HomeMy WebLinkAbout2004-139 Council Resolution•
CITY OF LINO LAKES
RESOLUTION NO. 04-139
RESOLUTION APPROVING A CON '1'RACT FOR PRIVATE DEVELOPMENT
BETWEEN THE LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY,
THE CITY OF LINO LAKES AND LEGACY HOLDINGS/LINO LAKES, LLC
BE IT RESOLVED By the City Council ( "Council ") of the City of Lino Lakes, Minnesota
( "City ") as follows:
Section 1. Recitals.
1.01. The Lino Lakes Economic Development Authority ( "Authority ") administers
Development District No. 1 (the "Project)" pursuant to Minnesota Statutes, Sections 469.124 to
469.134 ( "Development District Act ").
1.02. The Authority, the City and Legacy Holdings/Lino Lakes, LLC (the "Developer ")
have proposed to enter into a into a Contract for Private Development (the "Contract "), setting forth
the terms and conditions of redevelopment of certain property within the Project, referred to
generally as the Legacy at Woods Edge Project.
• 1.03. The Council has reviewed the Contract and finds that the execution thereof and
performance of the City's obligations thereunder are in the best interest of the City and its residents.
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Section 2. City Approval; Further Proceedings.
2.01. The Contract as presented to the Council is hereby in all respects approved, subject
to modifications that do not alter the substance of the transaction and that are approved by the
Mayor and City Administrator, provided that execution of the documents by such officials shall be
conclusive evidence of approval.
2.02. The Mayor and City Administrator are hereby authorized to execute on behalf of the
City the Contract and any documents referenced therein requiring execution by the City, and to
carry out, on behalf of the City its obligations thereunder.
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Approved by the City Council of the City of Lino Lakes, Minnesota this I P — of
0 ciro 6,ilv , 2004.
ATTEST:
City Clerk
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85 E. SEVENTH PLACE, SUITE 100
SAINT PAUL, MN 55101 -2887
651- 223 -3000 FAX: 651-223-3002
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MEMORANDUM
TO:
FROM:
SPRINGSTED
Advisors to the Public Sector
Gordon Heitke, Director of Administration Lino Lakes
Michael Grochala, Community Development Director Lino Lakes
Mary Alice Divine, Economic Development Coordinator Lino Lakes
Al Rolek, Finance Director Lino Lakes
Paul Steinman, VP Housing & Economic Development
Terri Heaton, Senior VP Client Representative
Mikaela Huot, Project Manager
CC: Steve Bubul, Kennedy & Graven
DATE: September 20, 2004
SUBJECT: Legacy at Woods Edge Project Analysis
Revised section on minimum assessment/value agreements
This purpose of this memo is to provide an outline of the primary development points of the
Legacy at Wood's Edge project.
Background
The project as proposed includes a geographic area of about 40 acres. Of that, approximately
half lies within TIF District 1 -11, a redevelopment district. This split development is a bit unique,
and provides a number of financial advantages to the City which will be discussed later in this
memo. The following states the value of new construction for each component of the proposed
project:
• Outside the TIF District $60,131,100 - $68,006,100
• Inside the TIF District $55,785,000 - $69,855,000
Total estimated final value of project $115,916,100 - $1 37,861,100
The build -out schedule anticipates the final commercial and multi - family projects will be
completed in 2008, allowing full value of the development to be assessed 2009 for taxes
payable 2010.
This Hartford proposal has been under consideration for about a year. Since that time staff and
Springsted, along with Kennedy & Graven, legal counsel, have held numerous meetings to
discuss the major development points of the project — including planning, timing, financing,
CORPORATE OFFICE: SAINT PAUL, MN • Visit our website at www.springsted.com
IOWA • KANSAS • MINNESOTA • VIRGINIA • WASHINGTON, DC • WISCONSIN
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City of Lino Lakes
September 20, 2004
Page 2
infrastructure improvements, YMCA commitments, Metropolitan Council grants, and most
specifically the developer's request for assistance.
Special Assessments
Typically, a maximum special assessment amount would be established within the development
agreement including a waiver from the developer requiring acceptance of special assessments
up to that amount. Should the project come in below the estimated costs, the special
assessments would then be reduced accordingly.
