INFORMATION HRSR 05-03-2010INFORMATION
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R1Ver MEMORANDUM
TO: Housing and Redevelopment Authority
FROM: Annie Deckert, Economic Development Assistant
DATE: May 3, 2010
SUBJECT: Update on Housing Rehabilitation Programs/Foreclosure info
Background
At the Apri17, 2008 joint meeting of the HRA and City Council, the HRA and Council indicated
interest in exploring several existing and potential housing partnership opportunities. At the July
7, 2008 meeting, staff presented financing programs offered by area agencies and available to
residents for housing rehabilitation. The HRA suggested staff market existing programs in
various forms (pamphlet creation, EDA newsletter, cable channel, etc.) and proceed from there.
Update
Staff has taken several steps to begin marketing available housing rehab programs to residents;
• Housing Rehab Program Pamphlet & free foreclosure information
o Created and distributed to approximately 50 local lenders, mortgage companies,
realtors and construction companies
• Cable Channel
o Information about the housing programs and contact info is available on the
cable channel
• City Newsletter- The Current
o A housing article was written summarizing the City's foreclosure initiatives and
prevention services available.
• City Website
o All housing information was updated and restructured on the city's website and is
now accessible from the website's homepage
• Social Media
o Housing information is periodically posted on the economic development
Facebook and Twitter pages
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MEMORANDUM
TO: Economic Development Authority
Housing & Redevelopment Authority
FROM: Catherine Mehelich, Director of Economic Development
DATE: April 12, 2010
SUBJECT: Executive Director's Report
The purpose of this periodic memorandum is to keep the EDA and HRA informed of
various ongoing activities that often go on behind the scenes in the Economic Development
Division. EDA and HRA Commissioners should feel free to bring up any questions or
issues for discussion under the "Other Business" section of the Agenda.
Foreclosure Initiatives
The strategies to address foreclosures in Elk River are 3-fold - 1) Prevention 2) Preserve &
Secure and 3) Recovery. A great amount of staff time has been spent implementing the
Neighborhood Stabilization Program (NSP) with Tri-CAP and MN Housing Finance
Agency in accordance with the NSP guidelines. The HRA has deployed roughly 50% of the
awarded $593,820 of federal funds. The balance was recently de-obligated by MHFA and
distributed to communities in greater need. To date 6 households have been provided down
payment assistance ranging from $5,000 to $14,999. The HRA is able to continue
administering the program in eligible neighborhoods with its fund balance.
Staff continues to market the program through the newspaper, website and realtor
community. Staff also continues to collect foreclosure data from the county and share
information with various city departments to monitor these neighborhoods and prevent
issues arising from vacant homes.
Business Retention/Expansion Visits
Over the past year staff has made multiple contact with the manufacturing businesses and
continues to schedule visits with EDA Commissioners when possible. A separate update
report on this item is included in the April 12, 2010 EDA packet.
EDA/HRA Executive Director's Report
Apri] 12, 2010
Page 3 of 3
MN Business Subsidy Reports
Staff is working to complete the MN Business Subsidy/Assistance Rports which are required
for any business assistance of $25,000 or more provided by public entities. The reports
indicate the business's progress on job and wage goals established by the city. These reports
axe due annually in April. Of note, Metal Craft Machine & Engineering and United
Healthcare Services have recently reported exceeding the job & wage goals established with
a total of 98 full-time jobs at Metal Craft and 28 full-time jobs at United Health Data Centex.
C/I Buildings Energy Efficiency Revolving Loan Fund Grant Application
In March staff was notified that Elk River's $235,000 grant application did not make the
short list of approval to start a revolving loan fund fox energy efficiency improvements in
C/I buildings. Staff believes this is a valuable concept for adding value and unique
marketability to existing C/I buildings. If this is a concept the EDA would like to consider
implementing as part of its existing Micro Loan Fund pool, without the matching funds,
please contact staff to discuss.
New TIF Legislation
Staff has been monitoring potential opportunities as a result of recent legislation that adds
some flexibility to the use of Tax Increment Financing for a limited period of time. The
attached articles provide a summary of the legislation.
