Loading...
HomeMy WebLinkAbout10/06/2004 Council MinutesCITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED • 1 2 3 CITY OF LINO LAKES 4 MINUTES 5 6 DATE : October 6, 2004 7 TIME STARTED : 5:40 p.m. 8 TIME ENDED : 8:17 p.m. 9 MEMBERS PRESENT : Councilmember Carlson, Stoltz and 10 Mayor Bergeson 11 MEMBERS ABSENT : Dahl and Reinert 12 13 14 Staff members present: City Administrator, Gordon Heitke; Community Development 15 Director, Mike Grochala; City Engineer, Jim Studenski; Community Development 16 Coordinator, Mary Alice Divine (part); City Planner, Jeff Smyser (part); and Finance 17 Director, Al Rolek (part) 18 19 20 CSAH 14 PROJECT, JIM DVORAK/SRF 21 22 Mr. Jim Dvorak, SRF Consulting, stated SRF has been working with Anoka County on • 23 the CSAH 14 (Main Street) reconstruction project. He referred to a preliminary layout of 24 the improvements to CSAH 14 within the City of Lino Lakes. He stated MnDOT has 25 come up with a preliminary plan for the interchange. He indicated he would like to 26 discuss the access issues on 21' Avenue. The plan shows a median with no turn lanes 27 that may cause problems to business owners in that area. He noted the reason for the 28 median is for safety issues due to the close proximity of the interchange area. The plan 29 currently shows a trail on one side and sidewalk on the other side of CSAH 14. He 30 recommended the City look at some type of northern loop for another connection to that 31 area. 32 33 Community Development Director Grochala noted the CSAH 14 project does not include 34 the interchange improvements. It is anticipated improvements will be made to the 35 interchange but that is not part of this project. 36 37 Mr. Dvorak noted he is not aware of any funds that have been committed to the 38 interchange improvements. 39 40 Mr. Dvorak advised SRF is meeting with the City of Centerville next week to review the 41 preliminary plan. The road issues have been worked out through the County Park. He 42 stated he believes the final plans will be completed in March 2004. It is anticipated that 43 construction would begin on the project in the spring of 2006. 44 45 Mr. Dvorak noted the next public meeting in Lino Lakes is scheduled on October 26, 46 2004, 5:00 — 7:00 p.m., at Chomonix Golf Course. 47 CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED • 1 LEGACY PROJECT — REVIEW OF REDEVELOPMENT CONTRACT, MIKE 2 GROCHALA AND MARY ALICE DIVINE 3 4 Community Development Director Grochala stated Steve Bubul, Kennedy & Graven, has 5 been working extensively on the development contract for the Legacy Project. Mr. Bubul 6 is present this evening to discuss the major points of the contract. 7 8 Community Development Director Grochala reviewed the numbers relating to the 9 housing that the developer has committed to within the project in response to Council 10 discussions. The developer has committed to a total minimum of 60 senior units. The 11 developers are continuing to work on a variety of senior alternatives including 12 condominiums, cooperative housing, assisted living and rental. 13 14 Mr. Bubul reviewed the following summary of the Contract for Private Redevelopment 15 Between Lino Lakes Economic Development Authority, City of Lino Lakes, and Legacy 16 Holdings/Lino Lakes, LLC: 17 18 I. Land Acquisition/Platting/Zoning. 19 20 A. The "City Parcel" is the parcel now owned by the City, located outside the 21 TIF District. The "TIF Parcel" is the parcel now owned by the Tagg's, located 22 within the TIF District. Together, these parcels are referred to as the •23 "Development Property." 24 25 B. Developer will acquire the City Parcel (under a separate purchase 26 agreement with the City); and Developer will acquire the TIF Parcel from the 27 Tagg's (under an existing purchase agreement). Developer indemnifies the City 28 and EDA from any claim related to relocation benefits in connection with TIF 29 Parcel. 30 31 C. Developer must obtain final plat and PUD approval consistent with a 32 Master Site Plan. In connection with those actions, the City and Developer will 33 enter into a "Planning Contract" that addresses typical planning and land use 34 requirements. 35 36 II. Direct Financial Assistance. 