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HomeMy WebLinkAbout2019-03-28 HRA Regular Meeting PacketAgenda Edina Housing and Redevelopment Authority City of Edina, Minnesota Edina City Hall Council Chambers Thursday, March 28, 2019 7:30 AM I.Call to Order II.Roll Call III.Approval of Meeting Agenda IV.Community Comment During "Community Comment," the Edina Housing and Redevelopment Authority (HRA) will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the HRA or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on today's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commissioners to respond to their comments today. Instead the Commissioners might refer the matter to sta- for consideration at a future meeting. V.Adoption of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Commissioner of the HRA. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Commissioners present to approve.) A.Receive Payment of Claims as Per Check Register Dated 3.25.19 TOTAL $222,218.21 B.Approve Revised A-ordable Housing Policy VI.Reports/Recommendations: (Favorable vote of majority of Commissioners present to approve except where noted) A.Response to Petition: Centennial Lakes Village Homes Condominium Association Park Maintenance Fees B.Policy for use of Public Financial Incentives VII.Correspondence A.Correspondence VIII.HRA Commissioners' Comments IX.Executive Director's Comments A.Go-Ahead Letter Received for 4500 France Avenue B.4435 Parklawn Avenue X.Adjournment The Edina Housing and Redevelopment Authority wants all participants to be comfortable being part of the public process. If you need assistance in the way of hearing ampli?cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: March 28, 2019 Agenda Item #: IV.A. To:Chair & Commissioners of the Edina HRA Item Type: Claims From:Don Uram, Finance Director Item Activity: Subject:Receive Payment of Claims as Per Check Register Dated 3.25.19 TOTAL $222,218.21 Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Claims for payment. INTRODUCTION: Claim information for approval attached. ATTACHMENTS: Description HRA Check Register 2.12.19 to 3.25.19 3/25/2019CITY OF EDINA 9:28:29R55CKS2LOGIS600V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/25/20192/12/2019 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 7703 2/21/2019 100858 LOGIS 09232 1461336,960.80 9232SWITCH FOR PARK RAMP 483593 46016 PROFESS SERVICES-ENGINEERING CENTENNIAL TIF DISTRICT 09232 146133329.98 9232RAMP SWITCH ACCESS 483593 46016 PROFESS SERVICES-ENGINEERING CENTENNIAL TIF DISTRICT 09232 1461336,960.80-9232SWITCH FOR PARK RAMP 483593 46016 PROFESS SERVICES-ENGINEERING CENTENNIAL TIF DISTRICT 09243 1261336,960.80 9243SWITCH FOR PARK RAMP 483593 46016 PROFESS SERVICES-ENGINEERING 50TH AND FRANCE 2 TIF DIS 09232 146133329.98-9232RAMP SWITCH ACCESS 483593 46016 PROFESS SERVICES-ENGINEERING CENTENNIAL TIF DISTRICT 09243 126133329.98 9243RAMP SWITCH ACCESS 483593 46016 PROFESS SERVICES-ENGINEERING 50TH AND FRANCE 2 TIF DIS 7,290.78 432710 2/14/2019 100730 DORSEY & WHITNEY LLP 09210 1420664,621.50 9210PENTAGON SOUTH TIF ESCROW 483105 3472489 ESCROW DEPOSITS HRA ADMINISTRATION 09210 14206620,874.50 92104500 FRANCE TIF ESCROW 483106 3472513 ESCROW DEPOSITS HRA ADMINISTRATION 09210 14206615,630.50 92104831343468104 ESCROW DEPOSITS HRA ADMINISTRATION 09238 1461312,233.00 9238SOUTHDALE 2-LEGAL 483135 3472485 PROFESSIONAL SERV - LEGAL SOUTHDALE 2 TIF DISTRICT 09210 142066643.50 92107200 FRANCE TIF ESCROW 483136 3472490 ESCROW DEPOSITS HRA ADMINISTRATION 44,003.00 432757 2/14/2019 100883 MESSERLI & KRAMER 09238 1461316,250.00 9238SOUTHDALE 2 LEGISLATION 483109 360904 PROFESSIONAL SERV - LEGAL SOUTHDALE 2 TIF DISTRICT 6,250.00 432777 2/14/2019 130988 NEUENDORF, BILL 09210 146107334.90 9210ED & TRAINING-MILEAGE 482917 013119 MILEAGE OR ALLOWANCE HRA ADMINISTRATION 09232 146105409.00 9232APA DUES 482917 013119 DUES & SUBSCRIPTIONS CENTENNIAL TIF DISTRICT 09238 146104448.60 9238ED & TRAINING 482917 013119 CONFERENCES & SCHOOLS SOUTHDALE 2 TIF DISTRICT 09240 12610499.90 9240ED & TRAINING 482917 013119 CONFERENCES & SCHOOLS PENTAGON PARK DISTRICT 09243 126710295.85 9243NORTH RAMP SUPPLIES & MILES 482917 013119 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 1,588.25 432804 2/14/2019 120784 SIGN PRO 09243 126710128.65 9243NORTH RAMP EXP - WAYFINDING 483416 13632 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 128.65 432852 2/21/2019 141972 AP MIDWEST LLC 09243 12671061,542.74 9243NORTH RAMP EXP - A& P #12 483773 PAY APP 12 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 61,542.74 433205 2/28/2019 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136215.00 9210HRA MINUTES JAN 31 484386 M24478 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 215.00 433277 3/7/2019 100730 DORSEY & WHITNEY LLP 09243 126710819.00 9243HRA NORTH RAMP EXP-LEGAL 484571 3477387 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 819.00 433284 3/7/2019 100049 EHLERS & ASSOCIATES INC. 3/25/2019CITY OF EDINA 9:28:29R55CKS2LOGIS600V 2Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 3/25/20192/12/2019 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 09238 146136420.00 9238HRA SOUTHDALE 2 TIF 484701 79387 PROFESSIONAL SVC - OTHER SOUTHDALE 2 TIF DISTRICT 09210 1420665,577.50 9210HRA 7200 FRANCE TIF ESCROW 484702 79383 ESCROW DEPOSITS HRA ADMINISTRATION 09238 146136345.00 9238HRA SOUTHDALE 2 TIF 484817 79385 PROFESSIONAL SVC - OTHER SOUTHDALE 2 TIF DISTRICT 09210 142066345.00 9210HRA W. 76TH ST. TIF ESCROW 484818 79384 ESCROW DEPOSITS HRA ADMINISTRATION 6,687.50 433335 3/7/2019 100883 MESSERLI & KRAMER 09238 1461316,250.00 9238HRA SOUTHDALE 2 TIF-LEGAL 484550 361757 PROFESSIONAL SERV - LEGAL SOUTHDALE 2 TIF DISTRICT 6,250.00 433369 3/7/2019 120784 SIGN PRO 09243 12671088.89 9243NORTH RAMP EXP - WAYFINDING 484744 13841 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 88.89 433374 3/7/2019 100438 STANTEC CONSULTING SERVICES INC. 09210 1420667,200.00 9210HRA 7200 FRANCE TIF ESCROW 484603 1472247 ESCROW DEPOSITS HRA ADMINISTRATION 7,200.00 433452 3/14/2019 100730 DORSEY & WHITNEY LLP 09210 14206612,954.50 9210HRA 7200-7250 FRANCE TIF ESCRO 484892 3477405 ESCROW DEPOSITS HRA ADMINISTRATION 09210 14206619,168.50 9210HRA PENTAGON SOUTH TIF ESCROW 484893 3477390 ESCROW DEPOSITS HRA ADMINISTRATION 32,123.00 433456 3/14/2019 100049 EHLERS & ASSOCIATES INC. 09210 1420662,415.00 9210HRA PENTAGON SOUTH TIF ESCROW 485083 79386.01 ESCROW DEPOSITS HRA ADMINISTRATION 2,415.00 433481 3/14/2019 142731 INTERSTATE PARKING COMPANY LLC 09243 12671018,587.50 9243NORTH RAMP EXPANSION - VALET 484907 201812 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 18,587.50 433559 3/14/2019 100995 SEH 09232 14613321,562.95 9232VERNON INTERLACHEN NTERSECTION 485424 364049 PROFESS SERVICES-ENGINEERING CENTENNIAL TIF DISTRICT 21,562.95 433570 3/14/2019 101016 SRF CONSULTING GROUP INC 09243 1267105,250.95 9243NORTH RAMP EXP - OWNERS REP 484952 10930.0-17 EQUIPMENT REPLACEMENT 50TH AND FRANCE 2 TIF DIS 5,250.95 433738 3/21/2019 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136215.00 9210HRA FEB 14 486042 M24514 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 215.00 Report Totals 222,218.21 Date: March 28, 2019 Agenda Item #: IV.B. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Stephanie Hawkinson, Affordable Housng Development Manager Item Activity: Subject:Approve Revised Affordable Housing Policy Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion approving the revised Affordable Housing Policy. INTRODUCTION: The revised Affordable Housing Policy is based on comments, questions and feedback expressed during the last few months by the HRA, developers, and residents. T he proposed changes include the following: The policy will be applied when a PUD and/or City/HRA funding is requested. The revision requires that a percentage of units, rather than square feet, be affordable and the unit mix shall reflect the unit mix of the whole. The affordability period increases to 20-years. The policy now includes language reflecting the recently approved Fair Housing policy. The Buy-in amount remains the same Policy retitled. Please see the attached revised Affordable Housing Policy for additional proposed changes. ATTACHMENTS: Description Revised New Multi-Family Affordable Housing Policy ☐City Council Approved: 11/1/2015 ☒City-Wide Revised: 3/5/2019 ☐Department City of Edina Policy NEW MULTI-FAMILY AFFORDABLE HOUSING The City and Housing and Redevelopment Authority recognize the need to provide a range of affordable housing choices for those who live or work in the City. Since the land appropriate for new multi-family residential development is limited, it is essential that a reasonable proportion of such land be developed into affordable housing units. As such, the City of Edina adopts the following New Multi-Family Affordable Housing Policy. FOR THE PURPOSES OF THIS POLICY: 1. “Unit” means either a for-sale dwelling or a rental dwelling in which a lease is signed prior to occupancy. 2. “Financial Assistance” provided the City includes but is not limited to tax increment financing, land write downs, pass-through funding for purposes other than environmental remediation and other forms of direct subsidy. 