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10-16-00 agendai ._ ._ CITY OF RICHFIELD, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY MONDAY, OCTOBER 16, 2000 RICHFIELD CITY HALL 6700 PORTLAND AVENUE COUNCIL CHAMBERS 7 P.M. AGENDA Call to order Approval of minutes of (1) Regular HRA Meeting of September 18, 2000; (2) Special HRA Meeting of September 25, 2000; and (3) Special HRA Meeting of September 27, 2000 1. Opportunity for citizens to address the HRA on items not on the agenda Notes: 2. HRA approval of agenda 3. Consent Calendar contains several separate items which are acted upon by the HRA in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further HRA action is necessary. However, any HRA Commissioner may request that an item be removed from the Consent Calendar and placed on the regular agenda for HRA discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing. issuance of Certificate of Completion to Asche and Associates for 6915-13th Avenue, under Richfield Rediscovered Program S.R. No. 61 B. Consideration of approval of resolution consenting to time extension to request eminent domain proceedings within Interchange West area S.R. No. 62 • Notes: ADMINISTRATIVE REPORTS AND OTHER BUSINESS 4. Update on City Bella Staff Report No. 63 Notes: PUBLIC HEARING 5. Public hearing regarding HRA's annual Public_.Housing Authority Plan for Richfield's Section 8 Housing Assistance Program Staff Report No. 64 Notes: • RESOLUTIONS 6. Consideration of resolution modifying Richfield Redevelopment Project Area and modifying Gramercy Tax Increment Financing District, Urban Village Tax Increment Financing District, Richfield Rediscovered 1999 Tax Increment Financing District, A-5 Tax Increment Financing District, and B-5 Tax Increment Financing District Staff Report No. 65 Notes: 7. Consideration of resolution authorizing eminent domain proceedings to acquire certain real properties located within Interchange West area Staff Report No. 66 Notes: 8. Consideration. of resolution authorizing use of quick take procedure in pending • condemnation actions within Interchange West area Staff Report No. 67 Notes: ADMINISTRATIVE REPORTS AND OTHER BUSLNESS 9. Redevelopment status update Notes: 10. Executive Director report Notes: 11. Claims and payroll 12.Oath of office to HRA Commissioner Kristal Stokes Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 612-861-9702. • i • AGENDA SECTION:. _ R snl i ions AGENDA ITEM # 8 REPORT # h ~ REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOPMENT MANAGER NAME, TLTLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, T[TLE DEPARTMENT DIRECTOR REVIEW: ~ ~~ ~ ~ REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a resolution authorizing the use of the "quick take" procedure in pending condemnation actions in the Interchange West area. I. RECOMMENDED ACTION: By Motion: Approve a resolution authorizing the use of the "quick take" procedure in pending condemnation actions in the Interchange West area.- III. BACKGROUND ~ On July 17, 2000 and September 18, 2000 the Richfield Housing and Redevelopment Authority (HRA) approved resolutions allowing condemnation activities to begin on several properties in the Interchange West area. The approved condemnation was for properties generally known as Walser Auto Sales., Canine College, the Masonic Temple and two properties owned by Leaseback Properties. At the time, condemnation was initially requested and approved for these properties for traditional condemnation proceedings, which typically takes twelve months to resolve. The schedule for the redevelopment of the Interchange West area, 1016quic however, warrants the use of "quick take" condemnation proceedings, which can be resolved in three to four months. III. BASIS OF RECOMMENDATION A. POLICY • The HRA entered into a Contract for Private Development (Contract) with Best Buy Co., Inc. on March 20, 2000. • Section 3.2 of the Contract allows Best Buy to request that the HRA acquire those properties for which Best Buy has been unable to reach a negotiated agreement through eminent domain. • On July 17, 2000 and September 18, 2000, the HRA approved condemnation for several properties in the Interchange West area. The Contract, and redevelopment law, permit the use of "quick take" .condemnation proceedings. B. CRITICAL ISSUES • The schedule for the redevelopment of the Interchange West area, however, warrants the use of "quick take" condemnation proceedings. C. FINANCIAL • In accordance with the Contract, Best Buy will be responsible for all the HRA costs associated with this condemnation action. D. LEGAL HRA legal counsel drafted the attached resolution. IV. ALTERNATIVE RECOMMENDATION~S~ Do not approve the conversion of the existing condemnation actions in the Interchange West area to "quick take" actions; this would have an adverse affect on the overall schedule of the redevelopment. V. ATTACHMENTS Draft of resolution (A final draft of the resolution will be distributed prior to the HRA meeting) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • HRA legal counsel Mr. Dave Menke and Ms. Laura Ramme Giertsen from Opus Northwest, LLC DRAT RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE USE OF "QUICK-TAKE" PROCEEDINGS IN PENDING CONDEMNATIONACTIONS WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and organized under law, with all of the powers enumerated in Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, the HRA is authorized to develop and carry out redevelopment plans and redevelopment projects, as those terms are respectively defined in Minnesota Statutes, Section 469.002, subdivisions 16 and 14; and WHEREAS, the City of Richfield on June 14, 1993 adopted a redevelopment plan (the "Redevelopment Plan") for the Richfield Redevelopment Project Area (the "Project .Area"), and on June 14, 1999 adopted a modification to the Redevelopment Plan and established the Interchange West and Lyndale Gateway Tax Increment Financing District (the "TIF District"). WHEREAS, the Plans, as modified, contemplate the acquisition of certain real properties which are located in the Project Area; and WHEREAS, the HRA has entered into a contract for private redevelopment (the "Contract") of land lying within the TIF District portion of the Project Area and WHEREAS, by Resolution No. 771, adopted on July 17, 2000 and Resolution No. adopted September 18, 2000, the HRA has authorized the acquisition of certain properties in the Project Area by eminent domain (the "Properties");and WHEREAS, the Contract contemplates acquisition of all of the properties necessary for the project, including those properties identified in Resolution Nos. 771 and ,by February 1, 2001; and WHEREAS., in order to meet completion deadlines set forth in the Contract, construction on the project is scheduled to commence on or about April 30,-2001; and WHEREAS, in order to meet the construction deadlines for the redevelopment project contemplated by the Contract, it is necessary for the HRA to acquire title to and possession of the Properties in accordance with Minnesota Statutes, 117.042; and WHEREAS, the HRA desires that property owners and tenants be given as much advance notice of the so-called "quick-take" date as possible. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The HRA deems it necessary, in order to meet anticipated construction schedules, to acquire title to and possession of the Properties prior to the filing of a final report of commissioners, in accordance with Minnesota Statutes, Section 117.042. Z. The HRA's attorney and staff are authorized and directed to take all necessary and appropriate actions to acquire title to,and possession of the Properties in accordance with Minnesota Statutes, Section 117.042. The HRA's attorney and staff are authorized to establish the so-called "quick-take date" at the latest date that can be negotiated with the developer. The date of possession shall be not earlier than February 1, 2001 (as contemplated by the Contract) and shall not be later than April 30, 2001. (the construction commencement date necessary to complete the required improvements by the deadline established in the Contract). 3. The Properties to be acquired are described on the attached Exhibit A. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. ATTEST: Thomas E. Harms, Chairperson Mike Sandahl, Secretary r: FINAL AGENDA SECTION: RESOLIITION AGENDA ITEHI. 