HomeMy WebLinkAbout19890605_joint225 MINUTES OF TBE JOINT MEETING OF THE
EDINA HOUSING AND REDEVELOPMEN!l! AUTHORI!CY/COUNCIL
J"E 5, 1989
1 HELD AT CITY HBI;L
A joint meeting of the Edina Housing and Redevelopment Authority and the City
Council was convened to consider: 1) Hawthorn Hotel Development, 2) Conveyance of
Phase I1 Condominiums - Centennial Lakes, 3) Award of Bids - Centennial Lakes -
Phase I Deck Waterproofing, 4) Tax Increment Financing Assistance - RPI Services -
Edina Homestead, and 5) Resolution Adopting Special Law Relating to Edina Transit
System & Public Bidding.
R0I;LCBI;L Answering rollcall were Commissioners/Members Paulus, Rice and Richards.
(Commissioner/Member Kelly arrived at 7:20 p.m.)
MINUTES of the Joint HRB/Council Meeting of April 17, 1989 were approved by motion
of Commissionerpember Paulus, seconded by Commissionerflember Rice.
Ayes: Paulus, Rice, Richards
Motion carried.
PUBLIC HEARING ON EDINBOROUGH - HAWTHORN HOTEL DEVELOPMENT CONTINUED INDEFINITELY
Assistant Manager Gordon Hughes informed the Council that the proponents, Hawthorn
SuitesHotel, had asked for an indefinite continuance of their request for Rezoning
and Final Development Plan approval.
indefinitely would mean a new hearing date would be set, with notice mailed and
published, when they wished to have the proposed development back on the Agenda.
Motion was made by Commissionerpember Rice to continue indefinitely the public
hearing on Edinborough - Hawthorn Hotel Development.
Commissioner/Member Paulus.
He explained that continuing the hearing
Motion was seconded by
Ayes: Paulus, Rice, Richards
Motion carried.
PHASE I1 CONDOMINIUMS - CENTENNIAL LAKES CONVEYED HRA Executive Director Hughes
advised that the condominiums developer is ready to proceed with construction of
the Phase I1 condominium building - Centennial Lakes.
is expected on or about June 9, 1989 with construction to follow immediately.
Staff would recommend that the HRA authorize the Chairman and Secretary to execute
documents conveying the Phase I1 condominium lot to the developer.
be conveyed on the same terms and conditions as Phase I was conveyed.
Closing of this conveyance
The land will
Commissioner Rice said there has been discussion that some changes may be made,
e.g. installation of an elevator.
it would happen with the Phase I11 building and the developer would come before
the HRA at that time to justify any proposed change.
Chairman Richards called for public comment on the proposed conveyance of Phase I1
condominiums. No comment being heard, Commissioner Paulus introduced the
following resolution and moved its adoption:
BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment
Authority of Edina, Minnesota (the "HRg"), as follows:
redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision
15, designated as the Southeast Edina Redevelopment Plan, and have approved
various amendments thereto (as so amended, the "Redevelopment Plan"). Acting
pursuant to the Redevelopment Plan, the HRA has acquired certain land in the area
included in the Redevelopment Plan and it has been proposed that the HRA sell and
transfer a portion of such land to the East Edina Housing Foundation (the
"Foundation"), pursuant to a Land Sale Agreement by and between the HEW and the
Foundation (the "Agreement"). By a resolution adopted March 7, 1988, the €IRA
Director Hughes said that if there is a change
RESOLUTION RATIFYING AND AUTHORIZING THE
EXECUTION AND DELIVERP OF VARIOUS DOCTJMENTS
1. Recitals. The HRA and the Edina City Council have previously approved a
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226
approved the form of the Agreement and authorized any two officers of the ERA to
execute and deliver the Agreement on behalf of the HRA with such modifications as
vere deemed appropriate and approved by the Chairman and the Executive Director of
the HRA. Pursuant to such authorization the Chairman and Vice Chairman of the ERA
executed and delhered the Agreement dated on or as of March 14, 1988.