Total estimated infrastructure costs, as identified in the feasibility study, include the following:
TABLE 1
Sanitary Sewer
$8,382,027
$242,590
Water Main
Tax increment and other sources toward Lake Drive improvements
$492,356
Storm Sewer
Total cost (assessed to developer)
$5,382,865
New
$647,115
Reconstruction
$210,819
Street
New
$1,060,196
Reconstruction
$573,807
Streetscape
$1,246,717
Community Green
Streetscape
$147,736
Park Improvements
$442,541
Lake Drive
$2,401,521
Street Lighting
$916,630
Total Project Cost Estimate
$8,382,027
The following revenues m ay be applied to reduce the cost to the developer:
TABLE 2
Total Project Cost Estimate
$8,382,027
Park Dedication fees (paid by the developer and sub - developer s)
($442,541)
($2,401,521)
($155,100)
Tax increment and other sources toward Lake Drive improvements
Other sources (trunk utility fund)
Total cost (assessed to developer)
$5,382,865
Proiect Assistance
Tax Increment Financing (TIF) can be used to pay for a variety of costs related to this project.
The City also has as an additional potential source of assis tance, the Livable Communities grant
of $450,000, which the developer has req uested to reduce the extraordinary costs of site
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City of Lino Lakes
September 20, 2004
Page 3
grading associated with the project. The following proposal has been negotiated in response to
their initial request for assistance.
TABLE 3
TIF, Century Farms, County funds, Fairview land sale proceeds;
to pay Lake Drive im provements
$2,401,521
TIF assistance to provide a land write down
$2,700,000
Livable Communities grant
$ 450,000
Improvement Bonds to pay infrastructure costs
$5,382,865
Total assistance package
$5,551,521
Based on this proposal we have estimated approximately 16 years of tax increment to pay the
TIF expenses. Attached is a TIF analysis based upon the following primary assumptions:
• $57.1 million of new value constructed by 2009
• No inflation to new values through the term of the di strict
• Present value rate of 6%
You will note earlier in this memo that the developer estimated the in- district value to be in the
range of $55,785,000 - $69,855,000, with all but about $2 million of construction to be
completed in 2006. For the purpose of creating a conservative analysis, we used a reasonable
low side of their range, and extended their buil d -out to 2009, in addition to a 0% inflation rate on
new value through the life of the T IF District.
Deal Structure
The deal is proposed to be structured and financed through a variety of tax increment bonds
and pay -as- you -go notes, special assessment bonds, internal funding, a nd Metropolitan Council
grants.
The general financing structure is proposed followed by a narrative expl anation of each:
TABLE 4
Sources
A)
GO Tax Increment Bonds to pay for a portion of
the Lake Drive improvements
$2,285,999
TIF
B)
Improvement Bonds to pay infrastructure costs
$5,382,865
Assessments
C)
Tax Increment pay -as- you -go note to Developer
$1,000,000
TIF
D)
Internal loan to Developer — A portion to be
reimbursed by Met Council Grant, if not, then
reimbursed with TIF
1,700,000
TIF
*Bond
A) GO Tax Increment Bonds to pay for a portion of the Lake Drive improvements
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City of Lino Lakes
September 20, 2004
Page 4
The total estimated cost of Lake Drive improvements is $2,401,521. It is proposed that several
sources of revenue be applied to reduce that cost. F unds from Anoka County ($7,500), Century
Farms ($25,500), and the Fairview Land Sale ($82,522) would all be available when needed to
directly reduce the estimated cost of the project and, as a result, the size of the bond issue. A
summary follows:
TABLE 5
Total cost of Lake Drive
$2,401,521
Anoka County
$7,500
Century Farms
$25,500
Fairview Land Sale
$82,522
Total GO Tax Increment Bond
$2,285,999
Pooled TIF from Panattoni is not available up -fron t, but would be pledged to pay a portion of the
debt service over the next 8 years as the increments are annually paid.
__As tax increment is_ generated -an- nua ll-y, the first priority for its- use - would -be-to -pay debt- service - -- - - - - --
on these bonds.
B 1m • ro - u infrastructure costs
The total estimated cost of the improvements is $8,382,027, proposed to be reduced by other
revenues as shown in Table 2 to $5,382,865, which woul d be identified in the development
agreement as the maximum assessment amount. Improvement bonds are proposed to be
issued to pay $5,382,865 of infrastructure cost s, which will be assessed to the developer.
C) Tax increment pay-as-you-go note to developer
We are recommending a land write down in the am ount of $2,700,000 total, with $1,000,000
provided in the form of a 16 -year pay -as- you -go note, carrying a 6% interest rate. The
remaining land write down is described in D below.
D) Internal loan to Developer — A portion to be reimbursed by Met Council Grant, if not, then
reimbursed with TIF
The developer has requested that $1,700,000 be provided near the be ginning of the project to
reduce out of pocket expenditures related directly to the redevelopment property. We have
negotiated several m easures to securitize these "up- front" dollars in the followi ng manner:
• It would not be paid until completion of demolition of all buildings within the
District, removal of the billboard, and approval of the prelim inary plat for the
townhome development.