3. Any specific projects requesting exemptions to the affordable housing requirements of this policy must seek recommendation from the Edina HRA and approval from the Edina City Council based on alternative public purpose. 4. All new multi-family developments of 20 units or more must adhere to this policy if they require rezoning to PUD or a comprehensive plan amendment. 5. Affordable Rental Housing Income and Rents are defined as both gross incomes (adjusted for family size) and gross rental rates (adjusted for bedroom count and include utility allowance and any fees that are a requirement of occupancy as per Section 42 of the Internal Revenue Service Code.) that are updated annually by the Minnesota Housing Finance Agency (MHFA) and published at www.mnhousing.gov. 2018 income and rental limits can be found at the end of this policy. 6. Affordable Ownership Housing Income and Sales Price are affordable to and initially sold to persons whose income is at or below the levels set in the MHFA’s “Startup Program” (first-time homebuyer). This program has a sales price limit of $328,000, adjusted annually. The Edina Housing Foundation has set this limit at $350,000 in consideration of the high prices in Edina. A table showing sales prices that will be used as the acquisition limit in this definition can be found at the end of this policy. THIS POLICY APPLIES TO ALL NEW MULTI-FAMILY DEVELOPMENTS THAT: 1. Include 20 units of more. 2. Require rezoning to PUD or a Comprehensive Plan Amendment. 3. Receive financial assistance from the City of Edina and/or the Edina Housing and Redevelopment Authority. Page | 2 4. Are developed on property purchased from the City of Edina even if no financial assistance is being provided by the City unless the waiver is recommended by the Edina HRA and approved by the Edina City Council. THE POLICY 1. New rental multi-family developments subject to this policy shall provide a minimum of 10% residential units at 50% affordable rental rates or 20% residential units at 60% affordable rental rates as defined below. The units shall be occupied by households at or below 60% of the Multi- Family Tax Subsidy Income Limits (MTSP). 2. New for-sale developments shall provide a minimum of 10% of residential units at affordable sales prices as defined below. 3. The affordable unit mix must be approximately proportional to the market rate unit mix. 4. Rental and for-sale/owner occupied affordable units shall provide the following: a. on-site parking (either surface or enclosed) for affordable units and the cost related to parking must be included affordable sales price or affordable rental rate. At least one enclosed parking space shall be included in the purchase price of a for-sale unit in the same manner offered to buyers of market rate units. b. Affordable and market rate residents will have equal access to all entries, lobbies, elevators, parking and amenities. Examples of amenities include storage lockers, balconies, roof decks, outdoor patios, pools, fitness facilities, and similar unit and project features. c. Exterior appearance of affordable units shall be visually comparable with market rate units in the development. 5. New rental housing will remain affordable for a minimum of 20 years and this requirement will be memorialized by a Land Use Restrictive Covenant. 6. New for-sale or owner-occupied developments will remain affordable for a minimum of 30 years and this requirement will be memorialized by a Land Use Restrictive Covenant. The Land Use Restrictive Covenant will contain a provision providing the Housing and Redevelopment Authority or Edina Housing Foundation the right of first refusal to purchase affordable units. 7. The owners of multi-family rental housing projects subject to this Policy by receiving financial assistance shall accept tenant-based rental housing assistance including but not limited to Section 8 Housing Choice Vouchers, HOME tenant-based assistance and Housing Support. Tenants with rental assistance may occupy an affordable dwelling unit with the rent charged not exceeding the maximum allowed by Metro HRA or the assistance provider. Furthermore, the rent charged may not exceed the maximum allowed by the most restrictive funding soured. This requirement will be enforced through a contract between the City of the project owner pursuant to which the owner will be required to adopt business practices that promote fair housing and provide documentation of compliance with these requirements to the City. This requirement will be further enforced through the City’s monitoring policies and procedures. 8. Owners of City-assisted housing projects shall affirmatively market affordable housing opportunities. All multi-family housing providers subject to this policy must submit an Affirmative Fair Housing Marketing Plan (AFHMP) at lease every 5 years and a Survey and Certification regarding AFHMP outcomes annually. Owners must advertise housing opportunities on HousingLink or another medium acceptable to the City concurrent with any other public or private advertising. 9. Recognizing that affordable housing is created through a partnership between the City and developers, the City and/or Housing and Redevelopment Authority will consider the following incentives for developments that provide affordable housing: a. Density bonuses Page | 3 b. Parking requirement reductions c. Tax increment financing for projects that exceed the minimum requirement d. Deferred low interest loans from the Housing and Redevelopment Authority and/or Edina Housing Foundation e. Property Tax Abatement 10. It is the strong preference of the City that each new qualifying development provide its proportionate share of affordable housing on site. However, the City recognizes that it may not be economically feasible or practical in all circumstances to do so. As such, the City reserves the right to waive this policy (only if circumstances so dictate, as determined by the City).In lieu of providing affordable housing in each new qualifying development, the City may consider the following: a. Dedication of existing units in Edina to 110% of what would have been provided in a proposed new development. These units would need to be of an equivalent quality within the determination of the City. b. Financial risk and participation in the construction of affordable dwelling units of an equivalent quality by another developer on a different site within the City. c. An alternative proposed by a developer that directly or indirectly provides or enables provision of an equivalent amount of affordable housing within the city. An alternative could be payment of a Total Buy In (TBI) fee, a cash payment to the City in lieu of providing affordable housing units. The TBI shall be equal to $100,000 per unit rounding up to the next whole unit. The TBI would be due in cash or certified funds in full to the City at the time of issuance of the building permit. A building permit will not be issued unless the TBI is paid in full. The City Council may allow the housing developer to pre- pay the TBI to satisfy a future Affordable Housing Opportunity on a case-by-case basis. TBI will be deposited into the Affordable Housing Trust Fund to be used for the development and preservation of affordable housing. 11. Guidelines for implementing this Affordable Housing Policy can be found in the Inclusionary Housing Policy Program Guide. 2018 INCOME AND RENTAL LIMITS GROSS INCOMES GROSS RENTS 60% 50% 60% 50% 1 Person $39,660 $33,050 Studio $991 $826 2 Persons $45,300 $37,750 1 Bedroom $1,062 $885 3 Persons $50,940 $42,450 2 Bedroom $1,273 $1,061 4 Person $56,580 $47,150 3 Bedroom $1,471 $1,226 5 Persons $61,140 $50,950 4 Bedroom $1,641 $1,367 6 Persons $65,640 $54,700 2018 OWNERSHIP HOUSING INCOME AND SALES PRICE Acquisition Limit in this policy definition. 1 bedroom $250,000 2 bedroom $300,000 3+ bedroom $350,000 Page | 4 2018 income limits as published on the MHFA website are as follows: 1-2 person household $94,300 3+ person household $108,400 Income limits and maximum sales prices are updated annually. See www.mnhousing.gov. Originally adopted: November 1, 2015 Income/Rent Limits Adjusted: April 13, 2016 As amended: February 7, 2018 As amended: April 3, 2018 As amended: October 2, 2018 As amended: March 5, 2019 Date: March 28, 2019 Agenda Item #: V.A. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Don Uram, Finance Director Item Activity: Subject:Response to Petition: Centennial Lakes Village Homes Condominium Association Park Maintenance Fees Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion to deny the petition submitted by the homeowners of Village Homes at Centennial Lakes. INTRODUCTION: At the meeting on January 31, a comment was made about the affordability requirement of the units in the Village Homes at Centennial Lakes. Staff was directed to return with this information which is summarized in the attached staff report. Also included are the attachments that were provided at the January 31, 2019 HRA meeting. ATTACHMENTS: Description Staff Report: Response to Petition Staff Report: January 31, 2019 Attachment A: Centennial Lakes Attachment B: Edinborough Park Staff Presentation: January 31, 2019 Map Resident Handout March 28, 2019 Chair & Commissioners of the Edina HRA Don Uram, Finance Director Stephanie Hawkinson, Affordable Housing Development Manager Response to Petition: Centennial Lakes Village Homes Condominium Association Park Maintenance Fees Information / Background: The Centennial Lakes Village Homeowners petitioned the HRA to terminate the requirement to pay park maintenance fees per the terms of their agreement. This petition was received by the HRA on September 13, 2018. On January 31, 2019, staff recommended the continuation of collecting all park maintenance fees until the agreements terminate. The issue was tabled. Staff was directed to return with information regarding the affordability requirement for the condominiums. When Centennial Lake Village Homes was developed, there was a requirement that 80% of the units were to be sold to low and moderate income homeowners. To make these feasible, the East Edina Housing Foundation made second mortgages available to buyers. These mortgages were satisfied at term, or when the properties were sold or refinance. There was a stipulation that second mortgage proceeds could be used for a subsequent buyer, but this was not a requirement. Based on the 2018 assessed values, 91% of the condominiums are considered affordable with values less than $350,000. The majority of the homes, 218 (88%) have values less than $250,000. Although the homeowners after the initial buyers are not required to be low or moderate income, the home values remain affordable to that population. January 31, 2019 Chair & Commissioners of the Edina HRA Don Uram, Finance Director Andrea Rich, Financial Analyst Susan Faus, Interim Park and Recreation Director Petition: Centennial Lakes Village Homes Condominium Association Park Maintenance Fees Information / Background: The Centennial Lakes Village Homeowners have petitioned the HRA to terminate the requirement to pay park maintenance fees per the terms of their agreement. This petition was received by the HRA on September 13, 2018. Agreements requiring a park maintenance fee were put into place for each of the six building and other adjacent properties back in the late 80’s and 90’s when Centennial Lakes Park was first constructed. Agreements were also put into place for properties adjacent to Edinborough Park. The City's intent at the time was that the Centennial Lakes project (and the Edinborough project before that) should assume the responsibility of the long-term costs of maintaining the park and related landscaping. The sources of funds for this purpose were 1) a "trust fund" that was initially funded by the developers of Centennial Lakes and the City, 2) fees collected from park users such as greens fees for the golf course, building rentals etc., and 3) an ongoing park maintenance charge assessed against the owners of properties within Centennial Lakes and Edinborough Park. It is this third type of fee which the homeowners seek to have removed from their properties. The reason for the fee is that the park and public facilities contemplated as part of the Centennial Lakes project were of a type that would require ongoing maintenance more than anything previously borne by the City. The Council at the time felt that the taxpayers of the City, who were supporting the upkeep of the park system in general, should not also bear the extraordinary costs associated with Centennial Lakes park which was seen as principally benefitting adjoining properties. The applicable portions of the agreements are below, but in summary, the agreements automatically renew after 30 years for an additional ten years unless the HRA and 75 percent of the homeowners agree to terminate the agreement. Park maintenance fees supporting Edinborough Park renew in perpetuity; however, fees supporting Centennial Lakes expire after 40 years. Park Maintenance Agreements The City currently has park maintenance agreements with 35 of the surrounding properties for Centennial Lakes and Edinborough Park. There are three sections in these agreements that are related to the homeowners’ request. They are: STAFF REPORT Page 2 Section 5 Public Maintenance Charge. (1) “It is understood and agreed that the Park, landscaping and amenities upon the Park Site, …shall be a benefit to all of the citizens of the City but shall be especially beneficial, due to the proximity and ease of use and enjoyment, to all owners and occupants of the Land and Project and all Lot Owners; that the benefits of the Park and such landscaping, amenities and parking can best be sustained and fully realized if they are kept in good condition and state of repair; that the owners of the Land and Project, and Lot Owners, should, therefore, help pay the costs of maintaining, operating, repairing, replacing and reconstructing the Park and such landscaping, parking and amenities upon the Park Site ...”. Section 5 (15) “The provisions of this Section 5 may be amended, from time to time, by an agreement, in writing, signed by the then owner of the Park Site [the HRA] and by at least seventy-five (75%) of all of the then record owners of the fee simple title to the platted lots …”. The Edinborough Park agreements call for agreement by the HRA and 95% of owners. Section 10 Covenants Running with the Land: Duration. (2) “The covenants and provisions of this Agreement shall continue up to and including the thirtieth (30th) anniversary of the date of this Agreement and shall then be automatically renewed and extended for a period of ten (10) additional years and shall end on the fortieth (40th) anniversary of the date of this Agreement, unless, after such thirtieth (30th) anniversary the covenants and provisions hereof are terminated by written agreement signed by the same persons and in the same percentages as required for an amendment of Section 5 hereof.” Fee Revenues Amending the agreement to eliminate the public maintenance fee for Centennial Lakes Village Homes would have an initial financial impact of about $83,000 annually and total $1,000,000 over the term of the agreements. However, the financial impact of granting this request will likely be larger, as neighboring properties follow suit in seeking to have their fees discharged. The calculation of the park maintenance fee differs by agreement. In general, the fees are calculated based on building size or number of units and when the buildings were given a Certificate of Occupancy (CO). Most of the agreements also included a clause stating that the public maintenance charge shall be increased annually based on the Consumer Price Index. Due to the complexity of the agreements, the City has analyzed each agreement and fee calculation to ensure that the properties were paying the correct amount. For 2018, the City has received $629,000 in park maintenance fees. Of that revenue, $402,000 is Centennial Lakes and $227,000 is Edinborough Park. The 2018 amounts include one-time catch up fees of $80,000 at Centennial Lakes and $2,500 for Edinborough Park. Park maintenance fees represent approximately 40 percent of revenue at Centennial Lakes and 16 percent of revenue at Edinborough Park. As stated in the agreement, the fees are intended to help pay the costs of maintaining, operating, repairing and replacing and reconstructing the parks. 2018 preliminary revenues and expenses and six years of history are attached illustrating the expenses (personal services, contractual, commodities, etc.). Except for 2017, operationally neither Centennial Lakes or Edinborough Park has been able to cover expenses with current revenue (see Attachments A and B). In 2017, Edinborough Park received a $93,000 past due payment from one of the adjacent properties. This trend is expected to continue in 2019 with both Centennial Lakes and Edinborough showing a budgeted operating loss of over $300,000. Following are estimated future association fee revenues for Centennial Lakes and Edinborough Park based upon the existing agreements remaining in place. STAFF REPORT Page 3 Centennial Lake 2018 Adjusted Actuals 2019 2020 2021 2022 2023 South Office Park 150,988 164,714 168,008 171,368 174,796 178,292 Medical Office Bldg 20,508 20,729 21,144 21,566 21,998 22,438 Retail Plaza 46,126 38,155 38,918 39,696 40,490 41,300 Coventry 17,280 17,280 17,280 17,280 17,280 17,280 Pinstripes 16,446 16,743 17,078 17,419 17,768 18,123 CL Village Homes 75,567 82,900 84,558 86,249 87,974 89,734 326,915 340,521 346,986 353,580 360,306 367,166 Edinborough Park Corporate Ctr 50,567 47,249 48,194 49,158 50,141 51,144 Brookdale Sr Living 65,696 78,384 79,952 81,551 83,182 84,845 Edin Hotel 37,381 - - - 23,940 23,940 Edin Village Homes 70,560 70,560 70,560 70,560 70,560 70,560 224,204 196,193 198,706 201,269 227,823 230,489 Total 551,119 536,714 545,691 554,849 588,129 597,656 Estimated fees* * Estimated fees based upon current rate plus 2 percent CPI where applicable. Based on continued operating losses and an estimated fund balance of less than $500,000, Centennial Lakes at some point may need to become part of the General Fund and funded through a combination of user fees and property taxes. Conclusion/Staff Recommendation: There are several items for the HRA to consider before deciding whether to eliminate the public maintenance fee for the Centennial Lakes Village Homes. These are described below: 1. Financial stability of the fund. Centennial Lakes expenses typically exceed revenues on an annual basis. Eliminating the park maintenance fee would increase the annual operating loss. With limited reserves, alternative funding sources would be required (property taxes, liquor contribution). 