S:\Community Development\Economic Development\EDA to move\Agenda\Year2010\Exec Dir report 4.12.10.doc
Offices in
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200 South Sixth Sgeet
.J Minneapolis Minneapolis MN 55402
Saint Paul
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(612) 337-9310 fax
St. Cloud v'v'v'•kennedy-graven.com
CHARTERED Affirmative Action Equal Opportunity Employer
MEMORANDUM
FROM: Mary Dyrseth
Jenny Boulton
DATE: Apri16, 2010
RE: Jobs Bill -House File 2695
The Jobs Bill (HF 2695), which was passed by the Minnesota legislature and signed into
law by the Governor last week, includes several provisions which liberalize the use of tax
increment financing in order to stimulate job creation. Three provisions in the Jobs Bill which
maybe of interest to the City, but are only available for a limited time, include the following:
1. Compact Development Districts.
(a) The Jobs Bill authorizes the establishment of "compact development
districts" as a new type of tax increment financing district. A compact development district has a
25 year duration, and must satisfy the following requirements:
(i) Parcels consisting of 70% of the area of the district must be
"occupied" (at least 15% of a parcel must be covered) by buildings or similar
structures that constitute commercial or industrial property; and
(ii) The planned development will increase the total square footage of
the commercial and industrial buildings by three times or more relative to the
square footage of the buildings before the district was approved.
(b) Tax increments from a compact development district may be used only to
pay the following:
(i) Administrative expenses within the 10% limitation;
(ii) The costs of acquiring land located in or abutting the district;
(iii) Demolition or removal buildings or other improvements and other
site preparation costs for land in or abutting the district; and
(iv) Installation of public infrastructure or public improvements serving
the district, but excluding costs of streets, roads, highways, parking or other
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Alright, raise your hand if you have heard
of a "housing improvement area"? Not
too many hands in the air. The housing
improvement area (HIA) may be one of the
most overlooked tools available to Minnesota
cities. The HIA allows cities to partner with
residents and homeowners' associations to
undertake critical reinvestment in buildings and
infrastructure. With the boom in townhome
construction during the past decade and
with a large supply of 20 and 30 year old
condominiums, the n i I use of this tool
will grow. This article explains the function and
application of housing improvement areas.
The Need
Before examining the HIA, let's consider the
need. The single-family (detached) house
and the apartment building are owned by a
single party. This single party owns the entire
building and site and is solely responsible for
its maintenance. Residents of townhomes and
condominiums face some unique challenges
in undertaking property maintenance. The
interior of the housing unit is owned by the
individual homeowner. The shell of each
building and all infrastructure are common
property, owned jointly by all homeowners.
The maintenance and revitalization of the
common property is the shared responsibility
of the homeowner's association, guided by
a board of directors. Association members
pay monthly dues to fund current and long-
term maintenance. With proper planning
and financial management, an association
accumulates reserves needed to undertake
major capital replacement projects. Problems
arise when an association fails to plan for the
future.
Associations may find themselves financially
handcuffed. Bylaws typically set limits on a
board's ability to increase dues or levy special
assessments without approval of homeowners,
often with thresholds exceeding simple
majority. These are the only revenues available
to an association. Even with homeowner
support to raise revenue, an underfunded
association may not be able to catch up.
Acceptable annual revenues may not provide
the resources needed to undertake capital
improvements. The lack of capital reserves
may lead to a continuing downward spiral
of deteriorating physical condition of the
housing. Over time, the lack of investment
leads to the loss of value for owners and taxing
jurisdictions and the diminished ability to sell
units.
The HIA is a means for cities, homeowners'
associations and property owners to create
a collaborative solution. In simplest terms, a
housing improvement area is a special taxing
district used to make improvements in areas
of owner-occupied housing. To pay for these
improvements, a city may levy "fees" and issue
bonds.
It is not possible to describe all of the details
and nuances of housing improvement areas
in the confines of this article. The following
sections highlight the basic elements of the
HIA.
Enabling Actions
An ord finance defines the boundaries ofthe area
and the improvements that can be undertaken.
