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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/04/2005 - RESOLUTION 2005-109 SETTING FORTH THE INTENTION OF ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: October4, 2005 FORT COLLINS CITY COUNCIL STAFF: Chuck Seest SUBJECT Resolution 2005-109 Setting Forth the Intention of the City to Support the Allocation of Private Activity Bond Funding to the Colorado Housing and Finance Authority to Finance Multi-family Senior Housing Revenue Bonds for the Oakbrook Manor I Project. RECOMMENDATION Staff and the Affordable Housing Board recommend adoption of the Resolution. FINANCIAL IMPACT The private activity bonds that will be issued by Colorado Housing and Finance Authority ("CHFA") cannot and will not be obligations of the City of Fort Collins. The debt service on the bonds will be repaid from revenue generated by the Oakbrook Manor I Project(the"Project"). The debt service on the private activity bonds does not constitute a debt of the City. The City has an allocation of $5,018,440 of private activity bonds for 2005. The Applicant will also utilize approximately $2 million of federal low income tax credits. The total cost of the project will be approximately $7.2 million. EXECUTIVE SUMMARY In August 2005,Mr.Chris Hodges,President and Chief Manager of Emerald Housing Partners,LLC (the "Applicant") and Mr. Brian Dale, the Project's investment banker with Newman/GMAC Capital, contacted staff members of the Advance Planning and Finance Departments. They requested that the City consider assigning its annual allocation of private activity bonds to CHFA for the purpose of acquiring and rehabilitating a multi-family senior housing project in central Fort Collins. This development would qualify as an Affordable Housing Project. The Project is located at 3200 Stanford Road and consists of 107 dwelling units. All of the units receive rental subsidies under a project-based Section 8 Housing Assistance Payments("HAP")contract expiring June 2009. Adoption of this Resolution will support the allocation of$5,018,440 in tax-exempt private activity bonds to CHFA for the purpose of acquiring and rehabilitating the Project. The Project is consistent with the City's adopted policies regarding the issuance of multi-family rental housing bonds. The Affordable Housing Board(the "Board")reviewed the Project at its meeting on September 1,2005 (see attached minutes). The Board supports the Project. Due to the September 15 statutory relinquishment date, City staff has made arrangements with the Department of Local Affairs and CHFA not to release any funds to the Applicant until City Council approves this Resolution (see attached letter). October 4, 2005 -2- Item No. 20 Staff finds that the Project is consistent with Council's goal of increasing the quality of affordable housing in the City. If Council approves the Resolution,the City will support the Project Applicant in its application to CHFA. BACKGROUND One of the Council's top priority work plan goals since 1995 has been to increase the quality and affordability of housing in Fort Collins. In 1984, the City adopted policies for the issuance of tax exempt bonds that would acquire, rehabilitate, or maintain the supply of low-income housing. Through the adoption of Resolution 84-179, specific criteria were set to allow the City the opportunity to pursue its commitment to affordable housing in accordance with State and Federal legislation and regulations. The Project has been evaluated according to the criteria for issuance of multi-family revenue bonds set forth in Resolution 84-179. Below, staff has provided a summary of the Project. The Project The Project is planned to be a 107-unit multi-family senior housing project in the central part of Fort Collins. The site is located at 3200 Stanford Road(see the attached map and legal description). The project contains 102 one-bedroom units and 5 two-bedroom units. Financing for the project also includes tax credits in the amount of approximately $2.0 million, thereby improving the overall financial viability of the project. According to the information received from the Project Applicant,the tenancy for all 107 units will be affordable for residents making no greater than 60%of the area median income, and 54 of those units will be affordable for residents making no greater than 30% of area median income. Tenant eligibility and proof of meeting the targeted income clientele will be provided to the City annually and will be regulated by deed restrictions of the tax credit allocation. Criterion#1 