8 REPORT ~: 67 RESOLUTION NO. RESOLUTION AUTHORIZING AND DIRECTING THE USE OF "QUICK-TAKE" PROCEEDINGS IN PENDING CONDEMNATION ACTIONS _ WHEREAS,, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and organized under law, with all of the powers enumerated in Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, the HRA is authorized to develop and carryout redevelopment plans and redevelopment projects, as those terms are respectively defined in Minnesota Statutes, Section 469.002, subdivisions 16 and 14; and WHEREAS, the City of Richfield on June 14, 1993 adopted a redevelopment plan (the "Redevelopment Plan") for the Richfield Redevelopment Project Area (the "Project Area"), and on June 14, 1999 adopted a modification to the Redevelopment Plan and established the Interchange West and Lyndale Gateway Tax Increment Financing District (the "TIF District"). WHEREAS, the Plans, as modified, contemplate the acquisition of certain real properties which are located in the Project Area; and WHEREAS, the HRA has entered into a contract for private redevelopment (the "Contract") of land lying within the TIF District portion of the Project Area and WHEREAS, by Resolution No. .771, adopted on July 17, 2000 and Resolution No. 781, adopted September 18, 2000, the HRA has authorized the acquisition of certain properties in the Project Area by eminent domain (the "Properties"); and WHEREAS, the Contract contemplates acquisition of all of the properties necessary for the project, including those properties identified in Resolution Nos. 771 and 781 ,by February 1, 2001; and WHEREAS, in order to meet completion deadlines set forth in the Contract, construction on the project is scheduled to commence on or about April 30, 2001; and WHEREAS, in order to meet the construction deadlines for the redevelopment project contemplated by the Contract, it is necessary for the HRA to acquire title to and possession of the Properties in accordance with Minnesota Statutes, 117.042; and WHEREAS, the HRA desires that property owners and tenants be given as much advance notice of the so-called "quick-take" date as possible; and NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: 1. The HRA deems it necessary, in order to meet anticipated construction schedules, to acquire title to and possession of the Properties prior to the filing of a final report of commissioners, in accordance with Minnesota Statutes, Section 117.042. 2. The HRA's attorney and staff are authorized and directed. to take all necessary and appropriate actions to acquire title to and possession of the Properties in accordance with Minnesota Statutes, Section 117.042. The HRA's attorney and staff are authorized to establish the so-called "quick-take date" at the latest date that can be negotiated with the developer. The date of possession shall be not .earlier than February 1, 2001 (as contemplated by the Contract) and shall not be later than April 30, 2001 (the construction commencement date necessary to complete the required improvements by the deadline established in the Contract). Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. ATTEST: Thomas E. Harms, Chairperson Mike Sandahl, Secretary • • • AGENDA SECTION: Resolutions AGENDA ITEM # ~ REPORT # 6 6 STAFF REPORT ~ HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 16,.2000 REPORT PREPARED BY: JOHN STARK, COMMUNITY DEVELOPMENT MANAGER NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~~/~~~_ REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a resolution authorizing eminent domain proceedings to acquire certain real properties located within the Interchange West area. I. RECOMMENDED ACTION: By Motion: Adopt a resolution authorizing eminent domain proceedings to acquire certain real properties within the Interchange West area. II. BACKGROUND On March 20, 2000, the Richfield Housing and Redevelopment Authority (HRA) adopted, and entered into a Contract for Private Development (Contract) with Best Buy for the redevelopment of the Interchange West area. The Contract contemplates the private acquisition of properties by Best Buy wherever possible. Section 3.2 of the Contract, however, allows Best Buy to request that properties be acquired through condemnation. The Contract stipulates that this request can 1016 Cond • come only after Best Buy has taken reasonable steps to acquire property for which the request is being made. Best Buy has demonstrated that they have made diligent efforts to negotiate the purchase of the properties in the Interchange West area. Most of these negotiations have resulted in the execution of private purchase agreements between Best Buy and property owners, including agreements with all 68 homeowners, eight commercial property owners and the owners of two apartment complexes.. On July 17, 2000, the HRA authorized condemnation of six properties owned by Walser Auto Sales and related entities located within. the Interchange West area. On September 18, 2000, the HRA authorized condemnation on four additional non-residential properties in the area. Best Buy's attached correspondence contains a request that the HRA acquire the remaining two apartment complex properties through condemnation. These properties are ..located at 2015 West 77th Street (South Court Apartments) and 7601 Logan Avenue South (Logan Manor Apartments). Best Buy reports that purchase offers were initially made on these properties in early June and that further efforts to reach a negotiated purchase agreement with the property owners. have been unsuccessful. Exhibit A of the attached resolution gives the full address, parcel identification number and owners of these properties. Mr. Dave Menke and Ms. Laura Ramme Giertsen of-Opus will be available to report on property acquisition. III. BASIS OF RECOMMENDATION A. POLICY • The HRA entered into a Contract for Private Development with Best Buy Co., Inc. on March 20, 2000. • Section 3.2 of the Contract allows Best Buy to request that the HRA acquire those properties, for which Best Buy has been unable to reach a negotiated agreement, through eminent domain. • Under the Contract, Best Buy has until November 15, 2000 to request condemnation. • Best Buy has submitted a Request for Condemnation for certain properties. B. CRITICAL ISSUES • The timely acquisition of properties is critical to the schedule of this project. • • • The objective will be to continue negotiations on all parcels for which HRA condemnation proceedings has been sought. C. FINANCIAL • In accordance with the Contract, Best Buy will be responsible for all the HRA costs associated with this eminent domain action. D. LEGAL • Legal counsel has reviewed the Request for Condemnation and has found that Best Buy has satisfied the requirements set forth in Section 3.2 of the Contract. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the resolution authorizing the use of eminent domain for the acquisition of the identified properties. To approve this at a later date may have an adverse impact on the overall schedule. V. ATTACHMENTS • Resolution authorizing eminent domain proceedings to acquire certain real properties • Best Buy letter regarding request for condemnation VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mr. Dave Menke and Ms. Laura Ramme Giertsen of Opus Northwest, LLC • HRA legal counsel Corrine Thomson C RESOLUTION NO. • RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTIES WHEREAS, the Housing and Redevelopment Authority in and for the. City of Richfield, Minnesota (the "HRA") is a housing and redevelopment authority duly constituted and organized under law, with all of the powers enumerated in .Minnesota Statutes, Sections 469.001 to 469.047 (the "Act"); and WHEREAS, the HRA is authorized to develop and carry out redevelopment plans and redevelopment projects, as those terms are respectively defined in Minnesota Statutes, Section 469.002, subdivisions 16 and 14; and WHEREAS, the City of Richfield on June 14, 1993 adopted a redevelopment plan (the "Redevelopment Plan") for the Richfield Redevelopment Project Area (the "Project Area"), and on June 14, 1999 adopted a modification to the Redevelopment Plan .and established the Interchange West and Lyndale Gateway Tax Increment Financing District (the "TIF District"). WHEREAS, the Plans, as modified, contemplate the acquisition of certain real properties (the "Properties") which are located in the Project. Area and which are more particularly described below in this resolution; and • WHEREAS, the HRA has entered into a contract for private redevelopment (the- - "Contract") of land lying within the TIF District portion of the Project Area (including; but not limited to the Properties); and WHEREAS, the Developer under the Contract is not in default of any of its obligations thereunder, and the HRA is satisfied that the Developer has endeavored reasonably, but without success, to negotiate the acquisition of the