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2017-02-28 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. Ims'l MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, FEBRUARY 28,2017 6:55 P.M. MOUND CITY COUNCIL CHAMBERS Page 1. Opening the meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: Feb 14, 2017 regular meeting 1-3 4. Action approving claims 4-7 5. Finance Director Catherine Pausche requesting action on a resolution 8-11 authorizing the close out of Fund 680 (HRA - Public Housing), transfer 11 of the remaining reserves to IKM Limited Partnership, LLC, and recording of remaining financial activity in Fund 285 (Governmental HRA Special Revenue Fund) 6. Adjourn February 14, 2017 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, February 14, 2017, at 6:55 p.m. in the council chambers of the Centennial Building. Members present: Chair Mark Wegscheid, Jennifer Peterson, Jeff Bergquist, Ray Salazar, and Kelli Gillispie Members absent: none Others present: City Manager and Director of Public Works Eric Hoversten, Director of Finance and Administrative Services Catherine Pausche, City Attorney Troy Gilchrist Public Present: Steve Rettler, Roxanne Goodwin, Bethany Slicerson, Anna Hedstrom, and Peter Norton 1. Open meeting Chair Mark Wegscheid called the meeting to order at 6:56 p.m. 2. Approve agenda MOTION by Salazar, seconded by Bergquist, to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Gillispie, seconded by Bergquist, to approve the minutes of the Jan 24, 2017 regular meeting. Wegscheid, Peterson, Gillispie, and Bergquist voted in favor; Salazar abstained. Motion carried. 4. Approve claims MOTION by Salazar, seconded by Gillispie, to approve the claims in the amount of $23,182.96. All voted in favor. Motion carried. 5. Action on a resolution authorizing acceptance of an Application for Public Financing Pausche started the discussion by saying the HRA/City Council approved ADMIN -004 Tax Increment Financing (TIF) Policy in June of 2016 which sets objectives and criteria for granting TIF on a project by project basis. Pausche said that in addition to providing for affordability in the new assisted living development, the project also meets other criteria like expanding the tax base, adding new jobs, adding a mixture of housing options not currently available, remediation of blighted land, and improved storm water treatment. Pausche emphasized that approving the resolution effectively accepts the application for further analysis and consideration, but does not imply TIF will ultimately be granted. Pausche said there have been projects discussed where Staff feels TIF would not be warranted, but that Staff feels consideration of TIF in this instance is appropriate and that the next step would be to hire a financial advisor to do the analysis, at the expense of the developer. Pausche said the intent is to have the HRA Board accept the application in order to avoid time and expense only to have the HRA reject it outright. Salazar asked Pausche to explain how TIF works and the terms of the Pay as You Go Note. Pausche said that Mound has granted TIF related to three downtown redevelopment projects. The first district, Commerce Place with Wells Fargo and Thrifty White decertified a few years ago. The second district is the Mound Marketplace and Village by the Bay Development and the third district is the Harbor District. Pausche said in the case of Mound Marketplace, there was both a bond issued by the City for the project for which TIF generated is used to repay-1-nd also a subordinate "note" which the City splits any HRA Minutes — February 14, 2017 excess TIF to pay off the bonds early and make payments on the developer's note. To the extent TIF fails to materialize before the note's maturity, the City will no longer be liable. Pausche said that in the Harbor District, the City issued the "Dump Bonds" to pay for the Lost Lake dredge, soil remediation and other improvements in the Harbor District and that the former developer met the value of the improvements they were obligated to make prior to the recession. This released the developer of liability, and when the recession hit and TIF dried up, the City chose to levy for the bonds instead of defaulting. Pausche said that with the Pay as You Go Note the developer is requesting, they will only be paid if the TIF is generated. The City will not be asked to issue bonds that puts us at additional risk as in the case of the Harbor District. Pausche noted that the TIF policy states the City will issue the