37 38 A. The EDA will provide a total of $2.7 million in assistance toward 39 acquisition of the TIF Parcel. Up to $1.7 million will be in the form of an 40 interfund loan, and $1 million will be in the form of a tax increment revenue note 41 (referred to as the "Note"). In addition, the City will provide $450,000 from Met 42 Council grant funds for site work. 43 44 B. Interfund Loan: 45 46 1. The City will provide up to $1,700,000 from sale of the City Parcel • 47 to fund an interfund loan. If the City receives additional Met Council grant 48 money, those funds will be used to reduce the amount of the interfund loan. CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED • 1 2 2. The interfund loan (and any grant monies) will be placed in escrow 3 when these conditions have been met: 4 5 • Closing on the TIF Parcel 6 • All buildings on TIF Parcel have been demolished. 7 • Billboard on TIF Parcel has been removed 8 • Final plat for townhome development has been approved. 9 10 3. The interfund loan (and any grant monies) will be disbursed from 11 the escrow when these conditions are met: 12 13 • City has issued the first building permit in the townhome 14 development 15 • EDA and Developer have entered into Assessment 16 Agreements setting minimum market value sufficient to 17 create enough increment to pay the interfund loan (and TIF 18 Bonds, if they have been issued at the time). 19 20 If these conditions are not met within two years after funding the escrow, 21 the monies are released back to the EDA. 22 23 4. The EDA will approve an interfund loan resolution that specifies a 24 payment schedule, with interest set at the maximum rate permitted by statute 25 (currently, 4%; the rate changes annually). 26 27 C. TIF Note. 28 29 1. The TIF Note will be issued at closing on acquisition of the TIF 30 Parcel. The initial principal amount will be $1 million, with interest at 6%. 31 32 2. The TIF Note will be paid solely from 90% of the tax increment 33 generated by the property in the TIF District. This note is always subordinate to 34 the TIF Bonds (described in part IV below), and is subordinate to the interfund 35 loan as well until Assessment Agreements have been signed that produce enough 36 increment to pay the TIF Bonds, the interfund loan, and the TIF Note. From then 37 on, the interfund loan and the TIF Note are on "parity" (which means increment is 38 applied based on the relative outstanding amounts of those obligations). 39 40 3. If the total special assessments on the Development Property are 41 less than $5,382,565, the Note will be reduced on a dollar for dollar basis. 42 43 D. Met Council Grant. The City will disburse grant funds for site work on 44 the TIF Parcel, subject to all the terms and conditions of the grant agreement 45 between the City and the Met Council. • 46 • • • CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED 1 E. The Developer must pay the City and EDA's out-of-pocket costs in 2 connection with this project. 3 4 F. The financial assistance is exempt from statutory business subsidy law 5 requirements, because the Developers investment in land and site improvements 6 will exceed 70% of the current market value of the TIF Parcel. 7 8 III. Minimum Improvements and Additional Improvements. 9 10 A. Generally, the Developer is required to develop the entire Development 11 Property according to a specified phasing schedule. Improvements built within 12 the TIF District are referred to as the "Minimum Improvements," and the 13 improvements built outside the TIF District are referred to as the "Additional 14 Improvements." 15 16 B. The Minimum Improvements consist of a "Commercial Component," a 17 "Rental Housing Component," and an "Owner -Occupied Housing Component." 18 The required construction schedule for these components is summarized as 19 follows: 20 21 Commercial Component: 47,200 square feet by the end of 2006; 22 additional 52,200 square feet by the end of 2007; additional 10,000 square feet by 23 the end of 2008; and additional 5,000 square feet by the end of 2009. 24 25 Rental Housing Component: 16 units by the end of 2005; additional 32 26 units by the end of 2006; and additional 16 units by the end of 2007. 27 28 Owner -Occupied Housing Component: 41 units by the end of 2005; 29 additional 41 units in each of the years 2006, 2007 and 2008. 30 31 C. The Additional Improvement requirements and phasing schedule to be 32 determined. [Note: these improvements do not generate tax increment.] See part 33 D, below for discussion of particular covenants that may apply to the Additional 34 Improvements. 