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06-26-06 Special HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES Richfield, Minnesota Special Meeting June 26, 2006 The meeting was called to order by Chair Sandahl at 7:00 p.m. HRA Members Present: Sue Sandahl; Martin Kirsch; Joan Heimberger; David Gepner; and Donna Drummond. Staff Present: Steve Devich, Executive Director; Bruce Palmborg, Community Development Director; Pat Smith, Community Development Manager; Bruce Nordquist, Housing & Redevelopment Manager; Nancy Gibbs, City Clerk; and John Dean, HRA Attorney. Item #1 M/Kirsch, S/Helmberger to approve the minutes of (1) ReQular HRA MeetinQ of April 17. 2006; (2) Special Concurrent HRA/Citv Council/PlanninQ Commission Worksession of April 24. 2006; (3) Special HRA MeetinQ of Mav 2. 2006: and (4) Special HRA MeetinQ of Mav 30. 2006. Motion carried 5-0. Item #2 M/Gepner, S/Drummond to approve the aQenda. Motion carried 5-0. HRA Special Meeting Minutes -2- June 26, 2006 Item #3 A. Approved bid minutes/tabulation and award of contract for demolition of 6400, 6520 and 6528 Cedar Avenue; Cedar Point project, to Michael Scott Construction, including identifying award of contract to alternate bidder #1 to Doboszenski & Sons, Inc., and alternate bid #2 to Carl Bolander & Sons Co. should Michael Scott Construction not be able to perform S.R. No. 21 B. Approved execution of professional services agreement with Cornejo Consulting to conduct analyses of Richfield Redevelopment Project Area related to proposed establishment of Cedar Corridor Tax Increment Financing District S.R. No. 22 M/Kirsch, S/Gepner to approve the Consent Calendar. Motion carried 5-0. Item #4 Community Development Director Palmborg presented Staff Report No. 23. Jim Bernklau, an acquisition specialist of the Velmeir Companies representing CVS, stated CVS would be willing to work with a developer to put a CVS in this area. M/Helmberger, S/Kirsch to delav action tonight and direct staff to come back next month with more options and continue with the 1996 multi-use plan. Motion carried 5-0. Dick Franzmeier, 7532 Garfield Avenue, asked if there are any development plans for the west side of Lyndale Avenue. Community Development Director Palmborg responded no, there are no redevelopment plans at this time. Mr. Franzmeier commented that parking is almost always a concern and please keep that in mind. M/Kirsch, S/Sandahl for the City Council to rezone the area to be consistent with the comprehensive plan. Motion carried 5-0. HRA Special Meeting Minutes -3- June 26, 2006 Item #5 Commissioner Gepner recused himself from comment and vote. Housing & Redevelopment Manager Nordquist presented Staff Report No. 24. M/Kirsch, SlDrummond that the followinQ HRA resolution be adopted. that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 976 RESOLUTION AUTHORIZING THE REPLACEMENT OF PENN PLACE LETTER OF CREDIT Motion carried 4-0. This HRA Resolution appears as HRA Resolution No. 976 Item #6 Housing & Redevelopment Manager Nordquist presented Staff Report No. 25 and the City's response to the Met Council's Summary Report. Commissioner Gepner responded that staff has done a terrific job on this report. M/Gepner, S/Drummond to invite Russ SusaQ of the Met Council to a Worksession with the City Council. Motion carried 5-0. Item #7 Community Development Manager Smith presented Staff Report No. 26 and 27 and reported that changes were made to Items 7,9 and 10 of tonight's agenda. ( HRA Attorney Dean explained changes to the First Amendment to Contract for Private Development Agreement. Mr. Dean also explained changes to the Business Subsidy Agreement. Among the changes to the Contract and Business Subsidy Agreement described were the following: . Established a six-month time period for the commencement of construction of the project. HRA Special Meeting Minutes -4- June 26, 2006 . Provided for the issuance of separate Certificates of Completion for the various portions of the project. . Limited the personal obligation of Developer to pay taxes to payment of special assessments only. Obligation to pay taxes remains as an obligation against the property. . Clarified that breach of obligations created under the Contract as to portions of the property do not constitute cross-breaches as to other portions of the property. . Provided that the obligation to make any "look-back" payment remains an obligation of Developer, and does not pass to any successor in the property. . Required the HRA to assume the developer's obligation with respect to the purchase of certain property in the event that the HRA or the City fail to take certain actions within the timelines contained in the amendment. . Attachment of the documents that will be used to split the Ryan Business Subsidy Agreement into two separate agreements which will be assigned to successor users. The Ryan Business Subsidy Agreement being substantially unchanged from the previous version. HRA Attorney Dean stated that he anticipated more terms and conditions