Chair Heimberger at 7:00 p.m. HRA Members Present: Joan Heimberger; Kri!)tal Stokes; Michael Sandahl; and Dan Linnihan. HRA Members Absent: Thomas Harms. Staff Present: Samantha Orduno, Executive Director; Bruce Palmborg, Community Development Director; Steven Devich, Acting City Clerk; John Stark, Community Development Manager; and John Dean, HRA Attorney. Item #1 M/Sandahl, S/Stokes to approve the aaenda. Motion carried 4-0. Item #2 A. Approved agreement securing Minnesota Housing Finance Agency funds to continue HRA's Apartment Remodeling Program S.R. No. 15 M/Sandahl, S/Linnihan to approve the Consent Calendar. Special HRA Meeting Minutes -2- February 26, 2003 Motion carried 4-0. Item #3 Executive Director Orduno reviewed Staff Report No. 16 regarding consideration of "GAP" financing for the Lyndale Gateway West project; and if such financing is acceptable, consideration of a supplemental agreement to contract for private redevelopment with Lyndale Gateway, LLC. Ms. Orduno stated that staff is not making a recommendation on this item. Community Development Manager Stark stated that the $1.1 million gap financing is changed from a grant to a loan. Mr. Stark described the two mechanisms that would be used to repay the HRAfunds. Mr. Stark explained that, in the proposed Gap Funding Method, the HRA would provide the developer with up to $1.1 million from its "Bonds of 1996" account at the time they close on property purchases. At that time, the HRA would place a second mortgage on the commercial portion of the property in the amount of $500,000. The developer would be required to payoff this mortgage within ten years of completing construction of the development. The remaining $600,000 will be repaid from tax increment that Will be generated by the development. Commissioner Linnihan stated that the issue here is what's fair. He stated that this is the fourth developer in four years and why are we still seeing eleventh hour surprises. He also questioned the developers 15% rate of return. Commissioner Sandahl stated that if it weren't for the changes in the class rates for commercial property, we wouldn't be dealing with this problem now. He further stated that real estate values continue to go up rapidly. Mr. Stark stated that the density of this piece of property also dictates that it cost more per square foot. He also stated that there is a "Look back" provision to insure that the developer doesn't receive more public assistance than needed. In addition, the developer is required to deposit a $750,000 letter of credit to cover certain short falls or public assistance paybacks. Mr. Stark stated the 15% rate of return was a cap and is similar to other rates of return for development projects. HRA Attorney Dean stated that in their discussions with the developer, there are other risks of waiting such as change in interest rates, contract prices already negotiated and the uncertainty of condemnation awards. He stated that in his judgement, waiting nine to twelve months would not solve the problem the project is facing now. Commissioner Stokes asked how much staff time and cost has been spent on this project. Executive Director Orduno responded tens of thousands of dollars. Commissioner Heimberger stated that she has gone over the pros and cons of this project over and over again. The risks of the financing are balanced by the potential risks of doing nothing now. Special HRA Meeting Minutes -3- February 26, 2003 Community Development Man~~eL~t~rk also described the pros of the development: . This area is greatly in need of redevelopment. . 100 new units of housing. . This type of development is what the HRA is supposed to do. . Developer has a great deal of interest. . Similar types and amounts of assistance as the development on the east side of Lyndale Avenue at 76th Street. . Another developer might not come in. . Ends the uncertainty in the area for commercial and residential. . Undetermined risk to the new Lyndale Avenue bridge. . Lot in front of Candlewood could be sold for about $400,00 - $450,000 for redevelopment, thereby replenishing HRA reserves. Mr. Stark described the risks associated with this financing: . Use all but $700,000 of bonds of 1999, which is money to help redevelopment project. . Developer could go bankrupt. . Property could depreciate in value. . Legal action could change the ground rules for redevelopment, such as class rates. Commissioner Linnihan asked why we don't know if we are paying too much. Community Development Manager Stark said that it is unclear because we are not looking at a normal buyer/seller situation. He stated that as a project as a whole, we are paying more per square foot for this property than ever before. Executive Director Orduno stated that we are paying more per square foot than ever before and in a soft market it may well be too much. Commissioner Linnihan stated that if the developer returns to the HRA again looking for more assistance, there is no more money for this project. HRA Attorney Dean stated that the supplemental agreement caps this assistance at where we are now. Commissioner Linnihan stated that he supports the project, but thinks the HRA staff could have done a better job. M/Sandahl, S/Stokes to support the Gap Financina arranaement for the Lyndale Gateway West proiect as proposed. Motion carried 4-0. M/Sandahl, S/Stokes to approve the Supplemental Aareement to the Contract for Private Development between the HRA and Lyndale Gateway, LLC subiect to "administrative modifications" as approved by the Director of Community Development. Motion carried 4-0. Special HRA Meeting Minutes -4- February 26, 2003 The meeting was adjourned by unanim()~s conse~rf46 p.m. / ,..r>::>~~? ~~:L' c, . "Q;//I;Z;V' ,//, ....... .~ "'_' ( le' ',' {,/' ~ ....// , ' To arms 2003 Steven L. Davic Acting City Clerk