03-27-1995CITY OF RICHFIELD, MINNESOTA
CONCURRENT SPECIAL HOUSING & REDEVELOPMENT
AUTHORITY/CITY COUNCIL MEETING
March 27,1995
HRA MEMBERS
PRESENT: Tom Harms, Chair; Joan Helmberger; Vem Luettinger; Michael
Sandahl; and Russ Susag.
COUNCIL
MEMBERS PRESENT: Martin Kirsch, Mayor; Michael Sandahl; Susan Rosenberg;
Russ Susag; and Don Priebe.
STAFF PRESENT: James Prosser, City Manager; Steven Devich, Administrative
Services Director; Thomas Ferber, City Clerk; Byron Wallace,
Community Development Director; Donald Fondrick,
Community Services Director; Jack Erskine, Public Safety
Director; ~Iliam Fillmore, Liquor Operations Director; and John
Dean, City Attorney.
Mayor Kirsch and Chair Harms called the Concurrent Special Housing and
Redevelopment Authority/City Council Meeting to order at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Kirsch led the audience in the Pledge of Allegiance.
APPROVAL OF HRA MINUTES
M/Luettinger S/Helmberger to a.~prove the minutes of the regular HRA Meeting of
Februar..y 28 1995 the minutes of the Concurrent HRA/City Council Meeting of March 13
1995.
Motion carried 5-0.
Item #1 CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF 7429
DUPONT AVENUE FOR RICHFIELD REDISCOVERED PROGRAM. HRA
LETTER NO. 19
Executive Director Prosser reviewed HRA Letter No. 19 recommending that the
HRA authorize the purchase of 7429 Dupont Avenue for $45,000 for the Richfield
Rediscovered Program. .
Special HRA Meeting Minutes -2- ~ March 27,1995
M/Helmberger, S/Luettinger, that the following HRA resolution be adopt~cl, that it be
spread in the HRA resolution book and that it be made part o these minutes•
HRA RESOLUTION NO. 544 -
RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT
7429 DUPONT AVENUE SOUTH
Motion carried 5-0: This resolution appears as HRA Resolution No. 544 in HRA
Resolution Book No. 4. ~ -
Item #2 CONSIDERATION OF MODIFIED SUBORDINATION AGREEMENT; PHASE I
CSM. HRA LETTER N0.20
Executive Director Prosser reviewed HRA Letter No. 20 regarding the proposed
modifications of the Subordination Agreement with CSM for Phase I of the Shops at
Lyndsile.
Chair Harms reviewed the proposed modifications and recommended their
approval.
M/Susag, S/Luettinger to approve the modified Subordination Agreement with
CSM for Phase I of the Shops at Lyndale as proposed and to authorize execution of the
document_b~th~ HRA Chair and Executive Director.
Motion carried 5-0.
Item #3' HRA CLAIMS AND PAYROLLS
HRA Commissioner Sandahl asked questions about the payment of $19,900 to
BCL for an appraisal.
Executive Director Prosser indicated the payment was for more than one appraisal
and that he would provide further information in the Status and Information report.
M/Sandahl, S/Susag, that the following HRA claims and payrolls be approved:
FIRSTAR BANK
Section 8: 1088 $ 98,800.00
HRA: 7650-7766; 13059-13074; 13399-13438 $ 1,086,019.81
Motion carried 5-0.
Special HRA Meeting Minutes -3- March 27, 1995
ITEMS CONSIDERED CONCURRENTLY BY HRA AND C/TY COUNCIL:
Item #1 CONCURRENT MEETING WITH CITY COUNCIL TO CONSIDER A
RESOLUTION APPROVING HOUSING PLAN AND ISSUANCE OF TAX
EXEMPT REVENUE BONDS TO PURCHASE AND RENOVATE CENTURY
COURT APARTMENTS. HRA LETTER N0.21
City Manager/Executive Director Prosser reviewed HRA Letter No. 21 regarding
the request of Dominium Management Services, Inc. for approval of a housing plan and
the issuance of tax exempt revenue bonds to purchase and renovate the Century Court
Apartments.
Jack Safar, Dominium Management Services, Inc., outlined the proposal for
Dominium to purchase and renovate the Century Court Apartments utilizing tax exempt
bonds as the finance mechanism. He stated it was the intention of Dominium to position
Century Court to maintain the qual~r of housing, maintain its value, and continue to be the
largest tax paying property in the City.
Terry McNellis, Piper Jaffray, reviewed and answered questions regarding the
proposed issuance of tax exempt bonds. He stated the bonds would not have an impact
on the City's credit rating or ability to issue other bonds. He stated that credit
enhancement would also be required as insurance against default. Mr.~McNellis explained
the state bond allocation criteria and potential impact on tax exempt bonds of legislation
recently proposed by State Representative Ann Rest.
HRA Chair Harms outlined the process used to evaluate this proposal and to
address concerns expressed by the public. Mr. Harms discussed his evaluation of the
proposal in relationship to the following issues:
• The bonds would not be an obligation of the City.
• Thy primary benefit to Dominium is the reduced interest rate providing a savings
of $3.73 million.
• The primary benefit to the City is the negotiated agreement that Dominium will
use this savings for the renovation and rehabilitation of the apartment properties.
• The purchase and some level of renovation could occur without tax exempt
bonds - it is a question of policy for the Council as to whether this is good public
policy for the long term maintenance of the property.
