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07-16-90 agendas HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 17 Agenda July 16, 1990 Issue Statement: Adoption of resolution approving the issuance of a Certificate of Completion, professional office building, Dr. Donald A. Johnson, 6945 Penn Avenue South (Seventieth Street-and Penn Redevelopment Project). Background: A Contract For Private Development provided for the construction of a professional office building to be used primarily as a dental facility at 70th Street and Penn Avenue South. The contract is dated September 6, 1988. Article IV, Section 4.4 provides for the issuance by the HRA of a Certificate of Completion. The appropriate City personnel have determined that the project has been completed according to approved plans. Recommended Motion: Adopt the attached resolution approving the issuance of a Certificate of Completion. Basis of Recommendation: 1. The redevelopment is complete according to approved plans. 2. 'The developer, in accordance with the Contract, has requested the issuance of the certificate. 3. The Contract calls for the HRA to not unreasonably withhold approval of the certificate. Alternative Recommendation: Do not adopt the resolution. Discussion/Decision Mode: The developer requested the 18. The Contract provides SLD:ds issuance of the certificate on June the HRA 45 days to respond. Re c fully submi ed, -' teven L. ev c Acting Executive Director RESOLUTION NO. THE .HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA AUTHORIZING EXECUTION OF A CERTIFICATE OF COMPLETION FOR 6945 PENN AVENUE SOUTH WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) entered into an agreement with Donald A. Johnson (Developer), dated September 6, 1988 (.Agreement), pursuant to and in furtherance of the Seventieth Street and Penn Avenue Redevelopment Project (Project) heretofore adopted by the City and the HRA; and WHEREAS, the. Agreement .obligated the Developer to construct certain improvements to property identified in that Agreement; WHEREAS, Article IV, Section 4.4 of the Agreement required the HRA to inspect the project and furnish the Developer with a Certificate of Completion upon completion of the construction; and WHEREAS, the Agreement establishes the form for the Certificate of Completion in Exhibit E; and WHEREAS, City personnel have inspected the improvements and found them to be in accordance with the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, That the.Chairman and Executive Director are directed to execute the Certificate of Completion and deliver the same to the Developer. Passed by the Housing and Redevelopment Authority of Richfield, this 16th day of July, 1990. Thomas E. Harms, Chairperson ATTEST: Joan Helmberger, Secretary CERTIFICATE OF COMPLETION EXHIBIT E The undersigned hereby .certifies that Donald A. Johnson, an individual, residing in Hennepin County, has fully and completely complied with the obligations under Article IV of that document entitled "Contract for Private Redevelopment", dated .September 6, 1988, between the Housing and Redevelopment Authority in and for the City of Richfield (HRA), the City of Richfield, (City) and Donald A. Johnson (.Developer), with respect to construction of the Improvements located on property described in the attached Exhibit A in accordance with the approved Project Plans and is released and forever discharged #rom his obligations to construct the Improvements under such above-referenced Article. DATED: 1990 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA • By: Its: Commission Chairperson By: Its: Executive Director EXHIBIT A PROPERTY DESCRIPTION Lot 13, Block 10, Tingdale Brothers Lincoln Hills Second Addition, Hennepin County, according to the recorded plat thereof and Lot 10, Hlock 10, Woodlake Highlands Addition, Hennepin County, according to the recorded plat thereof. ~7 • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 18 Agenda July 16, 1990 Issue Statement• Adoption of a resolution authorizing submission of an application to HUD which requests an allocation of Section 8 housing payment assistance. Background• HUD has recently announced the availability of a limited number of Section 8 Rent Assistance Vouchers on a competitive basis. The application is due July 26, 1990. Since late 1988 at the direction of the HRA, staff has worked in cooperation with the Area HUD Office and the Metropolitan Council HRA (Metro) to complete the transfer of the Section 8 program to Richfield. This latest offering of units by HUD provides an opportunity for this process to continue. To date, Richfield has secured 208 vouchers and continues to administer a Metro HRA certificate program with 77 clients. To fulfill the objective of complete program independence from Metro, it would be appropriate to finalize the program transfer .and request 77 vouchers. (Determinations made by HUD during the competitive process may modify the number of units provided, however.) Recommended Motion: Adopt the attached resolution authorizing an application and other documentation to be submitted to HUD to secure additional Section 8 housing assistance. Basis for Recommendation: 1. The HRA and City Council have previously directed staff to proceed with the establishment of an independent program. 2. Section 8 housing assistance cannot be secured from HUD without submitting the application. 3. Officials representing HUD and Metro HRA are cooperating in the application for and exchange of benefits to Richfield households and it is anticipated this will continue to occur. 4. Staff has completed a review of financial data from 1989 the first fiscal year of the independent program. It is estimated that an additional 50 to 75 units would provide a break even budget. 5. An additional 77 units would complete the transfer of existing Metro HRA clients to the Richfield Program. Alternative Recommendation: Direct staff to not submit the application. However, this will prolong the time it takes to become totally independent. Discussion/Decision Mode: An application would be prepared and submitted by July 26, 1990, the due date. The HRA would consider contracts-for specific dollar and unit amounts following notification of an allocation from HUD. Res ~ ful su fitted, R~ Ste De c Acting Execut ve Director SLD:ds • • HRA RESOLUTION N0. RESOLUTION RELATING TO AUTHORIZING HOUSING PAYMENT ASSISTANCE APPLICATION WHEREAS, the Housing and Redevelopment Authority, in and for the City of Richfield (Richfield HRA) has the desire and capability to contract directly with the United States Department of Housing and Urban Development (HUD) to provide housing assistance in the City of Richfield; and WHEREAS, HUD, on August 2, 1988, has determined that the Richfield HRA is legally organized under Minnesota State Law; and WHEREAS, HUD and the Metropolitan Council HRA are cooperating in ensuring a successful transition to an independent program for Richfield; and WHEREAS, an allocation can be processed by HUD provided the Richfield HRA authorizes preparation of an application and supporting financial and administrative documents; and WHEREAS, an application to provide housing assistance to approximately 77 households will be prepared by housing staff and submitted for consideration. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, that the Executive Director is authorized to submit to the United States Department of Housing and Urban Development an application and other documentation in continuing support of a request for housing assistance payments to serve Richfield residents. Passed by the Housing and Redevelopment Authority of Richfield this 16th day of July, 1990. Thomas E. Harms, Chairperson ATTEST: Joan Helmberger, Secretary • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 19 Agenda July 16, 1990 Issue Statement: Approval of the Expanded New Home Program and request of the City Council to approve and provide financing. Background• On June 18, 1990, the HRA reviewed and discussed a proposal for expanding the New Home Program. Following discussion,- a motion was adopted requesting the Planning Commission to review the .redevelopment and TIF Plans. They were also requested to review the proposed acquisition and disposition of property to implement the Plans. On June 26, 1990, the Planning Commission adopted resolutions number 74 and 75. The resolutions found the Plans and proposed acquisition and disposition of property by the HRA to be in conformance with the Comprehensive Plan. It is now appropriate for the HRA to consider approving the establishment of the program. This letter and attachments provide a description of the program. The attachments include: HRA Resolution; Time and Activity Schedule; Summary of Housing Conditions; and Summaries of the following: Procedural Guidelines Redevelopment and Tax Increment Plans The complete documents follow the summaries. *Objectives: The two basic objectives of the Expanded New Home Program are to: 1) create_a voluntary market for substandard poor quality housing; and 2) provide sites for new homes with features popular in today's housing market. *FinancinQ• Financing of program activities would be provided by three sources; 1) City funds, 2) proceeds of sale from developers, and 3) tax increment. The HRA would utilize City funds to purchase a property. Shortly after completing the purchase, the property would be sold to a developer. The difference between the purchase price paid by the HRA and sale price paid by the developer would be returned to the City by the HRA through the tax increment (TIF) over a period of up to 25 years. Since the June HRA meeting, staff has continued to evaluate the properties to be purchased and the value of new homes. The evaluation has resulted in an adjustment of the anticipated TIF. The other anticipated revenues and expenses have not changed. Further, the historical valuation data from Hennepin County has not changed and continues to indicate that appreciation during the coming 25 years should continue to be sufficient to at least break even. -.Estimated start up funding from City to purchase up to 27 properties 51,.620,950 - Estimated proceeds of sale from developers S 797,500 - Estimated net amount to be repaid by TIF $ 823,450 The TIF of 5823, 450 would be paid over a period of 23 years with an average annual increase of 2$ in market value of the homes constructed. At the 15th year, the outstanding balance would be 5343,011; in the 20th year the balance would be 5115,532; and in the 23rd year the balance would be $0. If the market value remained unchanged over 25 years, the TIF would fall short by 5117,713. Note however, that a Hennepin County analysis indicates that over the last five years, single family home values in Richfield have cumulatively increased approximately 10$ (average of 2$ per year), and over the last ten years, values cumulatively increased 47$ (average of 4.7$ per year). If property appreciation is greater than that required for repayment of funds borrowed, interest would be paid. An additional comment related to financing. The 1990 legislative session has tied Local Government Aid (LGA) to the amount of tax increment generated by a newly established redevelopment tax increment district. Beginning in the sixth year and continuing through the 25th year of the TIF district, LGA is reduced in an increasing amount. An analysis of this impact indicates that in 1996 the LGA reduction would approximate $600. It would peak in 2001 and continue at approximately $8,000 annually through the 25th year of the district. The total cumulative dollar reduction is estimated at $109,000. The present value of the 5109,000 would approximate 519,000. *Acquisition: All property purchased by the HRA would be required to meet the following criteria: - Voluntarily offered for sale; - Owner-occupied or vacant so as to avoid relocation payment; - Substandard as to condition and/or obsolete as to design; - A developer has agreed to purchase from the HRA; - Value determined by appraisal report, offer to owner based on the appraised value, and authorization by HRA to purchase. At the June 18 HRA meeting, staff was authorized to initiate appraisal and title work on seven properties in an amount not to exceed $7,000. This work has been initiated. *Redevelopment• Only competent experienced developers would be selected. It is likely that approximately five or six developers would be selected to construct up to 29 .houses; each being responsible for approximately five homes. A developer's agreement would establish the construction schedule, minimum value of property after construction ($110,000 to $140,000), developer's willingness to sign an Assessment Agreement and provide the HRA access to the property to demolish the substandard and/or obsolete. house. (A separate .related agenda item requests the HRA to authorize staff to solicit demolition bids for the properties to be purchased.) *MarketinQ• Developers•would be responsible for marketing the new homes. At this time, staff has already collected a listing of 11 households which have expressed an interest in purchasing a new home. Further, families with children enrolled in Richfield Schools may offer a significant market. (The houses they would vacate may be suitable for new families moving into the community). To that end, on March 5, 1990, the Richfield Board of Education adopted a motion in support of the proposed program and the use of TIF. Recommended Motion: Adopt the attached resolution which: 1. Approves the Redevelopment and TIF Plans A and B, and, A-1 and 8-1 respectively; and the Procedural Guidelines; 2. Requests the City Council to: i) hold a public hearing on July 23, 1990 at which the redevelopment and TIF Plans would be considered; ii) approve the plans, and iii) provide interim financing. Basis of Recommendation: 1. The proposal is consistent with the concept presented in January, 1990. 