2. If the agreement is amended and the park maintenance fees are eliminated, it’s likely that other property owners will petition same. Assuming all are approved, the City would need to find an additional $500,000 or more to replace this funding source. 3. Based on a history of operating losses, limited reserves, and agreements terminating in approximately 10 years, should Centennial Lakes become part of the General Fund rather than an Enterprise fund? Staff’s recommendation is to continue collecting all park maintenance fees until the agreements terminate and plan to move Centennial Lakes into the General Fund for the 2020-2021 Budget. City of EdinaCentennial LakesAttachment A201220122012201220132013201320132014201420142014201520152015201520162016201620162017201720172017Prelim 2018Prelim 2018Prelim 2018Prelim 2018REVENUESREVENUESREVENUESREVENUES 4301 - CHARGES FOR SERVICES 713,695 735,557 758,893 801,023 939,422 778,408 877,217 4317 - ADVERTISING SALES- - - - - 91 174 4524 - CONCESSIONS - CENTENNIAL 28,641 32,368 26,924 29,374 23,069 22,998 26,198 4541 - GENERAL ADMISSIONS - 30 (60) - - (5) - 4555 - CENTENNIAL LAKES PARK 106,888 92,416 102,612 101,625 103,115 81,706 80,137 4558 - OTHER RENTAL5,868 9,725 8,632 7,842 5,290 4,346 5,441 4581 - SKATE RENTAL53,849 77,993 67,226 77,463 54,186 50,521 71,460 4583 - EQUIPMENT RENTAL 58,693 66,660 78,159 83,111 105,423 69,473 66,937 4593 - GREEN FEES EXEC COURSE 183,873 182,125 196,147 221,618 232,700 247,326 223,521 4604 - SPONSORSHIP INCOME - - 993 679 - 231 - 4606 - ASSOCIATION FEE 275,894 273,562 277,951 278,741 415,507 300,503 401,915 4607 - CLASS REGISTRATION - 510 300 532 120 1,258 1,080 4609 - ENTERPRISE CASH OVER/SHORT (10) 166 9 39 12 (40) 354 Total Revenues Total Revenues Total Revenues Total Revenues713,695713,695713,695713,695 735,557735,557735,557735,557 758,893758,893758,893758,893 801,023801,023801,023801,023 939,422939,422939,422939,422 778,408778,408778,408778,408 877,217877,217877,217877,217 EXPENSESEXPENSESEXPENSESEXPENSES 5502 - TOTAL COST OF GOODS SOLD (10,004) (13,081) (10,241) (14,891) (11,149) (8,488) (11,196) 6005 - PERSONAL SERVICES (527,627) (569,029) (560,057) (587,012) (620,235) (644,002) (651,311) 6101 - CONTRACTUAL SERVICES (142,006) (173,218) (173,902) (164,067) (157,147) (144,192) (160,822) 6401 - COMMODITIES(100,902) (98,576) (134,148) (116,913) (124,922) (116,002) (109,243) 6801 - CENTRAL SERVICES(49,909) (54,120) (48,112) (49,679) (58,503) (71,105) (72,516) 6901 - DEPRECIATION(38,830) (36,348) (39,809) (39,215) (39,595) (35,551) (31,680) Total Expenses Total Expenses Total Expenses Total Expenses(869,277)(869,277)(869,277)(869,277) (944,370)(944,370)(944,370)(944,370) (966,268)(966,268)(966,268)(966,268) (971,778)(971,778)(971,778)(971,778) (1,011,552)(1,011,552)(1,011,552)(1,011,552) (1,019,339)(1,019,339)(1,019,339)(1,019,339) (1,036,769)(1,036,769)(1,036,769)(1,036,769) Operating Inc/(Loss)Operating Inc/(Loss)Operating Inc/(Loss)Operating Inc/(Loss)(155,582)(155,582)(155,582)(155,582) (208,814)(208,814)(208,814)(208,814) (207,375)(207,375)(207,375)(207,375) (170,755)(170,755)(170,755)(170,755) (72,130)(72,130)(72,130)(72,130) (240,931)(240,931)(240,931)(240,931) (159,552)(159,552)(159,552)(159,552) City of EdinaEdinborough ParkAttachment B 201220122012201220132013201320132014201420142014201520152015201520162016201620162017201720172017Prelim 2018Prelim 2018Prelim 2018Prelim 2018REVENUESREVENUESREVENUESREVENUES 4301 - CHARGES FOR SERVICES 1,243,453 1,423,056 1,325,608 1,336,873 1,366,416 1,585,971 1,436,880 4317 - ADVERTISING SALES- - - - 472 1,138 333 4521 - CONCESSION SALES4,510 - - 232 - 1,432 1,132 4523 - CONCESSIONS - EDINBOROUGH 115,672 138,370 118,850 124,530 135,136 149,195 139,488 4532 - SEASON TICKETS50,348 64,515 63,190 89,769 125,641 148,235 120,559 4541 - GENERAL ADMISSIONS 646,399 755,241 684,881 636,834 617,989 716,309 709,375 4554 - EDINBOROUGH PARK 27,401 68,014 68,680 65,595 59,872 59,988 4,383 4557 - BIRTHDAY RENTAL166,342 165,040 158,878 178,870 191,254 182,557 161,648 4558 - OTHER RENTAL- - - 1,463 - 830 56,901 4584 - LOCKER RENTAL2,052 789 1,530 656 1,398 - 1,685 4585 - SOCK RENTAL12,090 11,523 9,421 9,942 10,619 11,418 12,364 4604 - SPONSORSHIP INCOME- - 1,484 - - - - 4605 - LESSON PROGRAM INCOME - - - 922 2,950 820 1,486 4606 - ASSOCIATION FEE221,242 219,908 219,185 227,686 220,612 314,097 226,669 4609 - ENTERPRISE CASH OVER/SHORT (2,604) (344) (491) 376 472 (48) 856 Total Revenues Total Revenues Total Revenues Total Revenues1,243,4531,243,4531,243,4531,243,453 1,423,0561,423,0561,423,0561,423,056 1,325,6081,325,6081,325,6081,325,608 1,336,8731,336,8731,336,8731,336,873 1,366,4161,366,4161,366,4161,366,416 1,585,9711,585,9711,585,9711,585,971 1,436,8801,436,8801,436,8801,436,880 EXPENSESEXPENSESEXPENSESEXPENSES 5502 - TOTAL COST OF GOODS SOLD (41,237) (80,981) (65,464) (75,116) (79,385) (71,514) (79,521) 6005 - PERSONAL SERVICES (654,628) (649,978) (640,110) (661,123) (704,081) (710,275) (716,701) 6101 - CONTRACTUAL SERVICES (302,339) (328,537) (299,977) (297,819) (288,240) (340,886) (337,828) 6401 - COMMODITIES(141,675) (134,824) (116,404) (133,441) (124,011) (136,232) (138,528) 6801 - CENTRAL SERVICES(54,010) (59,660) (49,558) (51,649) (67,005) (83,017) (79,092) 6901 - DEPRECIATION(161,396) (161,113) (168,732) (175,222) (180,550) (183,781) (189,060) Total Expenses Total Expenses Total Expenses Total Expenses(1,355,285)(1,355,285)(1,355,285)(1,355,285) (1,415,093)(1,415,093)(1,415,093)(1,415,093) (1,340,245)(1,340,245)(1,340,245)(1,340,245) (1,394,370)(1,394,370)(1,394,370)(1,394,370) (1,443,272)(1,443,272)(1,443,272)(1,443,272) (1,525,704)(1,525,704)(1,525,704)(1,525,704) (1,540,730)(1,540,730)(1,540,730)(1,540,730) Operating Inc/(Loss)Operating Inc/(Loss)Operating Inc/(Loss)Operating Inc/(Loss)(111,832)(111,832)(111,832)(111,832) 7,9637,9637,9637,963 (14,637)(14,637)(14,637)(14,637) (57,497)(57,497)(57,497)(57,497) (76,856)(76,856)(76,856)(76,856) 60,26760,26760,26760,267 (103,850)(103,850)(103,850)(103,850) The CITY of EDINA Park Maintenance Agreements Centennial Lakes January 31, 2019 The CITY of EDINABackground •HRA has 35 agreements with properties surrounding Centennial Lakes and Edinborough Park •Agreements formalized support from the developer, surrounding property owners and HRA for a new type of park •Agreements have been in place since development. Centennial Lakes contract dates range from 1988-2000 •Agreements differ slightly based upon duration of contract and annual increase calculation www.EdinaMN.gov 2 www.EdinaMN.gov 3 CL Village Homes – Future Location www.EdinaMN.gov 4 Pinstripes www.EdinaMN.gov 5 www.EdinaMN.gov 6 www.EdinaMN.gov 7 Edinborough Park The CITY of EDINAAgreement Sections •Section 5 Public Maintenance Charge – •“…shall be a benefit to all of the citizens of the City but shall be especially beneficial, due to the proximity and ease of use and enjoyment, to all owners and occupants… benefits of the Park and such landscaping, amenities and parking can best be sustained and fully realized if they are kept in good condition and state of repair; that the owners of the Land and Project, and Lot Owners, should, therefore, help pay the costs of maintaining, operating, repairing, replacing…” •“The provisions of this Section 5 may be amended, from time to time, by an agreement, in writing, signed by the then owner of the Park Site and by at least 75% of all of the then record owners…” •Section 10 Covenants Running With the Land: Duration – “…shall continue up to and including the 30th anniversary of the date of this Agreement and shall then be automatically renewed and extended for a period of 10 additional years…” www.EdinaMN.gov 8 The CITY of EDINA 9 Fees for CL Village Homes www.EdinaMN.gov •Began as $15/month/unit ($180/yr./unit) •Annual inflation increase –(CPI) •No reduction in fee •True up of previous payments in 2017 ($75,000) •Current average payment is $28/month/unit or $332/yr./unit The CITY of EDINAFees by Property www.EdinaMN.gov 10 Property Orig Payment Current Payment # units/sq ft Annual Payment/Unit 30 yr addt'l 10 yr Centennial Lakes Centennial Lakes Phase 1 2,174$ 2,174$ 823,568 0.20$ 2018 2028 Centennial Lakes Phase 2 2,174 2,174 - 0.20 2018 2028 Centennial Lakes Phase 3 2,174 2,174 - 0.20 2018 2028 Centennial Lakes Phase 4 3,536 3,536 - 0.20 2018 2028 Centennial Lakes Phase 5 3,667 3,667 - 0.20 2018 2028 Medical Office Building 1,804 1,727 105,708 0.20 2018 2028 Retail Plaza 3,239 3,180 194,574 0.20 2018 