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091613completeagenda CITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 16, 2013 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE ******************************************************************************************************* SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY WORKSESSION BARTHOLOMEW ROOM 7:00 P.M. AGENDA Call to order Roll call 1. Discussion regarding development proposals for Cedar Point II development area Notes: _________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Adjournment ******************************************************************************************************* REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING COUNCIL CHAMBERS 7:45 P.M. AGENDA Call to order Roll call 1. Approval of the minutes of the (1) Special Concurrent HRA and City Council Worksession of August 19, 2013; and (2) Regular HRA Meeting of August 19, 2103 2. HRA approval of the agenda th 3. Consideration of a proposal made by the owners of 6844-10 Avenue for a settlement of a $30,000 deferred loan in the amount of $26,094.28 Staff Report No. 45 Notes: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 4. Consideration of a resolution allowing the acceptance of monetary support solicited for the 2013 Landscaping Good Neighbor Award Staff Report No. 46 Notes: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 5. Consideration of giving staff formal direction on seeking proposals for the Cedar Point II Development Area Staff Report No. 47 Notes: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 6. HRA discussion items Notes: ___________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 7. Executive Director Report Notes: ___________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 8. Claims and Payroll Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. HOUSING AND REDEVELOPMENT AUTHORITY MINUTES gt:e*eedRichfield, Minnesota Special Concurrent HRA and City Council and Worksession August 19, 2013 CALL TO ORDER The meeting was called to order by HRA Chair Sandahl and Mayor Goettel at 6:04 p.m. in the Bartholomew Conference Room. ROLL CALL HRA Members Sue Sandahl, Chair; Steven J. Quam; Doris Rubenstein; Debbie Goettel; and Present: David Gepner (arrived 6:44 p.m.) Council Members Debbie Goettel, Mayor; Pat Elliott, and Sue Sandahl. Present: Council Members Edwina Garcia and Tom Fitzhenry. Absent: Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community Development Director; Christine Costello; Economic Development Coordinator; and Cheryl Krumholz, Executive Coordinator. Item # 1 DISCUSSION REGARDING CEDAR POINT HOUSING REDEVELOPMENT AREA (HRA MEMO NO. 39 AND COUNCIL MEMO NO. 71) Community Development Director Stark provided the background related to the Cedar Point Redevelopment Area that included development of higher-density residential housing in the two blocks known as the Phase II Housing Redevelopment Area. He continued that the main impetus of the plan was and is to convert single-family land uses and structures that are incompatible with noise generated by the MSP Airport. Community Development Director Stark explained the Request for Qualifications (RFQ) and Request for Proposal (RFP) process and distribution to developers. He stated that staff received one formal proposal from Sherman Associates for the development of senior housing and office/retail which will be built in a later phase. Since the closing of the process, staff has been made aware of another developer who was not included in the distribution process and requested an opportunity to submit a proposal. The development was advised that they could submit a proposal but nothing has been received to date. Special Worksession Minutes -2- August 19, 2013 Economic Development Coordinator Costello discussed the noise mitigation consent decree to which the City and the Metropolitan Airports Commission jointly agreed. Andy Hughes, Sherman Associates, explained the limitations of the site for redevelopment and that a market study indicated a strong demand for senior housing. He added that market rate housing is not an option for this site because it is better suited for transitional housing. He stated Sherman Associates is interested in continuing to work with the City. Mr. Hughes stated that the proposal presented this evening is the exact same as that presented to the HRA on June 17, 2013. Sherman Associates believes this is the best fit for the site. HRA Commissioner/Mayor Goettel questioned the lack of mixed use and expressed concern regarding the shadow impacts from the height of the buildings. She continued that she had hoped for something different than senior housing. HRA Commissioner Rubenstein expressed agreement with Commissioner Goettel that there is no difference from the proposal in June. HRA Commissioner Quam questioned the sound attenuation differences in the proposed 100% affordable versus 55+ market rate housing. Mr. Hughes explained that senior housing demands are more internal and affordable housing provides opportunities for other income sources needed to assist with funding gaps. HRA