Properties; and WHEREAS, the Developer has informed the HRA of the status of such efforts and has established, to the satisfaction of the HRA, that there is no substantial likelihood that further negotiations would be productive; and WHEREAS, the Developer has requested that, in accordance with the terms of the contract, the HRA commence eminent domain proceedings, and that such proceedings be undertaken as soon as possible so as to assure that the Properties will be available for development when needed; and WHEREAS, the HRA is satisfied that the Developer has complied with the requirements of the Contract concerning such request; and WHEREAS, the HRA has retained a qualified independent appraiser to estimate the market value of the Properties; and WHEREAS, the HRA wishes to ensure that the owners of the Properties are allowed a reasonable period of time to respond to said offer; and WHEREAS, the Contract contemplates acquisition of all properties necessary for the project, including the Properties, by February 1, 2001; and WHEREAS, in order to meet completion deadlines set forth in the Contract, construction on the Project is scheduled to commence on or about April 30, 2001; and WHEREAS, in order to the construction deadlines for the redevelopment project contemplated by the Contract, it is necessary for the HRA to acquire title to and possession of the Properties in accordance with Minnesota Statutes,.117.042; and WHEREAS, the HRA desires that property owners and tenants be given as .much advance notice of the so-called "quick-take". NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: It is necessary to acquire the Properties as described below in this resolution in order for the HRA to carry out the purposes of the Plans, as modified, and the Act, to deal with properties that are structurally substandard and. to eliminate and prevent the development or spread of conditions of blight found to exist by the City and the HRA. 2. Acquisition of the Properties by eminent domain, in the manner provided by Minnesota Statutes, Chapter 117, is deemed to be necessary and for a public purpose and is hereby authorized. 3. The HRA deems it necessary for the reasons set forth in the Plans, as modified, to commence condemnation of the Properties. 4. The HRA's staff is authorized to review and approve the appraisal reports prepared by the independent appraiser and to make offers to the property owners based upon the appraised values of the properties as approved by staff. 5. The HRA deems it necessary, in order to meet anticipated construction schedules, to acquire title to and possession of the Properties prior to the filing of a final report of commissioners, in accordance with Minnesota Statutes, Section 117..042. 6. The HRA's attorney and staff are authorized to commence and prosecute to completion eminent domain proceedings to acquire fee simple absolute title to the Properties, pursuant to Minnesota Statutes, Section 117.042 and to pay to the owner(s) or into court a sum of money equal to the HRA's approved appraisal of value for the Properties, as determined by staff. Provided, however, that eminent • domain proceedings shall not be commenced until at least 14 days after the HRA's attorney or staff has mailed offers to purchase the Properties to the fee owners of the Properties. The HRA's attorney and staff are authorized to delay commencement of proceedings beyond said 14-day period if they deem it to be in the HRA's interests or in the interests of facilitating a negotiated settlement of the Properties between the properly owners and the developer. • 7. The HRA's attorney and staff are authorized to establish the so-called "quick-take" date at the latest date that can be negotiated with the developer. The date of possession shall be not earlier than February 1, 2001 (as contemplated by the Contract) and shall not be later than April .30, 2001 (the construction commencement date necessary to complete the required improvements by the deadline established in the Contract). 8. The Properties to be acquired are described on the attached Exhibit A. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. ATTEST: Mike Sandahl, Secretary Thomas E. Harms, Chairperson • EXHIBIT A Legal Descriptions of Properties to be Acquired Parcel 1: Tax record owner: South Court, L.L.C. Street address: 2015 West 77th Street Tax parcel PID: 33-028-24 33 0008 Legal Description: The South half of the following described premises: Beginning at a point on the South line of said sections 656 feet East of the Southwest corner of Section 33, Township 28, Range 24; thence running North 1312.96 feet; thence East 163.8 feet; thence South 1312.77 feet; thence West 164 feet to the point of beginning, except the South 328.4 feet thereof, and except the North 166 feet of the East 59 feet, according to the United States Government Survey thereof and situated in Hennepin County, Minnesota. Parcel 2: Tax record owner: Klos Family Limited Partnership Street address: 7601 Logan Avenue South Tax parcel PID: 33-028-24 34 0006 Legal Description: The North 173.00 feet of the North half of the West 5 acres of the Southeast Quarter of the Southwest Quarter, Section 33, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota • • October 10, 2000 VIA MESSENGER Ph.: (612) 861-9705 Richfield Housing and Redevelopment Authority Attn: Samantha Orduno, Executive Director 6700 Portland Avenue South Richfield, MN 55423 RE: Contract for Private Development by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD AND BEST BUY CO., INC., -Request for Condemnation Dear Samantha:. In accordance with Article III of the Contract for Private Development by and between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD AND BEST BLTY' CO:, INC., .Best Buy hereby requests condemnation of that portion of the Development Property attached to this letter as Exhibit A ("Condemnation Property"). ..Best 'Buy hereby submits the following as part of this request. 1. That Best Buy has taken all reasonable steps to acquire the Condemnation Property, including making offers to the owners with purchase prices at or better .than fair market value, including relocation expenses, based upon information furnished to us by qualified appraisers and a qualified relocation consultant. 2. That Best Buy has the financial ability to acquire the Development Property and construct the Development. A copy of Best Buy's most recent annual report and 10-K has been previously provided to the Authority. 3. That based on preliminary investigations Best Buy is not aware of any conditions that would prevent Best Buy from proceeding with the acquisition and development of the Development Property. 4. That attached to this letter as Exhibit B is a list of all residential properties within the Development Property. As indicated on the exhibit, Best Buy now has fully executed purchase agreements on all sixty-eight (68) residential properties. 5. That attached to this letter as Exhibit C is a list of all commercial properties within the Development Property .showing the properties where purchase `~d~~n~~a8°t~~1~5~'f~.~ying Cloud Drive. ~ -Eden Prairie, MN 55344 • 612/947-2000 Mailing Address: P.O. Box 9312 • Minneapolis, MN 55440 • NYSE Symbol: BBY Richfield Housing and Redevelopment Authority October 10, 2000 Page 1 of 2 agreements or options to .purchase have been executed and the properties where no purchase agreements or options to purchase have been executed. At this time, Best Buy has executed purchase agreements with most of the property owners and has requested condemnation on the balance of the property identified. Despite this effort, however, it is possible that property exists which has not been. identified. In view of this possibility, Best Buy requests that the deadline for requesting condemnation for any remaining property or property interests necessary for the Best Buy project be extended until January 31, 2001. If there is any other information you need, please advise. Thank you. Sincerely, 'Pwr~ ~• `c~~_ James E. Istas Associate General Counsel Ph.:612/995-7082 w/ enc. cc: George Lopuch (w/o enc.) Joe Joyce (w/o enc.) Pat Matre (w/o enc.) Della Kolpin (w/o enc.) Kennedy & Graven, Chartered (Via Messenger) 470 Pillsbury Center Minneapolis, MN 55402 Attention: John B. Dean Ph.: (612) 336-9207 Opus Northwest, LLC (Via Messenger) Opus Corporate Center 10350 Bren Road West Minnetonka, MN 55343 Attn: Timothy W. Murnane Ph: (952) 656-4568 Faegre & Benson (Via Messenger) 2200 Norwest Center 90 South 7`~ Street Minneapolis, MN 55402 Attn:. Mark Savin • EXHIBIT A Property Owners and Legal Description of Condemnation Properties L>/.9/.