The City's policy requires a minimum of 20%of the units be rented to families at or below 70%of median income. The state guidelines are more restrictive, requiring at least 40% of the units to be rented to households at 60% of the area median income. The materials presented for the Project indicate that 100% of the units will be affordable to households at 60% of area median income or lower. The Project meets the first policy criterion. Criterion #2 For restricted units, the rents must be set at 30% of 70% of median income. The rents for this Project will have 50% of the units' monthly rents set at or below 30% of 60% of area median income. The Project meets this criterion. October 4, 2005 -3- Item No. 20 RENT CALCULATIONS Oakbrook Manor I Project Rent Calculations Number of Bedrooms (Assumes an average of 1.5 people per bedroom) 1 Bedroom 2 Bedrooms Income Rent Rent Market Rate $8104830 $1,065-$1,085 60% of Median Income $666 $743 Criterion#3 The City's policy is to request that the owner of the projects provide an additional rent subsidy for the 20% restricted units. (This is an optional criterion, the rent subsidy is provided in lieu of collection of the City's normal issuance fee.) In this Project, 54 of the units will be available for persons or families at 30% of area median income. This can be considered an additional rent subsidy for purposes of this criterion. Criterion #4 This criterion requires the use of#2 and#3 to calculate the actual rents for the restricted units. The Applicant has agreed to do this, thus satisfying this criterion. Criterion #5 This criterion requires final approval for the Project by the Planning and Zoning Board. Since this project is for the acquisition of existing mulit-family units, this criterion does not apply. Criterion#6 This criterion requires that amenities for the low-income units be the same as other units in the Project. The Applicant states that access to complex amenities are open to all residents. All units have the same features and quality. Given that this is an existing housing project, this criterion has been met. Criterion#7 The owner of the Project must meet all Federal and State requirements for the bonds. It is the applicant's intention to meet all requirements. The bond documents for the Project will comply with the requirements. This criterion will be met. October 4, 2005 -4- Item No. 20 Criterion #8 Monitoring of the project management to meet the Federal and State requirements will be assigned to the bond trustee. Bond documents will be drafted with this stipulation. The term of the rent restrictions will be 25 years according to the requirements of the CHFA. This criterion will be met. Criterion #9 and #10 These criteria allow the City to deny a project even if all criteria are met or to vary criteria #1 through#4. Recommendation The Project has been presented to the Board and received its approval. Staff recommends adoption of the Resolution as it supports Council's goal of increasing the quality and affordability of housing and is consistent with the adopted policies for multi-family housing private activity bonds. ATTACHMENTS 1. Legal Description and Map 2. Letter to Department of Local Affairs 3. Draft Affordable Housing Board Minutes - September 1, 2005 ATTACHMENT PROPERTY DESCRIPTION Lot 1, The Oakbrook Apartments Replat of a part of Tract "F" of Southmoor Village Second Filing, County of Larimer, State of Colorado. 111■ ■■■■■ ;� ■ �s/ �` ■� IIIII IIIII�A� �■■■■■■ � IIIIIIII °�■� loss Ism . • I�I�i �� ■ 11111111►� ■ _ �� •����■ . .�� III■■■i�i►� �'� ��� ������ ■� ■■■■■■NTA 1►��I�. ...Hill ` ■■■■ ■/ • girl mmn \ r ♦� �� ■ M� MMIN=E� 1■ Administrative Services ATTACHMENT 2 ,, Finance Administration City of Fort Collins September 14, 2005 Ms. Liz Smith Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Smith: The City of Fort Collins, Colorado (the "City") has an allocation of 2005 private activity bond volume cap (the "PAB") in the amount of$5,018,440. During August, the City was contacted by an applicant seeking to utilize its PAB for a 107-unit multifamily housing project known as Oakbrook Manor I, located at 3200 Stanford Road in Fort Collins, Colorado. The City's Affordable Housing Board met on September 1st and recommended that the PAB be assigned to the Colorado Housing and Finance Authority (the "Authority") to issue bonds for the purpose of financing the acquisition and rehabilitation of the Oakbrook Manor I project. However, the City is unable to formally assign the volume cap to the Authority before the September 15 statutory relinquishment