Subsequently,.by resolution dated September 12, 1988, the ERA approved execution
and delivery by any two officers of the HRA, on behalf of the ERA, of an Amended
and Restated Land Sale Agreement and Contract for Private Redevelopment between
the ERA and Foundation with such modifications as the attorney for the ERA and
lkecutive Director of the ERA should approve (the "Amended Agreement").
to such authorization the Chairman and Secretary of the HRB executed and delivered
the Amended Agreement dated on or as of September 30, 1988. In connection with
the transactions contemplated by the Amended Agreement, it is now proposed that
Phase I1 ofthe Condominium Development be commenced on the property described on
aibit Ahereto (the "Phase I1 Condominium Property") and that the Phase I1
Condominium Property be conveyed pursuant to the Amended Agreement and on the same
terms and conditions as the Phase I Condominium Property was conveyed with such
changes and modifications as may be approved by the Executive Director and the
Attorney to the ERA.
Any two officers
of the ERA are authorized and directed to execute such instruments and agreements
as may be required or be desirable to accomplish the conveyance of the Phase I1
Condominium Property pursuant to the Amended Agreement with such changes and
modifications as may be approved by the Executive Director and Attorney for the
ERA.
HRB shall be conclusive evidence of the approval of such documents by the ERA in
accordance with this Resolution.
Pursuant
2. Authorization for Execution and Deliverv of Documents.
The execution of such instruments and agreements by any two officers of the
EXHIBIT A
THE HOMES AT CENTENNIAL LAKES
PHASE I1 CONDOMINIUM LAND DESCRIPTION
All that part of IxlT 1, BLOCK 2, SOUTH EDINA DEVELOPMENT ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota, described as follows:
Commencing at the southeast corner of said LOT 1; thence on an assumed
bearing of North 00 degrees 14 minutes 09 seconds West, along the
easterly line of said LOT 1 for 100.00 feet; thence North 18 degrees 11
minutes 57 seconds East, along said easterly line for 47.23 feet to the
actual point of beginning; thence South 89 degrees 45 minutes 51
seconds West for 148.64 feet; thence North 45 degrees 14 minutes 09
seconds West for 35.67 feet; thence North 00 degrees 14 minutes 09
seconds West for 187.78 feet; thence North 89 degrees 45 minutes 51
seconds East for 25.93 feet; thence North 00 degrees 14 minutes 09
seconds Uest for 77.00 feet; thence North 89 degrees 45 minutes 51
seconds East for 153.00 feet to said easterly line of LOT 1; thence South 00
degrees 14 minutes 09 seconds East, along said easterly line
for 274.80 feet; thence South 18 degrees llminutes 57 seconds West,
along said easterly line for 16.02 feet to the point of beginning. M\*& Dated as of the 5th day of June, 1989.
Chairman
/u Exechfiw Director
Motion for adoption of the resolution was seconded by Commissioner Rice.
Rollcall :
Ayes: Paulus, Rice, Richards
Resolution adopted.
6/5/89 227
BID AWARDED FOR CENTENNIAL TAKES - PHASE I DECK WATWPROOFING Executive Director
Hughes explained that the proposed project is the deck waterproofing for the Phase
I Centennial Lakes building.
undertaken by the HRA that will benefit the condominiums.
Motion was made by Commissioner Rice for award of bid for Centennial Lakes - Phase
I Deck Waterproofing to recommended lov bidder, Nichols & Hlnes, Inc., at
$5,138.00.
This work is part of the public improvements I
Motion was seconded by Commissioner Paulus.
Ayes: Paulus, Rice, Richards
Motion cayried.
REQUEST FOR TAX INCREMENT FINANCING ASSISTANCE - RPI SERVICES - EDINA HOMESTEAD
C0NTI"ED TO 6/19/89 Executive Director Hughes recalled that on April 3, 1989,
the HRA considered the preliminary request of RPI Services for tax exempt bonds
and tax increment financing assistance for a proposed project in the northwest
quadrant of Parklawnpork Avenues. The proposed project is an 80 dwelling unit
development designed for frail elderly.
between traditional senior housing and a rest home. Based upon Council direction
on April 3, staff had met with the developers of the project to outline the terms
of a proposed agreement concerning bond issuance and tax increment financing.