~/.~/.~/69/a4/~A/sY/O/.m'/.!?'IM/~/.M/d`Y.dV.~/.~Y.q/.W/.~/.~'/.~/~/.~/N'/B/O/df/.P/~/.£9/~Yw9hB/~/tlw/A/~'/.~/i•/.~/m'/p/®'/®/,S~/'IM/N/~/.A/A./.e~'/.w'/.~Y..~/..E'/.1!/ /aY/.l//d.'iP'/R.'.~/®/~/CS:-.~, ~1~/a*/O/,.dV.! Property Owner: Property Address: Richfield, Minnesota The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: The South half of the. following described premises: Beginning at a point on the South line of said sections 656 feet East of the Southwest corner of Section 33, Township 28, Range 24; thence running North 1312.96 feet; thence East 163.8 feet; thence South 1312.77 feet; thence. West 164 feet to the point of beginning, except the South 328.4 feet thereof, and except the North 1.66 feet of the East 59 feet, according to the United States Government Survey thereof and. situated in Hennepin County, Minnesota. Property Owner: Klos Family Limited Partnership Property Address: Logan Manor Apartments South Court, L.L.C. 2015 West 77~' Street 7601 Logan Avenue South Richfield, Minnesota The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: The North 173.00 feet of the North half of the West 5 acres of the Southeast Quarter of the Southwest Quarter, Section 33, Township 28, Range 24, according to the United States Government Survey thereof, Hennepin County, Minnesota. • EXHIBIT B SUMMARY ANALYSIS Residential Site Acquisitions -Best Buy Headquarters • Map ~~~ Numtter roperly Owner Pr.~r.~, Address treet Name Purchase Agreement Si ned 1 Church of St. Richard 7601 Penn Ave. South X 2 Churoh of St. Richard (Greg Esly) 7 Penn Ave. South X 3 Mohamed 8 Bashes Sharief 761 Penn Ave. South X 4 Gladys H. Jensen 7621 Penn Ave. South X 5 James Lang 762 Penn Ave. South X 6 Somboun & Vy Voresane 7 Penn Ave. South X 7 Cynthia 8 Michael Triggs 763 Penn Ave. South X 8 Ronald & Hellen Matheson 764 Penn Ave. South X 9 Syewart & Alice Stotesbery 7 Oliver Ave. South X 10 John & Helen Cretzmeyer 7 Oliver Ave. South X 11 Christopher M. Hankins 761 Oliver Ave. South X 12 Ann Louise Strub Trustee (Joseph) 761 Oliver Ave. South X 13 Esther L Link (Esther 8 Thomas Haley) 762 Oliver Ave. South X 14 Paul F. & Louise J. Ragatz 762 Oliver Ave. South X 15 Bankers Trust Co. of CA (Lucretia Smith & Thomas Brothen) 762 Oliver Ave. South X 16 Robert & Loraine Guthe 7 Oliver Ave. South X 17 Jason & Demina Popowski 7 Oliver Ave. South X 18 Vuthy & Ra Kour 7 Oliver Ave. South X 19 Rt Selloff & M Selloff 7601 Oliver Ave. South X 20 Barbara L Gresbrink 7 Oliver Ave. South X 21 Guy S Julie Astell 761 Oliver Ave. South X 22 Elizabeth and Wendy Adams 7621 Oliver Ave. South X 23 James & Catherine Bergin 762 Oliver Ave. South X 24 Tracy and Kenneth Tracy 7 Oliver Ave. South X 25 Florence Laverne Smith 7 Oliver Ave. South X 26 William & Mary Topero 764 Oliver Ave. South X 27 Todd W. Anondson 7 Newton Ave. South X 28 Gisela & Leonard Hardie Jr. 760 Newton Ave. South X 29 Rueban & Carol Tulikangas 761 Newton Ave. South X 30 Levine J. Eischen 762 Newton Ave. South X 31 John& Lavone Tinker - 762 Newton Ave. South X 32 L. Abrahamson (James Tripp & Margaret Knutson) Newton Ave. South X 33 Joan M. Fuller 7 Newton Ave. South X 34 Lois A. Lovdal 7 Newton Ave. South X 35 John & Leone Grady 7601 Newton Ave. South X 36 TL 8 DL Nelson (Daretta Honer) 7 Newton Ave. South X 37 MJ Miller & PJ Miller (Mark Miller) 7611 Newton Ave. South X 36 Hans Van Schagen 761 Newton Ave. South X 39 Stan Thompson & Diana Thompson 762 Newton Ave. South X 40 Charles Beaty 762 Newton Ave. South X 41 Gary & Patricia Hughes 7 Newton Ave. South X 42 Elmer R. Seaberg (Mary Seaberg) 7639 & 7641 Newton Ave. South X 43 Kenneth & Louise Neslund (Sheri Keep) 7643 8 7 Newton Ave. South X 44 Terry & Debbie Ahlstrom 7 Morgan Ave. South X 45 Thomas 8 Lynn Penney 7 Morgan Ave. South X 46 Bruce 8 Diane Wettemach 761 Morgan Ave. South X 47 Thomas Mead & Donna Kupfer-Mead 762 Morgan Ave. South X 48 Mary Ellen Mathieu 762 Morgan Ave. South X 49 Roper & lone Rolstad 762 Morgan Ave.. South X 50 Sandra Adelmann 7 Morgan Ave. South X 51 Margareta E Lagemieier 7 Morgan Ave. South X 52 Nimtella & Doodnauth Dial 7 Morgan Ave. South X 53 David Bakke & Lydia Bakke 7601 Morgan Ave. South X 54 Chris & Chnisse Bomeman 7 Morgan Ave. South X 55 John McCune 761 Morgan Ave. South X 56 Maurice & Sandra Engen 7621 Morgan Ave. South X 57 Donna & Daniel Koch 762 Morgan Ave. South X 58 Helen Anderson 762 Morgan Ave. South X 59 Genet 8 Roman Abebe 763 Morgan Ave. South X 60 Frances 8 George Demont 7645 & 764 Morgan Ave. South X 61 Thomas K. Satre 191 76th Street West X 62 Paul D. Kachelmeier 7608 & 761 Logan Ave. South X 63 Wayne Peterson 8 Trent McKay 761 Logan Ave. South X 64 Delaine Curtis Rud 762 Logan Ave. South X 65 Jon & Mary Jo Straub 7626 &'762 Logan Ave. South X 66 Martin SChroepfer 7 Logan Ave. South X 67 David Workman & Catherine Workman 7636 & 7 Logan Ave. South X 68 Kevin L Anderson Et al 7 Logan Ave. South X TD7ALS: - 06 EXHIBIT C Summary Analysis Commercial Site Acquisitions -Best Buy Headquarters Property Owner (Use) Property Address Street Name Purchase Agreement Signed 7601 Company (Logan Manor Apartments) 7601 Logan Ave. South (3) Century Lodge No 338 (Masonic Lodge) 761 Logan Ave. South (1) Pioneer Plastics 762 Logan Ave. South x Ed Cirkl (ASAP Mailing Services) 763 Logan Ave. South x Dall Foods Inc (Tom Thumb) 7600 Knox Ave. South x William Stiles (Nichol's Electric) 7608 Knox Ave. South x Leaseback Prop. Ltd. Partner 7626 Knox Ave. South (1) The Diplomats 2101 77th Street West x South Court LLC 201 77th Street West 3) Leaseback Prop. Ltd. Partner 7701 Morgan Ave. South 1 Jon & Sandra Lonneman 770 Morgan Ave. South x Mary L. Whiting 771 Morgan Ave. South 1) Milton Westlund (Westlund Associates) 7700 Logan Ave. South x Holmes Limited Partnership (Outdoors Again) 7701 Logan Ave. South x Wall MCCarth 1900 West 78th Street x Walser 2100 West 78th Street 2) • TOtal: 9 I (1) On September 18,:2000 the HRA authorized eminent domain on these properties. (2) On July 17,.2000 the HRA authorized eminent domain on this property. (3) Subject properties requesting eminent domain authorization at October 16, 2000 HRA meeting. • AGENDA SECTION: AGENDA ITEM # REPORT # J STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING ~ OCTOBER 16, 2000 Resolutions 65 SID INMAN AND REBECCA KURTZ, FREERS BL ASSOCIATES, INC. REPORT PREPARED BY: PAM BOOKHOUT, REHABILITATION SPECIALIST NAME, TITLE REPORT PRESENTER: BRUCE PALMBORG, COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a resolution modifying the Richfield Redevelopment Project Area and modifying the Gramercy Tax Increment Financing District, Urban Village Tax Increment Financing District, Richfield Rediscovered 1999 Tax Increment Financing District, A-5 Tax Increment Financing District, and B-5 Tax Increment Financing District. I. RECOMMENDED ACTION: By Motion: Approve a resolution modifying the Redevelopment Plan for the Richfield Redevelopment Project Area and modifying the Gramercy Tax Increment Financing Plan, Urban Village Tax Increment Financing Plan, Richfield Rediscovered 1999 Tax Increment Financing Plan, A-5 Tax Increment Financing Plan, and B-5 Tax Increment Financing Plan. 1016 TIF Modifications II. BACKGROUND Since 1990, the Richfield Rediscovered New Construction Program has provided the vehicle for the purchase and clearance of small, substandard houses and the availability of vacant lots for the construction of larger, single family homes, The demand for this new housing continues. Over time, however, the dynamics of the program have changed such that a new approach to funding was required in order to sustain the program.. To that end, in 1999 the City of Richfield sold General Obligation Bonds to provide funding for the 2000 Richfield Rediscovered Program. These bonds are paid for utilizing the 15 percent trust fund revenue source from the Gramercy and Urban Village tax increment projects. The Housing and Redevelopment Authority (HRA) and City Council. have. recently completed actions to expand the property to be acquired and to provide funding for the next several years. The proposed modifications herein account for those payments from the Gramercy and Urban Village tax increment projects and add an additional 11 parcels that will be available for acquisition. The modifications are specifically aimed at the following: Modification of Richfield Redevelopment Projec# Area Plan: • Modification to the parcels to be acquired in the Gramercy Tax Increment Financing (TIF) District, Urban Village TIF District and Richfield Rediscovered TIF District; • .Modification to the Sources of Funds to include interfund loans in the Gramercy TIF District and Urban Village TIF