minimum amount and duration of TIF and that the financial advisor will use this directive while analyzing the pro -forma to make their recommendation. Roger Fink, Sr. Vice President of Trident Development, LLC, said that Trident Development has done 6 to 8 TIF projects with the most recent in Farmington. Fink said they requested significantly more TIF in the Farmington project, but that Ehlers, the financial advisor, recommend a lesser amount. Fink said the requested TIF for Harrison Bay Shores is more in line with the final negotiated amount in Farmington. Fink said state statute limits what are eligible costs for TIF to things like site acquisition, earth work and utilities, or basically the "foundation on down." In addition, statute limits the amount of TIF based on the frozen base of tax capacity and then the incremental tax capacity created by the improvements. The actual TIF can vary by community because of the different tax rates for cities, counties and school districts. Salazar asked how the 90% was determined and Fink said that a 10% administrative deduction is kept by the City. Salazar asked the total project cost and Fink said approximately $16M. Salazar asked how many years has Trident been considering this project in Mound. Fink said they started with the Mound Harbor District, then looked at the Langdon District before settling on the old Anthony's property. Salazar said he remembers a discussion with Fink's partner when Salazar served on the Facilities Committee and storage for public works was also being considered on the Anthony's property Salazar said he was told at the time the developer would not be asking the City for money. Salazar asked Fink to sell him on the need for TIF and why less than 10% of the total project cost is so necessary. Fink said that the project meets the majority of objectives in Mound's TIF policy, including increased tax values, job creation, affordable housing and a new housing option. Fink said he thought the project deserves to be considered for TIF because it meets these objectives. In addition, Fink said as the project costs are developed in relation to the market rents, additional pressure on the bottom line can put project feasibility into question. Fink said statute permitting housing TIF districts was created to help offset the difference between market rate rents and services and amounts received when residents are on a subsidy program, like the Title 19 Elderly Waiver. Housing TIF ensures at least 20% of the units are reserved for those who could not otherwise afford it. Discussion ensued as to what the differences are between private pay housing and services and those on the Elderly Waiver program. Fink noted that many residents spend down their assets while in assisted living and it has been his partnership's practice not to make them relocate even if they can't continue to afford it. Chair Wegscheid stated that it was important that the Board not confuse approval of the application with the approval of TIF and he applauded Trident's commitment to exploring many opportunities in Mound and seeing value in our community. Wegscheid acknowledged that it is a business and margins matter and that the City was pleased to be working with such a financially sound group, demonstrated by the way they weathered the recession. -2- HRA Minutes—February 14, 2017 Pausche said that it should be noted that she expects the financial advisor's analysis to recommend some level of TIF. Salazar said he is frustrated that with all the meetings and dialogue to date that this request had not been brought forth sooner. Pausche said the land use approvals are separate, and that all the work on the TIF Policy last June was in anticipation of this application as well as others. Wegscheid noted that the TIF policy states that meeting the criteria is not a guarantee of award of TIF and approval or denial of one project is not intended to set precedent for approval or denial of another project. Wegscheid also noted that this is just accepting the application and not approving TIF. Chair Wegscheid said he would accept a motion at this time. Motion by Gillispie, seconded by Peterson. Discussion ensued with Salazar thanking Mr. Fink and stating he could see the potential benefit of TIF for this project, especially when it comes to the affordability aspect. All voted in favor. Motion carried. RESOLUTION NO. 17-03H: RESOLUTION AUTHORIZING ACCEPTANCE OF AN APPLICATION FOR PUBLIC FINANCING 5. Adiourn MOTION by Peterson, seconded by Bergquist, to adjourn at 