HomeMy WebLinkAboutCommunity Development Block Grant Commission - Minutes - 04/09/1998City Council Liaison:
Staff Liaison:
Commission Chairman:
CDBG COMMISSION
MEETING MINUTES
April 9, 1998
Bill Bertschy
Ken Waldo
Holly Sample
REC'e/VEC
MAY 13 7998
CITY
41ANACER
The meeting of the CDBG commission began at 6:30 p.m. in the Community
Planning Conference Room, 281 North College Avenue, Fort Collins, Colorado.
Commission members present included: Holly Sample, Linda Coxen, Al Flores,
Dave Gordon, Violet Guthrie, Bobbie Guye, Philip Majerus, Andy Smith, and William
Steffes. Commission members absent: Tim Ostic and Joe Zimlich. Staff members
present: Ken Waido, Julie Smith, and Mary Hile.
Approval of minutes
Moved by Mr. Steffes, seconded by Ms. Guthrie: To approve the minutes of
February 12, 1998. Motion approved unanimously.
FLOOD RECOVERY PLAN
Affordable Housing Board. Sylvie Glass spoke on behalf of the Affordable Housing
Board. The Board encourages all of the available funds to go toward housing. A
large number of units have been lost due to both the flood and mobile home parks
closing. This number of units is not being replaced. Special attention should be paid
to the Housing Authority, CARE, and Neighbor to Neighbor, as they address lower -
income needs not met by private development. Funding for housing is particularly
appropriate for moneys made available by the Department of Housing and Urban
Development.
CARE. Sister Mary Alice spoke on behalf of CARE. CARE is requesting $45,000 to
aid in its purchase of land close to Rolland Moore Park for low-income families and
senior units. CARE's Board has encouraged development of affordable housing for
seniors as well as families. The land cost is $345,000; $300,000 is available from
CDBG, and the remaining $45,000 could be made available from the flood recovery
funds. Priority would be given to flood victims who meet the CARE housing criteria.
CARE could have acquired less expensive land outside of the city, but the location
would have presented transportation problems for the residents. The proposed
location is more centrally located; residents can benefit from the proximity of
services. The Senior Center is very close to the senior housing. The cost per unit
is inflated by the need to use some of the acreage for nonhousing functions, such
as streets and detention pond. This results in higher -than -usual costs, as
demonstrated by the following cost -per -unit comparison for CARE projects:
CDBG Commission Meeting--,,Ainutes
April 9, 1998
Page 2
Greenbriar, $3,294; Swallow, $5,228; Eagletree, $4,167; the proposed project,
$6,900. In response to a question by the Commission, Sister Mary Alice stated that
the project will serve residents in the 30-40 AMI range.
Neighbor to Neighbor. Mr. Rusty Collins spoke on behalf of Neighbor to Neighbor.
Mr. Collins informed the Commission that the $145,000 of CDBG funding originally
slated for the rehabilitation project has been used for down payment on an eight-
plex unit. The down payment is used in conjunction with an attractive loan package
from Funding Partners.
Four of the units would be rented at $350/month and remain in Neighbor to
Neighbor's stock as permanently affordable. The remaining four units would be sold
as affordable units. The units would be offered at market rate, $67,000 each;
Funding Partners would provide, on paper, $13,000 or 20 percent of the price. The
family purchasing the unit would need no down payment nor mortgage insurance
and would buy the unit for $54,000. A family at 35 percent AMI would thus qualify
for ownership. Flood victims would have highest priority for all units. The 20 percent
provided by Funding Partners would be realized upon eventual sale of the unit.
Those proceeds would be returned to a limited partnership community pool to be
recycled for affordable housing.
Mr. Collins requested that the Commission recommend $70,000 for funding this
project. If the building is not acquired by Neighbor to Neighbor, it will probably be
purchased by private concerns and rented for approximately $700/month.
Additionally, should Neighbor to Neighbor acquire this property, it could be closed
by the end of the month and the units made available almost immediately. Without
the $70,000 funding, the four rental units would rent at $450/month.