2. The Planning Commission found the Plans and proposed acquisition and relocation to be in conformance with the Comprehensive Plan on June 26, 1990. 3. There is a market of voluntary willing owners who wish to sell their substandard and/or obsolete homes. 4. There is evidence of a market for new larger contemporary housing. 5. Conversations with Mr. Merlin Grant, President of Marvin H. Anderson Construction Company and board member of the MN Builders Association, indicate the program should be marketable to developers. 6. Many of the program elements have been used previously in both redevelopment and housing programs. 7. City monies to fund the program will be identified by staff .and a proposal for their use in this program will be presented to the Council for their consideration. 8. Existing staff resources are available to administer the program and can be funded from the current HRA New Home Program. 9. Legal counsel has reviewed the program and related documents and found them to be in compliance with existing law. 10. On March 5, 1990, the Richfield School Board adopted a resolution in support of this program concept. Alternative Recommendation: 1. Modify the proposed program. _ 2. Delay action until a future time. 3. Terminate any additional activit on the ro osal. Y P P Discussion/Decision Mode: An objective of this program is to make it possible for developers to initiate construction in late 1990. To do so, it is necessary to adopt the proposed resolution on July 16, 1990. (See attached schedule.) Resp ct ully su mitt d, ~v} Steve ev Actin Executive Director SLD:ds [NHP-HRAResol] HRA RESOLUTION N0. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION APPROVING THE REDEVELOPMENT PLAN$ AND TAX INCREMENT FINANCING PLANS FOR THE EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM; REQUESTING THE RICHFIELD CITY COUNCIL TO CONDUCT PUBLIC HEARINGS THEREON; RECOMMENDING APPROVAL OF THE PLANS BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota as follows: Section 1. Recitals. 1.01 The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) has identified areas within the city as being in need of development, redevelopment, ar~d construction of new single family homes in order to provide families and individuals living in a substandard, poor quality environment an opportunity to move to standard housing by establishing a cash market for their existing housing and to provide an opportunity for Richfield to accommodate families currently residing in Richfield or elsewhere who are seeking larger housing • units with features popular in today's market. 1.02 The HRA has conducted a study of physical conditions within Redevelopment Project Area "A" and Redevelopment Project Area "B" (Project Areas) and has considered the need for public assistance in order to encourage development, redevelopment, and new construction of single family homes. 1.03 The HRA has caused to be prepared a Redevelopment Plan for Project Area "A", Redevelopment Plan for Project Area "B", Tax Increment Financing Plan for Tax Increment District "A-1" and Tax Increment Financing Plan for Tax Increment District "B-1", dated July 16, 1990, all relating to the Expanded New Home - Scattered Site Housing Program (collectively, Plans), and on file with the HRA. 1.04 The executive director of the HRA on June 19, 1990 transmitted copies of the Plans to the school boards of Independent School District No. 280, Intermediate School District No. 287, .and the board of commissioners of Hennepin County for review and comment and notified said public bodies of the public hearings to be held on the Plans by the City. 1.05 The Richfield Planning Commission has reviewed the Plans and on the 26th day of June, 1990, concluded that the Plans are consistent with the plans for development of the City as a whole. Section 2. HRA Approval. 2.01 The HRA finds that the objective of encouraging development, redevelopment, and new construction within the Project Areas will be advanced by adoption of the Plans. 2.02 The Plans are hereby approved and adopted by the HRA. 2.03 Staff is directed to formulate procedures which will result in implementation of this program. Section 3. Further Proceeding. 3.01 The HRA requests the City to hold the public hearings on the Plans required by Minn. Stat. Section 469.028 and Minn. Stat. Section 469.175, subd. 3 at the City Council meeting of July 23, 1990, and recommends that the Plans be approved by the City. Section 4. Financing. 4.01 The HRA intends to request that the City assist from time to time in financing the public redevelopment costs identified in the TIF Plans by a loan payable from capital proceeds from land sale and tax increment from the TIF Districts, and other revenues. 4.02 The HRA intends to pay interest on the borrowed funds if the cash flow from the TIF Districts is sufficient after the payment of principal. 4.03 The HRA also intends to request that the City from time to time consider various other actions necessary to the implementation of the Plans and pledges its cooperation with the City in achieving the objectives of the Plans. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 16th day of July, 1990. Thomas E. Harms, Chairperson ATTEST: 3oan Helmberger, Secretary Expanded New Home Program Activity Time Frame HRA Meeting June 18, 1990 Review Procedural Manual Redevelopment Plan Tax Increment Finance Plan (TIF) Developer's Agreement Request of Planning Commission Find Redevelopment and TIF Plans in Conformance with Comprehensive Plan including acquisition and disposition of real estate Planning Commission Meeting June 26, 1990 Findings regarding Plan Conformance (See above) HRA Meeting July 16, 1990 • Proposal to approve Redevelopment and TIF Plans, funding request and Procedural Manual and request City Council to hold public hearing and approve Plans. Public Bidding for Demo Notice of Public Hearing published July 11, 1990 City Council public hearing on July 23, 1990 Redevelopment and TIF Plans and consideration of proposal to approve the Plans and funding arrangement. Order Appraisals Begin July 24, 1990 Select Developers Aug. - Sept., 1990 HRA Authorization Sept. - Dec., 1990 Purchase Property Sell Property Developer Agreement Special HRA Meeting Sept. 10 Construction Start Last quarter of (120 day construction period 1990 continuing per house). into 1991 Expanded New Home Program Summary of Housing Conditions During a recent eight day period, staff has had an opportunity to inspect and evaluate properties offered to the HRA. Over half of the homes inspected are located on the back of the lot or have other insufficient setbacks. The average size of the homes inspected. was 690 square feet. This is significantly smaller than the average Richfield home at 930 square feet. Property conditions vary widely. Some houses are vacant and not habitable. Other homes are in substandard condition and/or obsolete in design and use. Below are examples of specific conditions noted: Uninhabitable Structures - Collapsed roof causing extensive water damage, animal and insect infestation, mold and fungus growing on carpet and walls. - Essential structural support members rotted causing threat of collapse in portion of house. • - No subfloor under kitchen sink area, only dirt. This is unsanitary and neither weather or rodent proof. - A bathroom area created in a back hallway. The shower area consists of plastic sheeting fastened to the wall with duct tape. An uncleanable plywood sub floor is also not moisture resistant and there is no bathroom sink. Substandard Structures - Space heaters as the only source of heat causing insufficient heat distribution. Properties with space heaters are not eligible for FHA, VA or conventional mortgage financing. - Siding, trim and soffit areas with extensive deterioration and rot. A significant amount of trim and siding would have to be replaced just to provide a nailing surface for vinyl or aluminum siding. - Improper construction framing methods have caused sagging floors, buckling walls, and functional problems with doors and windows. Joists are undersized and over spanned, joists and beams have been cut and not supported, and joists which were embedded in the concrete foundation are now rotting. - Hazardous electrical and plumbing system problems; plumbing not vented allowing sewer gases into the house; flexible-waste and gas lines are used which are prone to leaking; extensive use of extension cords and improperly installed wiring create safety and fire hazards. Obsolete Structures - Small cellar type basements with steep, narrow stairway access. Standard laundry appliances are too large for stairway openings. In one home, a three foot section of a main support beam had been cut out to allow room for a small freezer to be moved into the cellar. The support was never repaired and the main beam is starting to twist causing structural problems. - Limited or no storage area. The absence of cellar and attic storage. is common. Closet space is minimal and in some cases no closets exist. - Limited food preparation and storage. Small kitchens do not accommodate the size of todays standard appliances. Counter and cupboard space have been forfeited for standard ranges and refrigerators. - No dining area in kitchen or other room. Small living areas have insufficient room for a dining table. Families, instead, eat in a make shift manner in the living room. - Inefficient room layout requires that bedrooms be passed through to access the bathroom. In one instance, a bedroom must be passed through to enter a second bedroom. - Bedroom size does not accommodate a standard bed and dresser. As a result sleeping spaces have been created in cellars or attic areas which do not have adequate ceiling height, light and ventilation, or egress. It is difficult to evaluate homes based only on exterior conditions. Acute cottage home from the street, may actually be uninhabitable inside. A home with poor exterior maintenance and conditions may actually be neat, clean and repaired inside. Discussions with homeowners during the inspections indicated their strong interest in selling through the Expanded New Home Program. Generally, owners perceive difficulty in selling in the marketplace because: - homes cannot be conventionally financed; contract for deed, seller financing is usually required. - owners desire cash which can be used for a replacement dwelling. - many repairs are needed and owners are reluctant to incur further out of pocket expense for a home that doesn't provide pay back to the investment. - a savings can be realized, minimal closing costs and no realtor fees result by participating in the HRA program. - owners are tired of substandard and inefficient housing and "want