Commissioner/Mayor Goettel and HRA Commissioner Rubenstein requested staff seek other developers for new proposals and that the Housing Visioning Task Force values and concepts be included. Council Member Elliott stated that there needs to be a realistic approach with the airport so close to the site. HRA Commissioner Gepner arrived at 6:44 p.m. Executive Director/City Manager Devich explained the original use for the proposed site. He reminded the HRA and Council of the HRA's financial obligation on the assessments. HRA Chair/Council Member Sandahl stated multi-family housing made sense and suggested market rate be included. HRA Commissioner Quam stated he believed the 100% affordable housing was the biggest issue. Community Development Director Stark explained the next step would be the HRA to formally consider an exclusive rights agreement for Sherman Associates. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:00 p.m. Date Approved: September 16, 2013. Suzanne M. Sandahl Chair Cheryl Krumholz Steven L. Devich Executive Coordinator Executive Director HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES geAtieed Richfield, Minnesota Regular Meeting August 19, 2013 CALL TO ORDER The meeting was called to order by Chair Sandahl at 7:03 p.m. ROLL CALL HRA Members Sue Sandahl, Chair; Doris Rubenstein; David Gepner; Steven J. Qum; Present: and Debbie Goettel Staff Present: Steven L. Devich, Executive Director; John Stark, Community Development Director; and Cheryl Krumholz, Executive Coordinator. Item #1 APPROVAL OF MINUTES OF (1) REGULAR HRA MEETING OF JULY 15, 2013 AND (2) SPECIAL HRA MEETING OF JULY 29, 2013 M/Goettel, S/Rubenstein to approve the minutes. Motion carried 5-0. Item #2 HRA APPROVAL OF AGENDA M/Gepner, S/Rubenstein to approve the agenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of approval of authorizing.staff to enter into a professional services contract with Shadid MARKET(ing)SM Consulting, LLC for services related to research and planning of marketing housing programs to Richfield residents S.R. No. 40 B. Consideration of approval of a resolution consenting to a driveway easement and a reciprocal easement agreement relating to the Lyndale Gardens development S.R. No. 41 HRA Meeting -2- August 19,2013 HRA RESOLUTION NO. 1162 RESOLUTION CONSENTING TO EASEMENTS FOR THE BENEFIT OF LYNDALE GARDENS LLC AND LAKEWINDS NATURAL FOODS COOPERATIVE This resolution appears as HRA Resolution No. 1162. M/Goettel, S/Quam to approve the Consent Calendar. Motion carried 5-0. Item #4 PRESENTATION AND CONSIDERATION OF ACCEPTING RICHFIELD HRA ANNUAL TAX INCREMENT DISTRICT STATUS UPDATE S.R. NO. 42 Rebecca Kurtz, Ehlers and Associates, presented the HRA annual Tax Increment District status update. M/Sandahl, S/Goettel to approve the Richfield HRA annual Tax Increment District status update. Motion carried 5-0. Item #5 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION AUTHORIZING THE SALE OF 6808— 14TH AVENUE TO JON PUES AND KATHLEEN F. WALSH- PUES AND A CONTRACT FOR PRIVATE DEVELOPMENT WITH JON PUES AND KATHLEEN F. WALSH-PUES FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME UNDER THE RICHFIELD REDISCOVERED PROGRAM S.R. NO. 43 Community Development Director Stark presented HRA Staff Report No. 43. Jon Pues, applicant, was present for questions. M/Gepner, S/Goettel to close the public hearing. Motion carried 5-0. M/Rubenstein, S/Quam that the following resolution be adopted and that it be made part of these minutes and to approve a contract for private development with Jon Pues and Kathleen F. Walsh-Pues for the construction of a single family home under the Richfield Rediscovered Program: HRA RESOLUTION NO. 1163 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 6808 14th AVENUE TO JON PUES AND KATHLEEN F. WALSH-PUES Motion carried 5-0. This resolution appears as HRA Resolution No. 1163. Item #6 CONSIDERATION OF RESOLUTIONS APPROVING THE 2014 PROPOSED HRA BUDGET AND TAX LEVY AND 2013 REVISED HRA BUDGET S.R. NO. 44 Community Development Director Stark presented Staff Report No. 44. HRA Meeting -3- August 19,2013 M/Sandahl, S/Rubenstein that the following resolutions be adopted and made part of these minutes: HRA RESOLUTION NO. 1160 RESOLUTION APPROVING PROPOSED 2014 HOUSING AND REDEVELOPMENT AUTHORITY BUDGET AND CERTIFYING THE 2014 TAX LEVY HRA RESOLUTION NO. 1161 RESOLUTION AUTHORIZING REVISION OF THE 2013 BUDGET OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD Motion carried 5-0. These resolutions appear as HRA Resolution Nos. 1160 and 1161. Item #7 HRA DISCUSSION ITEMS Community Development Director Stark provided an update on the 66th Street Corridor. Item #8 EXECUTIVE DIRECTOR REPORT Executive Director Devich stated the HRA budget reflects the revitalization of innovation and creativity in marketing Richfield. Item #9 CLAIMS AND PAYROLL M/Sandahl, S/Goettel that the following claims and payrolls be approved: U.S. BANK 08/19/13 Section 8 Checks: 123789 - 123914 $ 170,919.00 HRA Checks: 31807 - 31832 $ 106,765.50 TOTAL $ 277,684.50 Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:54 p.m. Date Approved: September 16, 2013 Suzanne M. Sandahl Chair Cheryl