date. Consequently, the City will allow the volume cap to be relinquished to statewide balance and requests that you re-allocate the volume cap directly to the Authority contingent upon formal approval by the City Council on October 4"'. Thank you for your consideration. Yours truly, Charles M. Seest Finance Director City of Fort Collins 215 N. Mason 2nd Floor Fort Collins, CO 80522-0580 Phone: 970-221-6795 E-Mail: cseestnfceov.com 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6788 • FAX (970) 221-6782 ATTACHMENT CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD DRAFT MEETING MINUTES 281 N. College Ave. Fort Collins, Colorado September 1, 2005 Kay Rios, Chair Denise Rogers, Vice Chair Ken Waido, Staff Liaison, 970-221-6753 ! ,�," Kurt Kastein, City Council Liaison, 970-223-0425 Board Members Present: Kay Rios, Denise Rogers, Mill elle s, Kevin Brinkman, Joe Hebert, Jon Fairchild and Peter Tippett. ,,!; rill,. 1 Advance Planning Staff Present: Maurice He Ken Wipido. + xt Council Members Present: None. l'' gh IlBp UP} Guests: Chris Hodges, President a Chief Manager;' erald Housing Partners; Brian Dale, Investment Banker, Ne GMAC, Chug est, Interim Finance Director; Greg Byrne, CPES Executiv r• Darin At City Manager; Ginny Sawyer, Neighborhood Adminisi to' , orhoo ervices. u Kay Rios called the me o order witWi uorum sent at 4:05 p.m. There were no corri{ nts fro i° he public ;�, l ,. New Business , Minutes f The°,+AY '+ t 4 minutes ` e ames 'd to read, on page 3, third paragraph under 3- Unrelat dinance, seOd sen"ence, as follows: t "His first comfy t dealt th the costs of permits and inspections. Based on Ms. Heffernan's Jul ",,;' i; qure 'y' the costs were reasonable, working out to about $5 per month per unit, b' airchild felt that the City should try to keep the costs to that level and try tq"at go higher.,, Kevin Brinkman moved the minutes be accepted as corrected; Peter Tippett seconded, motion carried unanimously. Oakbrook I Private Activity Bond (PAB) Request Maurice Head introduced Chris Hodges, President and Chief Manager of Emerald Housing Partners, the applicant applying for the Oakbrook I Private Activity Bond. Fort Collins Affordable Housing Board September 1, 2005 Minutes Page 2 of 5 Mr. Hodges appeared before the Board to ask them to consider his request for PAB funding. Oakbrook I is a low-income, 100% project based Section-8 apartment complex for seniors that has gone into foreclosure. Emerald Housing Partners plans to purchase and rehabilitate the property using a combination of private activity bonds and 4% low income tax credits. The lending and investing partners are Newman/GMAC of Denver and Paramount Financial Group, who will purchase the private activity bonds. �illSia, The property will be evaluated by a third party engineers I"m. $700,000 to $800,000 in renovation work is needed, as required by income tax credit program, including roof and parking lot repair are ne ed. odges would also like to replace original appliances and carpeting., blition, s , Id Housing Partners will gather tenant input and work to i i0v."the prope other areas. Mr. Hodges informed the Board that property ' no ions and enha`" ents will not increase rents nor displace tenants, sip pro pyy is Section sidized. Michelle Jacobs asked the applicant to explain th _ tion of private activity bonds. Mr. Hodges responded that the PA , rovide cash to", ire the project and perform rehabilitation. Brian Dale, an inves banker with' man/GMAC, explained that the private activity bonds are a st rate furl echanism. The PAB are revenue bonds, therefore they ar' ec' suppo d by operations of the property and the mortgage of the prop y. re from federally allocated money, and are not ani tlon of the ' , of Fort ins. 4 �M ' gg Kay Rios said she ewes it ssentlaI the the property be kept affordable for seniors. Mr. Hodgeg' the and that the' 'perty currently has a very high occupancy rate and a n feels A renovation will improve marketablli,�.,r;, EI rope 1 y' 'b4 5 year HAP renewal. Rents recently have bedJu wn t ': rket, an' 'given the recent renewal and high occupa y of the pra Mr. e� is confident the Section-8 subsidization will be rengw specially if rope 3s rehabilitated with PAB and low income tax credit fu j Kay Rios as""'` the Bo ' a' to provide a recommendation to Council to approve Chris - gel request for PAB funding. Jon Fairchild moved to approve the req' oe Hebert seconded. Motion passed unanimously. .i�la. Brian Dale informedthe Board that September 15 was the date for PAB funding relinquishment for municipalities. Chuck