The project is designed to fill the gap
The bonds would be similar to the housing revenue bonds which the City issued for
the Edina Park Plaza and Vernon Terrace projects.
would require that 20% of the proposed units be available at rents affordable to
low and moderate income individuals. Even though this legislation is pending, if
passed it will impose the 20% requirement on the project.
similar to that imposed at Edina Park Plaza and Vernon Terrace.
Pending federal legislation
This requirement is
The tax exempt bond issue is proposed to be an un-rated issue which would be
privately placed to institutional investors.
that individual local investors would not be affected in the event of a default on
such bonds.
Under this arrangement, it is felt
Director Hughes explained that the proposed tax increment financing assistance for
the project would be similar to that extended to Edina Park Plaza.
proposed agreement, the HRA would agree to make an annual loan to the project of
$70,000.
thereafter.
By way of the
The annual loans would commence in 1991 and would continue for 20 years
Each annual loan would be conditioned upon the following:
1. The tax increment generated from the development would have to be
at least $70,000 annually. If less than $70,000, the annual loan
would be for the actual tax increment generated.
The annual loan would be made upon receipt of evidence that the current
year's real estate taxes had been paid.
Federal law would have to require that 20% of the units would be
available to low and moderate income residents.
2.
3.
The annual loans would continue for 20 years but not later than 2009. If the
annual payments extend for the full term of 20 years, the project then must repay
all annual loans to the HRA with interest over the subsequent 20 years. If,
however, the project is sold to an unrelated entity, converted to a condominium or
other type of housing, or refinanced, the annual loan payments by the HRA would
terminate and all prior payments made would have to be repaid immediately, but
without interest.
by a second mortgage.
In connection with the proposed development, the developers are prepared to make a
dedication to the City of $40,000.
incurred by the HRA in connection with the project.
The repayment of the annual loans by the HRA would be secured
The developers would also pay all legal fees
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22%
Director Hughes pointed out that the proposed tax increment financing assistance
for this project would result in an essentially risk-free position for the HRA.
Under the proposed agreement, the HRA would make annual loan advances only if the
taxes are paid by the development and only in an amount which does not exceed the
tax increment generated from the payment of such taxes.
projects in the Southeast Edina Redevelopment Plan Area would not be required to
assist the proposed development.
.
Increments from other
Director Hughes concluded the presentation by saying that if the HRA wished to
assist this project, staff believes that the terms outlined represent fair and
reasonable contribution on the part of the City and the HRA.
defaults of housing revenue bonds in the City, the HRA may wish to discuss with
the developers the credit worthiness of the proposed tax exempt bond issue.
There are three approaches that the HRA could take: 1) Insist that this be a rated
bond issue, 2) That the bond issue be an un-rated issue, as proposed by the
developers, that would be sold only to an institutional investor who would submit
to the HRA an investment letter acknowledging that the investor understands the
risks of the program, with the bonds being issued in large denominations that
would avoid re-sale to small investors, and 3) That the bond issue be rated and
guaranteed but also be required to be sold to an institutional investor.
In light of recent
Director Hughes advised that Larry Olson, RPI Services, was present to answer
questions.
present, this matter be continued to June 19, 1989. Director Hughes noted that
final rezoning and plat approval for the development are scheduled for that date.
Mr. Olson suggested that at this time the Council review the work they have done
with the staff to determine if, basically, they are on the track that they were
looking at back in April. Craig Avery, representing the developers, confirmed
that they were here to open the proposal for discussion, that they would be
incurring some costs in negotiating a development agreement with the City and
would be reluctant to do that without additional input from the Council.