out". - the homes are the least desirable in the market place and owners would prefer to rent the substandard dwelling to someone else than stay. H90-3-0129 • Expanded New Home Program • Procedural Guidelines Summary The "Procedural Guidelines" set forth the process to be followed in administering the Expanded New Home Program. Many of the procedures have been utilized in existing programs. The Table of Contents lists the administrative subjects. Pages one through six discuss the procedures to be followed in selecting, evaluating and purchasing garage and cottage type homes. All structures must be substandard and/or obsolete. The actual purchase of a property and the dollars paid require authorization by HRA. Tenant occupied property will not be purchased because of the financial burden of relocation payments. Owner-occupants must sign a waiver of relocation benefits. No property will be purchased without having a developer who has agreed to buy it from the HRA. Beginning on page six and continuing through page ten are the procedures related to developer selection, housing and site design, and developer solicitations. Successful performance is critical with this program, thus the Developer Selection Criteria is designed to encourage only developers who have a successful track record, are financially strong and build several homes a year. For this program, each developer would construct five to six homes. If there are more than enough developers for the property available, selection will be made by lottery. Procedures regarding sale of property to developers begins on page ten. The sale price will be determined by a reuse appraisal undertaken by an independent appraiser. To maximize the amount of tax increment, a minimum market value will be established for each parcel. The value will range from 5110,000 to $140,000. To help determine the minimum market value a "neighborhood evaluation" will be conducted by the appraiser as part of the reuse appraisal. The basis for the sale will be a public hearing and approval by the HRA of a developer's agreement. The construction plan review is discussed on pages 11 and 12. The HRA will be responsible for demolition of existing structures. That process is discussed on pages 12 and 13. At the time of sale of the property to the developer, the developer will execute a license granting the HRA the right to enter the property for demolition. Because construction will follow shortly after demolition, and to minimize costs, the cellar or basement spaces will not be backfilled or fenced, the sides will be tapered. All existing structures will be demolished. Sale of structures for removal from the site will not be considered for reasons outlined on page 14. The last page number 15 contains statements regarding the management of program funds. At this time, all appraisal work will be handled by one firm, BCL Appraisals, Inc. The "Procedural Guidelines" do not specify that one firm must prepare both acquisition and reuse appraisals, nor do the "Guidelines" specify the firm. However, BCL has provided favorable pricing for the appraisals. Staff also worked with them to formulate the "neighborhood evaluation" which is key to the success of this program. Mr. Brad B~orklund is a principal of this firm. He has consistently provided high quality appraisals to the HRA. R90-3-0147 • • Expanded New Home Program Redevelopment and Tax Increment Plans Summary Rather than starting at the beginning of the Plan documents, the first paragraph below is intended to explain the basic concept of the Plans. The Expanded New Home Program activities will be conducted from within two large redevelopment projects known as Redevelopment Project Area "A" and Redevelopment Project Area "B" (see page 34 or 68 for map both of which are the same). Each redevelopment project area will have a tax increment district, Tax Increment Redevelopment District "A-1" and Tax Increment Redevelopment District "B-1" respectively. Each district will be composed of parcels purchased by the HRA. They are located on the maps, page 34 or 68 and listed on pages 16 and 50. The same properties are also listed on pages 35 and 69. The only parcels which could become part of district "A-1" and "B-1", would be those listed. No property will be purchased which is not listed. Although all the owners of property listed expressed interest in selling, it is likely that negotiations will not be satisfactorily concluded with all the owners. Thus, not all property listed will be purchased. In project "A", there are 19 properties listed and project "B" lists 8 for a total of 27. However, two of the parcels are double lots. Twenty-seven properties are listed but 29 new houses may be constructed. The balance of the Plan documents are similar to those previously reviewed and approved by the HRA and City Council for other projects such~as the ILN and PASSS. A few of the more significant features of the documents are briefly identified as follows. Because the activities in each project area are the same, the documents for Redevelopment Project Area "A" and "8" are the same except the "Description of the Redevelopment Project Area" (boundary description); and "Acquisition and Relocation Activities" (list of properties to be considered for purchase). The documents for Tax Increment Redevelopment Districts "A-1" and "B-1" are the same except for "Parcels in Acquisition" (list of properties to be considered for purchase), "Original Tax Capacity", "Estimated Captured Tax Capacity" and the "Appendices". Objectives are listed on page 14 of the "A" document. They are the same in all documents. r~ L The budgets for each project area appear in the Appendices' and total $1,140,669 for project "A-1" page 37 and $480,281 for project "B-1" page 71. The total estimated budget is $1,620,950. The proposal is to create two TIF redevelopment districts with a 25 year life. The only increment captured by the two districts would be that generated from the property on which new homes were constructed. No bonds would be issued. A perusal of the Table of Contents and 10 and plan document "B" page listing of all topics. R90-Summary in plan document "A" pages 9 43 and 44 will reveal a full • • RICHFIELD EXPANDED NEW HOME PROGRAM PROCEDURAL GUIDELINES 7/16/90 • • Table of Contents Page Number Statement of Purpose ................... 1 Program Objectives ..................... 1 Definitions ............................ 1 Data Privacy ........................... 1 Seller Solicitation Procedures.......... 1 Property Selection Criteria ............ 2 Property Evaluation Procedures ......... 3 Acquisition Procedures ................. 5 Developer Selection Criteria ........... 6 Housing Design and Site Development Criteria ............................... 7 Developer Solicitation Criteria ...... 9 . D l S l ti eve opers e ec on Procedures ...... 9 Procedures for Sale to Developers .... 10 Property Closing Procedures ............ 11 Plan Review Process .................... 11 Procedures for Evaluation and Demolition ......................... 12 General Program Marketing .............. 14 Internal Fund Management ............... 15 1~ Richfield Expanded New. Home Program Procedural Guidelines Statement of Purvose This document has been developed as a guidance tool for Program Administration. This document should not be interpreted as constituting any contractual. agreement or liability by the City or HRA. Program Objectives - Replace small lower value housing on scattered sites throughout the City with larger, new, higher value housing designed for families. - Eliminate the blighting influence of substandard housing, thus improving residential neighborhoods. - Alleviate the shortage of standard housing for families. These objectives will be achieved through the acquisition of property and the development of new single family homes. • Definitions HRA - Housing and Redevelopment Authority in and for the City of Richfield Voluntary Acquisition - The acquisition (purchase) of real property which results from a voluntary proposal to sell from an owner in response to an invitation or solicitation for offers. Developer - Developer or Builder who has entered into a Development Agreement with the HRA to purchase specific lots and develop them with new single family homes. Data Privacy All files and information which identifies property and persons is private and cannot be released. All information secured through the program is subject to the Data Privacy Act. Seller Solicitation Procedures 1. HRA staff will solicit for sellers by direct mail, advertisement, or other method. The number of properties purchased will be determined by the availability of resources and properties. 1 2. Sale to the HRA must be on a voluntary basis. Interested sellers are required to respond to the HRA solicitation in writing, with an offer indicating: a. An interest in selling their property to the HRA. b. A willingness to waive relocation benefits. c. Statement of tenant interest in the property at the time of offer. d. Consent to the release of relevant information to potential developers. 3. Owners that have been surveyed and have an interest in selling must be contacted to inform them of the project time line and solicit the required written response. Property Selection Criteria HRA staff will prepare property fact sheets for properties which owners have expressed an interest in selling, and make a driveby inspection. Properties will be evaluated based on the following criteria. To be eligible for acquisition properties must meet criteria #1 a, b, c or d; and #2, through #6. 1. The property is: a. Substandard as to condition, size or usage. • b. Obsolete and faulty design for block and area in which it is located. c. A deteriorating factor which has caused blight to other adjoining properties. d. Detrimental to the safety or health of abutting properties in the block. 2. The estimated market value of the property is within appropriate limits established by the HRA for tax increment feasibility. An effort will be made to acquire the lowest value properties first. Neighborhoods should be able to support a minimum sales price of $110,000 for new construction. 3. The site can be developed with a single family home within city code requirements, including zoning and conformance with the Comprehensive Plan. 4. The property must be owner-occupied or vacant before the owner should consider offering it to the HRA. Tenant occupied properties will not be considered for purchase. 5. The relationship of the property to other projects does not cause a negative impact on development. Other projects to be considered are: 2 a) Established Commercial Redevelopment areas. b) R-O-W improvement projects.494/35W/62nd/77th/66th/other c) Airport noise exposure zones: - 65 to 69 Ldn - 70 to 74 Ldn d) Storm Water Flood Prevention Improvements Projects. e) Other 6. Prior to acquisition by the HRA, properties must be evaluated for historical significance. This will be accomplished by forwarding general property information and a property photo to the Minnesota Historical Society for review. This should be confirmed prior to signing a purchase agreement. The HRA will not purchase property which qualifies for the National Registry of Historical Structures. Property Evaluation Procedures 1. Based on the above information, HRA staff will identify the best candidates for 'acquisition. The following will be considered in that evaluation: a. Properties must be immediately available to meet the HRA development time frame. b. Properties with one or more of the following • characteristics should be considered first: - lowest values - poorest visible conditions - located in average to better neighborhoods c. Properties .purchased should be equally distributed by location and value through the districts when possible and provide a viable financial mix of properties to support program financial requirements. Given the above considerations, each site will be evaluated on a case by case basis. 