to the contract that may require additional changes to the contract. He then requested that the HRA continue this meeting until Friday, June 30 at 8:30 a.m. Commissioner Kirsch stated he would be at the League of Minnesota Cities Conference and would not be present at the June 30 meeting. M/Kirsch, S/Gepner that the followina HRA resolution be adopted. that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 977 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR PRIVATE .DEVELOPMENT Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 977. Item #8 HRA Attorney Dean discussed Staff Report 27 during the discussion of Item 7. M/Helmberger, S/Kirsch that the followino HRA resolution be adopted. that it be spread in the HRA resolution book and that it be made part of these minutes: HRA Special Meeting Minutes -5- June 26, 2006 HRA RESOLUTION NO. 978 RESOLUTION APPROVING BUSINESS SUBSIDY AGREEMENT CEDAR POI NT-TARGET CORPORATION Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 978. M/Gepner, S/Drummond that the followino HRA resolution be adopted, that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 979 RESOLUTION APPROVING BUSINESS SUBSIDY AGREEMENT CEDAR POINT-HOME DEPOT Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 979. Item #9 Community Development Manager Smith presented Staff Report No. 28. HRA Attorney Dean explained the changes to the Escrow Agreement. The changes included: · Changes in numerous performance dates for actions to be taken in accordance with the terms of the Escrow Agreement. · Revised descriptions of the rights of the parties to terminate the Escrow Agreement, and the consequences of such termination. · Establishment of a timeframe for closing. M/Gepner, S/Helmberger that the followino HRA resolution be adopted, that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 980 RESOLUTION APPROVING ESCROW AGREEMENT WITH RYAN COMPANIES US, INC. Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 980. Item #10 HRA Special Meeting Minutes -6- June 26, 2006 Community Development Manager Smith presented Staff Report No. 29. HRA Attorney Dean explained changes to the Waiver Agreement. Those changes included: . Conditioning Ryan's approval of title upon acceptable deed restrictions. . Moving the list of required City and HRA approvals from the Waiver Agreement to the Escrow Agreement. M/Kirsch, S/Drummond that the followinQ HRA resolution be adopted. that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 981 RESOLUTION APPROVING WAIVER AGREEMENT WITH RYAN COMPANIES US, INC. FOR CEDAR POINT COMMONS Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 981. Item #11 Community Development Manager Smith presented Staff Report No. 30. M/Kirsch, S/Gepner that the followino HRA resolution be adopted, that it be spread in the HRA resolution book and that it be made part of these minutes: HRA RESOLUTION NO. 982 RESOLUTION AUTHORIZING PURCHASE AGREEMENT WITH THE CITY OF RICHFIELD FOR THE PURCHASE OF LAND Motion carried 5-0. This HRA Resolution appears as HRA Resolution No. 982. Commissioner Kirsch thanked HRA Attorney John Dean, City Attorney Thomson and Community Development Manager Pat Smith for all their long hard work. He also thanked all his colleagues for all their hard work and also a thank you to Ryan Companies. Item #12 None. Item #13 HRA Special Meeting Minutes -7- June 26, 2006 M/Kirsch, S/Drummond that the followinQ claims and pavroll be approved. U.S. Bank (5-15-06) Section 8 Checks: 109999 - 110148 HRA Checks: 29474 - 29500 TOTAL U.S. Bank (6-19-06) Section 8 Checks: 110149 - 110300 HRA Checks: 29501 - 29537 TOTAL Motion carried 5-0. $187,368.50 $ 63,667.86 $ 251,036.36 $191,558.12 $ 70,342.82 $ 261,900.94 At 9:05 p.m., by unanimous consent, the meeting was continued to Friday June 30 at 8:30 a.m. in the Richfield City Hall Council Chambers. Date Approved: July 17. 2006 ~~ Nancy Gibbs City Clerk if CITY OF RICHFIELD, MINNESOTA Bid Opening May 25, 2006 11 :00 a.m. 2006 Demolition of Cedar Avenue- Apartment Properties Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2006 Demolition of Cedar Avenue Apartment Properties, as advertised in the official newspaper on May 4 & 11, 2006 and the Construction Bulletin on May 5 & 12, 2006. Nancy Gibbs, City Clerk Katia Medvetski, Community Development Representative Cheryl Krumholz, City Manager Representative The following bids were submitted and read aloud: Present: Bidder's Name Bid Security Lump Sum Bid Price Carl Bolander & Sons Co. Provided $93,210.00 Doboszenski & Sons, Inc. Provided $85,425.00 Ginther Excavating, Inc. Provided $89,000.00 Max Steninger, Inc. Provided $126,850.00 Rachel Contracting Provided $119,113.00 Ramsey Excavating Co., Inc. Provided $147,210.00 Veit & Company, Inc. Provided $110,530.00 Wickenhauser Excavating, Inc. Provided $135,750.00 C & H Excavating Co. Provided $92,000.00 Michael Scott Construction Provided $83,279.00 The City Clerk announced that the bids would be tabulated and considered at the June 26, 2006 Special HRA Meeting. \~.......~..,. City Clerk