Commissioner Paulus asked: 1) How this money would be used in the project, 2) How
this project would avoid the need for refunding of the bonds as was recently done
for the Edina Park Plaza project, and 3) Because this project is specialized,
would there be less risk of it not reaching full occupancy.
explained that the tax increment assistance would be directed at providing the
internal subsidy needed to make 20% of the units affordable for low and moderate
income individuals. He said that if a bank would guarantee the bond issue at a
fee, if this were to default the bank would play the role of the FHA as in the
case of Edina Park Plaza, or in essence would provide a safety net for the
bondholders.
it will not be fully occupied because the operating entity in this project is the
same as at 7500 York and there would be somewhat of a captured market. It may be
more risky in that it is a specialized project, e.g. smaller rooms, specialized
arrangement that may make it less adaptable to a re-use for other than frail
elderly.
this project as was done with Vernon Terrace and Edina Park Plaza.
said that the City is not at risk on the bonds as it relates to those two
projects.
revenue issues and are backed only by the revenue of the building and are not
backed by the general obligations of the City.
rating of the City for general obligations bonds per se, but could possibly affect
the marketability.
Mayor Richards suggested that, because only three Council Members were
Director Hughes
As to full occupancy, Director Hughes said there is less risk that
Member Paulus said her concern would be the risk of having to bail out
Mayor Richards
Director Hughes confirmed that both those bond issues and this one are
A default would not affect the
(Commissioner Kelly entered the meeting at this point.)
Chairman Richards asked if there would be a $40,000 dedication to the City
regardless of what is done on issuance or non-issuance of the bonds. Director
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229
Hughes explained that it is a larger dedication than would be expected under a
traditional park dedication scenario.
Chairman Richards asked what the public benefit would be if the City were to issue
the bonds.
in the local area. Market studies show that approximately 80% of the tenants will
come from within a five mile radius so that there is a direct benefit to the frail
elderly of Edina.
facility also.
would be a loan which would be repaid to the City, with repayment secured by a
second mortgage. The non-profit part of the development group is the Ebenezer
Society who will own the property.
Mr. Olson explained that the facility is designed to serve residents
Chairman Richards observed that would occur with a market rate
Mr. Olson said that the structure of the tax increment financing
Commissioner Kelly said that she looked on this as a unique facility that would
provide a different type of senior housing.
designed to care for the frail elderly in a manner that would provide them the
ability to live with dignity in a more residential type of facility, rather than
an institutional type such as a nursing home. Assisted living has been designed
to meet the unique needs of this segment of the population and is a new and hybrid
type of living arrangement.
other than the one at Minnetonka.
Commissioner Rice commented that he had looked at the Minnetonka facility and
thought it was fabulous.
He asked why there was a need to subsidize the one proposed for Edina. Mr.
Olson explained that the Minnetonka facility was developed in 1983 through Altcare - a joint venture between General Mills and the Wilder Foundation who contributed
in excess of $1.5 Million to the research and development of the project. The tax
increment assistance on the Edina facility would allow them to serve the 20% low
and moderate income as would be required by pending federal legislation.
Commissioner Rice asked if that is required as of today. Mr. Olson said that it
was not.
bonds today, bond counsel would not give them an opinion because of the pending
legislation; they would not be marketable without meeting that requirement.
subsidy would go to the 20% tenants who meet the test for low and moderate income
and who would be subsidized $300-400 per month.
project in Minnetonka, General Mills guaranteed the note with the bank.
As to how this would benefit Edina, Mr. Avery said that they have an opinion
letter from their counsel that says they can focus their marketing and set up a
list of only Edina residents who would have first right of refusal if there were a
vacancy in the building.
indicated that they could not fill the facility with market rate rents of
$1400-1600 per month.
that they do not feel they can build the project without the tax exempt financing
and without the low and moderate income requirement they have to meet as a part of
that. Chairman Richards asked if any profit making organization would be
involved.
revenue bonds it is absolutely necessary, from the time this facility is in use
and during the time those bonds are outstanding, that it be totally owned by a tax
exempt organization.
Commissioner Rice said he still was confused concerning the effect pending
legislation has on this project and asked when this would be resolved.