Seest assured the Board that he would work to expedite the process in order to be ready for Council's September 20, 2005 meeting. Budgeting for Outcomes Update Darin Atteberry, City Manager, began with a brief description of the City's motivation for switching to the Budgeting for Outcomes process. For the last two Fort Collins Affordable Housing Board September 1, 2005 Minutes Page 3 of 5 decades, the City's sales and use tax revenues have increased at a rate of 8% to 13% a year, and City spending has matched that. Recently, however, the revenue curve growth has decreased to a rate of 0% to 3%; City spending must decrease at a similar rate. Mr. Atteberry said the City must refocus on economic health given the current funding environment. Budgeting for Outcomes is a tool to evaluate the worth of services and departments. Mr. Atteberry listed proposed funded and cut budget items for various City services. The new budget will include specific service cuts rather than artmental-wide reductions. Affordable housing program funding will be les, aftlithe $2.3 million dollar goal recommended in the City Manager's 10 year i " et outline. The affordable housing production fund will be cut, but affp i ousing program funding and staff support will continue with a $133,0 cone' 'on from development fees. Mr. Atteberry stated that he 1$ of Irecomrii` using $2.3 million for affordable housing production In lig4 offer budget *: I f;y Dial-A-Ride will be decreased from its currylil A ext to the mini area necessary to meet federal ADA requirements. A- ,will take a /o to 25% cut in the proposed budget, which will save the proximately $700,000. NI Kay Rios and Michelle Jacobs expires' .toeir concern E the people who will suffer the most from the new budgeft"T 9 and low i citizens, seniors, and youth. She pointed out that the y'sle hou, Ig stock is already less than it should be. li -, i ii In addition, Council hl he City M ager's Ofti�ice for a report on the effectiveness and iency o cards and 09mmissions. Council would like to study the amount o I y tim nvolved, anc�lh ftether existing boards with overlapping agendas s ' 0 . ;' d Mr 4tteberry said the City strongly believes in ��p4 I lof Bo t'. an gip' ns, but that more citizen involvement may . im� �i ity costs. , i The;,,l udget must ' delive '` `to the City Clerk by the first Monday in Sept em The City Mger'sl�fFice delivers a recommended budget to Council, who has thI! ithority to ll unfunded offers above the funding line and rearrange the order of ng priories. Citizen participation is possible September 1 through Novem' 115. lards and Commisions can help facilitate public involvement fetters and attending Council work sessions. The final reading is on Noveer 15. The approved budget will take effect January 1, 2006. Kay Rios stated that the Board should download the online draft budget after September 5, and find areas they believe are being under prioritized by the City. Kay Rios asked staff to include Budgeting for Outcomes to the October agenda. The Board will make a memo to Council regarding their position at that time. 3-Unrelated Ordinance Update Fort Collins Affordable Housing Board September 1, 2005 Minutes Page 4of5 Ginny Sawyer from the Neighborhood Quality of Life Task Force gave an update on the 3-Unrelated Ordinance. The August 23 Council work session proposed a new definition of family that will separate occupancy from the definition of family so that the City will not have to prove relatedness. On October 18, the task force will go back to Council and P&Z Board for Land Use Code changes. Agenda Item Summary gives the new language for the occupancy limit change - a single family home would house three adults and their dependants, or a single family and one caretaker. The provision in home occupation .two boarders is being removed as well, so that single family homes cannot, Pa loophole for more than four unrelated adults. The task force will provide Council with two options = and , oth options Change violation from a criminal to a civil offens , I t n A IirrN,, ccupancy to three unrelated adults. Option B includes a citl"deiermit for u&,.. our adults, with requirements for parking, safety certifiq ons, and a 3 year pe ' fees Ms. Sawyer stated the current fee estimate is ON range's, . $225 to $2 �K order to keep the system self sustaining. Ms. Sawyer a ot. t not definj family based on occupancy has appeased many critics oil " 'ordinance. Kay Rios asked that staff add th nrelated 0�� nce to the October agenda. Ms. Sawyer agreed to s° raft ordi ''to the Board. The Board