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Memo Letter From Don RoesnerCITY OF HOPKINS MEMORANDUM DATE: December 6, 1995 TO: The Honorable Mayor and City Council FROM: l fr Jim Kerrigan, Director Planning & Economic Development SUBJECT: October 17, 1995, Letter from Don Roesner At the December 12 work session, one of the agenda items will involve a discussion of the above letter and the response by Bob Deike. Mr. Deike will be present at this meeting to respond to questions. This item is scheduled for a 15- minute period. JK12065A November 9, 1995 Don Roesner 618 West Park Valley Drive Hopkins, MN 55343 RE: Response to Memo Dated 10/17/95 Dear Don: Enclosed is a letter from Bob Deike addressing your concern about the Hopkins HRA borrowing from Tax Increment Financing District 1 -1 to 2 -6 in order to facilitate construction of the Sonoma Handicap Housing Project. In summary, Mr. Deike has stated that the transaction meets all statutory requirements and is appropriate from a fiscal standpoint. His opinion is consistent with what staff has previously told you concerning this matter. If you have any questions, you can call Jim Kerrigan or Paul Steinman at 935 -8474. If you wish to discuss this with the City Council, please let me know, and I can arrange time at a future work session. Sincerely, Steve Mielke City Manager Enclosure Copies: JK10255A C I T Y O F H O P K I N S Chuck Redepenning Bob Anderson Fran Hesch Charles Kritzler Gene Maxwell Jim Kerrigan Paul Steinman Bob Deike 1010 First Street South Hopkins, Minnesota 55343 Phone: 612- 935 -8474 Fax: 612- 935 -1834 An Equal Opportunity Employer Dear Jim: BRADLEY &DEIKE, P.A. Attorneys At Law SUITE 306, 5100 EDEN AVENUE EDINA, MINNESOTA 55436 -2337 Mr. James Kerrigan City of Hopkins 1010 First Street South Hopkins, MN 55343 Re:. Tax Increment Financing Districts No. 1 -1 and 2 -6 October 27, 1995 PATRICK J. BRADLEY ROBERT J. DEIKE STEPHEN J. WONTOR (612) 927 -4333 FAX (612) 927 -7049 At your request I have reviewed the handwritten memo you received from Don Roesner concerning the $566,500 loan made from Tax Increment District 1 -1 to finance the National Handicap Housing Institute project in District 2 -6. Mr. Roesner is apparently concerned about why the HRA made the loan and by what authority. The loan was made to provide financing for the housing project. At the time that the housing project was started and the HRA needed funds to finance its acitivities, there was no money being generated by District No. 2 -6: The HRA's only options at that time were to borrow funds from an outside source or to use funds from District 1 -1. The HRA decided that the more responsible decision, from a fiscal standpoint, was to use its own funds rather than pay interest on borrowed funds. The transaction was structured as a loan so that tax increment that was generated from the housing project could be paid back to District 1 -1 and used for other projects. Transfers and loans between municipal funds is a commonly -used alternative to incurring the costs of borrowing money. To the extent that the funds are repaid, they are not considered to have been spent from the fund from which they were borrowed. The loan agreement for the loan from District 1 -1 to District 2 -6 states that the entire principal amount of the loan will not be repaid. The repayment schedule does not take into account any inflationary growth in the values of District 2 -6. If normal inflation is considered, there could be generated sufficient tax increment to repay the entire loan. However, whether or not the transferred funds are actually repaid is not important because the HRA had the legal authority to spend the funds from District 1 -1 on the housing project. At the time that the tax increment plan for District 2 -6 was approved the HRA also expanded the boundaries of its Redevelopment Project No. 1, the project within which District 1 -1 is located. Mr. James Kerrigan October 27, 1995 Page 2 According to the plan that expanded the boundaries of Redevelopment Project No. 1, the purpose of the expansion was to allow the expenditure of District 1 -1 tax increment funds on projects within the expanded area, including, specifically, the housing project for which the District 2 -6 was created. The budget for District 1 -1 included a budgeted $805,000 for housing purposes so no change in the budget was needed. Based on my review of the relevant documents, it appears to me that the HRA took all of the steps necessary to allow it to spend the funds on the housing project. Structuring it as a loan merely made good fiscal sense. I hope that this letter is helpful to you. Let me know if I can be of further assistance. Sincerely, Robert J. Deike t<L4C., agii_232_16-6<inEa g_AL82.___11.6_,522LEI.us _cf 45_11gitc2.o.&,r_i3z3 ._...4)t) .fisP L.14 " a_y . � u_ao.e $ 2 � SG moo �a u Eg ` 1 4 :4_,Io r .uszt.)" i'''_____LEI—V-d- L 24J-0-45_4c- icP.41,21 oLL,12124_yr R _E_O_g.__tLt.LI 2 A- 1 A- fa i A 40 PR 0 "44./j). _ 1_7_8-5 - 3 f( f ...�.. L5 P /, cEJ *vtf) ad," 6 r _eta), "7 4:18 C cuLt 614rjr ,rm 0.5 Zsrp,jsr: _ . s gojEJLZ C . L . # 1 F OL L 1 ex frO s S 0,tiL f IT 7"A/ t1 4 no 417 1 J.UN AT y Le_ 6SeD tz C l 00T ?Lg 1ecoP 4A- , ,v -far 3 s G 7 3 / y (Ns rN 5-73 DATE: December 7, 1995 TO: The Honorable Mayor and City Council 77,/fROM: Paul T. Steinman, Community Development Specialist SUBJECT: Topic of Discussion for December 12, 1995, Work Session PURPOSE The purpose of this memo will be to outline a number of questions which need to be addressed to provide direction on this issue to City staff and the Arts Facility Steering Committee. OVERVIEW CITY OF HOPKINS MEMORANDUM The Arts Facility Steering committee recently proposed the construction of a 30,000 square foot arts facility, for a total cost of approximately $3.4 million. Such proposal assumes a site location at the north side of the former Suburban Chevrolet property. The Steering Committee asked, within their proposal, that the Council provide them the go -ahead to begin a fundraising campaign and, in conjunction with this, contract with Opus Corporation to begin design plans of the facility. Discussion at this meeting indicated that various issues needed to be addressed prior to moving forward on this project. These issues are the following: • Referendum • Parking /traffic related to the location of the facility • Project operating cost /revenue estimates • City funding of a $500,000 loan to the School District • Design It was discussed that the Council work session on December 12 would involve a discussion of design issues. The intent of the December 12 work session has been expanded somewhat to also include Council's reaction to other aspects of the project. PS12075A PRIMARY ISSUES Staff feels that, in order to provide adequate direction, the following issues need to be discussed at the December 12 work session by each of the Council members and Council members - elect: • Should a referendum be pursued? • Should staff and the Steering Committee begin to examine other site locations for this project? • What are the specific design elements that the Council would like to see included /excluded from the current Steering Committee proposal? Other issues which staff will be able to participate in addressing are as follows: • What are the financial implications of the $1.5 million expenditure, plus an additional $500,000 loan to the School District? • Should the services of a facilitator be utilized to aid in resolving outstanding issues? • What is an appropriate activity schedule that should be followed over the next several months? CONCLUSION In order for staff and the Steering Committee to continue to pursue this project, it is important that the Council come to some consensus on the three questions identified above, in addition to providing any other direction it feels necessary at this time. PS12075A