The HIA Statute does not define (or limit) the
improvements that can be made through
a HIA. Any improvement to the common
property of association can be done through
a HIA. Potential uses include rehabilitation of
streets, garages, roofs, windows and HVAC.
A resolution sets the parameters of the fee. The
fee is the mechanism for collecting revenues
from property in the improvement area. The
resolution defines the term of the fee and
how it is allocated to properties. A fee may
function like a property tax, distributed on the
basis of tax capacity value of property in the
area. Other allocation methods include equal
amount by housing unit and pro-rata share
of ownership interest. A city may also assess
housing improvements to benefitted property
within an area. The resolution also sets the
means of collecting revenues. HIA fees may
be collected through the property tax system
or through other means provided by the City.
Process
Use of these powers is subject to unique
procedures. A city council has the power to
initiate use of most municipal finance tools.
The procedures to establish the area and
to levy the fee must begin with a petition of
property owners. Owners of 25% or more of
the housing units that would be subject to
the fee must petition the city to hold a public
hearing on the area and on the proposed fee.
City actions to adopt the area ordinance and
the fee resolution are also subject to veto by
property owners. Residents of 35% or more
of the housing units subject to the fee may
file an objection to the ordinance and block
its adoption. Adoption of the fee resolution
is blocked if the owners of 35% or more of
the housing units' tax capacity subject to the
fee file an objection. Objections must be filed
before the effective date of the ordinance or
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the resolution. The effective date cannot be
less than 45 days after adoption by the city
council.
Bonds
The HIA Statute authorizes the issuance
of bonds to finance authorized housing
improvements. These bonds may be general
obligations of the City. General obligation
housing improvement area bonds do not
require an election and are not subject to the
debt limit. The bonds are payable primarily out
of the proceeds of the fees or from any other
special assessments or revenues available to
be pledged for their payment under charter
or statutory authority, or from two or more of
those sources. The bonds cannot be issued
until after a contract for the construction of all
or part of the improvements has been entered
into or the work has been ordered.
Jurisdiction
A city is the only political subdivision authorized
to establish housing improvement areas. Once
the area is established, the city may assign
implementation powers and responsibilities
to another entity. An economic development
authority, housing and redevelopment
authority or other entity authorized by law
to exercise their powers may be designated
in the enabling ordinance as responsible for
implementing and administering the housing
improvement area. This action conveys the
powers to make and finance improvements in
the HIA.
Tips
Past experience with the use of housing
improvement areas offers several suggestions
on making use of this authority.
CityJssociaion Relationship. In a perfact
world, cities would not need to establish
housing improvement areas. Homeowners'
associations would adequately finance the
maintenance of common ownership elements.
A proactive role in building relationships with
associations may reduce the need for HIA.
Continued on Page 4
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cover letter includes the response due date
for the Form. We strongly encourage you to
.promptly complete and return the Compliance
.Check Questionnaire. It is likely that you
will have questions about the appropriate
responses to Form 14127. Do not hesitate to
contact your bond counsel or financial advisor
with your questions.
Points to Remember
While simple in concept, the use of BABs is
subject to some requirements not part of your
typical tax-exempt bond issues.
• Bond proceeds may not pay for costs of
issuance exceeding 2% of the bonds.
• The issue cannot include capitalized
interest beyond the date the improvements
are placed in service.
• In addition, only 65%ofneeded capitalized
interest can be included in the issue since
federal reimbursement will cover the
other 35%.
The terms of sale must include specific
restrictions on the ability to reoffer the
bonds at a premium.
• Issues should contain an "extraordinary
call" provision that allows the issuer
to immediately call and prepay all
outstanding principal in the event that, for
any reason, the issue becomes ineligible
as a BAB or the federal government no
longer provides the subsidy. Taxable BABs
may be refunded with tax-exempt bonds.
Market Conditions
The economics of BABs varies over time with
changes in taxable and tax-exempt interest
rates. The chart on this page shows sample
general obligation interest rates for the week
of March 5. Issuers should make some form
of market check a part of the sale process. For
competitive sales, bidders should be able to
submit taxable BABs and tax-exempt bids. For
negotiated sales, apre-pricing comparison of
BABs and tax-exempt should be performed.