2. Once an offering letter is received, HRA staff will contact the owners of the properties and arrange an inspection of the interior for blight qualification. The following information will also be obtained during the this inspection: a. Demolition specification information (See Procedures for Evaluation and Demolition). b. A determination as to the existence of any hazardous materials on the property. This includes: - a visual inspection - a statement from the seller regarding any knowledge of the properties use for production, storage, deposit, or disposal of any toxic or hazardous wastes or substances or asbestos products whatsoever, during the time seller owned property and prior to the date of 3 seller purchased property. Properties with environmental problems or hazards may be considered if the purchase price is reduced sufficiently to cover increased site clearance and preparation costs. 3. If a property meets the blight test, acquisition procedures will continue. If the blight test cannot be met, the property cannot be considered for acquisition. 4. For properties meeting the blight test, sellers will be asked to provide the Abstract or RPA (as applicable) to the HRA to facilitate the rendering of a Title Opinion. The cost of updating the Abstract or RPA will be the sellers if a sale occurs. If no sale occurs, the HRA will bear the entire cost of updating the Abstract or RPA. The HRA will provide a written receipt when receiving and returning an abstract or RPA. 5. Legal Counsel will be responsible for having the Abstract or RPA updated and will contact staff as quickly as possible with an oral opinion of title. A written opinion will .follow shortly thereafter. 6. If the Title Opinion indicates the property has marketable title, purchase procedures will continue. If the Title Opinion does not indicate a marketable title, the HRA, at its sole discretion, may choose not to acquire the property. The HRA may determine remedies and evaluate their resolution, including the additional time and expense to provide marketable title. The HRA may proceed to correct title deficiencies once a Purchase Agreement is executed. by the seller. 7. If a variance is required to redevelop the property, the HRA may, at its sole discretion, chose not to acquire the property. This determination will be made based on the project time lines, available resources, and availability of more desirable properties which do not require a variance. 8. If the HRA chooses to continue with the acquisition, a fee appraisal will be ordered to determine the purchase price of the property (to present to the seller), and the reuse value as a vacant lot, and a finished price range for new single family construction (to present to the developer). The independent fee appraiser will be carefully instructed to document in specific terms the conditions of the property; details regarding structural condition and floor plan. The acceptance of these conditions in the market place should be discussed in the report. The appraisers value judgement should reflect these conditions. 4 9. In some instances the. Title Opinion and fee appraisal may be obtained simultaneously to facilitate a timely acquisition. Acquisition Procedures (Sale to HRA) 1. When a purchase price has been determined, the seller will be informed of: a. The .purchase price b. How the purchase price was determined. c. If negotiations fail, and the offer is not accepted, the HRA will not acquire the property. 2. A development agreement must be executed by the selected developer prior to the purchase agreement being signed by the seller. No property will be considered for acquisition by the HRA unless the development agreement and purchase agreement have been signed by the developer and seller respectively. 3. Once a negotiated price has been reached, a purchase agreement and "waiver of relocation payment" form must be executed by the seller for the acquisition process to continue. The relocation benefits which the seller agreed to waive must be clearly explained at this time if not explained previously. • 4. Following execution of the purchase agreement by the seller, demolition specifications can be developed. 5. The Richfield Planning Commission must determine whether the acquisition and disposition of the property is in conformance with the Richfield Comprehensive Plan. Several properties may be simultaneously presented to the Planning Commission for review. (This is an administrative finding that does not require public hearing). 6. The HRA will be requested to simultaneously authorize: a. Purchase Agreements b. Development Agreements c. Public Hearing of Disposition to Developer d. Initiation of Demolition Bidding (Agreements for several properties may be presented to the HRA at one time). 7. Following HRA authorization of these agreements: a. A simultaneous closing will. be scheduled with the seller, HRA. and Developer. 5 b. Developer will be requested to provide evidence of . insurance and financial security prior to closing. c. Seller will be requested to assemble or supply all required documentation prior to closing. d. The public bidding process for demolition will be initiated. 8. The seller must be prepared to vacate the property on the day of closing. 9. The developer shall pay for the vacant lot and provide final evidence of insurance and financial security at closing. (See Development Agreement requirements and Procedures for Developer Selection and Sale to Developers). Special considerations during the acquisition process: a. Non-homestead vacant property will be considered for acquisition. b. Tenant occupied property cannot be acquired. c. Property expenses related to maintenance, taxes, and insurance, are not anticipated since the HRA will not retain title to the property. . d. Review appraisal services may be part of the negotiating process to determine purchase price if the fee appraisal report values the property below the current assessor's market value. e. Annual number of acquisitions is influenced by available resources (funding and staff). Developer Selection Criteria Private developers will be selected by the HRA to construct new single family homes on identified lots. Developers must meet the following requirements: 1. Demonstrate financial capability by: a. A statement from a financial institution of available construction capital; and b. A letter of credit; or c. A performance bond; for the value of the construction. 2. Provide favorable references from: a. Five satisfied customers. 6 • b. Three major suppliers, one being the construction lumber supplier. 3. Demonstrate proof of insurance as specified in Developers Agreement. 4. Possess H.O.W. insurance or equivalent to perform warranted repairs required by MN State statute. 5. Agree to the terms of the Development Agreement. 6. Agree to complete construction within the time frame specified in the Development Agreement. Every effort will be made to complete construction by December 31st of the construction year, for purposes of tax increment capture. 7. Preferential consideration will be made to developers meeting the following requirements: a. Have experience working on infill projects. b. Have been a member of the Minnesota Builders Association (MBA) for the previous three (3) or more years; or be able to have met their requirements for the previous three years. • c. Have a demonstrated record of building at least three (3) homes a year for the past five (5) years. (See item 2, above) Housing Design and Site Development Criteria Siding, exterior facade presentation, roof, window, siding and building line variability, finished landscape, interior space function and use are all important considerations. The development of all sites shall meet the development objectives listed below. The guidelines were created to insure that the homes built on the identified lots blend in with the surrounding neighborhood and respond to specific concerns of the HRA. 1. General: a. Each home shall be single-family, owner occupied. b. The value of each new home must meet or exceed the value specified for each property in the development agreement. • 2. Site Standards: 7 a. The grounds shall be finish landscaped to be aesthetically pleasing in all seasons. Land forms and plants materials shall be used to define the site and blend with adjoining property. b. Utility meters shall be screened from street view; locations must be specified on plans. 3. c. Site drainage shall be accommodated on the site so that water is directed away from the new home and the neighboring properties. d. Existing trees shall be preserved when possible. Care should be taken to preserve existing root systems. A tree wrap, with board reinforcement shall be used on trees directly adjacent to active grading and construction areas. e. The construction site, neighboring property and adjacent public streets shall be kept free of construction debris at all times. Building Standards: a. The home shall be a 3-4 bedroom, 2 bathroom structure. b. A two car garage, attached or detached, must be provided on the site for single family detached units. A minimum of one enclosed parking space per unit will be required for attached single family units. c. Exterior materials (siding, soffit, doors and windows), should be low maintenance. Aluminum and vinyl are preferred. Natural cedar lap is acceptable if properly stained or painted. Hardboard, whether panels or lap siding, are not acceptable. d. Unit height and mass of the new homes shall be compatible with the scale of the surrounding neighborhood. e. A full basement shall be provided in the house unless the selected design results in a split level, garden level type of basement. f. All building plans must have been prepared in consultation with an Architectural Designer with a minimum two year technical degree. An Architect may also be consulted. g. All construction must conform to the Sound Attenuation Building Standards for properties located in 65-69 and 70-74 'Ldn zones. A copy of the Sound Attenuation Building Standards Specifications will be provided to developer building in those zones. 8 Developer Solicitation Criteria 1. The HRA will advertise in professional publications or newspapers, by direct mail, or other methods as deemed appropriate, to solicit developer interest. The initial solicitation will include general program information, specific properties will not be identified. 2. A program information package will be available upon request to all interested developers. The information package will include the following: a. Developer requirements and application, (See Developer Selection Criteria). b. Program summary information to include: - Program Objectives - Housing Design Criteria - Plan Review Process - Developer Selection Process - Demolition Process - Procedures for Sale to Developer - Construction Timeframe c. Sample Development Agreement d. Informational City Map indicating: - School locations - Parks - Bus routes e. A deadline for submission of application. Developers will generally be given two weeks to complete and return applications. f. This package will not include specific property, identification. Developer Selection Procedures 1. Upon receipt of applications, HRA staff will evaluate developers based on requirements set forth in the "Developer Selection Criteria". 2. HRA staff may reject or accept proposals at its sole discretion, so long as the developers selected adequately meet the Developer Selection Criteria. 3. If the number of qualified developers exceeds the number of available property groups, developers will be selected by lottery. • 9 4. The HRA will group lots for sale to developers as follows: a. Groups will contain a minimum of 5 to 6 lots, when possible. b. To accomplish a balanced distribution of more and less desirable lots, lots will be grouped together to provide a mix of projected new home value opportunities in a variety of locations. 5. Property groups will. be assigned to developers by lottery. 6. Alternate developers will also be selected.. Procedures for Sale to Developer 1. The vacant lots will be sold to developers at fair market value as determined by HRA staff based on independent appraisal. 2. A development agreement will be presented to the developer for consideration. The development agreement is of a standard form which includes conditions for acquisition and development of property. One element of property development is the Assessment Agreement which prescribes a a minimum market value for each property provided to the developer. Minimum values are presented in two ways: a) Minimum Values per property b) Minimum Value total for the package of properties provided to the developer. The HRA will provide recommended values per property and per package. The developer may review and accept or modify values per property. However, total values per package may not be modified. 