7:45 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -3- Chair Mark Wegscheid 1 :l Nw 0,f, A W-41 m CITY OF MOUND 02/16/17 9:32 AM Page 1 Payments Current Period: Closing 2016 Batch Name 2016HRA-AP5 User Dollar Amt $482.10 Payments Computer Dollar Amt $482.10 $0.00 In Balance Refer I ASPEN WASTE SYSTEMS, INC. AP Payment E 680-49800-384 Refuse/Garbage Disposa DECEMBER 2016 WASTE DISPOSAL- IKM $482.10 Invoice S1355625-12011 12/1/2016 Transaction Date 2/16/2017 Due 12/31/2016 Accounts Payable 20200 Total $482.10 Fund Summary 20200 Accounts Payable 680 HRA PUBLIC HOUSING $482.10 Pre -Written Checks Checks to be Generated by the Computer Tota I $0.00 $482,10 $482.10 $482.10 Payments Current Period: Closing 2016 02/22/17 3:23 PM Page 1 $3,107.01 Pre -Written Checks $0.00 Checks to be Generated by the Computer $3,107.01 Total $3,107.01 N Batch Name 2016HRA-AP6 User Dollar Amt $3,107.01 Payments Computer Dollar Amt $3,107.01 $0.00 In Balance Refer 1 HENNEPIN COUNTY TREASURER AP Payment E 680-49800-438 Licenses and Taxes 2016 RENT -PILOT CONTRACT NO. C-858- $3,033.15 2020 COMMERCE BLVD- IKM- PROPERTY SOLD 12-12-16 Invoice 022217 2/21/2017 Transaction Date 2/22/2017 Due 12/31/2016 Accounts Payable 20200 Total $3,033.15 Refer _ _2 KENNEDY AND GRAVEN AP Payment G 680-15500 Prepaid Items BALANCE INDIAN KNOLL MANOR SALE $73.86 LEGAL SVCS THRU JAN 31 2017 Invoice 135830 2/17/2017 Transaction Date 2/22/2017 Due 12/31/2016 Accounts Payable 20200 Total $73.86 Fund Summary 20200 Accounts Payable 680 HRA PUBLIC HOUSING $3,107.01 $3,107.01 Pre -Written Checks $0.00 Checks to be Generated by the Computer $3,107.01 Total $3,107.01 N CITY OF MOUND 02/22/17 3:19 PIVI Page 1 Payments Current Period: February 2017 Batch Name 022317HRAMAN User Dollar Amt $806.00 Payments - Computer Dollar Amt $806.00 $0.00 In Balance Refer I IKM LIMITED PARTNERSHIP LLC Cash Payment G 680-20200 Accounts Payable REIMB IKIVI LTD PTR FOR TENANT $806.00 DEPOSITS JAN 2017 #305 $355; #407 $471 Invoice 022317 2/23/2017 Transaction Date 2/22/2017 Due 2/22/2017 Wells Fargo HRA 10120 Total $806.00 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $806.00 Pre -Written Checks $0.00 Checks to be Generated by the Computer $806.00 Tota 1 $806.00 $806.00 -7- February 23, 2017 To: HRA Board Chair and Commissioners From: Catherine Pausche, Finance Director/Clerk/Treasurer Re: Final actions to close out the sale of IKM A resolution is attached that will authorize the final steps to close out the sale of Indian Knoll Manor (IKM) to Aeon and its partnership, IKM Limited Partnership, LLC (IKMLTD). Through the agreement signed by HUD, the HRA and Aeon/IKMLTD, any remaining reserves shall be transferred to the project to help fund improvements (see attached Exhibit D from HUD RAD Conversion Commitment Contract). We anticipate the claims batch in this agenda packet will be the last and that the remaining reserves to be transferred to the project will be approximately $180,000, slightly higher than the estimate used in the Exhibit D Sources and Uses. A wire transfer in the amount of these remaining funds will be processed on March 1, 2017, pending approval of the attached resolution, which will close out the HRA checking account related to IKM. Correspondingly, Fund 680, the Enterprise Fund for IKM will be closed as the HRA is no longer involved with this property. The loan activity and any residual expenses, none of which are anticipated, will be recorded in Fund 285, the Governmental HRA Special Revenue Fund. Please let me know if you have any questions related to this matter at (952)472- 0633 or via email at catherinepausche@cityofmound.com. In EXHIBIT D Total Sources ( 13,212,353 In USES Budding & Land Acquisition Other Costs Payoff Existing Loans Construction Costs Relocation Costs Architecture Engineering PCA Borrower's Legal Counsel Lender's Legal Counsel Feasibility Studies Environmental Reports Appraisal / Market Study Accounting Survey Other Costs: Marketing, impact Fees, FFE, Construction Testing, Soft Cost Contingency, Elevator Repair Cost. FHA MIP FHA Application Fee FHA Inspection Fee Financing Fee Organizational Costs Title insurance/Exam Fee Recordation Fee Closing Escrow Agent Fee Prepayment Penalty Payables Construction Interest Construction Loan Fees Cost of Bond Issuance Other Costs: Hazard, Liability, Builders Risk Insurance, Taxes During Construction Initial Deposit to Replacement IOD Escrow Operating Reserve Tax and Insurance Escrow Developer Fees Total Uses Page 43 2,691,20C 7,630,352 40,000 239,100 172,000 95,000 