• When it is paid, it would be put in escrow with a requirem ent that it not be
released until such time as the first building permit is obtained on the townhome
project.
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City of Lino Lakes
September 20, 2004
Page 5
The City will receive, through the purchase of City owned land, approximately $2,200,000 from
the developer at the tim e of closing. It is envisioned that this, in com bination with the
Metropolitan Council grant, may be the source of funds need ed to provide the land w rite down.
The grant would potentially provide $1,000,000 and the City then would loan $700,000 to the
project. The City would anticipate being reim bursed in full through tax increments generated
from the district over a 16 year period.
Without the grant, a gap of $1,000,0 00 exists in the project. As a possible fall back position, the
City may consider increasing its loan to the project through the use of its land sale proceeds.
This amount, $1,700,000, would then be reimbursed in full through tax increments generated
from the district over a 16 year period.
Security
There are three primary financing components proposed for this project. These include:
a) General Obligation bonds, both TIF and Improvement
a. General Obligation bonds will become general obligation of the taxpayers if other
sources of revenue are not available to service debt.
b) Internal loan — to be reimbursed with tax increm ent
a. If tax increment is not available to provide the reim bursement, the City will have
little or no recourse to collect its money and repay its internal I oan.
c) Developer pay -as- you -go note — to be paid only to the extent tax increme nt is available
a. The developer is only paid if there is sufficient tax increm ent to do so.
The following measures have been taken to leverage City assistance and maximize its security.
1) Minimum assessment agreements and m inimum value requirements
a) The City's security primarily rests upon the construction of buildings w ithin the TIF
District, which create taxable value. One of the m ethods of assuring that the value that
is projected for the District, is actually constructed and maintained throug hout the life of
the District, is to have the developer execute minimum assessment agreements for each
parcel. The developer has argued that minimum assessment agreements will be an
impediment to development on a site that already will bring some challenges to
attracting commercial and housing developers. Staff and Springsted agree tha t
specifically the commercial components of the developm ent face stiff competition from
nearby sites, even after the provision of assistance to the project. On one hand the City
needs development to occur in the TIF District to generate necessary revenue to pay
costs, and on the other hand it needs security that such development meets and
maintains certain taxable m arket value thresholds. After several negotiation sessions on
this issue, we are comfortable recommending the following approach:
i) That a minimum value agreement be put in place on the owner - occupied
components of the developm ent, with the agreement dropping off proportionately as
each individual unit is sold.
ii) That a minimum value agreement be put in place on the re ntal components of the
development, with the agreement dropping off when a building perm it is issued on
the building(s) meeting the value requirements.
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City of Lino Lakes
September 20, 2004
Page 6
iii) That the development agreement contain a provision that a m inimum assessment
agreement will be required for any components of the project that wil I continue to be
owned by the Developer. As with any standard minimum assessment agreement, it
will continue in force on any components of the project owned by the Developer.
These agreements will provide some surety that a certain level of i ncrement will be
initially generated. It does not shelter the City from any changes such as to class rates,
or changes in the tax increment I aw or other property tax laws in general.
2) Assessment to developer
a) $5,382,865 will be assessed to the developer after construction of the infrastructure
improvements to the project. Should the final assessment amount be less, the total
assistance amount would be reduced by an equal sum.
3) Up -front assistance
a) This scenario will apply regardless whether the Metropolitan Council grant is approved.
The $1,700,000 "up- front" dollars will not be paid until specified benchmarks have been
met, and once these are met the dollars will be placed in escrow until such a time as the
first building permit is issued on the townhome project. The benchmarks for placing the
$1,700,000 in escrow are:
i) Acquisition, demolition, relocation of TIF properties has been com pleted
ii) Removal of the billboard in the TIF District
iii) Approval by the City Council of the preliminary plat for the townhome development
within the TIF District.
