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Memo - Block 64 Redevelopment I Economic Development I MEMORANDUM TO: ! Honorable Mayor and City Council , FROMr '-jWim Kerrigan, Director of Planning & Economic Development i DATE: May 18, 2005 SUBJECT: Block 64 Redevelopment Project On the May 24 Council work session agenda staff scheduled time to provide an update on preparation of the development agreement for this project. A draft agreement was prepared and provided to the developer, Steve Flanagan of GPS Financial, on May 9,2005. As of the date of this memo, no comments have been received from GPS Financial. GPS Financial e-mailed City staff (dated May 6, 2005) identifying four issues they wanted addressed in the final development agreement. Three of these issues are a significant departure from what the staff detailed as necessary to be in the development agreement to protect the City. The present timetable is to work out an acceptable agreement that could be brought to the City Council for consideration on June 21. Sid Inman, Ehlers & Associates, will also be present at the work session. GPS Financial has not been informed that they need to be at this meeting. It is proposed that they be invited to a subsequent meeting (tentatively June 7) to discuss issues/concerns. Finally, a letter was sent to GPS Financial (dated April 27, 2005) detailing three items that still needed to be submitted to comply with the preliminary development agreement. Two of these items have not yet been received by staff: detailed project financial data and a preliminary financing commitment. Staff recommends that the information needs to be provided in an acceptable form before the development agreement is executed. Attachment: May 9, 2005, letter to Steve Flanagan, GPS Financial City oj%pkins 1010 J"irstStreetSoutli . !Jf.opf:jnsJ 9vf9.f. 55343-7573 · Pfiorr.e: 952-935-8474 · J"tVG 952-935-1834 'WeB cuUfress: www.fwpKinsnm.com May 9,2005 Steve Flanagan GPS Financial Group 15 Sixth Avenue North, Hopkins, MN 55343 RE: Response to e-mail dated 5/6/05, final development agreement, Block 64 Redevelopment Dear Steve: The following will serve to respond to the four points identified in the above- referenced e-mail: 1. I would agree that the development agreernent will need to identify a reasonable period for you to complete this project, but it must identify an end date when construction of all the phases will be completed. The timetable you detailed in your memo is much more pessimistic than you originally projected in your construction schedule. Although the market study by McComb Group, dated March 2005, identified an approximately six-year period to complete the sale of all units, the schedule that you provided in conjunction with the preliminary development agreement shows a two-year period. You need to take into account that the project timetable , directly reflects tax increment generation. The longer it take's to complete the project the less increment is available. 2. As we have discussed, we can use an inflation rate for the tax increment note, which is reasonable in the marketplace; however, guaranteeing a 3.5 percent inflation rate would obligate the City to pay any shortfalls should this rate not be achieved. This, in essence, is guaranteeing tax increment, which creates a financial risk for the City. 3. If the City undertakes eminent domain for the Park Plaza property, the residents are eligible to make claims for relocation payments from the City at the start of the process; therefore, there needs to be a guaranteed source of funds to make these payments before the eminent domain process can begin. Funds from the construction loan would not be available until you actually started to build. TartnerU'!f witfi the Comnumity to 'EIWmce the QJu1fity of Life . Inspire + 'Etfucau t Involve + Communiwte . Letter to Steve Flanagan, May 9, 2005 - Page 2 4. As we have discussed throughout the process, if eminent domain does take place on the Park Plaza property, GPS Financial needs to provide sufficient funds to the City so that the purchase can be completed once there is a court award. The City does not have a source of funds to pay for all or a portion of the cost of this property. As staff and the Council have detailed in various meetings, in moving