will make a recommendatio }m Councl 't their October meeting. „ � ,r, �� Old Business i It U date Re orts tin om tee Efforts None ,a ' tli I 9N%j{,''11gil%'l3 . llililt"m a i�E , P a Liaisoq eports ,b ;„ None ; Other Busiiri'"'isl' Open Board Discu I` 4661 Kay Rios informed everyone of a Red Cross Benefit at the Sunset Event Center Saturday, September 3 to benefit Hurricane Katrina victims. Kay Rios introduced Marilyn Heller, League of Woman Voters, organizer of the Affordable Housing bus tour. Ms. Heller said the tour still has open spaces and invited the Board to attend. The tour is September 23, at 8 AM, beginning at the mission and visiting various affordable housing projects in Fort Collins. Fort Collins Affordable Housing Boa e @Amy tz awns Page , ys The Board «Baulk the Fall competitive process rankings _«q for Thursday, September ksrm Stfwill notify Board & email and mg paw to absent member Meeting adjourned ysPm. Respectfully submitted by a9wmeskr sptmber20, kS Ail\. k l 1116 ¥ ?`y y d it f Wi � I J ± � : n\ Ilk ` al tl > ) . :y \ "ll, . it { 1 © ,^ 99 .. + k « `'#, / .g Till, : �. %l rd �� >y y / y :y :t:x K RESOLUTION 2005-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH THE INTENTION OF THE CITY TO SUPPORT THE ALLOCATION OF PRIVATE ACTIVITY BOND FUNDING TO THE COLORADO HOUSING AND FINANCE AUTHORITY TO FINANCE MULTI-FAMILY SENIOR HOUSING REVENUE BONDS FOR THE OAKBROOK MANOR I PROJECT WHEREAS, the City of Fort Collins (the "City") is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing multi-family rental housing projects for low-income seniors; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to finance such rental housing projects and for certain other purposes (the"State Ceiling"); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing and Finance Authority (the "Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the City had an allocation of the 2005 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of up to $5,018,440 prior to September 15, 2005 (the "2005 Allocation"); and WHEREAS, the City was approached in late August 2005 by Emerald Housing Partners, LLC (the "Applicant") who sought to apply for the City's allocation of the 2005 State Ceiling for the issuance of Private Activity Bonds for the Oakbrook Manor I Project (the "Project"); and WHEREAS, due to the limited time between Applicant's statement of interest and the September 15, 2005 statutory relinquishment date, the City could not assign its allocation of the 2005 State Ceiling to the Applicant; and WHEREAS, on September 14, 2005, the City requested that the Colorado Department of Local Affairs ("DOLA"), which manages the State Ceiling, reserve an amount equal to the City's 2005 Allocation until October 5, 2005; and WHEREAS, DOLA indicated a willingness to reserve $5,018,440 and authorize the Authority to issue Private Activity Bonds for the Applicant's Project if the City Council were to determine that the Project qualifies as an affordable housing project under City policy and ordinances; and WHEREAS, the City Council has determined that, in order to increase the availability of adequate affordable housing by low- and moderate-income persons and families within the city and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the $5,018,440 to advance that objective; and WHEREAS, the City has determined that the Project, a multi-family housing project for low-income seniors located at 3200 Stanford Road near the central part of Fort Collins, which includes 107 housing units and various management, maintenance and community areas, or, if the Project does not proceed, for one or more rental housing projects for low- and moderate- income persons and families in the Fort Collins area, is an important improvement that would augment affordable housing in the City of Fort Collins. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fort Collins as follows: Section 1. That the City of Fort Collins would benefit by the increased availability of adequate affordable housing and hereby determines that the Project qualifies for affordable housing funds as an affordable housing project under the City's policy and ordinances. Section 2. That the City Manager is hereby authorized to take such steps or actions as may be necessary to effectuate the purposes of this Resolution. Section 3. That if any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. Section 4. That this Resolution shall be in full force and effect upon its passage and approval. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of October, A.D. 2005. Mayor ATTEST: City Clerk