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HRA Meeting <br />Minutes – Monday, October 20, 2009 <br />Page 6 <br /> <br /> <br />bullet points under that section and to be included in a development agreement and <br />  <br />disbursement agreement. <br /> <br /> <br />  <br />Ms. Kelsey advised that the Policy had been reviewed by the HRA Attorney (Steve Bubol) to <br /> <br />ensure it provided the best protection for the City and its taxpayers. <br /> <br /> <br />Member Pust suggested that the draft Policy, page 3, Section 4.n be broader, rather than <br /> <br />specific to the State’s first time homebuyer program criteria, in case that program was not <br /> <br />always in place, and allowing that the intent is still met. <br /> <br /> <br /> <br /> <br /> <br /> <br />Staff advised that they would draft several alternatives for consideration to address that intent <br /> <br />  <br />in Section 4.n. (i.e., 20% of median income; based on current market and adjusted annually by <br /> <br /> <br /> <br />state). <br /> <br />  <br /> <br /> <br />Member Pust addressed fees in the draft Policy (page 4, Sections 4.02 and 5.02) and suggested <br /> <br /> <br />revising the language that, whether the project went forward or not, the association should be <br /> <br /> <br />accountable for all City fees related to the HIA or up to a maximum of 2%, whichever is the <br /> <br /> <br />greatest. Member Pust advised that the intent was not make money, but to not lose money in <br /> <br /> <br />providing this opportunity; and should include the City’s hard and soft fees as well as those <br /> <br /> <br />fees similar to any other private developer, including staff time, since this isn’t a public benefit <br /> <br /> <br />to everyone, just the association and therefore, shouldn’t be a public cost; even though there <br />  <br />would be a bigger public benefit in the long-run. <br /> <br /> <br />  <br />Mr. Trudgeon advised that he would consult with the HRA Attorney and review the <br />  <br />parameters in setting s firm fee as part of the assessment; however, that a reasonable estimate <br />  <br />should be available in determining those actual costs. <br />  <br />  <br />Chair Maschka addressed page 1, Section 2.02(A) related to owner-occupied housing, citing an <br />  <br />example in Little Canada, where people were being forced to leave due to the cost; and opined <br /> <br /> <br /> <br />that defining rental and owner-occupied housing was crucial, with the entire purpose of the <br /> <br /> <br /> <br />HIA was to help people. Chair Maschka questioned if by shortening the bond term, it was <br /> <br />  <br />making it more difficult and whether a twenty (20) year term was preferable. Chair Maschka <br /> <br /> <br /> <br />expressed his personal concern that the term may be counterproductive to the purpose, with it <br /> <br />  <br />being about cash flow for those seeking assistance, and needing the longest term possible. <br /> <br /> <br /> <br /> <br />Ms. Kelsey advised that this had been a major discussion piece, but that it was staff’s resulting <br /> <br /> <br />decision that this bond should not be treated any differently than other bonds issued by the <br /> <br /> <br />City. Ms. Kelsey further advised that, in consultation with the City’s Finance Director Chris <br /> <br /> <br />Miller, the City’s bond rating was currently very high, which was a substantial value to the <br /> <br /> <br />City, and part of that rating was based on the City not exceeding that fifteen (15) year bond <br /> <br /> <br />term; with potential jeopardy to the City’s bond rating by using any longer term <br />  <br /> <br /> <br />Chair Maschka opined that an HIA bond would be very small in relationship to the entire <br />  <br />bonding authority of the City. <br />  <br />  <br />Ms. Kelsey advised that HRA funds could also be utilized, negating the need for HIA bonding, <br />  <br />given that only twenty-five (25%) of the homeowners as Westwood Village II ended up <br />  <br />needing financial assistance, rather than the original assumptions, making such financing <br />  <br />viable. Ms. Kelsey, based on the learning curve for this first project, advised that staff would <br /> <br /> <br />spend more time investigating the actual situation to determine the actual financial risk <br /> <br /> <br />involved. <br />  <br /> <br /> <br />Further discussion included the need to continue building the HRA funds in order to provide <br />  <br />this type of assistance; risk determinations; and the relationship between prepayments and a <br /> <br />bond issue. <br /> <br />