In response to questions by the Commission, Mr. Collins reiterated that the four
rental units would remain affordable in perpetuity; however, he cannot promise that
the units for sale can remain permanently affordable. Mr. Waido added his
understanding that any appreciation in the property would be realized by both the
family and Funding Partners. Funding Partners would roll their appreciation back
into the unit to keep it affordable.
In response to further questions, Mr. Collins stated his understanding that with a 20
percent down payment, mortgage insurance was not needed on the units. The units
are all in good shape; an application is being made in the upcoming CDBG funding
year to do some touch-up rehab. No handicapped units are available. The total
purchase price is $430,000, or approximately $53,000 per unit. The appraisal is in
progress, but it is anticipated to come out at about $467,000. All units are two -
bedroom, 800 square feet.
Mr. Collins further stated that Funding Partners is contemplating a six-month bridge
loan in the view that the four units for sale would be sold within six months of
CDBG Commission Meting Minutes •
April 9, 1998
Page 3
closing. Seven of the eight units have leases that expire in the summer, so those
units would be available at that time. Funding Partners is a CDC initiated by Fort
Collins, Loveland, and Larimer County to provide gap and other financing to allow
these types of projects. It is a partnership of cities, businesses, and CSU that
provides financial expertise.
Housing Authority. Shelley Stephens spoke on behalf of the Housing Authority. Ms.
Stephens is requesting $165,000 of flood recovery funds for down payment
assistance for low-income households, specifically targeting the Via Lopez project.
Via Lopez is a home ownership project with $375,000 funding by CDBG with 33
single-family dwelling units. Ownership is by fee simple mortgage. She also
requested that the HOME funds spent for flood victims be replenished in order to
aid families further.
The Housing Authority realized that the original request of $511,000 far exceeded
the available funding. The Housing Authority is working with Neighbor to Neighbor
to do application screening in regard to Via Lopez. Several interested buyers are
flood victims. Therefore, the Housing Authority is requesting $220,000 to be made
available for HOME down payment assistance for Via Lopez and other affordable
housing.
Families may also receive assistance from RCC. CHFA has a 6.95 percent loan
program for first-time homeowners, with 4 percent down payment assistance, or a
6 percent program for families providing 3 percent down. That 3 percent can be met
with HOME assistance. The Via Lopez project is targeting 40 to 60 percent AMI, or
$18,000-20,000/year. In addition to CDBG, the project is receiving subsidy from the
State of Colorado and Federal Home Loan Bank of Topeka.
Water Board. David Frick spoke on behalf of the Water Board. The Water Board
was asked for assistance in optimal expenditures for flood mitigation after the initial
CDBG recommendation. The Water Board focused on improvements to the New
Mercer Canal. This canal captures much of the Avery area runoff and diverts it to
Spring Creek, and improvements would help reduce flooding in that area.
After exploring alternatives, the Water Board's recommendation is to enlarge the
Avery Park pond, allowing considerably more storage water in the area, reducing
the release rate into the canal. This procedure is expected to dramatically reduce
the frequency of water overrunning the canal, which is the primary cause of the
area's chronic flooding.
In response to questions from the Commission, Mr. Frick, City staff members, and
Avery neighborhood residents stated the following:
The ditch can currently be overtopped in a two-year rainstorm; the proposed action
would improve that performance to a 25-year event. The July'97 flood far exceeded
CDBG Commission Meetir, linutes
April 9, 1998
Page 4
that amount. The pond enlargement is part of the overall flooding solution for the
area. The improvements are in the long-range plan but would not be accomplished
for another 10 to 20 years; $27 million of work is slated for that flood basin.
Flooding in the area affects half a dozen homes on a routine basis. From 90 to over
100 houses were affected during the July `97 flood. Multifamily units are affected as
well; 32 units in Woodbox were damaged. Increased homeowner fees can be used
for funding as well, but that affects housing values and affordability. The present
fees are used to pay off debt service and pay for improvements south of Prospect;
improvements must start downstream and work up. Other upstream projects, in
other neighborhoods and bridge crossings, must be accomplished as well.