Krumholz Steven L. Devich Executive Coordinator Executive Director AGENDA ITEM#: 3 REPORT#: 45 STAFF REPORT ee ee HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 16, 2013 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON,HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: KAREN BARTON, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0- A%�� REVIEWED BY EXECUTIVE DIRECTOR: 1 / ITEM FOR HRA CONSIDERATION: Consideration of a settlement of a Housing and Redevelopment Authority Deferred Loan. I. RECOMMENDED ACTION: By Motion: Approve or deny a proposal made by the owners of 6844 10th Avenue for a settlement of a $30,000 Deferred Loan in the amount of $26,094.28. II. EXECUTIVE SUMMARY Eugene and Jennifer Shold (Homeowners) are requesting that the Housing and Redevelopment Authority (HRA) accept a settlement of$26,094.28 for a $30,000 HRA Deferred Loan. The Deferred Loan Program provides assistance with home maintenance and repairs and is funded with Community Development Block Grant (CDBG) funds. The Homeowners have received an offer to purchase their property for $199,000; however, the amount they owe on the property is $290,293.72. The first mortgagor has agreed to accept a settlement of$143,000 for a first mortgage of$230,388. Acceptance of the settlement offer by the HRA will enable the Homeowners to avoid foreclosure. 09162013 Loan Settlement Request 6844 10`h.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • In 2006, the Homeowners received a Deferred Loan in the amount of $30,000 in order to make necessary repairs to their home. The loan is deferred with no payments or interest, and is forgiven after 30 years. If the property is sold or transferred within the 30 year period, the loan becomes due and payable. • Due to financial and personal reasons, the homeowners are attempting to sell the property to avoid foreclosure. They have received three offers on the property, the highest of which is $199,000 (the current Estimated Market Value is $180,000). After paying off the first mortgage, fees and commissions, closing costs, and City-required repairs, the settlement leaves the homeowners $3,905.72 short of covering all costs. Debt Amount Owed I Proposed I Settlement e Ratio Settlement Rat o First Mortgage (Mortgage $230,388 $143,000 1 62% Depot) New Home Second Mortgage $30,000 : $26,094.28 1 87% HRA Seller Paid Concessions $5,970..... $5,970......1..................................................._100%..... .......................................... . Settlement Charges $20.,025.60..; $20,025.60 ' 100% Taxes/Water $3 91._0 1 2.....e $3,910.12 /o 100 o TOTAL . ......................_...............................................................................................:...................._$290,293.72.....!............... $199,000.00..................................................68...5%..._ B. POLICY • The HRA acts to protect its financial interests. • The Mortgage Foreclosure Response Program Procedural Guidelines state as follows: "Staff will consider short sale offers and negotiate as high of repayment as possible. Action will be taken quickly so as to not disrupt the short sale opportunity and cause the homeowner to enter into foreclosure." • The purpose of the Deferred Loan Program is to provide loans to Homeowners earning less than 80 percent of the Twin Cities Area Median Income (AMI) to make improvements that address health and safety or property maintenance items. C. CRITICAL TIMING ISSUES • If the HRA and the Homeowners cannot reach an agreement regarding the payoff of the HRA mortgage, the property will be foreclosed upon. The Sheriff's sale was held in June 2013. The six- month redemption period will expire in December at which time the first mortgagor will take ownership of the property. • The purchase agreement requires the Homeowners to close on or before October 21, 2013. D. FINANCIAL • The attached letter from the Homeowners describes the financial difficulties they have encountered that have led to foreclosure. • The first mortgage lender has agreed to a redemption amount of $143,000. This amount is 62 percent of the $230,388 total amount owed. • The HRA has a subordinated position to the primary lender. If the property is foreclosed by the lender, the HRA would likely receive nothing. • Neighborhoods in which there are one or more foreclosed and vacant homes have detrimental impacts on the surrounding property values. • The loan was funded with CDBG funds. The HRA established the requirement that a borrower must repay the loan at the sale of the property. There is no federal requirement to repay the funds. • The HRA has received five requests for a short sale settlement in the past two years. The HRA agreed to the following settlements: o $2,500 out of$25,000 (10%) o $1,000 out of$1,577 (63%) o $0 out of$8,249.95 (0%) o $2,600 out of$26,000 (10%) o $5,040 out of$10,080 (50%) E. LEGAL • Legal counsel has confirmed the HRA's authorization under a short sale. IV. ALTERNATIVE RECOMMENDATION(S) • Deny the proposed settlement. • Propose a different settlement amount. • Authorize staff to negotiate a settlement amount within certain