District; • Modification to the Original Tax Capacity and Tax Rate, the Estimated Captured Net Tax Capacity Value/Increment, and the Estimated Impact on Other Taxing Jurisdictions of the Gramercy TIF District to include current values; • Modification to the Uses of Funds to include City Bella in the Gramercy TIF District; • Modification to the Sources of Revenue/Bonded Indebtedness to increase the total to $63,000,000 in the Gramercy TIF District; and • Modification to the Statement of Goals and Objectives and the Legal Description of Property for the A-5 and B-5 TIF Districts. Modification to the Gramercy Tax Increment Financing Plan: • Modification to incorporate the list of 28 acquisition parcels from. the Richfield Rediscovered 1999 Tax Increment Financing (TIF) Plan; • • Modification to incorporate the new list of 11 additional acquisition parcels currently under the Richfield Rediscovered 1999 TIF Plan: Address Parcel Numbers 6856 Park Avenue 26-028-24-33-0103 1015 East 69th Street 26-028-24-34-0050 6616 Second Avenue 27-028-24-42-0064 7232 Second Avenue 34-028-24-13-0121 6620 Fifth Avenue 27-028-24-41-0028 6309 Bryant Avenue 28-028-24-11-0049 6440 Humboldt Avenue 28-028-24-24-0009 7515 Humboldt Avenue 33-028-24-42-0077 6919 Logan Avenue 28-028-24-34-0064 6856 Park Avenue 26-028-24-33-0094 6539 Oliver Avenue 28-028-24-23-0092 • Modification to allow the use of Gramercy TIF District increment for eligible project costs on Richfield Rediscovered 1999 TIF Plan acquisition parcels and new acquisition parcels; • Modification to include the current Impact on the Tax Base, Impact on the Tax Rates, and Estimated Captured Tax Capacity Upon Project Completion; • Modification to recognize the possibility of future modifications to the Richfield Rediscovered 1999 TIF Plan and list of acquisition parcels and the need to simultaneously modify the Gramercy TIF Plan to continue to allow the use of Gramercy increment to pay eligible project costs for the Richfield Rediscovered acquisition parcels; • Modification to allow for interfund loans to cover project expenses and to include language stating the City's intention to pay back the interfund loans with tax increment funds; and • Modification of the Sources and Uses of Revenue/Bonded Indebtedness and the Uses of Funds to include an increase to a total of $63,000,000 due to the addition and identification of the construction of a mixed-use commercial/housing component referred to as City Bella. Modification to the Urban Village Tax Increment Financing Plan: • Modification to incorporate the list of 28 acquisition parcels from the Richfield Rediscovered 1999 TIF Plan; • Modification to incorporate the new list of 11 additional acquisition parcels currently under the Richfield Rediscovered 1999 TIF Plan: Address Parcel Numbers 6856 Park Avenue 26-028-24-33-0103 1015 East 69th Street 26-028-24-34-0050 6616 Second Avenue 27-028-24-42-0064 7232 Second Avenue 34-028-24-13-0121 6620 Fifth Avenue 27-028-24-41-0028 6309 Bryant Avenue 28-028-24-11-0049 6440 Humboldt Avenue 28-028-24-24-0009 7515 Humboldt Avenue 33-028-24-42-0077 6919 Logan Avenue 28-028-24-34-0064 6856 Park Avenue 26-028-24-33-0094 6539 Oliver Avenue 28-028-24-23-0092 • Modification to allow the use of Urban Village TIF District increment for eligible project costs on Richfield Rediscovered 1999 TIF Plan acquisition parcels and new acquisition parcels; • Modification to allow for interfund loans to cover project expenses and to include language stating the City's intention to pay back the interfund loans with tax increment funds; and • Modification to recognize the possibility of future modifications to the Richfield Rediscovered 1999 TIF Plan and list of acquisition parcels and the need to simultaneously modify the Urban Village TIF Plan to continue to allow the use of Urban Village increment to pay eligible project costs for the Richfield Rediscovered . acquisition parcels. • Modification to the Richfield Rediscovered 1999 Tax Increment Financing Plan: • Modification to incorporate the new list of 11 additional acquisition parcels currently under the Richfield Rediscovered 1999 TIF Plan: Address Parcel Numbers 6856 Park Avenue 26-028-24-33-0103 1015 East 69th Street 26-028-24-34-0050 6616 Second Avenue 27-028-24-42-0064 7232 Second Avenue 34-028-24-13-0121 6620 Fifth Avenue 27-028-24-41-0028 6309 Bryant Avenue 28-028-24-11-0049 6440 Humboldt Avenue 28-028-24-24-0009 7515 Humboldt Avenue 33-028-24-42-0077 6919 Logan Avenue 28-028-24-34-0064 6856 Park Avenue 26-028-24-33-0094 6539 Oliver Avenue 28-028-24-23-0092 • Modification to allow the use of Richfield Rediscovered 1999 TIF District increment for eligible project costs on Richfield Rediscovered 1999 TIF Plan acquisition parcels and new acquisition parcels; • Modification to recognize the possibility of future modifications to the Richfield Rediscovered 1999 TIF Plan and list of acquisition parcels and the need to simultaneously modify the Richfield Rediscovered 1999 TIF Plan to continue to allow the use of Richfield Rediscovered 1999 increment to pay eligible project costs for the Richfield Rediscovered acquisition parcels. Modification to the A-5 Tax Increment Financing Plan: • Modification to remove two parcels from the A-5 TIF District and include them in the Richfield Rediscovered 1999 TIF District Modification to the B-5 Tax Increment Financing Plan: • Modification to remove one parcel from the B-5 TIF District and include it in the Richfield Rediscovered 1999 TIF District III. BASIS OF RECOMMENDATION A. POLICY • It is the City's policy to comply with the State of ,Minnesota's Tax Increment Financing Act and the administrative rules issued from time to time by the Office of the State Auditor. B. CRITICAL ISSUES • The Richfield Rediscovered New Construction Program continues to be a successful program which clears small, substandard houses and provides vacant lots for the construction of larger single family homes in the community. Richfield Rediscovered is a proven redevelopment program yet requires the modification of its plans from time to time in order to provide updated lists of qualifying properties to comply with tax increment budgetary considerations and to maintain funding opportunities. C. FINANCIAL • The HRA's development consultant, Ehlers and Associates, Inc., has prepared the modifications in conjunction with legal counsel's review and found them to be in compliance with existing law. D. LEGAL • The HRA's development consultant, Ehlers and Associates, Inc., has prepared the modifications in conjunction with legal counsel's review and found them to be in compliance with existing law. IV. ALTERNATIVE RECOMMENDATION(S~ • The HRA may choose to delay approval of the modification or not approve them at this time. However, that would provide an interruption to the continuity the Richfield Rediscovered Program, delay the removal of substandard properties, and delay the .construction of new single family homes. V. ATTACHMENTS • Resolution VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Sid Inman of Ehlers and Associates will be in attendance at the meeting to answer any questions. r~ • HRA RESOLUTION NO. RESOLUTION MODIFYING THE RICHFIELD REDEVELOPMENT PROJECT AREA AND ADOPTING THE MODIFICATION TO THE REDEVELOPMENT PLAN RELATING THERETO; MODIFYING THE TAX INCREMENT FINANCING PLAN FOR THE GRAMERCY TAX INCREMENT FINANCING DISTRICT; MODIFYING THE TAX INCREMENT FINANCING PLAN FOR THE URBAN VILLAGE TAX INCREMENT FINANCING DISTRICT; MODIFYING THE TAX INCREMENT FINANCING PLAN FOR THE RICHFIELD REDISCOVERED 1999 TAX INCREMENT FINANCING DISTRICT; MODIFYING THE TAX INCREMENT FINANCING PLAN FOR THE A-5 TAX INCREMENT FINANCING DISTRICT; AND MODIFYING THE TAX INCREMENT FINANCING PLAN FOR THE B-5 TAX INCREMENT FINANCING DISTRICT WHEREAS, it has been proposed that the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") adopt the Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area, Modification. to the Tax Increment Financing Plan for the Gramercy Tax Increment Financing District, Modification to the Tax Increment Financing Plan for the Urban Village Tax Increment Financing District, Modification to the Tax Increment Financing Plan fqr Richfield Rediscovered 1999 District; Modification to the Tax Increment Financing Plan for the A-5 District; and Modification to the Tax Increment Financing Plan for the B-5 District (collectively, the "Modifications"), all pursuant to and in conformity with existing law, including Minnesota Statutes, Sections 469.00.1 through 469.047, and Sections 469.174 to 469.179, inclusive, as amended, all as reflected in the Modifications and presented for the