The pond improvements would enlarge the pond footprint to the west. The City
owns the land, so right-of-way purchases are not needed. Funding sources other
than the flood recovery moneys are not being considered for this project. Spending
the money within 12 months for this project presents no problem. Average fees for
a homeowner in an 8600 square -foot single-family house is approximately $3.58.
The pond has been silted in considerably due to the flooding. The City is working
to restore it as a natural area. The enlargement of the pond would be accomplished
in concert with Natural Resources expanding the natural sanctuary. The problem
presented in this area is comparable to the Old Town basin, because both areas are
older and need more expensive, retrofitted improvements.
Avery Park Neighborhood. Dave Baumgardner spoke on behalf of the Avery Park
Neighborhood Leadership Team. The Team fully supports the funding request for
the project. Unfortunately, the cost structure for the initial CDBG recommendation
was not appropriate for the proposed improvements. The Team feels that the
present proposal is doable and the correct course of action.
Mr. Baumgardner stated that the proposed funding is geared to fixing a problem. All
the programs presented are legitimate and worthwhile, but address programs after
the flood occurs. This proposal addresses elements of the original $40 million
request to HUD, i.e., flood mitigation.
In response to questions from the Commission, City staff members stated that a
smaller funding package would result in a smaller project. In the event of reduced
HUD funds, either the project would be smaller or alternative funding would have
to be found.
The neighborhood feels a certain sense of urgency due to the likelihood of
continued flooding and the effect of excess neighborhood drainage cascading to
other parts of the city, such as CSU. The neighborhood has not discussed fee
raises at present, although fee raises are expected. The problem is exacerbated by
CDBG Commission Aing Minutes •
April 9, 1998
Page 5
newer neighborhoods to the west with their mandated more sophisticated drainage
solutions adding water to the Avery neighborhood downstream.
Frank Oss of the Avery Park neighborhood related his experience of the New
Mercer Ditch flooding his back yard, crawl space, and neighbors' houses. His
property was devalued, and the same thing could happen this summer. Mr. Oss
stated that although he did not have statistics readily available, his home and
others' homes are threatened, and they have a sense of defensiveness, anxiety,
and urgency.
Resource Coordination Committee. Tess Heffernan spoke on behalf of the
Resource Coordination Committee. The Committee is a group of community
members, representing a number of different foundations, working to coordinate
donations and provide case management to flood victims. The Committee has been
working with the various applicants to try to find consensus for the amounts
requested from the grant. Ms. Heffernan posted a list demonstrating a common
ground of approximately $636,000 that the various applicants had acquiesced to in
reducing their programs. Mr. Collins noted that, based upon re-evaluation, the
Neighbor to Neighbor counseling request had been trimmed from $65,000 to
$50,000.
In response to questions by the Commission, Ms. Heffernan stated that other
funding sources had potential, such as the Coors Foundation. Such other sources
are problematic at present.
There were no other speakers. Ms. Sample closed the public comment session of
the meeting. The Commission engaged in the following discussion and courses of
action:
Amount to be disbursed - $511,740.
Amounts requested at the public hearing:
CARE $ 45,000
Neighbor to Neighbor 70,000
Housing Authority, Via Lopez 165,000 (down payment assistance)
Avery neighborhood improvements 327,000
HOME 56,000 (fund replenishment)
Concerns expressed by Commission members during the course of discussion:
CARE is already receiving significant CDBG funding.
Balancing needs to be accomplished between housing needs and flood relief and
mitigation
HUD money was specified for improvements
CDBG Commission Meeting ..iinutes
April 9, 1998
Page 6
Many applicants frequently receive CDBG funding; Avery neighborhood does not.
• Other funding is available for housing; flood relief/mitigation funding is more
limited.
Funding Avery neighborhood improvements is a high priority.
Funding down payment assistance (Housing Authority and/or HOME) is needed to
provide for flood -displaced persons.
• Storm water improvement is needed to relieve chronic flooding in affected areas.
• Due to the difference in amounts requested and amounts available, reduced
awards, at best, should be expected by any applicant.
Staff comments in response to Commission questioning.
Reduction in the amount to Avery neighborhood improvements would result in either
a smaller project or reliance on other funding sources. Construction on the
project is to begin next fall.