These steps help the issuer to be assured
that the sale will achieve the lowest effective
interest expense.
Looking Ahead
The current authorization for the issuance
of BABs ends on December 31, 2010. There
appears to be growing support for extending
the BAB program.
Extension does not mean that the program
will be the same. One area of discussion is
the amount of the subsidy rate for future
BABs. The Administration's FY 2011 budget
proposed dropping the rate to 28%. There
does not appear to be congressional support
for a drastic change in the subsidy rate. At
some point, a reduction in interest subsidy
eliminates the economic advantage of BABs
over tax-exempt bonds.
Extension of the BABs may also come with new
procedures on the issuance and management
ofthesebonds. The contentsoftheCompliance
Average Rates (March 5, 2010)
6.00%
s.oo°ra
4.00%
3.ao°i°
2.oo°i°
i.oo°ra
o.oo°i°
Data compiled by Northland Securities
Check Questionnaire suggest some potential
areas of interest to the IRS.
Interest subsidy and direct payment options
are being explored as alternatives to tax credit
programs. Few issuers have used the option to
issue the current version of BABs as tax credit
bonds.
Fasi 1 prav end Ares Pram P
ductian and Consensus. The key to
success is the time spent on the front end to
understand needs, explore alternatives and
build support for a plan of action. The petition
and veto provisions require a collaborative
approach to finding solutions.
Limited Prepayment. Give careful thought
to granting the ability of property owners to
prepay the fee. The ability to prepay makes
the fee function like a special assessment.
Banks may require prepayment upon sale of
the unit. If the fees are pledged to bonds,
the city may face negative arbitrage from
the inability to invest the prepayments at a
rate equal to the bonds. Finally, prepayment
creates administrative headaches because the
implementing entity must keep amortization
schedules for every housing unit. A good
compromise is to allow a one-time prepayment
period immediately after the fee is approved.
Lasting alution. Use of a HIA should be
a one-time fix and not an ongoing capital
funding plan. Associations must create long-
term capital improvement plans including the
dues, assessments and other monies needed
to pay for the improvements. Cities should
have an ongoing program for monitoring
these plans and the financial condition of the
association.
wild a eserue. The traditional way of
building a debt service reserve is to borrow
money in the bond issue. Another approach
is to delay payment of principal for one year
(or longer). Paying interest only allows for
an accumulation of fee revenues to provide
protection against future delinquencies.
Conclusion
With the growing number of aging common
ownership neighborhoods in every community,
the chances are good that some will experience
physical and financial distress. Cities should
understand the basic elements of the housing
improvement area as a tool for meeting
community housing needs.
The information in this newsletter is based on
sources believed to he reliable, but does not
purport to be complete and is not warranted
by Northland Securities, Inc.
March ?010%ASL `_043
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Rivers Edge Meeting Minutes Wednesday, April 14, 2010
Present: Fred (McCoys Pub), Stephanie(Park and Rec), Tim (Sweet P's), Tony (Dare's Funeral
Home), Sandi (Edward Jones), Jim (The Bank of Elk River), Annie (City of Elk River), Wendy
(Kemper Drug), Nicole (Nicole's Salon), Sandi (Edward Jones), Kay Reynolds (Vernon
Company), Jim Rosman (Making Mississippi Navigatable)
Meeting was called to order at 3:10 PM at Edward Jones Conference Room.
Treasurer's Report: $3048.51
Secretary's Report: Minutes were amended to say that Deb Rydberg suggested that we invite Jim
Rosman to talk about making the Mississippi Navigatable around the Elk River Area. The
minutes were accepted as amended.
City update:
Annie told us that there were approximately 3, 000 at the Chamber Expo. This May be a good
event for Rivers Edge to be at next year. Sweet P's had the RiversEdge Posters with map up at
their Expo Booth so we received some exposure at the event. Annie said that the Energy City's
Project Conserve is starting Phase 2. Elk River Residents who are interested in signing up for the
program to learn more about how they can conserve energy and water can Contact Rebecca at
763-635-1068.
Main Street Improvement Project. There will be discussion about this at the April 19th City
Council Meeting and on Apri126th there will be an informational meeting for residents.