3. The selected Developers will be required to execute Development Agreements for each property being developed. A purchase agreement can then be signed by the seller. 4. If the selected developer is not willing to sign a Development Agreement for each property in the identified group, the properties will be offered, to an alternate developer. 5. The following items specified in the Development Agreement will require discussion and negotiation with the developer: - Construction start and completion dates. - Guaranteed minimum value of property upon completion. - Developers willingness to sign an Assessment Agreement. 10 - A license provided to the HRA for the purpose of .completing demolition work. - Design Criteria 6. Following execution of Purchase Agreements by the sellers and subsequent Development Agreements by the Developer, the HRA will be requested to authorize: - Purchase Agreements - Development Agreements - Public Hearing on disposition of property - Demolition public bidding process 7. Following HRA authorization of these items: - The Public Bidding process for demolition will be initiated. - A simultaneous closing will be scheduled with the seller, HRA and developer. 8. Prior to closing, the developer will be required to provide evidence of insurance and financial capability as identified in the Development Agreement. Property Closing Procedures A simultaneous closing will take place with the seller, HRA and developer. The HRA ownership of the property will pass to the developer at closing. The HRA will not retain title to the property longer than the closing meeting. The following will be required at the closing: 1. The seller will be required to provide a Warranty Deed to the HRA. 2. The HRA will convey the property to the developer by Quit Claim Deed. 3. The Developer must provide evidence that all post closing agreement requirements to proceed with construction, have been met. This includes but is not limited to insurance documents and letters of credit. The letter of credit will be an amount equal to the amount of the HRA net contribution (acquisition price minus land value plus site preparation costs). 4. A license on each property will be provided by the developer to the HRA for the purpose of completing demolition work. 5. The HRA will prepare all statements, affidavits, documents, and general release forms required for closing. Plan Review Process 1. The following must be provided to the Building Official, by the developer: 11 - Plans (2 copies) - Land Survey (2 copies) with building elevations, site drainage patterns and easements. - Energy Calculations - Any engineering plans (curb cuts, etc.) to be routed through Building Official to the engineering division. 2. The Building Official will be asked to review plans for structures located in the Ldn 65-69 and 70-74 for conformance to sound attenuation building standards. 3. The Building Official will forward the plans to HRA staff for review. 4. HRA staff will review all plans to assure conformance with Housing Design and Site Development Criteria. 5. If any element of the plan is in conflict with the above criteria, HRA staff will notify the Building Official. The Building Official will notify the developer of any conflicts. 6. The developer must resubmit the revised plans for final approval unless resolved to the satisfaction of the Building Official by modification to original office copy of submitted plans. C7 7. Each plan review by HRA staff, will be completed in a timely • manner. Review time approximates one week. Each plan submitted will be processed individually. Upon completion of review by the HRA, a review checklist will be signed and attached to the plans, and the plans returned to the Building Official. 8. HRA staff will refer the plans to the County Assessor to make a preliminary determination of value based on plans and amenity package. 9. The Developer, County Assessor, and the HRA will execute an Assessment Agreement and Certification of Assessor for each property, to guarantee the minimum development value. This Agreement will run with the land until the expiration date of the tax increment district. 10. Housing design and site development criteria have been reviewed and approved by the HRA. Procedures for Evaluation and Demolition of Structures DEMOLITION• The HRA will be responsible for demolition and site clearance of acquired properties. Procedures are as follow: 12 1. Properties. will be inspected by staff for the purpose of preparing a demolition specification. This inspection shall be completed simultaneously with the blight qualifying inspection. The following items will be noted: a. Property legal description and documents of record. b. Approximate size of basement or cellar, structure (copy of assessing drawing if available). c. The existence or non-existence of a well. d. Number of out buildings for removal - sheds, garages, others. e. Concrete walks, patios, driveways, and slabs. f. Existing fences, retaining walls or any other type of permanent landscape materials. g. Miscellaneous yard debris, fixtures, landscape timbers and stones, foundation plantings. h. Existence of asbestos building materials. i. Structural or other factors that will affect demolition. 2. Contractors will be instructed to taper edges of all excavated areas to an acceptable slope for safety, keeping soil disturbances outside the building area to a minimum. The slope will be a minimum of 2 to 1. There will be no backfilling or fencing of excavated areas. 3. Individual demolition specifications will be prepared for each property following the execution of a purchase agreement. As many properties as possible will be assembled as one package and bid as one fob depending on the timing. A separate price will be required for each property. 4. A Public Bidding Process will be used in the selection of a contractor pursuant to Minnesota Statute 471.345. The Public Bidding process shall begin immediately following HRA authorization of purchase. 5. In addition to general advertisement, required by statute, desired contractors will be solicited. 6. A Demolition Contract will be executed by the demolition contractor and the HRA for structure removal and site clearance as specified by the HRA. The Developer must contract independently with the Demolition Contractor if additional demolition work is desired. 7. Prior to site clearance an informational letter will be sent to adjoining property owners to further explain the program and anticipated development schedule. Neighborhood meetings on a site by site basis are not anticipated. 13 8. Demolition will be scheduled to occur as soon as possible following the HRA sale of the property to a developer. A license will be provided by the developer to allow the HRA to complete demolition and clearance work on the site. 9. Soil corrections and compaction will be the responsibility of the developer. 10. The sale of structures to house movers will not be considered based on the following: a. The properties purchased are small and blighted, generally not desirable to movers. b. Movers require a minimum of 60 days following award of bid, to remove a structure. House mover's schedules and unanticipated weather conditions could prolong this time. Delays cannot be accommodated in the HRA's development schedule. c. Movers would have minimal interest, if any, should the HRA require structures to be removed from the site prior to 60 days following the bid award. d. The HRA would be required to follow public bidding process for the house moving as well as remaining demolition work. The time frame for this process cannot be accommodated in the development schedule. General Program Marketing Marketing for the sale of the new homes will be the responsibility of the developer. Program marketing by the HRA will be limited to the following: 1. Developer solicitation. a. The HRA will request proposals from developers by advertising in professional publications or newspapers, by direct mail, or other methods as deemed appropriate. 2. Public Promotion. a. The HRA will periodically provide information about the program through articles or information pieces in the "Your City, Your Schools" publication to promote community awareness. b. When possible, a public open house will be held to provide an opportunity for residents and other interested parties to collectively view the finished homes. c. Marketing through the schools. 14 Internal Fund Management The program is financed with tax increment and other resources made available to the HRA from the City. The following conditions apply: 1) No bonds will be sold. 2) The City Council and HRA will designate the funding sources which will be borrowed. 3) The funds will be made available in a separate account to be drawn as needed to cover project expenses. 4) The funds that the HRA borrows will be repaid to the City over a 25 year period if sufficient funds are generated through Tax Increment. Interest may be paid if the funds generated exceed the principal amount borrowed. 5.) The payment to the City from the HRA through tax increment would be made following receipt of property tax payments from Hennepin County. L~ • 15 • THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA MASTER PLAN EXPANDED NEW HOME -SCATTERED SITE HOUSING PROGRAM FOR REDEVELOPMENT PROJECT AREA "A" AND TAX INCREMENT FINANCING DISTRICT "A-1 " REDEVELOPMENT PROJECT AREA "B" AND TAX INCREMENT FINANCING DISTRICT "B-1 " DATED: JULY 16, 1990 PREPARED BY: The City of Richfield Department of Community Development Housing and Redeve/opment Division 6700 Portland Avenue South • Richfield, MN 55423 ~si2~ Bs~-9~so MAYOR STEVEN J. QUAM CITY COUNCIL Edwina Garcia Martin Kirsch Ivan Ludeman Michael Sandahl HOUSING AND REDEVELOPMENT AUTHORITY Thomas Harms, Chair Edwina Garcia Joan He/mberger Ivan Ludeman Vern Luettinger CITY MANAGER/EXECUT/VE DIRECTOR James D. Prosser • PLANNING COMMISSION Thomas Ohnesorge, Chair Nancy Edwardson Michael Gallagher Robert Nelson Morris Nilsen, Jr. Lorraine Prind/e Thomas Scaglia William Snyder David Sumnicht CITY STAFF Byron Wallace Director, Community Development John Dean HRA Attorney Ronald Batty HRA Attorney Bruce Palmborg Housing & Redevelopment Coordinator Bruce Nordquist Housing Supervisor Catherine Jones Housing Specialist Kathy Jablonsky Redevelopment Specialist Diane Nordquist Community Development Technician • • The Housing and Redevelopment Authority in and for The City of Richfield, Minnesota Redevelopment Plan for Redevelopment Project Area "A" and Tax Increment Financing Plan for Tax Increment Redevelopment District "A-1 " of the Expanded New Home -Scattered Site Housing Program Dated: July 16, 1990 TABLE OF CONTENTS Part L Redevelopment Plan .for Redevelopment Project Area "A" PAGE A. Statement of Public Purpose 1 B. Statutory Authority 1 C. Description of Redevelopment Project Area. 2 D. Statement of Goals and Objectives 3 E. Development Activities and Agreements 4 F. Proposed Land Use 6 G. Ac uisition and Reloca i n A q t o ctivities 6 H. Environmental Considerations 7 I. Redevelopment Plan Modification. 7 J. Administration of Redevelo ment Pro'ect P J 7 Part ll. Tax Increment Financing Plan for Tax Increment Redevelopment District "A-1 " A. Statutory Authority 9 B. Statement of Objectives 9 C. Development Program 9 D. Description of Property in the Tax Increment Financing District 10 E. Classification of the Tax Increment Financing District 10 F. Parcels In Acquisition 12 G. Estimate of Costs 12 H. Estimated Amount of Obligated Funds. 13 (i) I. Sources of Revenue . 13 J. Original Tax Capacity 13 K. Estimated Captured Tax Capacity 14 L. Duration of the District 14 M. Estimated Impact on Other Taxing Jurisdictions. 14 N. Modifications of the Tax Increment Financing District 14 O. Limitation on Administrative Expenses 14 P. Limitation on Duration of Tax Increment Financing Districts 15 Q. Limitation on Qualification of Property in Increment District not Subject to Improvement. 15 R. Limitation of the Use of Tax Increment 15 S. Notification of Prior Planned Improvements 16 T. Excess Tax Increments 16 U. Restrictions on Pooling; Five-Year Limit. 