4) Priority distribution of annu al increment
a) The tax increment bonds will receive 1st priority for annual distribution of increment.
b) The remainder of annual increment will be proportionately distributed to reimburse the
City on its internal loan and to reimburse the developer on its pay -as -you- go note. Of
the remaining annual increment after debt service on bonds, the following distribution
would occur based on whether the M etropolitan Council grant is received:
TABLE 6
Loan Amount
% of annual
increment
distribution
City internal loan, without Metropolitan
Council grant
$1,700,000
62.96%
Developer pay -as- you -go -note
$1,000,000
37.04%
City internal loan, with Metropolitan Council
grant
$700,000
41.18%
Developer pay -as- you -go -note
$1,000,000
58.82%
Additional Deal Points
It is important to note that the developer is sharing a fair am ount of the risk in this project by
financing approximately $7.9 million in acquisition costs and agreeing to $5,382,865 in
assessments. The developer has also crafted a project which will satisfy the infrastructure
requirements of the YMCA. The developer is estimating their costs at approximately
$17,000,000, which includes the following:
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City of Lino Lakes
September 20, 2004
Page 7
$7,917,754
Land Acquisition
$225,000
Third Party Reports
$900,000
Municipal fees
$648,324
Other City Charges
$750,000
Grading
$1,520,000
Financing Costs
$5,382,865
Assessments
$17,343,943
TOTAL
The developer has agreed to provide a minimum 20% of affordable units within the project.
Additional definition of the term "affordable" will be contained within the development
agreement.
On the issue of the distribution of rental units vs. owner occupied, the developer has agreed to a
range of rental units between 40% and 50% of the total. Their initial estimate is 192 rental units
out of a total 450 units, or 4 3%
Tax Revenue Comparisons
As stated earlier in this memo, the Legacy project is unique because ap proximately half of the
new value proposed wi II lie outside TIF District 1 -11. If we only use the minimum projected
values the amounts are:
• Outside the TIF District
• Inside the TIF District
$ 60,131,100
$ 55,785,000
TOTAL $115,916,100
By comparison, the Marketplace development, on about the same size parcels (40 acres), is
projected to have a market value upon full buil d -out of approximately $33,500,000. This
comparison shows that the value projected outside the TIF District alone, is almost 2 times
greater than the Marketplace development at full build out, and the total projected value (in
district and out) is about 3.5 times greater. Estimated tax revenues for each of the two
developments, after deducting for fiscal disparities, are shown in the following table:
TABLE 7
Marketplace
Legacy at Woods Edge
City
$175,858
City
$554,019
Anoka County
$146,472
Anoka County
$461,445
Forest Lake SD
$86,800
Forest Lake SD
$273,452
Other
$26,503
Other
$83,495
TOTAL
$435,633
TOTAL
$1,372,411
The unique distribution of TIF and non -TIF tax base provides significant benefits to the City as
the project will, immediately upon completion, generate tax base w hich benefits all Lino Lakes
taxpayers. The developer has shown that without assi stance, neither the TIF tax base nor the
non -TIF tax base will occur, therefore there is not a negative fi nancial impact resulting from this
project. Rather, because of the unique TIF and non -TIF tax base planned, it can be arg ued that
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City of Lino Lakes
September 20, 2004
Page 8
the non -TIF tax base will provide revenues to s upport the service requirements of the entire
project.
AGENDA ITEM 6C
STAFF ORIGINATOR: Mary Alice Divine
DATE: 09/27/04
TOPIC: Public Hearing: Consideration of Resolution No. 04-
139, Approving a Redevelopment Contract for Legacy
at Woods_ Edge
Vote Required: Simple Majority
BACKGROUND:
On November 24, 2003 the City established TIF District No. 1 -11. This district is
a 25 -year redevelopment district intended to provide a source of revenue for
development of the city's downtown area, known as Woods Edge.
Hartford Group, Inc. has submitted a proposal for development of this project,
estimated to develop market value in the range of approximately $116 million -
$138 million: This proposal is-in-keeping with the city's Comprehensive Plan,
which designates the area for high density, pedestrian oriented mixed -use. The
Comprehensive Plan's objective for development of this site is to establish a
central gathering place, or "downtown" for residents that will be a source of
community identity and pride.
This development has not occurred solely through private efforts and Hartford
Group has requested public participation to develop in a manner consistent with
the Comprehensive Plan goals for this site. In addition, improvements to Lake
Drive and the 35W bridge may justify some public expenditure.
The major components of the Redevelopment Contract are explained in the
attached report from Springsted, the city's financial consultant on the project.
The city's Economic Development Advisory Committee has reviewed the
applicant's request and recommended approval of the proposal. EDAC also
recommended that the city pursue addressing the 35W bridge replacement
option to take best advantage of the $2.4 million in Lake Drive improvements.
EDAC also recommended the city continue to pursue senior housing options.
Members want to encourage a senior rental component, but do not want to tie a
developer to pursue options the market does not support.
After taking public testimony, staff recommends the public hearing be continued
to Monday, October 11, 2004 at 6:30 p.m. On October 11 both the EDA and the
City Council will consider approving the Redevelopment Contract .
RECOMMENDATION:
Open the public hearing.