Construction is planned for midsummer.
The City of Elk River is working on a Business Recycling Program. More info to follow.
Arts Alliance has requested the use of the old Auto Parts Location next to 716 Main Street to
expand their offerings to the community. A feasibility study will be done to assess the cost of
bringing the building up to code and impact on parking.The Cinema Building is currently full.
There are four occupied residential units in the Bluffs Building. There are sti1163 empty units.
A guided trip is being planned on the Northstar train from Elk River to the Mall of
America for people interested in using the train but who want some help with the process. There
will be a Park and Rec person and a Northstar representative to guide your way. The trip will be
May 22°d. Sign up through Elk River Park and Rec. Northstar brochures with the Twins
Schedule are available at City Hall. If you would like to distribute them at your business please
contact Annie at 635-1042.
A group from Elk River is putting together a 4th of July Celebration to be held at Lions Park. The
EDA has contributed $6,000 to the effort and will also provide police for the event. The Lions
are contributing $1000. Jim Boyle, the editor of the Star News, has asked to speak to the Rivers
Edge Group about how we can make downtown be a part of this event. The Fireworks would be
shot off by the High School.
Park and Rec:
Stephanie has done some research in running speaker wires to the top platform of the Rivers
Edge Commons Park. The speakers would be portable and easily disconnected and would be
available for use during concerts in the park. She will forward us more information about the
cost of the speakers. She said that the wiring for them would not be too expensive.
Someone from Park and Rec will drop off Schedules for the Downtown Music Series to
Downtown Businesses. In addition to the regularly scheduled Thursday night music, one
Tuesday night a month a local band will be featured. The Wylie Band will Play June 22, Elk
River German Band will play July 20th and the Moose Knuckle Band will play on August 7th
Stephanie verified that the Halloween Celebration downtown will be on Friday October 29th
from 10 to 5 and that Santa will be downtown on Saturday, December 4th from 12 to 3. She will
put that information in Park and Recs Fall/Winter Program Guide.
Street Dance/Music in the Park Saturday July, 17th: Fred is organizing information and
getting prices. Stephanie said that Lamont Cranston is available and would charge $2000 for that
night. Fred suggested that we schedule them and we will look for a sponsor or request donations
from the downtown businesses for the music. Information could go to the riders of the bike race
scheduled for the 18th when they pick up their registration info. And would be posted at the bike
park. Since it is a state park program, we won't have access to the riders information prior to
that time.
Flowers Downtown: There are currently 12 pots on the downtown side of the tracks and 1 pot at
Bread of Life and 1 at the Old Post Office. Wendy will talk to Bread of Life and ask if they
would we willing to substitute a pot from the Chamber for the existing pot so that all of the pots
downtown matched. We could do the same at the Old Post Office. Wendy will also try to find
out who at Jackson Square apartments is responsible for doing flowers in the planters that are in
their wall. Robin was not at the meeting but Wendy will get her this info.
New Business:
Kay Reynolds from Vernon Sales Promotion shared information on types of displays that they
could provide us for RiversEdge marketing. They can provide everything including tabletop
displays, sails, embossed table throws, retractable banners, banners with gromets and more.
There is an $85 set up fee plus the cost of the different products. The Colored Plastic Full Color
Banners run about $4 a square foot. Sails run from $239 to $549 each and would be suitable to
use outside or inside at a RiversEdge sponsored event. She could connect us with a graphic
designer who could make us high pixel images for $200 to help put together an attractive
marketing piece.
Jim Rosman gave a slide presentation on the value to River Cities of making the Mississippi
Navigatable to Clearwater. He feels that it would encourage more tourism in the area and make it
possible for people to come downtown by boat. He has been talking to community groups along
the river to drum up support for his efforts. He has also been talking to local, state and national
government officials to see what the barriers are to dredging a 4 foot channel in the Mississippi
and keeping it open. For more information about his presentation visit
http://www.historicrivercities. com/missis sippi-river/mississippi-river-navigation-project
The meeting was adjourned at 4:30PM.
The next meeting is scheduled for Wednesday, May 12, 3PM at Edward Jones.