Mr. Avery it is his understanding that the pending legislation is a technical
correction to a law that has already been passed and that everyone feels it will
be passed this session with an effective date as of introduction which goes back
to January. He said if for some reason this legislation does not pass they would
not use the tax increment financing at all but would use tax exempt housing bonds
and all units would be market rate.
Mr. Olson confirmed that it would be
He said that there is no other facility of this type
It is fully occupied, is non-subsidized and is doing . well.
Mr. Avery elaborated that, if they would go to the market with these
The
He added that, on the Homestead
I
Chairman Richards asked if their market research
Mr. Avery said he did not know the answer, but
Mr. Avery said that by law in order to qualify for these housing
He said Ebenezer will be 100% owners.
Director Hughes elaborated that tax exempt
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would mean the project is exempt from
estate taxes, so it would continue to
income taxes but is not exempt from real
generate a tax increment.
Commissioner Rice asked for clarification of the repayment of the loan and
interest payment.
beginning of the repayment period.
the project is sold or converted, the principal amount of the loan is repaid to
the City without interest.
in the 22nd year the repayment would likewise be accelerated but the HRA would
also have accrued two year's interest.
Commissioner Kelly asked if the agreement, whereby if the project is sold the loan
payments would have to be repaid but without interest, is customary and if it is
similar to other projects in the City. Director Hughes said that in the case of
Edina Park Plaza it bore interest.
based on people earning 80% of the median income; the subject project is based on
people earning 50% of the median income so there is a greater subsidy that needs
to be made for the 20%.
has been a grant to acquire the land in other projects, e.g. South Haven, Summit
Point, Oak Glen.
assisting in these types of projects to meet a need in the community and that she
did not want to make it so easy that the building could be sold to a private party
that would not accommodate those needs.
Director Hughes explained that interest starts to accrue at the
If at any point prior to the repayment period
If it is after the 20-year period and a sale occurred
In that situation the 20% requirement was
He noted that loans by the HRA are uncommon; typically it
Commissioner Kelly said her concern was that the City is
Chairman Richards stated that he did not think the case had been made for public
assistance and that perhaps it may be better to issue a check each month to those
people who need the subsidy.
of which are in default and said that of the options suggested by staff he would
opt that if issued the bonds be required to be rated and guaranteed.
He alluded to the other two revenue bond issues both
Commissioner Kelly said that she would like to see the market study statistics for
this we of facility to know where they are capturing this type of occupant in
the community.
Commissioner Rice made a motion that the request of RPI Services for tax increment
financing assistance for Edina Homestead be continued to June 19, 1989.
was seconded by Commissioner Kelly.
Motion
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
RESOLUTION ADOPTED APPROVING SPECIAL LAW RELATING TO EDINA "RANSIT SYSTEM
Director Hughes reported that Chapter 241, has been signed into law on May 25,
1989.
Edina and to establish a special service district to provide funding for the
operation of that system.
HRA need not require public bidding and performance bonds in connection with
public improvements benefitting housing projects within the Southeast Edina
Redevelopment Plan area.
This law permits the City to operate a public transit system in southeast
The law also provides that the City of Edina and the
In order to become effective, the HRA and the City must adopt a resolution which
authorizes acceptance of Chapter 241.
Commissioner Rice introduced the following resolution and moved its adoption:
Staff would recommend adoption.
aESOLUTION APPROVING CHAPTW 241,
MNNESOTA LAWS. 1989
The Housing and Redevelopment Authority of Edina, Minnesota hereby approves
Chapter 241, Minnesota Laws. 1989, as required by such law and pursuant to
Minnesota Statutes, Section 645.021, Subd. 2, and the Executive Director is
directed to file with the Secretary of State a certificate of approval as required
by Minnesota Statutes, Section 645.021, Subd. 3.
I
I
6/5/89 231
vl Dated this 5th day of June, 1989. (n" A c/ # c
Chairman
Motion for adoption gf the resolution was seconded by Commissioner Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
There being no further business on the joint HRA/Council agenda, motion of
Commissioner Kelly was seconded by Commissioner Paulus for ad
Motion carried unanimously.
ent of the HRA.
2&%-U
City Clerk