HRA's consideration; and WHEREAS, the HRA has investigated the facts relating to the Modifications and has caused the Modifications to be prepared; and WHEREAS, the proposed developments as described in the Modifications, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future, and therefore the use of tax increment financing is deemed necessary; and WHEREAS, the HRA has performed all actions required by law to be performed prior to the adoption of the Modifications, but not limited to, notification of Hennepin. County and School District No. 280 having taxing jurisdiction over the property to be included in Gramercy, Urban Village, and Richfield Rediscovered 1999, A-5 and B-5 Tax Increment Financing (TIF) Districts, notice of the modifications to the local county commissioner, a request for review of and written comment on the Plans by the City Planning Commission, and a request that the City Council schedule a public hearing on the Plans upon published notice as required by law; and WHEREAS, the HRA is not modifying the boundaries of the Richfield Redevelopment Project Area; and WHEREAS, the HRA is not modifying the boundaries of the Gramercy TIF District, the Urban Village TIF District, the Richfield Rediscovered 1999 TIF District, the A-5 TIF District nor the B-5 TIF District, NOW, THEREFORE, BE IT RESOLVED by the Housing anal Redevelopment Authority in and for the City of Richfield as follows: 1) The HRA hereby approves the modification tQ the Richfield Redevelopment Project Area Plan. 2) The HRA is modifying the list of parcels to be acquired in the Gramercy TIF District, the Urban Village TIF District and the Richfield Rediscovered 1999 TIF District to include 11 additional parcels and state the City's intent to acquire additional parcels when necessary. 3) The HRA is modifying the sources of funds to include an interfund loan to cover project expenses in the Gramercy TIF District and a second loan to purchase certain properties, and to include language stating the City's intention to pay back the interfund loans with tax increment funds. 4) The HRA is modifying the Original Tax Capacity and Tax Rate, the Estimated Captured Net Tax Capacity Value/Increment, and the Estimated Impact on Other Taxing Jurisdictions of the Gramercy TIF District to include current values. 5) The HRA is modifying the Sources of Revenue/Bonded Indebtedness and the Uses of Funds in the Gramercy TIF District to include an increase budget due to the addition and identification of the construction of a mixed-use commercial/housing component referred to as City Bella. 6) The HRA is modifying the sources of funds in the Urban Village TIF District to allow for interfund loans to cover project expenses and to include language stating the City's intention to pay back the interfund loans with tax increment funds. 7) The HRA is modifying the Statement of Goals and Objectives and the Legal Description of Property for the A-5 TIF District and the B-5 TIF District to remove parcels from the Districts and identifying them as parcels to be acquired using tax increment from the Richfield Rediscovered 1999 TIF District. 8) The HRA hereby approves the modifications to the Tax Increment Financing Plans for the Gramercy TIF District, Urban Village TIF District, Richfield Rediscovered TIF District, the A-5 TIF District, and B-5 TIF District., 9) Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Modifications, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the Community Development Department at the City of Richfield. 10) City staff, the HRA's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications upon approval of the Modifications by the City Council and for this purpose to negotiate, draft, prepare and present to the HRA for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not constitute approval of any project or any Development Agreement with any developer. 11) Upon approval of the Plans by the City Council, the Executive Director is authorized to forward a copy of the Plans to the Hennepin County Auditor and the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, subdivision 2. Approved by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. Thomas E. Harms, Chair ATTEST: Michael Sandahl, Secretary • AGENDA SECTION:.. public Hearing AGENDA ITEM # 5 REPORT # ( 4 • STAFF REPORT HRA MEETING DATE: OCTOBER 16, 2000. REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: LYNNETTE CHAMBERS, LEASED HOUSING SPECIALIST NAME, TITLE BRUCE NORDQUIST, ca' ITEM FOR HRA CONSIDERATION: Conduct a public hearing and approval of the Richfield-Housing and Redevelopment Authority's annual Public Housing Authority Plan. ~~ I. RECOMMENDED ACTION: ~~ Conduct and close the public hearing and by motion: Approve the .Housing and Redevelopment Authority's annual Public Housing Authority Plan for the Richfield's Section 8 Housing Assistance Program and authorize the Chair anal Executive Director to execute ram documents. • II. BACKGROUND The Quality Housing and Work Responsibility Act of 1998 (QHWRA) created by Congress the requirement to provide a Public Housing Agency (PHA) Plan on an annual basis. The annual plan provides details about the Agency's immediate operations, program participants, and programs and services, and the Agency's strategy for addressing the needs of the community in the upcoming fiscal year. Staff has developed a plan in proper form and content. In addition, QHWRA requires the Richfield HRA to create a "Resident Advisory Board" to make comments on the Plan. Every Section 8 household in Richfield (there are 350) was invited to 1016phahra HOUSING & REDEVELOPMENT MANAGER NAME, TITLE join the Advisory Board. Two volunteered to participate. The Advisory Board then met after each member had an opportunity to review the Plan. The Resident Advisory Board made no additional comments to the plan other than to ask for points of clarification. III. BASIS OF RECOMMENDATION A. POLICY • The Housing and Redevelopment Authority's (HRA) Board of Commissioners must formally adopt the PHA Plan following a public hearing. The Department of Housing and Urban Development (HUD) requires the HRA Chair and Executive Director to execute documents. B. CRITICAL ISSUES • Failure to approve the PHA Plan will result in receiving anon-compliance status with HUD. "Non-compliance" violates the contracts the HRA has with HUD and results in a loss of administrative and assistance funds. C. FINANCIAL • .Richfield HRA has four contracts for administrative and rent assistance funds with HUD. Annually, the Richfield HRA receives $1,124,436.00 for rental assistance payments and $160,664.00 for administrative payments. A current PHA Plan is a requirement of these contracts. D. LEGAL • The Housing Assistance Program (HAP) contracts that the HRA has-with HUD have been previously reviewed and approved by legal counsel. Proper notice was published on August 23, 2000 in the Sun Current of the availability to review the Plan and of the public hearing to be held concerning plan approval. The publication schedule is in compliance with HUD regulations. IV. ALTERNATIVE RECOMMENDATION~S~ • Do not approve the PHA Plan at this time (the Richfield HRA would not be in compliance with HUD). V. ATTACHMENTS • Proposed policy changes (Attachment A) VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A C~ Attachment A S Summa ry Richfield HRA Annual Plan, Year 2001 October 16, 2000 The annual PHA plan is a 47-page document. Known as HUD Form #50075, this plan provides astandard way for all Public Housing Authorities (PHA) and the Richfield .Housing and Redevelopment Authority (HRA) to report in checklist form that the PHA complies with all federal regulations. To summarize: ^ The mission of the Richfield HRA is the same as HUD's: to promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. ^ The Richfield HRA goals are to: - Secure more rental vouchers when available (In July 2000, Richfield applied for funding for 20 additional vouchers, the HRA is currently awaiting the results of this application.) - Acquire and/or build affordable housing - Improve program administration (Richfield is already a high performer.) - .Increase program participation by landlords. - Promote client self sufficiency - Ensure equal opportunity and fair housing standards are achieved. The plan document then provides a checklist that over several pages, reports to"HUD Richfield's: - Housing needs; - Financial resources; Policies on program eligibility, selection, and admission; - Rent determination policies; - Operation and management policies; - Grievance procedures; and any other topics that have relevance to the administration of a Section 8 voucher program only. (PHA's that own and manage public housing have additional parts of the checklist to complete.) The plan document ends with drug-free certification form and a three page certification form that the Richfield HRA does and will comply with all applicable federal regulations as listed on the certification and signed by the HRA Chair. The annual plan in its entirety is always available to the HRA Board and the public, and the plan is available in the Community Development Department. • AGENDA SECTION: Admin.