35 36 D. Covenants regarding housing types. 37 38 1. At least 60 percent of all housing units (inside and outside the TIF 39 Distsrict combined) must be owner -occupied. 40 41 2. At least 60 housing units (inside and outside the TIF District 42 combined) must be senior, whether owner -occupied or rental. If owner - 43 occupied, they may be the same units that are "affordable," as described 44 below. 45 46 3. At least 90 units (inside and outside the TIF District combined) 47 must be affordable as described in this paragraph. CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED • 1 2 • At least 60 units must be rental units that meet the income 3 and rent limits for federal tax credits (generally, 40% of the 4 units at 60% of median income, or 20% at 50%). 5 • At least 30 units must be owner -occupied, sold at a 6 purchase price, and to initial buyers, that meet the Met 7 Council price and income limitations for affordable owner - 8 occupied housing. 9 10 E. Assessment Agreements. By at least the required dates for completion of 11 each component of the Minimum Improvements described in part B above, the 12 Developer must enter into Assessment Agreements that set a specified minimum 13 market value for the component or portion thereof. Assessment Agreements at 14 specified levels must in any case be in effect before the interfund loan is disbursed 15 (See Part II.B above) and before TIF Bonds are issued (See Part III.0 below) 16 17 IV. Public Improvements. 18 19 A. The City will construct all streets, sewer, water, stormsewer and related 20 infrastructure to serve the entire Development Property (referred to as the "Public 21 Improvements"). The City will also construct improvements to the Lake Drive/I- 22 35 intersection (referred to as the "Lake Drive Improvements"). .23 24 B. The City will assess the Development Property for most of the cost of the 25 Public Improvements, up to a maximum of $5,382,865. Park dedication fees and 26 a small amount of City utility funds will also be used. 27 28 C. The City will finance the Lake Drive Improvements mostly through 29 issuance of general obligation tax increment bonds (the "TIF Bonds"). The City 30 is not required to issue the TIF Bonds and begin the Lake Drive Improvements 31 until the Developer has signed Assessment Agreements that provide sufficient tax 32 increment to pay both the TIF Bonds and the interfund loan (described in Part II 33 above). As noted above, the TIF Bonds have the first claim on all tax increment. 34 35 V. Transfer/Partners. 36 37 The Developer may not assign or other transfer its rights and obligations under 38 Contract without the EDA's prior consent in writing. However, it is anticipated 39 that the Developer will sell portions of the Development Property to 40 subdevelopers (each a "Subdeveloper") and transfer certain rights and obligations 41 under the Contract to those parties to undertake certain portions of the project. 42 The EDA must approve the Subdeveloper and the terms of the transfer in writing 43 in each such case. This approval does not apply for any transfer to an affiliate of 44 the Developer. 45 •46 47 48 CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED • 1 VI. Defaults. 2 3 If Developer defaults (for example, fails to complete a component of the Minimum 4 Improvements as scheduled), the EDA may withhold payments under the Note. If 5 property has been transferred to a Subdeveloper, the required improvements will be 6 allocated to that Subdeveloper, and the EDA may withhold increment only from the 7 parcel that is in default. However, default in the overall required housing types 8 (described in Part III.D) will allow withholding of increment from the entire TIF 9 District. 10 11 Economic Development Coordinator Divine advised copies of the development contract 12 will be distributed in the Friday update. 13 14 This item will appear on the regular Council agenda Tuesday, October 12, 2004, 6:30 p.m. 15 16 UPDATE: HARDWOOD CREEK OPEN HOUSE, MIKE GROCHALA 17 18 Community Development Director Grochala advised on September 20, 2004, Hardwood 19 Creek, LLP, held a public informational meeting at the Lino Lakes Senior Center. 