17 V. Assessment Agreements 18 W. Administration of the Tax Increment Financing District and Maintenance of the Tax Increment Account 19 X. Annual Disclosure Requirements. 19 Y. Assumptions 20 Z. Municipal Findings 20 Appendix A: Map: Redevelopment Project Area "A". 25 Appendix B: Property in the Tax Increment Redevelopment District "A-1" 27 Appendix C: Estimate of Tax Increments . 28 Appendix D: Tax Increment Financing Budget. 29 Appendix E: Estimate of Impacts on Other Taxing Jurisdictions 30 (ii) Part 1. Redevelopment Plan for Redevelopment Project Area "A" A. Statement of Public Purpose It is found ,that there is not in this city a sufficient supply of adequate safe and sanitary dwelling accommodations; that in certain areas thereof there exist substandard conditions, unsafe and unsanitary housing and buildings and structures used or intended to be used for living; which by reason of sociological and technological changes, dilapidation, obsolescence, overcrowding, .and faulty arrangement or design. of building and improvements, lack of public facilities, ventilation, light and sanitary facilities, or deleterious land use, or obsolete layout, or any combination of these and other factors are injurious to the. health, safety, morals and welfare of the citizens of this state; cause an increase and spread of crime, juvenile delinquency and disease, inflict blight upon the economic value of large areas; threaten the source of public revenues while decentralizing communities to areas improperly planned and not related to public facilities; and require citizens to occupy unsafe, unsanitary and overcrowded dwellings. Therefore, in order to respond to public interest and protect the overall economic stability of the housing area, redevelopment of neighborhoods is required to create an economic environment which fosters the growth of a healthy residential base and encourages private enterprise to engage in redevelopment and new construction to be implemented in accordance with a comprehensive community plan. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) and the City Council of the City of Richfield, Minnesota (City) have determined that public intervention is necessary in Redevelopment Project Area "A" (Project Area "A") of the Expanded New Home - Scattered Site Housing Program (Housing Program) in order to achieve goals and objectives for the area. 8. Statutory Authority The statutory authority for the undertaking of a redevelopment project in Project Area "A" and the activities proposed in the redevelopment plan relating thereto is conferred upon the HRA pursuant to and in accordance with the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001 to 469.047, inclusive, as amended. Specifically, Minn. Stat., Sec. 469.027 establishes the requirements for redevelopment plan preparation by an HRA prior to undertaking property acquisition, redevelopment, development and other related improvements. -1- C. Description of the Redevelopment Project Area In order to guide development and redevelopment in Project Area "A", the HRA has created this redevelopment plan. Pursuant to Minn. Stat., Sec. 469.002, subd. 12, the proposed project meets the definition of a redevelopment project, defined in Minn. Stat., Sec. 469.002, subd. 14, and will henceforth, be referred to as the redevelopment project. The boundary for Project Area "A" encompasses all that real property within an area described as follows: Beginning at the intersection of the southerly right-of-way line of East 62nd Street and the easterly right-of-way line of 11th Avenue South, thence, in a line easterly more or less, along said southerly right-of-way line to its intersection with the westerly right-of-way line of Bloomington Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the southerly right-of-way line of East 63rd Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of 16th Avenue. Thence, southerly along said easterly right-of-way to its intersection with the northerly property line of Lot 2, Block 1, Iverson's Second Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the westerly right-of-way line of 18th Avenue South. Thence, southerly along said westerly right- of-way line to its intersection with the southerly right- of-way line of Diagonal Boulevard. Thence, southwesterly more or less, along said southerly right-of-way line to its intersection with the southerly right-of-way line of East 73rd Street. Thence, westerly along said southerly right- of-way line to its intersection with the easterly property line of Lot 5, .Block 4, Henry Thernell Addition. Thence, southerly along said easterly property line, as extended, to its intersection with the northerly right-of-way line of East 76th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly property line of Lot 4, Block 8, Sunset Terrace. Thence, northerly along said westerly property line, as extended, to its intersection with the northerly property line of Lot 8, Block 8, Sunset Terrace. Thence, westerly along northerly property line, as extended, to its intersection with the easterly right-of-way line of Lyndale Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West 74th Street. Thence, westerly along said southerly right-of-way to its intersection with the easterly property line of Lot 26, Block 25, Irwin Shores. Thence, southerly along said easterly property line, as extended, to its intersection with the northerly right-of- way line of West 76th Street. Thence, westerly along said northerly right-of-way line to the intersection with the westerly right-of-way line of Fremont Avenue South. -2- Thence, northerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of Humboldt Avenue South. Thence, northwesterly and northerly more or less, along said northerly right-of-way line to its intersection with the southerly right-of-way line of West 73rd Street. Thence, easterly more or less,- along said southerly right-of-way line to its intersection with the easterly right-of-way line of Lyndale Avenue South. Thence, northerly more or less, along said easterly right- of-way line to its intersection with the southerly right- of-way line of West 68th Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of Pleasant .Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the northerly property line of Lot 7, Block 2, Ralph Hollenbach's First Addition. Thence, easterly along said northerly property line, as extended, to the easterly right-of-way line of Wentworth Avenue South. Thence, southerly along said easterly right-of-way line to its intersection with the northerly property line of Lot 6, Block 2, Oaklane Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the westerly right-of-way line of Blaisdell Avenue South. Thence southerly along said westerly right-of-way line to its intersection with the southerly right-of-way line of West 68th Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of Nicollet Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the northerly right-of-way line of East 67th Street. Thence, easterly along said northerly right of way line to its intersection with the easterly right-of-way line of First Avenue South. Thence, northerly along said easterly right- of-way line to its intersection with the southerly right- of-way line of East 66th Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of 11th Avenue South. Thence, northerly along said easterly right-of-way line to the point of beginning. (Also refer to Appendix A, Map: Project Area "A".) D. Statement of Goals and Objectives The HRA determines that it is necessary, desirable, and in the public interest to undertake a redevelopment project in the City pursuant to the provisions of Minn. Stat., Chapter 469, as amended. The HRA determines that the funding of the necessary activities and improvements in the redevelopment project area shall be accomplished through the use of tax increment financing and other revenue sources available to the HRA and City. -3- The following goals and objectives are intended to serve as a . basis for guiding activities in the redevelopment project area: 1. To develop strategies to encourage development and redevelopment of single family homes. 2. To maintain a positive environment within the residential community. , 3. To enrich the quality of life for residents through planning. 4. To recognize the needs of all segments of the populace through diversity in housing stock which is a major determinant of the living environment. 5. To achieve a high level of design quality to enhance the physical environment. 6. To achieve a balanced variety of housing stock appropriate to the market area. 7. To enhance the residential tax base of the community. 8. To protect the surrounding residences from the adverse effects of dilapidation and deterioration. 9. To eliminate unsightly, blighting, deteriorated, and substandard structures. 10. To provide an expanded range of housing opportunities of sufficient quality and size through development, redevelopment and new construction. 11. To provide maximum opportunity, consistent with the needs of the city for development by private enterprise. 12. To coordinate elements of the City's Comprehensive Plan with these project objectives. E. Development Activities and Agreements The objectives of this redevelopment plan will be accomplished pursuant to the authority granted to the HRA by the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001, et secr• The following activities are appropriate for the area. Description of Anticipated Public Development Activities The anticipated public development activities in the redevelopment project area to be undertaken by the HRA and City -4- in order to support the private development activities include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. Remedial site environmental activities; and 5. Adjacent public improvements and utilities which service site. Description of Anticipated Private Development Activities The private development activities within the project area which are anticipated to occur include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. Any and all proposals for development and redevelopment will be reviewed by. the HRA and City, when appropriate, to determine conformance with the redevelopment plan and applicable municipal ordinances and codes. Property acquired by the HRA will be subject to a contract for sale to the developer. The general requirements to be imposed upon the developer by the contract for sale are: 1. To redevelop the property purchased in accordance with this redevelopment plan; 2. To commence and complete the construction of improvements on the property within specified periods of time; 3. Not to resell the property before improvements are made without the prior consent of the HRA; and 4. Not to discriminate on the basis of age, race, color, sex, creed, or national origin on the sale, lease, transfer, or occupancy of the property purchased from the HRA. -5- F. Proposed Land Use The current land uses. in the redevelopment project area include the following: - Single family residential; - Apartment; - Duplex; - Commercial; - Parks; - Schools; - Vacant; - Public; and - Quasi-public (e.g. churches, cemetery, nursing homes, private schools, and service organizations). New uses will be restricted to single family residential. G. Acquisition and Relocation Activities 1. Acquisition As a means of comprehensively formulating an expanded New Home Program, HRA staff recently undertook the following tasks to identify property for acquisition: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. The following property has been identified for acquisition for Cycle I of the program: PID NUMBER 26-028-24-11-0024 26-028-24-12-0083 26-028-24-12-0087 26-028-24-12-0114 26-028-24-13-0046 ADDRESS 6351 Bloomington Ave. So. 6332 - 15th Ave. So. 6349 - 14th Ave. So. 6325 - 15th Ave. So. 6425 - 15th Ave. So. -6- • • 26-028-24-13-0047 6415 - 15th Ave. So. 26-028-24-13-0049 6407 - 15th Ave. So. 26-028-24-13-0051 6400 - 15th Ave. So. 26-028-24-13-0079 6518 - 15th Ave. So. 26-028-24-13-0102 6538 Bloomington Ave. So. 26-028-24-13-0115 6501 - 15th Ave. So. 26-028-24-14-0096 6401 Bloomington Ave. So. 26-028-24-14-0116 6507 Bloomington Ave. So. 27-028-24-42-0068 6612 - 2nd Ave. So. 33-028-24-42-0014 7435 Emerson Ave. So. 