25,000 25,000 22,000 40,000 15,000 250,356 99,655 12,000 35,000 43,125 94,000 50,000 25,000 223,565 1,115,000 13,211,353 HUD Form 52624 SOURCES Public Housing Operating Reserves Pnor Year Public Housing Capital Funds Replacement Housing Factor Low Income Housing Tax Credit Equity - 4% Low Income Housing Tax Credit Equity - 9% Other: First Mortgage Other: HOME Other: Private Funds Other: Sales Tax Rebate Other. MHFA PARIF Loan Other. MHFA Other: City of Mound Other: City of Mound Loan Other: City of Mound ERF Loan Other: 160,614 7,716,116 410,000 500,000 100 134,541 885,000 115,000 2,500,000 400,000 390,982 Total Sources ( 13,212,353 In USES Budding & Land Acquisition Other Costs Payoff Existing Loans Construction Costs Relocation Costs Architecture Engineering PCA Borrower's Legal Counsel Lender's Legal Counsel Feasibility Studies Environmental Reports Appraisal / Market Study Accounting Survey Other Costs: Marketing, impact Fees, FFE, Construction Testing, Soft Cost Contingency, Elevator Repair Cost. FHA MIP FHA Application Fee FHA Inspection Fee Financing Fee Organizational Costs Title insurance/Exam Fee Recordation Fee Closing Escrow Agent Fee Prepayment Penalty Payables Construction Interest Construction Loan Fees Cost of Bond Issuance Other Costs: Hazard, Liability, Builders Risk Insurance, Taxes During Construction Initial Deposit to Replacement IOD Escrow Operating Reserve Tax and Insurance Escrow Developer Fees Total Uses Page 43 2,691,20C 7,630,352 40,000 239,100 172,000 95,000 25,000 25,000 22,000 40,000 15,000 250,356 99,655 12,000 35,000 43,125 94,000 50,000 25,000 223,565 1,115,000 13,211,353 HUD Form 52624 aeon 414 To Catherine Pausche, Director of Finance and Administrative Services, City of Mound From IKM Limited Partnership Date February 23, 2017 Re Request to Release Existing Indian Knoll Manor Reserves On behalf of Aeon, the .Managing General Partner of IKM Limited Partnership, please allow this memorandum to serve as a written request for the release of the existing Indian Knoll Manor reserves to Commercial Partners Title. Per Exhibit D of the HUD RAD Conversion Commitment executed by the Mound Housing and Redevelopment Authority on October 13, 2016, the existing reserves will be utilized as a construction source for the rehabilitation and new construction of Indian Knoll Manor. Should you have any questions regarding this request, please contact Blake Hopkins at (612) 746- 0517. Thank you, Eric Schnell Chief Operating Officer, Aeon Managing General Partner of 11C Limited Partnership 901 No 3" Street, # 150, Minneapolis, MN 55401 612-341-3148 Main 612-341-4208 Fax www.aeommn.org Ell MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO 17- H RESOLUTION AUTHORIZING THE CLOSE OUT OF FUND 680 (HRA - PUBLIC HOUSING), TRANSFER OF THE REMAINING RESERVES TO IKM LIMITED PARTNERSHIP, LLC, AND RECORDING OF REMAINING FINANCIAL ACTIVITY IN FUND 285 (GOVERNMENTAL HRA SPECIAL REVENUE FUND) WHEREAS, the Mound Housing and Redevelopment Authority of Mound, Minnesota (the "HRA") transferred ownership of its 50 -unit low rent public housing project known as Indian Knoll Manor (the "Project') in the city of Mound to Aeon, a non-profit developer and operator of affordable housing and its tax credit limited partnership, IKM Limited Partnership, LLC, on December 12, 2017; and WHEREAS, per Resolution No. 16-12H approved on October 25, 2016, the HRA dissolved its status as a Public Housing Authority (PHA) with regard to HUD programs effective December 31, 2016; and WHEREAS, the HRA committed any remaining reserves to be transferred to the project to help fund improvements to the Project; and WHEREAS, the HRA has executed a loan agreement with Aeon and its tax credit limited partnership that will ensure that the agreed upon improvements to the Project will be made and the Project will remain affordable; NOW THEREFORE, BE IT RESOLVED, by the Board of the Mound Housing and Redevelopment Authority to direct Staff to close Enterprise Fund 680 (HRA - Public Housing), transfer any remaining reserves to the IKM Limited Partnership, LLC, and close the Wells Fargo checking account related to this fund. BE IT FURTHER RESOLVED that the Mound Housing and Redevelopment Authority directs staff to record any financial activity related to the loan agreement or miscellaneous close out expenses with Aeon and its tax credit limited partnership in the Governmental HRA Special Revenue Fund (Fund 285). Adopted this 28th day of February, 2017, Attest: Catherine Pausche, Clerk -11- Chair Mark Wegscheid