forward with this project the City needs to be protected from any financial risk. Based on this position, staff could not support what is proposed in Items 2 through 4 of your memo, as they would create a financial exposure for the, City. . Finally, neither Ehlers nor I have received anything related to the three items detailed in my April 27 memo. Just a reminder, this information needs to be provided in an adequate form before staff would recommend executing the development agreement. /) since,rehi, / ./ \2::l J~ errig Planning ,Economic Development Director "\ Enclosures: E-mail from Steve Flanagan to Jim Kerrigan, dated 5/6/05 Letter from Jim Kerrigan to Steve Flanagan, dated 4/27/05 Construction Phasing Schedule provided by GPS Financial Copies: Hopkins City Council Bob Deike Kersten Elverum Rick Getschow Sid Inman Page 1 of! Jim Kerrigan Sent: To: Cc: From: Flanagan Stephen T LtCol 502 AOS/AOP [Stephen.Flanagan@hickam.af.mil] Friday, May 06, 2005 4:39 PM Jim Kerrigan (E-mail) . Sid Inman (E-mail); Rebecca Kurtz (E-mail); Michael Broich (E-mail); Fred Kalter (E-mail); 'aj@4gfg.com' Subject: Finai Development Agreement Jim, Here are the issues that we would like to address in the FDA, 1. Legnth of GPS's sole right to develop Block 64 should be 6 years, with 1 year extensions if phases have not been sold. 2. TIF funding to include a 3.5% inflation rate guaranteed, with an additional note to include an additional 5.5% non-guaranteed inflation rate. 3. Reiocatlon monies to be paid out of the construction financing, not deposited during the condemnation period. This is the market norm. 4. Deposit for the Park Plaza property to be discussed, The issue of financing is based on an acceptable return for the development. This will require the higher inflation rate and timing of deposit to coincide with permanent financing. Very respectfully, Steve Flanagan, Lt Col, USAFR POSC Director 448-8672 Home/Cell 261-4996/561-6100 City oj%pkins 1010 !Frrst Street Sout!i .1fopRfrts,!M!J{. 55343-7573 · pfume: 952-935-8474 · :F~ 952.935.1834 Weo cufiress: www.fiopRfrtsmn.cam April 27, 2005 Steve Flanagan GPS Financial Group 15 Sixth Avenue North Hopkins, MN 55343 Re: Preliminary Development Agreement Dated February 2, 2005, between GPS and the Hopkins HRA - Block 64 Redevelopment Project Dear Steve: In accordance with Section 3(c) of the above agreement, this ""ill serve to notify you that tile Authority approves of all of the information submitted as required by Section 3, except for the following: Section 3(t) Required public improvements-preliminary information has been subrnitted, but more detailed information from the project engineer is still needed. Andy Jones has talked to the City engineer about this item. Section 3(i) Project financial data-still need some ofthe information as identified in memo to you from Sid Inman, Ehlers & Associates, dated April 6 (see attached). The information provided 4/21/05 does not have sufficient detail for Ehlers to complete an accurate financial analysis of the proj ect. Section 3(k) Preliminary financing commitrnent--not received to date. As detailed in the agreement, you have 30 days to submit the above information in a form satisfactory to the Authority. If you have any questions concerning this matter, please give me a call at 952- 548-6340. ~I since7(;' / /- ~ r- ///~' ,.,>1::-'. I . , ,0 J~ Keyrigan \ flanning & ~ nomic Development Director Attachment Copies: Bob Deike Sid Inman Richard Getschow Kersten Elverum Pamuring witli tlie Community to 'Enliance tlie'Qjlality of Life . Inspire. '.Eluca.tt. Invo[ve + Communuate + I I: Construction Phasing Parking Garage Phase I Building A Building B Landscaping Building C Building D Landscaping Parking Garage Phase II Building E Building F Landscaping Start Finish 07118/05 12/02/05 10/31/05 OS/26/06 02/03/06 09/01/06 08/07/06 10/13/06 05/12/06 12/08/06 08/18/06 03/16/07 OS/20/07 07/13/07 08/21/06 12/08f06 11 f24f06 06f22/07 03f02/07 09f28/07 08/06/07 10/12/07 Assumptions Phase I parking will cover 2/3 site, Phase II will be 1 f3 Construction of each building will begin 14 weeks after the previous building Ground breaking July 18 '05 Condemnation will effect start date Buildings are projected at 7.5 months per structure Total Project duration is projected at 117 weeks