The existing surplus for the Avery neighborhood project has already been
earmarked.
The $56,000 for HOME is to replenish funds that were used specifically for relief for
flood victims at higher -than -normal limits. The new HOME funding cycle begins
in October.
The Via Lopez project is slated for completion in late July or August.
Mr. Rusty Collins comments in response to Commission questioning:
Lowering the Neighbor to Neighbor amount to the $45,000 range would increase
the rental units from approximately $350 to $380; would increase the AMI target
by about 3 percent, to 38 percent AMI. The funding has no bearing on the home
ownership element of the proposal.
The Neighbor to Neighbor project is giving priority to flood victims.
Motions by the Commission during the course of discussion:
Moved by Mr. Gordon: To recommend funding of $300,000 to improvements
in the Avery Park neighborhood. Motion failed for lack of a second.
Moved by Mr. Steff es, seconded by Mr. Majerus: To recommend funding of:
Neighbor to Neighbor, $70,000; Housing Authority, $165,000; HOME, $56,000;
Avery Park, $220,740. Moved to amend by Ms. Coxen, failed for lack of a second:
To encourage Neighbor to Neighbor to pursue Coors Foundation funding; any
Federal funds released by such funding be applied to CARE. Motion failed, 4-5.
Final group of motions by the Commission:
Moved by Ms. Coxen, seconded by Mr. Gordon: To recommend funding of:
Housing Authority, $165,000; Avery neighborhood improvements, $327.
CDBG Commission Sing Minutes •
April 9, 1998
Page 7
Moved to amend by Mr. Steffes, failed for lack of a second: To recommend
the remaining funds be applied to down payment assistance.
Amended by Ms. Coxen, with consent of the second: Housing Authority,
$165,000; Avery neighborhood improvements, $300,000; Neighbor to Neighbor,
$46,740.
At the suggestion of Ms. Guthrie, with the consent of Ms. Coxen and the
second, the motion was amended to read: To recommend funding of: Neighbor to
Neighbor, $70,000; Housing Authority, $141,740; Avery neighborhood
improvements, $300,000.
Moved to amend by Mr. Gordon, seconded by Mr. Steffes: To reduce the
recommended funding to Neighbor to Neighbor to $46,750 and Housing Authority,
$141,000; and HOME, $23,260. Motion to amend passed, 6-2.
At the suggestion of Mr. Steffes, with the consent of Ms. Coxen and Mr.
Gordon, the motion was amended to recommend to City Council that the remaining
$27,000 needed for Avery neighborhood improvements be found in general fund
moneys.
Final motion, with approved amendments To recommend funding of: Housing
Authority, $141,000; Avery neighborhood improvements, $300,000; Neighbor
to Neighbor, $46,740; HOME, $24,000. Further, to recommend to City Council
that $27,000 be appropriated from another source, such as general fund
moneys, to provide complete funding for the Avery neighborhood
improvements. Motion passed, 6-2.
OTHER BUSINESS:
Ms. Sample distributed a proclamation from Mayor Azari concerning Community
Development Week.
Attendance and voting by proxy, telephone, or electronic means.
Carrie Daggett of the City Attorney's Office advised the Commission on the
following aspects of the discussion item:
A proxy vote, where a representative of a Commission member attends with
specific voting instructions, would not be permissible. The duties of the Commission
members in listening to presentations and debating issues is not delegable. Proxy
voting is customarily found in corporate board settings rather than commissions.
Telephone attendance is used on occasion in different forums. Attendance
needs to be by speaker phone to provide appropriate interaction. Sometimes visual
CDBG Commission Meeti. Minutes
April 9, 1998
Page 8
aids are discouraging for audio -only attendance. This is a policy decision for the
Commission.
If the Commission is interested in attendance by telephone, it should address
its request to the City Council through the City Clerk's office. Approval would
probably be dependent on the specific conditions of the meeting. Attendance is
subject to the Open Meetings Law, which has certain limiting factors. Audio -only
attendance would also tend to reduce the quality of the public nature of the
proceedings.
