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1. Liefschultz Proposal.CITY OF � CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 0 FAX (612) 937 -5739 MEMORANDUM TO: Mayor and City Council FROM: Don Ashworth, City Manager DATE: October 30, 1997 SUBJ: Liefschultz Proposal Issue Should the city council allow Lakeview Hills Apartments to be converted to a market rate facility and thus endanger our affordable housing goals? Background Councilman Senn has known the owners of Lakeview Hills Apartments for several years and was actively involved in the state's acquisition of a part of the property,for Highway 212. During that process, the owner's desire to see the property upgraded was unveiled including the option to demolish/or remodel the existing facility and develop the vacant property to the south for market rate units being more compatible with the Bear Path development directly to the east and take eater advantage of their lakeshore rights. This possibility would eliminate approximately 70 (their estimate /our estimate is %) of the city's affordable housing. Mayor Mancino, Kate, Councilman Senn, and I met with the owners of the Lakeview Hills to explore alternatives to their p otential plan to upscale and thus eliminate affordable housing at that location. The p p attached memorandum details the concept plan envisioned by David Salene a housing professional employed by Lakeview Hills. The conclusion of the meeting was to present Mr. Salene's report to the city council to see if an interest existed to further explore the concepts presented by Mr. Salene. The Lakeview Hills owners have stated that they-are very reluctant to proceed with any plan that would involve government (federal, state and/or city). Their primary fear is that our answer to them is, "maybe, but we'll have to study this for a few years." Mayor and City Council October 30, 1997 Page 2 Recommendation n "Manager" Thoughts" as no clear recommendation can I should have labeled this sectio g sentiments of absolute answer. For example, I can fully understand the s logically emerge as the lis Brooklyn ctivist groups who pleaded with the city councils in Minneapolis, • the number of a g p individuals n Park to not displace the number of economically disadvantaged Center and Brooklyn p and the laced b the demolition of the Homan Complex in Minneapolis that in fact were displaced Y enter. These complexes that were razed in Brooklyn Park and Brooklyn C numerous other comp . . • ° economically disadvantaged families who no longer had a home once projects represented 100. /o eco Y h c• t • made the best • ed. However, the fact remains that those cities probably m the projects were destroy ' itself. Those decision for both the tenants that were in those buildings as well as the city • um. St. Louis Kansas City, Chicago, Minneapolis, and decisions were not made in a vacuum. � ro rams of u hout the United States have realize g countless other cities throughout d that the building p g thirty years ago that concentrated 100% socially disadvantaged people into one project would realized the mistake that was made and established dollars so as to fail. The Homan Act itself re le to move into scattered site housing and allow these economically disadvantaged people give g p p thus. lend into society without the stigmas and problems that are the tenants the opportunity to b Y ' almost concentrated housing for low and moderate individuals. Its alm typically associated with concen g e can. keep considering using the Homan dollars as a means by which w p ironic that we may be con g g to build more low o Lakeview Hills affordable and to couple that with a plan 1.00 /o of the units at L effort that the city part of that singular project. I also consider the time and Y income housing as a pa gu p • ensure that scattered site affordable housing occurs council has put into its commitment to ens � Hills property have two projects, ects, literally abutting the Lakeview Hil p p y throughout the community. We p � ca in out the council's commitment to affordable housing. where we have been effective in carrying The concept presented b Mr. Salene appears to be in conflict with commitments t hat the city council has already made. I am sure that the entire council will have a list of other concerns, i.e. existing age and condition ' rate of return to the existing owners, etc. Many of these of the structures, management services, s the concerns but none of them outweighs the question, Doe are likely to be true � existing and future addition - Chanhassen wish to ursue a plan that would ensure that g City of Chanh p are 100% economically disadvantaged?" g: \mgr \lakeviewhills.doc ' Dk'41D M SNLENE INC. DEVELOPMENTAL & FINANCIAL STRUCTURING TO: The City of Chanhassen FROM: David H. Salene & Steve Liefschultz DATE: September 21, 1997 SUBJECT: Initial Concept Plan, City of Chanhassen The initial concept plan is set forth to determine if the opportunity exists for a cooperative agreement by and between the city of Chanhassen and Lakeview Hills Apartment, a Limited Partnership, and Bear Path Limited Partnership. The general considerations for both the City of Chanhassen and the respective Limited Partnerships are: A. The general considerations