2028 Pinstripes Theater 1,517 1,395 88,880 0.19 2018 2028 Crescent Townhomes/Coventry 1,440 1,440 96 180.00 2025-2030 2035-2040 The Village Homes at CL 3,750 6,954 250 331.60 2019-2021 2029-2031 Edinborough Park Edinborough Corporate Center 3,938 3,937 102,821 0.46 2015 NA Brookdale Living 5,748 6,720 203 386.13 2015 NA Residence Inn Hotel 3,615 - 133 - 2019 NA Village Homes of EP 5,880 5,880 392 180.00 2015-2017 NA Contract dates The CITY of EDINAEstimated 2019-2028 Fees www.EdinaMN.gov 11 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Centennial Lakes Edinborough Park Total The CITY of EDINA Centennial Lakes Financial History www.EdinaMN.gov 12 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 2012 2013 2014 2015 2016 2017 Prelim 2018 Total Expense Total Adjusted Revenue The CITY of EDINA2018 Prelim Revenue and Expense www.EdinaMN.gov 13 Cost of Goods Sold $11k Personal Services $651k Contractual Services $161k Commodities $109k Central Services $73k Depreciation $32k Park Maintenance Fee 37% Park Maintenance Fee One- time 9% Other Revenue 54% The CITY of EDINADiscussion/Recommendation www.EdinaMN.gov 14 •Financial stability of the Centennial Lakes fund •Early termination may lead to additional petitions with total loss of approximately $500k+ annual revenue •Centennial Lakes Village Homes agreements expire 2019-2021 without the 10 year extension and 2029-2031 with the extension •Recommendation –Continue park maintenance fees through agreement(s) 40 yr. termination. Plan to move Centennial Lakes into the General Fund starting with the 2020-2021 Budget. FirstService Residential1801 Amercian Boulvard East, Suite # 21Office: 952-253-3329 email: Mike.Kojetin@fsresidential.com Mayor Hovland and Edina HRA Commissioners: We the Centennial Lakes Condominium homeowners are here before you to provide multiple reasons why the Edina Park fees and covenants are unfair and outdated. We request that you vote with us to end the fees at 30 years. The HRA Commission should be familiar with the Centennial Lakes Village Homes Association Petition signed by over 200 homeowners. On August 23, 2018, committee Chair Lois Ring filed the signatures with Debra Mangen, City Clerk. The Petition signatures exceed the 75% required to amend the covenants; provided you vote with us to end the fee payments at 30 years as is the requirement for this amendment. Our Village Homes Association is a non-profit association. This sets us apart from the businesses that pay Park fees as they have revenue and income. Many of our owners are original owners and have paid fees for all 30 years. In 2018, a settlement fee for back price index increases of $75,000 between the City of Edina and our Association was reached and paid in full. An additional $81,000 total was paid from our monthly Association dues. To put this in perspective, the total paid in park fees in 2018 was more than 10% of the Association's annual budget! The 2018 Real Estate taxes were significantly increased up to 25% for some. Our Village homeowners are "double taxed" with Park fees and Real Estate taxes partly due to the Richfield School district referendum that passed as we are in the Richfield school district. These escalated costs are becoming a hardship for many especially the homeowners who have second mortgages. We understand the Coventry townhomes have a similar agreement except they do not have the price index increase. Their fees are set at $15 per month and their agreement went into effect about 10 years after our agreement. Coventry townhomes are an upscale property. The Edinborough Townhomes also have set fees with no price index increases however they have surpassed their 30 year opportunity to end the agreement. We have affordable housing in two of our buildings. The inconsistent Park fee assessments are discriminatory to Village homeowners. Two of our six Village Homes buildings do not border the Park. They face Edinborough Way or parking lots. Our property now almost 30 years old requires significant funding to restore and replace roofs, siding, gazebos, boilers, plumbing, windows, elevators, and more. Additionally, Village Homeowners maintain the expense for our three-parking lots, however, the City of Edina has an easement to our lots. Park visitors park in our lots as well as enjoy our grounds and gazebos. We are presently planning to remove and replant many over grown trees as well as pursue other structural updates. It is imperative in our association planning to continue funding these expenses in a way that keeps our property a fitting backdrop to this beautiful Park. No other Edina park imposes Park fees on a small fraction of Edina residents. The new multi-million dollar Arden Park restoration, now at planning stage, has no fees to the Edina residents who live along the border of the Park and Minnehaha Creek. The 71 France apartments recently completed in 2015 and the new Lund apartment project approved to be built on the Guitar Center property both border the beautiful Edina Promenade which includes a water feature. Those new residential projects and the developers do not pay Park fees. The City of Edina has an annual budget of about $112 million with an upward trend based on income from new development building permits reported to be multi-million dollar value. The City made an interest free business loan to Simon Properties for $5M. Our taxes and expenses to maintain our property are increasing. The Park fees that have been assessed inconsistently to residents and to Village homeowners are unfair and a hardship to many. We therefore respectfully request to be relieved of the projected $1 million in Park fees over the next 10 years to be paid by our 250 unit homeowners. This amounts to about $4,000 per homeowner. The first covenants' 30 year maturity date is March 18, 2019. The sixth covenants' maturity date is December 21, 2021. Therefore, this would be a gradual REDUCTION in fees for our homeowners and a gradual decrease in income to the City of Edina allowing the city plenty of time to adjust the budget and realize gains from the development projects. Council Member Bob Stewart stated at his last meeting: "He trusts the council will do the right thing." Also, an email response to Mayor Hovland from City Manager Gordon Hughes, who was City Manager when the covenants were written stated: "At the time he did not think beyond 30 years." This favors a vote with the Village Homeowners. A generation has passed; it is time Centennial Lakes Park is maintained by all citizens of Edina. In fairness, we ask you to take this opportunity and vote with us, not against us! Thank You!! Centennial Lakes Village Homeowners January 2019 Date: March 28, 2019 Agenda Item #: V.B. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Policy for use of Public Financial Incentives Discussion Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for discussion purposes only. INTRODUCTION: This item pertains to the policy that guides the use of Tax Increment Financing (TIF) in Edina. From time to time, questions arise from the community regarding the use of T IF. Staff recommends that the policy regarding TIF be clarified and updated to provide increased transparency and to strive for the highest benefit to the general public when TIF is considered. Staff has reviewed best practice and policies from other communities. Staff recommends that additional public input be gathered to inform the updated policy. Input from the HRA is requested as staff prepares to update the TIF policy. ATTACHMENTS: Description Staff Report: Policy for use of Public Financial Incentives Public Input Proposal 2011 TIF Policy TIF 2018 Application March 28, 2019 Chair and Commissioners of the Edina HRA Bill Neuendorf, Economic Development Manager Policy for use of Public Financial Incentives Information / Background: The policy regarding the use of Tax Increment Financing (TIF) was last updated in 2011. In recent years, several recurring questions have arisen from community members regarding the City’s use of TIF. Staff recommends that the policy be expanded, updated and clarified to better articulate positions regarding how tax increment financing or other public financial incentive tools are applied. An updated policy would provide greater transparency to the public and could increase the benefit to the community when public financial incentives are provided. Staff has reviewed policies from several peer communities and drawn from best practice to prepare an outline of topics to guide the preparation of an updated policy. A. Background Statement about Edina B. Purpose and Scope C. Principles D. Desired Outcomes E. (Geographic) Areas of Focus F. Process to Consider Assistance G. Guidelines for Establishments of New TIF Districts H. Guidelines for the use of Property Tax Abatement I. Guidelines for the Transfer of Real Estate J. Communications and Transparency K. Evaluation of Financial Need L. Agreements with Developers M. Public Benefits N. Performance Measures STAFF REPORT Page 2 Staff recommends that community input be taken into consideration when the updated policy is prepared. Public input can be gathered through the www.bettertogetheredina.org online community engagement tool. A public participation proposal is attached for consideration. Based on the direction provided by the HRA Board and taking into consideration best practice and other suggestions and concerns, staff will prepare an updated policy for consideration by the HRA Board in summer 2019. It would be helpful for staff to understand the concerns, priorities and questions of the HRA Board Members regarding the use of TIF, property tax abatement, and other public financial incentives. 