- Reports AGENDA ITEM # 4 REPORT # 63 STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 16, 2000 BRUCE NORDQUIST, REPORT PREPARED BY: HOUSING & REDEVELOPMENT MANAGER Nav~c, Ti~~r,r• BRUCE NORDQUIST, REPORT PRESENTER: HOUSING & REDEVELOPMENT MANAGER Nanac, Tizce DEPARTMENT DIRECTOR REVIEW: ~/~/i' /,. , _ REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Update on City Bella. I. RECOMMENDED ACTION: By Motion: None, discussion purposes only. TI. BACKGROUND During the week of October 9 to 13, Gramercy Corporation is finalizing the revised concept plans for City Bella, the redevelopment of the southwest quadrant of 66th Street. The concept was originally introduced in January 2000 and the Housing and Redevelopment Authority (HRA) authorized a development agreement in July 2000. Feedback from staff and residents has lead to significant plan changes during this period while also retaining the essential mixed-use housing, office, service retail, public plaza, underground parking, and pedestrian connections. At the October 16 HRA meeting, staff and the HRA will be receiving the most complete updated site .plan and elevations for the first time. The plans presented to the HRA will be the basis for all subsequent city meetings, which are scheduled between now and the end of the year. The complete schedule is provided as an attachment. III. BASIS OF RECOMMENDATION Although the plans could not be ready in advance of the HRA meeting to include with the staff report, the developer wanted the HRA to receive them first before further public review. A. .POLICY • The HRA will consider the preconditions to development and the financial aspects of the project at their November meeting. • The Planning Commission (October) and City Council (November and December) meetings provide for project review and consideration. B. CRITICAL ISSUES • The Environmental Assessment Worksheet (EAW) has been prepared for release on October 13. Comments and questions are anticipated. • To ensure broad participation in the review of the plans, a public open .house is scheduled for October 18 at Wood Lake Nature Center. Again comments and questions are anticipated. • Gramercy met with Lake Shore Drive Condominium owners about the landscaping priorities along the proposed joint property line. A letter from Gramercy is attached to summarize that contact. C. FINANCIAL • The analysis of the request for tax increment (TIF) assistance will be reported to the HRA in November. The present Gramercy TIF District plan will also have to be amended to accommodate the proposed development. D. LEGAL • Legal counsel is reviewing Gramercy's responses to preconditions as they are received by staff. IV. ALTERNATIVE RECOMMENDATION(S~ • The HRA can choose to delay the status report. However, the information is most timely now. V. ATTACI-IMENTS • City Bella schedule (Attachment A) • Letter from Gramercy Corporation reporting status on landscaping collaboration with Lake Shore Drive Condominium (Attachment B) • Gramercy Corporation will provide copies of the plans on Monday, October 16 for the HRA VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Mike Conlan and Lou Stucco of Gramercy Corporation • • ATTACHMENT :A ,;,; Anticipated Schedule For City Bella Project (as of October 9, 2000) Date Item October 16, 2000 7:00 p.m., City Hall • Project status report to HRA, no actions being requested HRA meeting HRA considers modifications to Gramercy Tax Increment Financing Plan. to accommodate City Bella October 18, 2000 6:30 to 8:00 p.m. Woodlake Nature Center • Open house for City Bella at Woodlake Nature Center. Concept drawings, developer representatives, environmental .assessment study are available for comments and questions October 24, 2000 7:00 p.m., City Hall Planning Commission meeting to review project plans and consider zoning and Planning Commission meeting use changes. Modifications to Gramercy Tax Increment Financing Plan also considered. November 13, 20000 7:00 p.m., City .Hall • City Council considers zoning changes; first reading of rezoning City Council meeting City Council considers modifications to Gramercy Tax Increment Financing Plan to accommodate City Bella November 20, 2000 7:00 p:m., City Hall • HRA considers all project elements including financial assistance (TIF) HRA meeting • Public hearing on Business Subsidy Agreement December 11, 2000 7:00 p.m., City Hall • City Council considers if Environmental Assessment Worksheet is adequate, City Council meeting considers final development plan, and plat, conditional use permit, rezoning - second reading, right-of-way vacation, and Business Subsidy Agreement December 18, 2000 7:00 p.m., City Hall • Project status report to HRA HRA Meeting " ~ -; .. • •. - , .. euutiz~ .coo~~~E~~E ~om~~~~E i.~o~ dEr;~oZ~. ` : ~ - , " ~ October 1~ 1;; 2000• ~ ~ • .. . , ; Mr, Bruce Nordq~~ist'.. , •. ~ CityoflZichfield -, ~ - ~ - : .. 6700. Portland f~~~e1 . ~ - Richfield, M1V.SK423 ~. .. ~ ~~ ; • ,. R~ Cite J~felki • . :., ,. . ' .: ~"' :. ~ . • , " .Dear Bruce,. ' . , , ~ ' . " ~ .lv~onday, ~~ctober 9th. we met at. Lake Shore Drive Condominiums wi th fhe LSD Corrunittee' and interested members ofthe I:SD Association. . , . :.. ~ " (hir architects made`a~ full proposal-tin t~he,pioposeid•Pla?a and sharei(tlieu ideas;, . ~ • . and contleptual d~~awings for the area:.Qne afther•ideas; namely, creating a, i ree"canopy , adjoining the Pla;~:~hich=would be~locat,~`on.land ownedby I;SA; was• dis~;ussed at. . • ". " length. ~JVe,also discussed fencing along the entiie LSD/City .Bella 6oundarv • "~ ~ . " • •. "Che LSD rteexpressed their.appreciation:far. ffie'opportunity, .o be part of- •. .. •. ., the conce ua~' de'-i ocess and . • ' ; , , ln'. , gn pr again: stated;their z~iterest in haviYig:a " ate gate. ... " •.' ~ anto.the Plaza froia tbefr giouuds. They~did have'an~intiaiconcern about`gi~ o~~lic . access to the cane+py area that: would •be"in theii.property,~even with a fe~ace t~ zhind..it • • ' " They felt they woullil pre#irfio keep this area as it,is.evenifGramercywere i~'illing•to pay focat~-o>Pthe landi:;ncements... ; ~ ~ . ~ ~ - .: tNe, also discussed:~our intention to eliminate' ericmachment;on all ear :ment lines whenevE:r possiblr~:_ V~e-reiterated our inteirtioit to.ieviise.the' elevation":ofthe .mall ." • " - . . " . cooperative' building and lower'the ~rciofline_ • We aro still working on the issu~: s but the ~ ~ . ' • ~ architec.~s expect ~ko-rESOXve, what.ihey.can by Friday., . ` . ~1Ne felt,thret the rneetintg was very positive; our design team gently Er }oyed ~ ' , ~ - ' ~ interacting with'tlue LSi7 residents:- We expect our ongoing.'dialogue~to contu .ue in•.this ,. = . • ' .. . ., spir~t•of cooperati~>i~. ,._ ~Ve have,attached •'foii your:reference; two. sketches ~of the design for tI~ e:area along ~ ~" . . • the; propt.rty line_ .. .. ~ ... • , .. . •" .. .. -heel W.' Con1 tn, . " • . •. - .... - President. .. . N _ ` .l~evc~i1 mint°~ au~~Ei :..- ' ational ,~. ~ n ~arrcz itnsrtE Awociationof ,' ~ •.. ,: 9 ••. ~ , . • : ~ ,. c~MUirrr. • . . .: aYiOGwt~onn . Hous~ny 79'~p 1oi~rriatiortil Dr;vr_, cfiuil,~ t035 ~ Bloo,ni tcirt,,14(d 55427 ~ 300-85Z•OC19,`3.61Z~t354=0467 •~ ~"°~""'° .. 000poretivr~,' R5:., PMi '6T,Z,576-415 -auNrxeorn. ' CFW%Tri i ~: ~•. 1 '•~ ~. ~•,.~.i R~~ ~./ 7 w ~+- • ~~ ~~ »r ti .` i ` i. 1- 'Y i ~i ~ }; 4 2! ~u _ _ .% ,/ ~~~. ~~ ~ ~ E' .' ~ .~ .~ 7f ....a~ ass.~.xv wde~svae'i asr~t~ 1tOt ZZZ T9A Yy3 ZO-At 3t1L 600 f,~ 'I~,L,LIAISU82I,L %V3 88T6 9L8 ZS6 Xd3 ZT ~ 9T Q3M _~ 00lOT/OT 00lTTlOT ~<;; .. f I .. j :: ~l :; I ~ _ 1 -_ ,. ~- i ~ _ ~ ' ~ __ --r .. ~_; C/~ -~ ~~ _ f ~~ `~ 0 .Y V r "J 1 ~ ~~ ~ ~~ ~ ~ .~ ~ =:~ ~ ~~~ ~ ~. ~~~ ~a . _ - .; ., COOS + a~11.;CJ.(~ Ad8~5nT[B'7 a4t1T~ ltnr x7.7 Tr+a Ova ~n nT znT nn.