for the City of Chanhassen would be: 1 . To control the possible erosion or loss of 70` of its qualified "Low to Moderate" housing; and 2. To provide a level of certainty that the City can provide "Low to Moderate" housing into the future; and 3. The ability of the City of Chanhassen to control the primary "Low to Moderate" housing for the City; and 4. To facilitate this control without incurring a fiscal demand on the general revenue funds of the City of Chanhassen and facilitate both the control of the "Low to Moderate" housing, and creating the opportunity for ownership of this housing, with the minimum capital costs today. B. The general.considerations for the owner are: 1. To obtain a return on equity for La} -i - e`view Hills Apartments; and 2. To obtain a return on the equity in the vacant land adjacent to Lakeview Hills Apartments; and 3. To secure a continuation of its current Net Operating Income of the Lakeview Hills Apartments along with a return on equity, and a return on equity in the land and development profit for the proposed new development; and rema(Ij►97\memoO907 2572 Cohansey Street, Roseville, Minnesota 55113 612/484 -8909 Dk'41D H SkLENE INC DEVEL O P MENTAL & FINANCIAL STRUCTURING City of Chanhassen Initial Concept Plan, City of Chanhassen September 21, 1997 Page 2 of 4 4. To turn over the day to day management of the operation to the City of Chanhassen, either -through a management contract or by direct management by the city, subject to the review and approval by the management agent for the owner. C. Proposed legal structure for transaction: 1. A m lease agreement would be executed by and between the City or the City E.D.A. and the owner outlining the respective responsibilities and obligations of each party. a. The lease would have to meet the requirements for public participation; and b. Consideration should be for the Chanhassen E.D.A. to be the lessee vs the City or the County E.D.A. and C. An "Evergreen Lease Agreement" should be considered because of thelimitations of public law. d. In all cases, the owner recognizes that public law controls some of the terms and conditions of the proposed lease agreement. 20 Setting forth the formula to determine the annual lease payment to the owner; and 3. Setting forth the terms upon termination or extension of the master lease agreement. D. Projected procedures available to the City of Chanhassen: 1. Public housing for "Low to Moderate" tenants allow for the real estate taxes to be adjusted 'to 5% of the "shelter revenue" for that same unit. a. Current Gross Rent l ess vacancy ( 1997) $1,016,770 b. 5% of gross rent $ 50,838 C. Current Real estate taxes (1996) 153 It 826 d. Net savings to the City $102,987 r � , DAVID H SkLENE INC. DEVELOPMENTAL & FINANCIAL STRUCTURING City of Chanhassen Initial Concept Plan, City of Chanhassen September 21, 1997 Page 3 of 4 2. A tax increment district could be formed for the development of the new project, allowing for the capture of 100% of the increase in real estate taxes, for that development. a. Tax.increment financing can be used on "Low to Moderate" housing, as long as the project meets the established rent rates for specific units. b. The tax increment funds, if appropriate, can be used to lower the debt cost of the development, thus assisting in allowing for the "Low to Moderate" rental rates as' established by the State. C. The city could consider the consolidation of current city staff to perform duties such as repairs and maintenance, snow plowing, lawn -care and management services, thus lowering the operating costs of the units. E. Benefits to the Developer / Owner The owner establishes a formula to determine the return on equity from both projects, and secure its equity with a master lease agreement with the City of;Chanhassen; and F. Items necessary for the completion of development review, to include the initial fiscal plans for both the City and Developer. a. General review of the concept plan by the City of Chanhassen, and a determination by the City that they have an .interest in pursuing concept. b. A preliminary site plan, for the new development, that can be reviewed and obtain a general approval as to density issues. C. A preliminary "Sources and Uses" schedule for the new development. d. A preliminary tax projection for the new development to determine the tax increment capture potential. Dk'41D H SNLENE INC. DEVELOPMENTAL &FINANCIAL STRUCTURING City of Chanhassen Initial Concept Plan, City of Chanhassen September 21, 1997 Page 4 of 4 G. Proposed schedule for planning: Date Subject 1. Development of a preliminary site plan 2. Development of a preliminary cost of Construction for "Low to Moderate" housing units 3. Develop a lending schedule for the proposed new project 4. Work with the City and County to generate a projected tax value for the proposed new development 5. Development of a tax increment plan based on the above 6. Meeting with City to present update of concept plan to include: a. Proposed Master Lease terms and conditions b. Financial schedule to include projected income and expense statement C. Proposed tax increment - requirements for development, along with other public funding agreements d. Review of city risk regarding development 1 n ,