1) What are the preferences and concerns of the HRA Board regarding TIF? a. When, where, why, how, who 2) What are the frequent questions or concerns that should be clarified? 3) How can the TIF process be improved? 4) What types of outcomes should be pursued? 5) Should property tax abatement be considered in situations where TIF is not applicable? 6) What other types of public financial incentives should be explored? PROJECT: POLICY REGARDING PUBLIC FINANCIAL INCENTIVES (INCLUDING TAX INCREMENT FINANCING) PROPOSAL DATE: March 28, 2019 PREPARED BY: Bill Neuendorf, Economic Development Manager and MJ Lamon, Community Engagement Coordinator PROJECT DECISION: Decide on changes to Edina’s policy regarding public financial incentives such as Tax Increment Financing. Staff will prepare a recommendation for consideration by the Edina Housing and Redevelopment Authority. PROJECT TIMELINE: April to June 2019 1. DECISION TO BE MADE: CHANGES TO POLICY REGARDING TAX INCREMENT FINANCING. IN-SCOPE ELEMENTS: During this process, the public can influence policy guidelines regarding the future use of public financial incentives, including tax increment financing. TIF is a public financial tool available to municipalities and governed by Minnesota Statutes. INPUT TO BE OBTAINED: Community feedback needs include: • When should TIF be considered? When should it not be considered? • What are the desired outcomes when sites are redeveloped with TIF? • What process should govern consideration of TIF? • What type of public benefits should be delivered with TIF? • What is the acceptable level of risk when TIF is used? • Should property tax abatement be considered when TIF is not applicable? • What other types of public financial incentives should be explored? Which should not? II. PARTICIPATION LEVEL: CONSULT PARTICIPATION GOAL: To obtain public feedback on analysis, alternatives and/or decisions. PUBLIC PROMISE: The City will keep the community informed, listen to and acknowledge concerns and aspirations, and provide feedback on how public input influenced the decision. Public Participation Proposal Public Participation Proposal – Public Financial Incentives/TIF Policy Page 2 The City will seek feedback on drafts and proposals. III. STAKEHOLDERS OUTREACH WILL INCLUDE THE FOLLOWING STAKEHOLDERS: • Community members at large • School Districts • Edina Chamber of Commerce IV. DECISION CRITERIA LEGAL OR TECHNICAL REQUIREMENTS: The policy must abide by Minnesota Statutes that govern tax increment financing, property tax abatement, and municipal government. OTHER CONSIDERATIONS: In addition to public input, the staff recommendation will also consider: • Past policies in Edina • Similar policies of peer communities • Best practice OUT OF SCOPE ELEMENTS: • Individual review of detailed project financials considered to be proprietary and non-public in nature • Decisions already made: o TIF or other public finance incentives will be considered from time-to-time to enable projects that deliver public benefits To: From: Date: Subject ACTION Approve INFORM The City I have a Minneso propose 1. It T 2. It C a 3. It d a A TIF po framewo importan ATTACH Propose MAYO Scott City M April t: PROP N REQUES e proposed MATION/BA y of Edina d dapted this ota Cities an ed policy wo t does not p TIF assistan t requires th City to recap ctually nee t requires a evelopmen ction depos olicy is desi ork for thos nt in an eco HMENTS: ed Tax Incre R OR AND CO Neal Manager 19, 2011 POSED Tax TED: Tax Increm ACKGROU does not cu s policy from nd then sub ould be fairl provide up-f nce. he use of “lo pture the TI ded. pplicants fo nt of the TIF sits. irable for st e early disc onomic dev ement Fina REPO OUNCIL x Incremen ment Financ UND: rrently have m one that w bsequently ly characte front or spe ook back” p IF assistanc or TIF assis F agreemen taff and app cussions be elopment o ance Policy ORT/RE nt Finance ce (TIF) Po e a Tax Inc was origina modified b rized as a c eculative TI provisions i ce if it can b stance to pa nt up front t plicants alik etween staf opportunity. ECOM Agenda It Policy olicy crement Fin ally produce y a numbe conservativ F assistanc n TIF agree be demons ay for all co hrough app ke. It provid ff and applic . MMEN tem HRA Coun nancing Pol ed by the Le r of Minnes ve policy. F ce. It allows ements tha strated that osts associa plication fee des a basic cant which DATIO Item: II. ncil Item: I Action Discuss Informa licy. eague of sota cities. For example s only PAYG t allow for t it was not ated with th es and pre- c deal can be ver ON V.C. sion ation This e: GO the he - ry For the p Authority developm   General T    T M e as St   Policy Pu    E E    H   General T    T la    T a d re    T a    T b    T th p p     purpose of th y (HRA), w ment activiti TIF Definitio he City of E Minnesota St state develo ssociated w tatutes, Sect urpose:  stablish crit dina.  Help insure th TIF Policies:  he use of TI aw as define he use of T ccomplish t escribed in  elated policy IF may be  nd/or redev IF will be pr e considered he City rese he total term roject criter roject.    his policy, th which assist es for the Ci on:   Edina has th tate Statutes opment wit with the dev tion 469.174 teria and gu hat TIF assist IF will be co d in Minnes TIF will only he City’s go its Compre y documents considered  velopment th rovided on a d by the City erves the rig m, on a cas ria, and dem TAX INC he “City” sha s in a var ity of Edina.  he authority s.  TIF uses t thin tax inc elopment.   4 ‐ 469.1799 uidelines for tance is use onsidered fo ota Statutes y be conside oals for hou ehensive Pla s approved b to encoura hat would no a pay‐as‐you y, but will be ght to appro e by case b mand on ser CITY OF  CREMENT FI     all also mean riety of ho   y to use Tax the increase rement fina The comple 9.  r how Tax  d in a consis r projects th s, Section 46 ered on cas using, redev an, Econom by the City C age, stimula ot occur with ‐go basis.  I e at the sole  ove or reject basis, taking  rvices in rela EDINA  INANCING P n the Edina H ousing, rede x Increment  ed property  ancing distri ete TIF Act  Increment F stent and eq hat qualify a 69.174 – 469 se by case  velopment, a mic Develop Council.  te, and att hout the use n certain ca discretion o t the use of  into consid ation to the  OLICY  Housing and evelopment, Financing ( taxes gener icts to pay  can be fou Financing (T quitable man and meet th 9.1799.  basis for pr and econom ment Strate ract desirab e of TIF.  ses, up‐fron of the City Co TIF, the am deration esta  potential b d Redevelop , and econ (TIF) pursua ated by new for certain nd in Minne TIF) is utilize nner.  he general u rojects that  mic develop egies, and o ble develop nt assistance ouncil.  mount of TIF ablished pol benefits from ment  nomic  nt to  w real   cost  esota  ed in  use of  help  ment  other  ment  e may  F, and  licies,  m the   Applicant will pay for all legal and consultant costs associated with the preparation,  processing, review and actual use of TIF.  Applicant will submit to the City a deposit  equal to the total estimated costs for legal and consultant fees.  The City will draw upon  these funds to pay all related expenses.     Applicant will also pay to the City a separate non‐refundable application fee of $2,000 to  reimburse staff costs and cover all other City related costs associated with the  processing the TIF request.     Projects utilizing TIF are responsible for paying their share of Fiscal Disparities  contribution from the project.      The City’s Financial Advisor shall prepare the TIF plan and the applicant will provide to  the City and its financial advisor all information necessary to conduct a financial analysis  of the proposed project.      Tax increment financing assistance will not be provided to projects that have the  financial feasibility to proceed without the benefit of tax increment financing.  The  business or developer shall provide the City with a project financial pro‐forma and a  development budget at the time of application.  In effect, tax increment financing  assistance will not be provided solely to provide an excessive contingency to the project  or broaden a developer’s profit margins on a project.     Prior to approval of a tax increment financing plan, the business developer shall provide  any required market and financial feasibility studies, appraisals, environmental studies,  soil boring information for the project, and other information or data that the City or its  financial consultants may require in order to proceed with an independent  underwriting.  