20 Approximately 20 community residents attended. He reviewed a summary of comments 21 received at the meeting noting the developer is in the process of setting up a website for 22 presenting information to the community on the project and for residents to send in 23 comments. The website will be linked to the City of Lino Lakes website. • 24 25 DSU Corridor Planning/AUAR Contract — Community Development Director 26 Grochala stated that while the proposed Hardwood Creek development provides an 27 opportunity to master plan a large area, the site is relatively small when compared to the 28 long term development potential of the I -35E corridor. While the proposal will likely 29 require some level of environmental review, it is staff's opinion that the City would 30 benefit from a more comprehensive examination of the surrounding area. 31 32 Community Development Director Grochala advised City staff has received a proposal 33 from Dahlgren, Shardlow & Urban, Inc. (DSU) to complete an Alternative Urban 34 Areawide Review (AUAR) for the proposed area along the eastern side of the City 35 encompassing approximately 5,000 acres. 36 37 Community Development Director Grochala advised the estimated contract price for the 38 AUAR is $296,400 plus $8,000 to $10,000 in expenses mostly attributable to printing 39 costs associated with the final document. The project is proposed to be funded by a yet - 40 to -be established environmental review area charge collected in conjunction with 41 development. Interim financing will be provided through the City's Trunk Utility Fund 42 and Stormwater Management Fund. The City is requesting a no -interest loan from the 43 Metropolitan Council in the amount of $75,000 to assist with the interim financing. The 44 City is also expecting a contribution from Anoka County as well as the Hardwood Creek 45 developer. 46 •47 Community Development Director Grochala stated that from a planning perspective, the 48 AUAR process is an excellent opportunity to evaluate cumulative development impacts. • • • CITY COUNCIL WORK SESSION OCTOBER 6, 2004 APPROVED 1 It is a very proactive approach to development, which provides the community with a 2 better opportunity to plan for development rather than react to it. 3 4 Consider Resolution No. 04 — 147, Authorization of DSU Contract for 35E Corridor 5 AUAR, will appear on the regular Council agenda Tuesday, October 12, 2004, 6:30 p.m. 6 7 PROPOSAL FOR 9.8 ACRES IN APOLLO BUSINESS PARK, MARY ALICE 8 DIVINE 9 10 Economic Development Coordinator Divine advised United Properties is interested in 11 building approximately 100,000 sq. ft. of warehouse/office space on the 9.8 -acre site 12 remaining in the Apollo Business Park. 13 14 Economic Development Coordinator Divine stated the parcel is within TIF District 1-9, 15 which expires in December 2009. Because the district is aging, new projects would not 16 generate enough increment to provide the type of subsidy most users are requesting 17 without creating a new district, and the parcels have remained undeveloped. 18 19 Economic Development Coordinator Divine advised staff is seeking Council direction on 20 whether Councilmembers wish to pursue this project using TIF to pay assessments on the 21 parcel. Using TIF, the City can guarantee it recovers the City investment by 2009, or the 22 Council can choose to wait and see if the property develops on its own. 23 24 Mayor Bergeson and Councilmember Stoltz indicated they were comfortable with staff 25 moving forward with the proposed project. 26 27 Councilmember Carlson indicated she needs more information about the proposed 28 project. 29 30 Mayor Bergeson advised staff to obtain an opinion regarding this issue from 31 Councilmembers Dahl and Reinert. 32 33 REGULAR AGENDA ITEMS 34 35 Item Dii, Consideration of Resolution No. 04 —149, Approving Development Agreement, 36 Pheasant Hills Preserve 12th Addition — City Engineer Studenski noted a revised 37 development agreement would be included in the Friday update. 38 39 There were no other changes to the regular agenda. 40 41 The meeting was adjourned at 8:17 p.m. 42 43 These minutes were considered, corrected and approved at the regular Council meeting held on 44 October 25, 2004. 45 46 47 7 • • • 1 2 Ann Blair, 'ity Clerk 3 4 5 6 Transcribed by: 7 Kim Points 8 TimeSaver Off Site Secretarial, Inc. 9 CITY COUNCIL WORK SESSION APPROVED 8 OCTOBER 6, 2004 John rgeson,-� ayor