• Timing of rehabilitation.
• Tax credits.
• Cash payment replacement for any lost tax revenue to City and School District if
tax credits are used.
• Credit enhancement.
Mr. Harms stated that after evaluating the advantages and disadvantages of this
proposal it was his opinion that on balance approval of the tax exempt bonds was a good
idea.
Special HRA Meeting Minutes -4- March 27, 1995
Ernie Lindstrom, 7406 Fremont Avenue, stated that he had yet to talk to anyone
in the community who supported this proposal. He stated there were no obvious signs of
need or deterioration to address at Century Court. He stated that other apartments in the
City would seem more in need. He questioned the public purpose and benefit to the
community. Mr. Lindstrom suggested that the City Council delay or deny the request. He
stated that if there is a proven need and an opportunity for input from the public, then the
community would support the proposal. He stated if the Council could get even 1/3 of the
community to support the proposal, he would support it. He questiolned the State Statute
authority and purpose being used to issue the bonds..
Stephanie Galey, Holmes & Graven bond counsel, reviewed the statutory
citations and application of the criteria.
Prudence Meyer, property owner of 7521 Penn Avenue and 7536 Oliver Avenue,
stated these buildings would also benefit from improvements. She stated all apartments in
Richfield would need assistance in order to compete with Century Court. She questioned
the fairness of providing assistance to only one large property owner, the public purpose
of the bonds, and asked that the Oity support a lower tax rate for apartment properties.
Arlene Dixson, Highland Management Group, Inc., discussed issues related to
whether any value added would be included in the market value, the unfair competition for
other Richfield apartments impacting rent levels and tenancy, the public purpose of the
bonds, the differentiation between normal maintenance and rehabilitation, equity to other
apartment owners, and the mix of tenants.
Tim Erlander, 7500 Thomas Avenue, spoke in opposition to approval of issuing
the tax exempt bonds. .
Steve Lindgren, 7141 Oak Grove Boulevard, asked questions and stated
concerns.about the proposal.. ~ .
Dave Brierton, Dominium Management Services, Inc. reviewed the State Statute
.authority and State allocation program under which Dominium is proposing to use to
finance this proposal. He indicated there were M.H.F.A. programs available to assist small
apartment owners.
Audrey Hansen, 7320 Lyndale Avenue, stated questions and concerns about
why Century Court needs so much money for renovation.
HRA Chair Harms stated that there is a risk if Century Court is not maintained
that it will deteriorate, lose value, and become a problem to the community.
Andrew Akins, Premier Properties, questioned whether there were outstanding
problems identified from inspections of the Century Court buildings.
HRA Commissioner Luettinger questioned the difference between the .
rehabilitation estimate of Stuart Shelard~ of $6.8 million and Dominium's estimate of $4.7
million.
Special. HRA Meeting Minutes -5- March 27, 1995
Armand Bachman, Dominium Management Services, Inc., stated that Dominium
had received firm bids from contractors instead of estimates.
HRA Commissioner Luettinger stated that he opposed-the proposed issuance of
tax exempt bonds for this project.
HRA Commissioner Helmberger asked questions about the tax credit issue and
the types of improvements that Dominium intended to make to the properties. She
indicated that her feelings slightly lean toward those of Chair Harms.
Item #2 CONSIDERATION OF RESOLUTION APPROVING HOUSING PLAN AND
ISSUANCE OF TAX EXEMPT REVENUE BONDS TO PURCHASE AND
RENOVATE CENTURY COURT APARTMENTS. C.L. N0.81
City Manager Prosser stated that the staff had reviewed the proposal from a
technical aspect, whether it meets Rhe statutorial requirements, and that the proposal
addresses interests of the community. He stated the City Council must make the broader
policy decision of whether there is a public purpose in authorizing the tax exempt bonds
for this proposal.
Council Member Susag stated that the proposal has some positive aspects but
that there did not seem to be enough of a public purpose in light of the fact that most of
the improvements are maintenance replacement rather than rehabilitation. He stated that
it left the question of what to do for small apartment owners. Therefore, he opposed the
proposed approval of the issuance of the tax exempt bonds.
Mayor Kirsch stated that it appeared that the residents of the community did not
support this proposal at this time, that there was an issue of equity for the smaller
apartment owners,.and therefore he would.support denial of the request.
. Council Member Priebe stated that the proposal would benefit the 1100
apartment households and the City as a whole as a result but that other benefits are
lacking in relation to the risk. He stated he had hoped that the proposal would generate
additional tax capacity and revenue, however it appears this would not be the case.
He stated that on balance there was not enough benefit demonstrated to support the
issuance of the tax exempt bonds.
Council Members Sandahl and Rosenberg concurred that there was not
sufficient public purpose to support the proposal.
M/Susag, S/Rosenberg to denv the reauest of Dominium Management Services
Inc for adoption of a resolution adopting a housing program and authorization for the
issuance of tax exempt revenue bonds t2,purchase and renovate the Century Court
apartments.
Motion carried 5-0.
Special HRA Meeting Minutes
ADJOURNMENT
-6-
The HRA meeting was adjourned by unan
Date Approved: 4./17/95.
~~
Thomas P. Ferber
City Clerk
March 27, 1995
1
Thomas E. Harms
Chairperson