parameters. V. ATTACHMENTS • Letter from Eugene and Jennifer Shold, 6844 10th Avenue South VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Eugene and Jennifer Shold, Homeowners Eugene (Geno)and Jennifer(Jeni) Shold 6844 10th Avenue South Richfield, MN 55423 Re: Property: 6844 10th Ave S., Richfield, MN 55423 Hardship Letter relating to Current Mortgage Foreclosure Subj.: Mortgage Foreclosure Short Sale To Whom It May Concern Our mortgage foreclosure hardship began in January, 2009. Being a very small self-employed corporation at the time, a client withheld paying their$55,000 invoice.This put our family in a tight financial situation. In October, 2009,and again in December, 2009 Geno underwent necessary shoulder surgeries. Each surgery required 3-4 months recovery with no use of each shoulder. Being self-employed at the time,we did not have an income for seven months. We entered foreclosure with our home approximately June, 2010. In June, 2013 our home had the sheriff sale. We would like to short sale our home to help our family move forward.Your help in this process would be greatly appreciated! Sincerely Eugene (Geno) and Jennifer(Jeni)Shold AGENDA ITEM#: 4 REPORT#: 46 STAFF REPORT ee'ge HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 16, 2013 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON,HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: KAREN BARTON, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR • NAME,TITLE DEPARTMENT DIRECTOR REVIEW: •• r�f REVIEWED BY EXECUTIVE DIRECTOR: I 41/ AIM ITEM FOR HRA CONSIDERATION: Consideration of a resolution accepting contributions for the 2013 Landscaping Good Neighbor Award. I. RECOMMENDED ACTION: By Motion: Approve a resolution allowing the acceptance of monetary support solicited for the 2013 Landscaping Good Neighbor Award. II. EXECUTIVE SUMMARY The Community Development Department has solicited donations to be used as prizes for the Landscaping Good Neighbor Award. Three businesses have provided funds and gift certificates for the 2013 awards. The Richfield/Bloomington Credit Union donated $150.00 to be used for gift cards for all ten semi-finalists. The top three winners will receive two additional gift cards each. Wagners Garden Center donated $90 in three $30.00 gift cards and Linder's Garden Center donated $150 in three $50.00 gift cards. State law requires the Housing & Redevelopment Authority (HRA) to receive the funds by resolution. III. BASIS OF RECOMMENDATION 09162013 Acceptance of LGNA Donations.docx A. BACKGROUND • For 15 years, the Community Development Department has offered awards to homeowners who beautify their neighborhood with exceptional gardens and landscaping. • Every year, the Department solicits donations from local businesses to offer as prizes to the winners. B. POLICY • The Administrative Services Department issued a memo on November 9, 2004 requiring that all grants and restricted donations to departments be received by resolution and passed in accordance with Minnesota Statute 465.03. C. CRITICAL TIMING ISSUES • Donations have been received and used for the program as indicated by the donors. D. FINANCIAL • The financial donations have been deposited in the Fund supporting the designated program. • RBCU donated $150.00 to cover ten $15.00 gift cards, which staff purchased from Menards. • Wagners Garden Center donated three $30 gift cards ($90 total). • Linder's Garden Center donated three $50.00 gift cards ($150 total). E. LEGAL • Minnesota Statute 465.03 requires that every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution. IV. ALTERNATIVE RECOMMENDATION(S) • Return the donations to the donors. V. ATTACHMENTS • Resolution approving the acceptance of donations. • List of donations and specified areas for the donation to be applied. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A - 1 RESOLUTION NO. RESOLUTION AUTHORIZING RICHFIELD COMMUNITY DEVELOPMENT DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED BUSINESSES FOR DESIGNATED USES WHEREAS, the Community Development Department, received checks and gift cards from the following for the 2013 Landscaping Good Neighbor Award; Richfield Bloomington Credit Union Linder's Garden Center Wagner's Greenhouses and, WHEREAS, Minnesota Statute requires every acceptance of a grant or devise of real or personal property on terms prescribed by the donor be made by resolution; and, WHEREAS, the donated funds will be used towards the designated events sponsored by Richfield Community Development Department. NOW, THEREFORE, BE IT RESOLVED that the Director of Community Development will accept and distribute the donations as specified. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of September, 2013. Suzanne M. Sandahl, Chairperson ATTEST: Doris Rubenstein, Secretary � -a Checks or Gift Cards Received 2013 Business Name Amount of Donation Designation $150.00 Richfield/Bloomington Landscaping Good Credit Union (RBCU) (to be used for ten $15 Neighbor Award gift cards) Cinder's $150.00 Landscaping Good (three $50 gift cards) Neighbor Award Wagner's Greenhouses $90.00 Landscaping Good (three $30 gift cards) Neighbor Award Total: $390.00