Such information may be public information at the time of submission.     The business developer should provide adequate financial guarantees to ensure  completion of the project and the repayment of the tax increment financing subsidy.   These may include, but are not limited to, assessment agreements, insurance, letters of  credit, etc.     Any business or developer requesting tax increment financing assistance should be able  to demonstrate past successful general development capability as well as specific  capability in the type and size of development proposed.  The developer shall submit a  list of qualifications and references.     The TIF agreement will include “look back” provisions to ensure that the TIF was actually  needed or will be reimbursed unless otherwise determined by the City Council.     The provision of TIF is contingent upon receiving all other necessary project approvals  for the City.     The City will require compliance with the State of Minnesota Business Subsidy Laws in  Minnesota Statutes, Section 116J.993 through 116.997, unless the project meets one of  the business subsidy exceptions. Edina Housing and Redevelopment Authority Application for Local Public Financial Assistance The City of Edina has authority to provide financial assistance to redevelopment projects that provide benefit to the community. The use of tax increment financing and property tax abatement is governed by Minnesota Statute. The City will consider requests for local funding for projects that satisfy community development goals and comply with applicable City policies. The City Council, in its sole determination, will consider whether or not to provide local funding. A request for funding is no guarantee that the City will fund the project. All third-party costs related to evaluation, consideration and implementation of local public financial assistance shall be borne by the Applicant. The out-of-pocket costs to evaluate and process this request frequently range from $30,000 to $100,000 depending on the scope and nature of the project. Additionally, a non-refundable application fee of $2,000 shall accompany this Request to defray staff expenses related to the funding request. These fees are in addition to other fees for additional City services (re-zoning, permits, etc.) This Request Form should be submitted at the same time as an application for rezoning or site plan review is submitted. Section A: Summary Name of Project __________________________________________________ Project Address __________________________________________________ Project PID(s) __________________________________________________ __________________________________________________ Type of Assistance Requested (Check all that apply) ____Tax Increment Financing – Existing District ____ Tax Increment Financing – New District ____City Property Tax Abatement ____ Affordable Housing Gap Financing ____Grant Sponsorship (must also submit separate application) For Internal Use Only Date Received: Received by: Check Name and No. Section B: Applicant Information 1. Name of Applicant (Business) ________________________________________________ Contact Person & Title ________________________________________________ Business Address ________________________________________________ Telephone ________________________________________________ Email ________________________________________________ 2. Contact Information for person directly involved in preparing public finance application Contact Name _____________________________________________________ Business Name _____________________________________________________ Phone _____________________________________________________ Email _____________________________________________________ 3. Contact information for key members of the development team. Also attach a brief description of the development team’s experience and a list of relevant developments: Company Name Contact Name Address Telephone Legal Counsel Finance Advisor Architect Engineer Contractor Property Manager Other 4. Brief Description of Applicant (Business). Include summary of development experience, staffing and financial capacity, construction, operational and management experience. Attach additional pages if necessary. 5. Briefly describe at least two recent projects similar in scope that the Applicant has successfully completed. 6. Provide the names of municipalities where the Applicant has completed similar developments with local public funding assistance in the past five years. 7. Has the Applicant or any related entity filed for bankruptcy or defaulted on a development or construction related agreement in the last seven years? If so, please describe the situation and how resolved. 8. Describe all financial interests of the Applicant (or related entities) in other Edina based businesses or properties. Section C: Financing Information 1. Type of TIF District requested (check one) ____Redevelopment ____Renewal and Renovation ____ Other ____Housing ____Economic Development ____ Not Applicable 2. Describe the specific type and amount of public financial assistance requested. 3. Summarize the Sources and Uses Describe any unusual revenue sources or costs on a separate sheet. Description of Sources Estimated Amount Percentage Equity $ % Debt $ % Grants $ % Deferred Loans $ % Tax Increment Financing $ % Other $ % Total = $ 100 % Description of Uses Estimated Amount Percentage Land Acquisition $ % Soft Costs - Architecture & Engineering - Environmental - Legal Fees - Developer Fee - Other - Sub-total = $ $ $ $ $ $ % Hard Costs - Site Preparation - Environmental Remediation - Construction - Contingency $ $ $ $ - TI Improvement - FFE - Other - Sub-total = $ $ $ $ % Financing and Fees - Property Taxes - Interest, construction period - Leasing/Marketing - Appl. and Permit Fees - Reserves - Other $ $ $ $ $ $ $ % Total = $ 100 % 4. Summarize the extraordinary costs eligible for TIF reimbursement (per MN Statute), if applicable. Description of Expense Total Estimated Amount TIF Request $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total = $ $ 5. Describe why local public financial assistance is needed for this Project. 6. “But for” the use of TIF, would this project proceed? Describe why or why not. 7. Summarize the anticipated change in the property tax base after completion of this project. a) Current Assessed Value ____________________ b) Current Annual Property Taxes Paid $___________________ c) Anticipated Assessed Value after completion ____________________ d) Anticipated Annual Property Taxes Paid after completion $____________________ e) Estimated Growth in Assessed Value (after completion) ______________ (c minus a) f) Estimated Annual Incremental Taxes Paid (after completion) $_____________ (d minus b) Section D: Description of Proposed Development 1. Development Summary (Include information on population served, whether supportive or general occupancy housing). 2. Are changes to the existing zoning, variances or changes to the Comprehensive Plan needed for the proposed development? Describe. 3. If commercial space is included, have occupants or tenants been identified? 4. Describe existing site conditions and surrounding amenities. Include items such as: nearby schools, parks, trails, transportation options, access to employment and access to goods and services. 5. Are any of the existing buildings considered “substandard” based on Minnesota TIF statutes? Describe the condition of the existing building(s). 6. Is the site a Brownfield? ______ If yes, please describe. 7. Describe sustainable elements with attention to the Edina Sustainability Guidelines. 8. Describe the anticipated impact of the proposed project to local service providers. Include the impact on public safety (police and fire), transportation network, parks and recreation and local schools. 9. Project Timeline with Key Milestones, including Rezoning entitlements, financing commitments, Land acquisition, Groundbreaking, Construction period, Substantial completion, Leasing, Full lease up, etc. 10. Will all development costs be incurred within 5 years of the project’s commencement? 11. Unit Mix and Projected Monthly Rents: Unit Type Market Rate 60% AMI 50% AMI Number Estimated Rent Number Estimated Rent Number Estimated Rent Efficiency $ $ $ 1-bedroom $ $ $ 2-bedroom $ $ $ 3 bedroom $ $ $ 4+ bedroom $ $ $ Total Other: 12. Describe the method to comply with Edina’s Affordable Housing policy: construction of on-site units, buy-in, or other. 13. Anticipated Term of Affordability: _______________________________ (15-years minimum) 14. Describe the community benefits should the public financial assistance be awarded and the project delivered. a) Private Investment Leveraged $____________________ b) Other Public Incentives Leveraged $____________________ c) Growth in Local Tax Base $____________________ (item 6f above) d) New Jobs Created (FTE) _______________ e) Temporary Construction Jobs (FTE) _______________ f) Affordably Priced Housing Units Created _______________ g) Public Parking __________________ h) Public Spaces _________________________________________________________ i) Other ADDITIONAL REQUIRED INFORMATION In order to effectively evaluate the request for public financial assistance, additional information is required about the support for and structure of the development project. This information is considered public data unless it qualifies as ‘non-public’ in accordance with Minnesota Statute. 