~T.nr S00~ 'td,L,LIAtSIQd2I,L Xd,~ 88T6 9L9 ZS$ 7id3 CT~9T Q3M 00/TT/OT • AGENDA SECTION: CONSENT AGENDA ITEM # 3B REPORT # ( 2 STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 16, 2000 JOHN STARK, REPORT PREPARED BY: COMMUNITY DEVELOPMENT MANAGER NAME; TLTLE BRUCE PALMBORG, REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: ~/~~~ REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a resolution consenting to a time extension to request eminent domain proceedings within the Interchange West area. I. RECOMMENDED ACTION: By Motion: Adopt a ,resolution consenting to a time extension to request eminent domain proceedings within the Interchange West area. II. BACKGROUND On March 20, 2000, the Richfield Housing and Redevelopment Authority (HRA) adopted, and entered into, a Contract for Private Development (Contract) with Best Buy for the redevelopment of the Interchange West area. The Contract contemplates the private acquisition of properties by Best Buy wherever possible. Section 3.2 of the Contract, however, allows Best Buy to request that properties be acquired through condemnation. The Contract specified that this request would come within 120 days of execution of the Contract (by July 18, 2000). On July 17, 2000 the HRA approved a resolution granting a 120 day time extension for Best 1016exten Buy's request for condemnation; this extension is set to expire on November 15, 2000. r Best Buy has now either entered into a negotiated purchase agreement or requested condemnation on all known properties in the Interchange West area (the last request is found in another agenda item for the October 16, 2000 HRA meeting). Best Buy is, however, requesting an additional extension until January 31, 2001 to request condemnation in the area. The purpose of this request would be to request condemnation on "sliver" or remnant lots which-may exist in the area but have not yet been identified and on leasehold interests and to clear up potential title issues. III. BASIS OF RECOMMENDATION A. POLICY • The Contract for Private. Development stipulates, in subdivision 1 of section 3.2, that the developer's request for condemnation must be made within 120 days of the execution of the agreement. • .That 120-day period was extended by an additional 120 days by the HRA through the approval of a resolution on July 17, 2000. • Best Buy has reached private purchase agreements or has requested condemnation proceedings for all known properties in the area. B. CRITICAL ISSUES • Unidentified remnant parcels, leasehold interests and title issues may exist which may require condemnation proceedings as a resolution: • This extension,. if approved, is not expected to negatively impact the overall acquisition and development schedule. C. FINANCIAL • There are no significant financial impacts of this action. D. LEGAL • Legal counsel has reviewed this request and found it to be an acceptable request under the terms of the Contract. IV. ALTERNATIVE RECOMMENDATION(S) • Do not adopt the attached resolution consenting to a time extension to request eminent domain proceedings. • Modify the resolution to consent to a time extension of a lesser or greater period than is being requested by Best Buy. ~ V . ATTACFIMENTS ~ • Resolution PRINCIPAL PARTIES r;XPECTED AT MEETING ~ • A representative of Best Buy, or their developer Opus • HRA legal counsel Corrine Thomson • RESOLUTION NO. RESOLUTION CONSENTING TO TIME EXTENSION TO REQUEST .EMINENT DOMAIN PROCEEDINGS WHEREAS, the Housing and .Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") and Best Buy Co., Inc., ("Developer") did on or about March 20, 2000 enter into an agreement entitled Contract for Private Development ("Contract")providing for the development of land within the City of Richfield subject to all the terms and conditions contained in the Contract; and WHEREAS, the Contract provides for the exercise by the HRA of its power of eminent domain upon a qualifying request by the Developer; and WHEREAS, Section 3.2. Subd. 1 of the Contract provides that such request is to be made not later that 120 days following the execution of the Contract unless extended by the parties; and WHEREAS, on July 17, 2000, the HRA approved a resolution extending the date to request eminent domain to November 1"5,-2000; and WHEREAS, the Developer either has entered into purchase agreements with property owners or has requested the HRA to commence eminent domain proceedings for all of the properties included in the project; and WHEREAS, as the project proceeds, it is possible that the Developer may become aware of other interests (such as leaseholds or interests that cloud title) that. can only be eliminated by eminent domain; and WHEREAS, the Developer desires to have additional opportunity to investigate the status of title to the property, to obtain and examine leases for properties under purchase agreement, to identify and negotiate with persons who may have property interests in the properties under purchase agreement; and WHEREAS, the HRA has received a request from the Developer to further extend the date to request eminent domain until January 31, 2001; and .WHEREAS, the HRA has considered the request and the recommendation of its staff. NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and-for the City of Richfield, Minnesota that the time period for requesting eminent domain is extended to January 31, 2001. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. Thomas E. Harms, Chairperson ATTEST: Mike Sandahl, Secretary AGENDA SECTION: CONSENT AGENDA ITEM # 3A REPORT # 61 STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 16, 2000 PAM BOOKHOUT REPORT PREPARED BY: REHABILITATION SPECIALIST NAME, TITLE BRUCE PALMBORG REPORT PRESENTER: COMMUNITY DEVELOPMENT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: SIGNATURE REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of resolution regarding authorization to issue a Certificate of Completion to Asche and Associates for 6915 13th Avenue, under the Richfield Rediscovered Program. I. RECOMMENDED ACTION: By Motion: Authorize the Chair and Executive Director to execute the Certificate of Completion in accordance with the attached resolution. II. BACKGROUND The HRA authorized development of the above referenced property in November 1999 under the Richfield Rediscovered Program. Sale and construction commenced in 2000. The development agreement provides for the issuance of a Certificate of Completion when construction is completed. (A sample certificate is attached.) The home has been completed and a temporary Certificate of Occupancy has been issued by the Inspections Division. Therefore authorization for a Certificate of Completion is requested at this time in anticipation of the builder's request. An escrow has been withheld to cover completion of landscaping. III. BASIS OF RECOMMENDATION 1016ComplCert 6915 13th A. POLICY • The HRA must authorize the issuance of Certificates of Completion. B. CRITICAL ISSUES • Construction has been completed and the Inspections Division has issued a temporary Certificate of Occupancy. • The issuance of a Certificate of Completion is required to properly close the sale of the home. C. FINANCIAL • N/A D. LEGAL • N/A IV. ALTERNATIVE RECOMMENDATION(S~ • Do not issue a Certificate of Completion at this time. V. ATTACHMENTS • HRA Resolution • Sample Certificate of Completion VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A HRA RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A CERTIFICATE OF C OMPLETION FOR THE NEWLY CONSTRUCTED RESIDENTIAL PROPERTY AT 6915 13TH AVENUE UNDER THE RICHFIELD REDISCOVERED PROGRAM WHEREAS, the Richfield Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) entered into contract with Clinton Asche and Associates; and WHEREAS, the new home located at 6915 13th Avenue is completed. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, the Certificate of Completion for 6915 13th Avenue can be issued. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of October, 2000. Thomas E. Harms, Chair ATTEST: Michael Sandahl, Secretary CERTIFICATE OF COMPLETION The undersigned hereby certifies that has fully and completely complied with its obligations under Article IV of that document entitled "Contract for Private Development", between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and dated , filed as Document No. with respect to the construction of the approved construction plans at legally described as and is released and forever discharged from its obligations to construct under such above- referenced Article. DATED: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY RICHFIELD, MN By Its Chairperson. By Its Executive Director STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2000, by Thomas E. Harms and Samantha Orduno the Chairperson and Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota on behalf of the public body corporate and politic. Notary Public This instrument was drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, MN 55423 612-861-9760