Mr. Waido presented Staff's position as opposed to proxy voting. He noted the
discussion that ensued on the flood recovery funds that would have made a proxy
vote ludicrous. In regards to attendance by teleconferencing, he stated that the
following year's agenda was sent in September; while there may be unforeseen
circumstances, the likelihood of having sudden emergencies so as to frustrate a
quorum was unlikely. Although Staff was not opposed to phone conferences in
limited circumstances, it was felt that meetings lasting several hours could be
attended personally more easily than by phone.
Ms. Coxen noted the acceptability of attending by phone in present corporate
settings. In an electronic age, there are reasonable alternatives available when a
Commission member cannot attend personally. She clarified that her prior
suggestion of a proxy vote was in the realm of trusting the proxy to conduct voting
using best judgment, rather than being locked into a predetermined position.
Other Board members expressed their preference for personal attendance at the
meetings. Ms. Sample noted improved attendance since the discussion arose. Ms.
Daggett further noted that although Council members may participate by telephone,
this has not yet been done. Such a problem is generally in City-wide disfavor.
HOME report
Julie Smith reported on this item. Approximately $25,000 of program income has
been realized from property sales and represents the only change in the report. This
figure could expand to $50,000 over next year. Ms. Smith recommended that these
funds be reprogrammed to their original intent, which is homebuyer assistance. Ms.
Smith noted that applicants have requested over $500,000 in construction
acquisition; Staff is proposing a budget level of $200,000 for acquisition.
In response to questions by the Commission, Ms. Smith stated that approximately
$40,000 is represented in personnel costs. That is contained within the 10%
maximum administrative line item, along with such items as homebuyer classes and
environmental statements. An increase in administrative expense would be used on
such things as environmental statements and classes as the program grows. HUD
computer requirements have necessitated yearly upgrading. Many things that
CDBG Commission ling Minutes
April 9, 1998
Page 9
HOME presently does is not charged to the administrative budget
Moved by Mr. Steffes, seconded by Mr. Majerus: To accept the proposed
HOME budget, with program income allocated to homebuyer assistance.
Motion approved unanimously.
TRAC Update
Mr. Waido informed the Commission that the Housing Authority purchased the
promissory note from First National Bank and has begun foreclosure proceedings.
TRAC has 45 days to cure the debt. TRAC is negotiating funding from a Wellington
bank; Staff has concerns with the manner in which that funding may be proceeding.
The loan would be at 9.5%, with a three-year balloon. TRAC would use the loan as
a bridge loan and find lower interest rates once the project is closed. The Housing
Authority has access to 6.9%, or possibly 6.0%, funding. If TRAC closes the project,
the present tenants would not be considered first-time homeowners for homebuyer
assistance programs. Ms. Daggett further mentioned that the Housing Authority is
searching for resolution in ways other than foreclosure, but a meeting of the minds
between the parties may not occur.
Bylaws
Mr. Waido distributed the CDBG Commission bylaws. The City Clerk's Office has
requested review and suggested changes of bylaws from its assorted boards and
commissions.
Moved by Ms. Coxen, seconded by Mr. Steffes: To refer review of bylaws to
committee. Ms. Coxen and Mr. Steffes will coincidentally sere on that committee.
Motion passed unanimously.
Applications
Mr. Waido noted that Staff has received 32 requests for funding, totaling $4.7
million. $1.4 million is available in CDBG funding, and $200,000 available from
HOME. Mr. Waido reviewed the upcoming interview process; five minutes for
presentation and ten minutes for questions and answers. The following meeting, set
for one or two evenings, will be the appropriate time to bring the applications as
scored by Commission members. It was noted that these scores are a guideline to
begin discussion and not binding in any way.
Conflict of interest
Ms. Coxen noted that Jason Meadors, who reports Commission meetings and
produces the minutes, appears on the DDA application. She inquired whether the
situation constitute a conflict. Ms. Daggett stated that the situation was unusual. She
CDBG Commission Meeting „Ainutes
April 9, 1998
Page 10
will review the matter and report to Staff.
Upon motion to adjourn by Ms. Coxen, approved unanimously, the meeting
adjourned at 9:20.