1. Market Study or analysis to document market demand, rental rates, lease-up period, etc. 2. Development Pro Forma, complete and detailed 3. 15-year Operating Pro Form, complete and detailed 4. Appraisal to confirm fair market land/building value 5. Preliminary elevation, site plan 6. Floor plan showing location, arrangement and floor area of existing and proposed uses. 7. Commitment to accept tenants with Housing Choice vouchers (residential developments only) 8. 3-years audit on similar developments (residential development only) 9. Affirmative Fair Housing Marketing Plan (residential developments only) Other supportive information may be requested if needed. Public Release of Data – Tennessen Warning Applications for public financial assistance from the City of Edina and the Edina Housing and Redevelopment Authority (HRA) will be made available to the public upon request in accordance with Minnesota Statutes. Applicants are not required to complete this application form, but if information about the project is insufficient (in the sole opinion of the City of Edina and the Edina HRA), the application will not be evaluated. The following data submitted by persons requesting financial assistance from the City of Edina and the Edina Housing and Redevelopment Authority is deemed to be private or non-public data: financial statements, credit reports, business plans, income and expense projections, customer lists, balance sheets, income tax returns and design market and feasibility reports not paid for with public funds. This data shall become public if the City and HRA provides financial assistance to the applicant except the following, which remain Private or Nonpublic: business plans; income and expense projections not related to the financial assistance provided; customer lists; income tax returns and design, market, and feasibility studies not paid for with public funds. Any information provided in relation to this request for public financial assistance will be made accessible to the following persons or entities: 1. Employees, agents, attorneys and officials of the City and HRA who have a need to know about the information in the course of their duties or responsibilities; 2. Individuals or entities who have obtained a court order for the information; 3. Other persons or entities, if state or federal law subsequently authorizes such access; 4. If litigation arises, the information may be provided in documents filed with the court which are available to the public. If it is reasonably necessary to discuss the information at an HRA meeting, it will be available to members of the public. I HAVE READ AND UNDERSTAND THE ABOVE STATEMENT REGARDING PUBLIC RELEASE OF INFORMATION. __________________________________________ ______________________ Signature Date By signing this Application, I __________________________ attest that I am a duly appointed representative of the Applicant and that to the best of my knowledge, all the information contained herein is accurate and complete. I agree to bear the financial cost incurred by the City of Edina and Edina HRA related to this request. I understand that the financial responsibility remains valid regardless whether or not this request is approved. I fully understand that application for Public Financial Assistance is no guarantee of approval and that all fees are non-refundable. ______________________________ ___________________________ Print Name Signature ______________________________ ___________________________ Title Date Property Owner’s Statement: I am the fee title owner of the property located at ___________________________ and am familiar with the pending request for public financial assistance. I consent to this application including the inspection of this property and the potential inclusion of this property in a future TIF District, if applicable. ______________________________ ___________________________ Print Name Signature ______________________________ ____________________________ Title Date Form Updated November 19, 2018 Date: March 28, 2019 Agenda Item #: VI.A. To:Chair & Commissioners of the Edina HRA Item Type: Other From:Jennifer Garske, Executive Assistant Item Activity: Subject:Correspondence Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: There has been no correspondence since the last meeting. Date: March 28, 2019 Agenda Item #: VII.A. To:Chair & Commissioners of the Edina HRA Item Type: Advisory Communication From:Scott Neal, Executive Director Item Activity: Subject:Go-Ahead Letter Received for 4500 France Avenue Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for information purposes only. INTRODUCTION: This informational item pertains to the redevelopment of vacant buildings located at 4500 France Avenue. The City and HRA entered into a TIF Redevelopment Agreement with Orion 4500 France, LLC in October 2018 to enable the prompt redevelopment of these vacant properties. The developer indicates that funding commitments have been received and the project is expected to proceed on schedule. ATTACHMENTS: Description Staff Memo: Go-Ahead Letter City of Edina • 4801 W. 50th St. • Edina, MN 55424 Economic Development / HRA Phone 952-826-0407 • Fax 952-826-0390 • www.EdinaMN.gov Date: March 18, 2019 To: Scott Neal, HRA Executive Director From: Bill Neuendorf, Economic Development Manager Re: 4500 France Avenue – Go Ahead Letter Please be advised that the developer (Orion 4500 France, LLC) submitted the Go Ahead Letter for the redevelopment of the former Edina Cleaner site on March 14, 2019. This letter is a requirement of the October 2018 TIF Redevelopment Agreement. The letter confirms that the private construction funding has been fully committed to the project and that redevelopment is expected to proceed on schedule. The developer indicates that the environmental remediation has been completed and that full building demolition is scheduled to begin in late March or early April. The date of a formal ground breaking ceremony is pending. This notice from the developer requires no action from the HRA. Housing and Redevelopment Authority Established 1974 March 14, 2019 City Manager/City of Edina Executive Director/ Housing and Redevelopment Authority of Edina, MN Mr. Scott Neal Mr. Bill Neuendorf 4801 West 50th Street Edina, Minnesota 55424 4500 France – Go Ahead Letter Dear Scott & Bill, This letter is submitted pursuant to Section 4.2 of the Redevelopment Agreement by and among the City of Edina, Minnesota, the Housing and Redevelopment Authority of Edina, Minnesota, and Orion 4500 France, LLC, a Delaware limited liability company, dated as of December 18, 2018 (the “Contract”) and is provided as the “Go-Ahead Letter” required under the Agreement. Capitalized terms used in this letter and not defined herein have the meaning given to them in the Contract. The Financing Commitment has been received by the Developer, and the Developer is prepared to proceed with the construction of the Minimum Improvements, in accordance with the Contract. Sincerely, ORION 4500 FRANCE, LLC, a Delaware limited liability company By: Name: ___Ted Carlson____ Its: ____Manager_________ c: Nino Pedrelli, Orion Investments Date: March 28, 2019 Agenda Item #: VII.B. To:Chair & Commissioners of the Edina HRA Item Type: Advisory Communication From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:4435 Parklawn Avenue Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for informational purposes only. INTRODUCTION: This item pertains to existing affordably-priced housing that is at risk of being lost. ATTACHMENTS: Description Staff Memo City of Edina • 4801 W. 50th St. • Edina, MN 55424 Economic Development / HRA Phone 952-826-0407 • Fax 952-826-0390 • www.EdinaMN.gov Date: March 22, 2019 To: Scott Neal, HRA Executive Director From: Bill Neuendorf, Economic Development Manager Re: 4435 Parklawn Avenue It has come to staff’s attention that an existing apartment building located at 4435 Parklawn Avenue is on the market and available for sale. This property was originally constructed in 1965 and contains 36 units. Each of these units appears to be priced to households earning about 60 percent Area Median Income. This property is considered to be a “naturally occurring affordable housing” or NOAH. The current owner has listed the property for sale and is presenting this as a value-add opportunity for an investor who might remodel the units and increase the rents. Depending on the intentions of the future buyer, this may be another opportunity in which the HRA steps in to preserve the affordability of the units. Staff will continue to monitor the situation and will alert the HRA if action is warranted. c. Stephanie Hawkinson, Affordable Housing Development Manager Housing and Redevelopment Authority Established 1974