34-028-24-11-0079 7039 - 5th Ave. So. 34-028-24-12-0085 7129 - 1st Ave. So. 34-028-24-13-0094 7216 - 1st Ave. So. 34-028-24-14-0041 7320 - 5th Ave. So. 2. Relocation The HRA accepts as binding its obligations under provisions of federal and state law (Minn.. Stat., Sec. 117.50 through 117.56) for relocation. H. Environmental Considerations Generally, the redevelopment project area is developed. All proposed public and private development resulting from this plan will be evaluated against existing environmental regulations. I. Redevelopment Plan Modification All redevelopment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.029, subd. 6. J. Administration of Redevelopment Project The redevelopment project and related housing program will be administered by the Richfield Housing and Redevelopment Authority. • -7- • (Intentionally Left Blank) • -8- Part U Tax -ncrement Financing Plan for Tax Increment Redevelopment District "A-1 " A. Statutory Authority The statutory authority for the undertaking of a tax increment financing district (TIF District "A-1") in Redevelopment Project Area "A" (Project Area "A") for the Expanded New Home - Scattered Site Housing Program (Housing Program) and the activities proposed in the tax increment plan relating thereto is conferred upon the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), pursuant to and in accordance with the Tax Increment Financing Act, Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended. B. Statement of Objectives The HRA and the City seek to achieve the goals and objectives set forth in Part I of the Redevelopment Plan. C. Development Program 1. Description of Development Activities On January 16, 1990, the HRA adopted a motion directing staff to proceed-with the formulation of an expanded New Home Program. In order to gauge interest in the new program and initially identify residential property for program participation, the following tasks were undertaken: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. A comprehensive, integrated approach for acquisition, site clearance, and new construction has been formulated and will be provided through program guidelines. The HRA will assist prospective developers with development, redevelopment, new construction, and other related activities within the context of this Plan, the Redevelopment Plan and other related guidelines. -9- 2. Development Activities Covered by Contract Currently, there are no development contracts. 3. Other Development Not Under Contract Reasonably Expected to Occur in-the Proiect. Proposals from prospective developers will be required to be submitted to the HRA as part of the review process. The following activities may be expected to occur: 1. Property Acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and. utilities which service site. For Cycle I of the Housing Program, a total of 27 properties have been identified for program participation and acquisition. Nineteen of the properties are located within. Redevelopment Project Area "A" while the remaining eight are within Redevelopment Project Area "B". (Refer to Appendix A for map of Redevelopment Project Areas.) Redevelopment Project Area B contains two properties with double lots. With property subdivisions, two additional homes will be constructed. Initial construction for Cycle I is anticipated to begin toward the end of the last quarter of calendar year 1990, with construction for each home to run approximately 120 days. Timing of construction is contingent upon favorable .market conditions, reasonable time period for processing applications and availability of funding revenue. D. Description of Property in the Tax Increment Financing District Property located within TIF District "A-1" is identified in Appendix B. E. Classification of the Tax Increment Financing District The Richfield HRA and City Council, in determining the need for a tax increment financing district in accordance with Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended, find that the district to be established within Project Area "A" is a -10- redevelopment tax increment financing district as defined in Minn. Stat., Sec. 469.174; subd. 10: It has been ascertained that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. ""Structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent expert appraisal of the cost of repair and rehabilitation of the building." Since the tax increment parcels within the scattered site program are rron-contiguous, each parcel has been examined by staff against the statutory definitions of structurally substandard and other blight definitions. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. • -11- F. Parcels in Acquisition The following property has been identified for acquisition: PIN NUMBER ADDRESS 26-028-24-11-0024 6351 Bloomington Ave. So. 26-028-24-12-0083 6332 - 15th Ave. So. 26-028-24-12-0087 6349 - 14th Ave. So. 26-028-24-12-0114 6325 - 15th Ave. So. 26-028-24-13-0046 6425 - 15th Ave. So. 26-028-24-13-0047 6415 - 15th Ave. So. 26-028-24-13-0049 6407 - 15th Ave. So. 26-028-24-13-0051 6400 - 15th Ave. So. 26-028-24-13-0079 6518 - 15th Ave. So. 26-028-24-13-0102 6538 Bloomington Ave. So. 26-028-24-13-0115 6501 - 15th Ave. So. 26-028-24-14-0096 6401 Bloomington Ave. So. 26-028-24-14-0116 6507 Bloomington Ave. So. 27-028-24-42-0068 6612 - 2nd Ave. So. 33-028-24-42-0014 7435 Emerson Ave. So. 34-028-24-11-0079 7039 - 5th Ave. So. 34-028-24-12-0085 7129 - 1st Ave. So. 34-028-24-13-0094 7216 - 1st Ave. So. 34-028-24-14-0041 7320 - 5th Ave. So. The tax increment district budget includes acquisition costs for subsidy purposes which .will be offered to developers as development incentives. G. Estimate of Costs The estimate of public costs associated with the tax increment district are outlined in the budget listed in Appendix D. -12- r H. Estimated Amount of Obligated Funds At the current time, approximately $l million is available to implement this program. Repayment of these funds will be through the use of tax increment financing and other sources of revenue available to the HRA and City. An estimate of the amount of bonded indebtedness for redevelopment. is expected to be $0. The term of the issues is 0 years including 0 years of capitalized interest with an anticipated taxable interest rate of 0$. The amount of capitalized interest is estimated to be $0. I. Sources of Revenue The primary source of revenue to be used to finance public costs associated with proposed developments in the redevelopment project area is tax increment. In addition to the tax increment revenue, other sources of revenue potentially available to the HRA and City may be utilized. J. Original Tax Capacity Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Sec. 469.177, subd. 1, the Original Net Tax Capacity (OTC) for TIF District "A-1" is based on the January 2, 1990 assessed value placed on the property by the county assessor. The OTC for the district is $17,730. (See Appendix B, Property Located in Tax Increment Financing District "A-1".) Each year the office of the county auditor will measure the amount of increase or decrease in the total net tax capacity of the tax increment district to calculate the tax increment payable to the redevelopment district fund. In any year in which there is an increase in total net tax capacity in the tax increment district above the original net tax capacity, a tax increment will be payable. In any year in which the total net tax capacity in the tax increment district declines below the original net tax capacity, no tax capacity will be captured and no tax increment will be payable. The county auditor shall certify in each year after the date the original net tax capacity was certified, the amount the OTC has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; or 3. Change due to stipulations, adjustments, negotiated or court-ordered abatements. • -13- K. Estimated Captured Tax Capacity Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Minn. Stat., Sec. 469.177, subd. 2, the estimated captured net tax capacity (CTC) of the tax increment district is within a range of $849 to $1,677 per home. The total CTC for 19 new homes within the project area ranges from $16,131 to $31,863. As a result of the improvements to be constructed, it is expected that the. estimated captured net tax capacity will be available for the housing program. It is also anticipated that this amount will be captured not more than 25 years. (See Appendix C, Estimate of Tax Increments). L. Duration of the District .Pursuant to Minn. Stat., Sect. 469.176, subd. 1, the maximum duration of a redevelopment tax increment district is 25 years. The HRA elects to capture 100$ of the tax increments for the duration of the district. M. Estimated Impact on Other Taxing Jurisdictions Refer to Appendix E, Estimate of Impacts on Other Taxing Jurisdictions. N. Modifications of the Tax Increment Financing District All tax increment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.175, subd. 4. The modifications pertaining to the necessary processing include any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination of capitalized interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the HRA; increase in total estimated tax increment. expenditures or designation of additional property to be acquired by the HRA shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the County Auditor. 0. Limitation on Administrative Expenses In accordance with Minn. Stat., Sec. 469.174, subd. 14, and Minn. Stat., Sec. 469.176, subd. 3, for districts for which certification was requested after June 30, 1982, no tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expenditures -14- authorized by the tax increment. financing plan or the total tax increment expenditures for the project,. whichever is less. P. Limitation on Duration of Tax Increment Financing Districts Pursuant to Minn. Stat., Sec. 469.176, subd. 1, the HRA must issue bonds, or acquire property, or construct or cause public improvements to be constructed within three years of the date of certification of the tax increment district by the county auditor. Q. Limitation on Qualification of Property in Tax Increment District Not Subject to Improvement Pursuant to Minn. Stat., Sec. 469.176, subdivision 6, "if, after four years from the date of .certification of the original net tax capacity of the tax increment financing district..., no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel. located within a tax increment financing district by the HRA or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the HRA or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the HRA shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district." R. Limitation on the Use of Tax Increment All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public redevelopment costs pursuant to Minn. Stat., 469.001 to 469.047, inclusive, as amended. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality. This provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used. for social, recreational or conference purposes and not primarily for conducting the business of the municipality. -15- Pursuant to Minn. Stat., Sec. 469.176, subd. 4j, at least 90 percent of the revenues derived from tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of a redevelopment district under section 469.174. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. S. Notification of Prior Planned Improvements Pursuant to Minn. Stat., Sec. 469.177, subd. 4, the HRA will review and search property files for properties to be included in the tax increment district and to identify those properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. T. Excess Tax Increments Pursuant to Minn. Stat., Sec. 469.176, subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat., Sec. 475.61, subd. 3, the HRA shall use the excess amount to: 1. Prepay the outstanding bonds; 2. Discharge the pledge of tax increment therefor; 3. Pay into an escrow account dedicated to the payment of such bond; 4. Repay any loans including interest on these loans; or 5. Return the excess to the county auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rates.. The amounts distributed to a city or county must be deducted from the levy limits of the governmental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government aid payment. For the purpose of this tax increment financing plan, excess tax increment means that increment received in any year which is in addition to the amount needed to satisfy the HRA's current financial obligations or commitments, as specified in the tax -16- increment financing budget listed in Appendix D, or which is in addition to that which is placed in a separate account for the purpose of accumulating funds needed to satisfy those financial obligations or commitments in the future. U. Restrictions on Pooling; Five-Year Limit In accordance with Minn. Stat., Sec. 469..1763, the following terms have the meanings given: "Activities" means acquisition of property, clearing of land, site preparation, soils correction, removal of hazardous waste or pollution, installation of utilities, construction of public or private improvements,. and other similar activities, but only to the extent that tax increment revenues may be spent for such purposes under other .law. Activities do not include allocated administrative expenses, but do include engineering, architectural, and similar costs of the improvements in the district. "Third party" means an entity other than (1) the person receiving the benefit of assistance financed with tax increments, or (2) the municipality or the development authority or other person substantially under the control of the municipality. Pursuant to Minn. Stat., Sec. 469.1763, subd. 2 with respect to expenditures outside the district: (a) For each tax increment financing district, an amount equal to at least 75 percent of the revenue derived from tax increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities in the district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of the revenue derived from tax increments paid by properties in the district may be expended, through a development fund or otherwise, on activities outside of the district but within the defined geographic area of the project except to pay, or secure payment of, debt service on credit enhanced bonds. The revenue derived from tax increments for the district that are expended on costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district. Pursuant to Minn. Stat., Sec. 469.173, subd. 3 with respect to the five-year rule: (a) Revenues derived from tax increments are considered to have been expended on an activity within the district under subdivision 2 only if one of the following occurs: • (1) before or within five years after certification of the district, the revenues -17- are actually paid to a third party with . respect to the activity; (2) bonds,. the proceeds of which must be used to finance the activity, are issued and sold to a third party before or within five years after certification and the revenues are spent to repay the bonds; (3) binding contracts with a third party are entered into for performance of the activity before or within five years after certification of the district and the revenues are spent under the contractual obligation; or (4) costs with respect to the activity are paid before or within five years after certification of the. district and the revenues are spent to reimburse a party for payment of the costs. (b) For purposes of this subdivision, bonds include subsequent refunding bonds if one of two tests is met: (1) the proceeds of the original refunded bonds were spent on activities within five years after the district was certified or (2) the original refunded bonds are issued within five years after the district was certified and the proceeds are expended on activities within a reasonable temporary period within the meaning of the use of that term under section 148(c)(1) of the Internal Revenue Code. Pursuant to Minn. Stat., Sec. 469.173, subd. 4 with respect to use of revenues for decertification: Beginning with the sixth year following certification of the district, 75 percent of the. revenues derived from tax increments paid by properties in the district that remain after the expenditures permitted under subdivision 3 must be used only to pay outstanding bonds, as defined in subdivision 3, paragraph (a), clause (2), and paragraph (b) or contracts, as defined in subdivision 3, paragraph (a), clauses (3) and (4). When the outstanding bonds have been defeased and when sufficient money has been set aside to pay contractual obligations as defined in subdivision 3, paragraph (a), clauses (3) and (4), the district must be decertified and the pledge of tax increment discharged. V. Assessment Agreements Pursuant to Minn. Stat., Sec. 469.177, subd. 8, the HRA may enter into an agreement in recordable form with a developer or redeveloper of property within the tax increment district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor -18- • who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. W. Administration of the Tax Increment District and Maintenance of the Tax Increment Account Administration of the tax increment district will be the responsibility of the Richfield Housing and Redevelopment Authority. The tax increment received as a result of increases in the net tax capacity of the tax increment district will be maintained in a special account separate from all other HRA and municipal accounts and expended only upon sanctioned activities identified in the tax increment financing plan. X. Annual Disclosure Requirements Pursuant to Minn. Stat., Sec. 469.175, subd. 6a, on or before March 1 of each year, the HRA must annually report to the commissioner of revenue the following: 1. Total principal amount of nondefeased tax increment financing bonds that are outstanding at the end of the previous calendar year; and 2. Total annual amount of principal and interest payments that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing. bonds. Also in accordance with this requirement the HRA must annually report to the commissioner of revenue the following amounts for the tax increment financing district: 1. Type of district; 2. Date on which the district is required to be decertified; 3. Captured net tax capacity of the district, by property class as specified by the commissioner of revenue, for taxes payable in the current calendar year; 4. Tax increment revenues for taxes payable in the current calendar year; • 5. Whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or -19- may be expended on activities located outside of the district, (ii) for deposit into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and 6. Any additional information that the commissioner of revenue may require. Y. Assumptions It was necessary to make certain assumptions regarding income, costs and timing of the tax increment financing district. These assumptions are based on discussions 'with the HRA, City, and County staff, and consultants. Z. Municipal Findings Pursuant to Minn. Stat., Sec. 469.175, subd. 3, before or at the time of approval of the tax increment financing plan, the municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination: 1. The Tax Increment Financing District is a redevelopment district pursuant to Minn. Stat., Sec. 469.174, subd. 10. It has been determined that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. Specifically, staff has examined each parcel against the statutory definitions of structurally substandard and other blight definitions due to the non-contiguous nature of the tax increment parcels. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life.. 2. The proposed activities listed in this plan, in the . opinion of the HRA, would not reasonably be expected to occur solely through private investment -20- within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary since the proposed development requires certain necessary planning, property assembly and other improvements without which prospective developers could not construct the aforementioned improvements; and without the use of tax increments or other revenues authorized by this plan to assist with the financing of the activities, prospective developers would not proceed with redevelopment in the redevelopment project area. 3. The tax increment financing plan conforms to the general plan for the development of the City as a whole as it will result in an expanded New Home Program for the development, redevelopment, new construction and other related improvements of residential homes for which there is limited sources of revenue available. 4. The tax increment financing plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development by private enterprise as it will enable the HRA to provide the necessary redevelopment for the project area and City, as a whole, in a planning manner suitable to both the public and private sectors. .7 -21- (Intentionall Left Blank Y ) • • -22- APPENDICES Expanded New Home -Scattered Site Housing Program Redevelopment Project Area "A" and Tax Increment Financing District "A-1 " • • -23- (Intentionally Left Blank) • • -24- APPENDIX A MAP REDEVELOPMENT PROJECT AREA "A" • -25- m J OJI U > J N J _ pJ m O~ r T T OI _ ~ _ _ O ~_ m _ A N A as > > : z o o .. ~ i s ~ i i z A ti ti ~ -/ y ti 1 ~ N y 1 ~ .NI y XER%ES AVE ~f ._ ~ f lip ~ . 4( , ,~ ,' ~ _ _ I I IC . WASHBURN : -- - ] ~ ~ ` III Il_ , ~ JI ., :. I, II I ~ I- ~c _ If it I VINCENT I ~ r 1 ~ ~L 1~- ~~ -II it ~ ~ II ^ ~ ~L _ 1 lr-_ ~E~ T, I,, n_. I~ Ct-_--~~- lf-= -1~ ~i I '~ :-1f UPTON I ~ THOMAS I~I lr _ I _Ir_~rl II I~ ~~ I[~L 7L~_ _~l[ ~I ~ t ~ _ I~ m SHERIDAN ~I~ L~= I II _ 11 I ~~~(c 7C --l rC~7(1 I . I ~ r Lt~~'~ RUSSELL Ili _ F I _.JI.:. ~ ~C--~i~_~~"!I. r~ __I ~___= r _ ~ QUEEN ' I ~ -.:-~[ ..__I I~_ ~~ _ IL..::. III 3 PENN AVE. IL~~ Il ___- ~~M~~t_..l _~ _ .`JI _J ~ ~1-)t _ IC__ _ = OLIVER I~~~JI r..__ 1C.. -Il_ 1C:-_.1 _ II-_. II~~~. __ _.. ~~ .__I - Il l ~..-.. __ ~ NEWTON I'll i~-. _1(. .lr ] t ~ lr _ [~ ~ _.IC _ 1.- I _ ~ ___I _ MORGAN it ][ .. I[ _.l ~ j ]_ I ..1r_. ~[~~ If I~ ( 1[ I[. 1L ~C. ~ KNDX I __~[..___ I( I k_~ fir. 1L•-1C1[_ I ~ C 1C_ lr__1[ D JAMES ~~ l ~_I ~.C_ ~r ._~r .~r I~~~_.,~L `r_- Il ~I~ __ F - N IRVING ~_L J r -- -- I -~ 1 _f_-LA~~SN4?~` -- -~.. HUMBOLOT - E - '~ _7C CCl r GIRARD ._ I.=- - D FREMONT 1I _.__ Il`~~_''I]l~ ~._~ ~~m(~. ~5W ., - ~_: L~- EMERSON _ _- I _ JL' _IC_~_. r E ~1~ ,~~~~]T 9 -- I ~ DU PONT I( ~-_.I _. __1jL~_ C-. r -~. \ x p ~\ j~~.yy,~ _ _ III I ` \\ m o ~~ ewo~> ~~ / 1~I l~ `. ,I- ~If-- ---~ IIII~\'xI - i BRYANT III L_-~ __ CC. LJL- ~~ \ ~~ rra_a%~ 1 \ J ' AL ORICH I1. I~~Ci ~~CL_ C(~p~. BI,y,~\ %$~~ii~1`~ o-/ LYNDALE AVE. ,.. -- _ ]C-~I~I --JI~~ ~" l l (r~ !- I, IL___.__ I C`.1C_7 C 7~ 1 C` ~. (-_._~ ~r~ II n /// II I I'I GARFIELD N i I J ]C- ,[~C__1 ~.._-1...~ ~SII ~~-\~/~CI HARRIET II~~I~ ~ -._ ~~~ -._ GRAND I ~~.._ ~ ~ I ~~.~1~- 7~~r~ ~i l,. L ~I - C ~C~~I I.. ~ ~LJ~.1 PLEASANT It~ I ` .1--. ] L V']C.7I_: _._._--'1lI~L.__- If ~L=-_-1I-_. I_ -_. _~C PtusauRr '~ ( _i-_ ~~1^ _I~r~~J r r ~I~_. ; ~ `= r WENTWORTH 11~1~ JI iL~C__~l ::. I <=P-- [ IL_.. ll- I 1 JL~ ~ 1~1 - ~C 1C _1[- 1 ~ _ r ~'~ I' ~~C--1 RL AISOELL I`I I - "-~ _-]~~C ~- ][ - IL ~ 7 I l ~~ _J NICOL LET 4VE { ~ II _ 'lC~~]C -.I [.... - ~_--_ I- Ir:. [___~ ..I I_. IC --1 7C_JC- I~ •-;F -~C7L ~. ~i` 7 I ___, 1C ;C_~ STEVENS li I] -_ _ C-7f 71-I~ ~~ ~~I • -. ~C __.~000~IC~ ._.__- [. _ m 200 ~ ` ---; ll_-1C1~-1C~C~C_-!: iC ---I[ C lC~ _ _, _ m OLIN 70N '1 ~I. t' ~~ ~C]CC. I~_~L~L j11~._.C _ r,it ~~ Il.~[ i 4tH ''. _ I~ i CC~ 1[-_ ~C :~[: _-CJI-J[ ~?~ % C ..... , _ - r-- I a.. ~ y sln 'I;t 1 '~ 1~ _ ~ r~_7 r~,T7[ X1(1 1[~.~I _. 1[ t_ r ~_ PORTLAND AVE. la ~.L! t. __ I .Ir. ~C-1C`-._NJ_ II ~_lt -_i' - I~.Gi -. l_.. .. ~I _ n OAKLAND ~~Ill r _- I - _ _ ~-- iL-l¢ _ ~I, Ir _Ir ~[__ 1[ - 7r 1[ 1[ .Im 1k~-1f _ I ] N PARK ,~~I (~ ll._ D COLU M9US r. _ - Ir --. [ ~r _ L I Il -- I[ ..II,A,' ,I~l III [ _..:1[ ][~__ ir__._. r 1C l~ . ,I I(D ,aCIC _ > CHICAGO I'iIL I z ELLIDT I;I[ l --1~ -1[ I[ -_ [ I[ lr _l~ _'~~ '~- lC m z m II to I~y ir_-,~C-1[_ ~[-- [- . IC l~ .'; l 'n~ 7C = \ 12tH (~t iC ___l~ 1r IC_-_ It_: 1f- l l ~s, Ir _'i_ -1C-:1C _I : , I 131n ~,I, ~r._._7[ _-.1C. ~~:.. .... I[ ~[ _i[ ~:-I(-- 1[ ~-.11 91[i. 11 _.l( 14tH ~ 11_ l-_ 11 l[ . I[ .]`. 19 to ~, , IC _.._~[ _I[ I( _ . ~. Il ~. IC.. -. ~[ -1[ _ 11 I~ "I a.j~ BLOOMING TON - - -~ -- I I ~ '-""' I f - - ( I • IGtn ~„ ~ -~ ~ ,r I_._.__7r.:__IL _`<',I[ 1' - -1[ __l[ 1f, 1[ 1f-- 1,tn ~ , -- I -I CEDAR 1AVE ~~ `-" I __~ ~. I :. it _ I( -`` I~._ I~ _ 11 _ I I II _~[ r LOHGFE LLOW - _ - ~._-. -~ -j-~-..- ~I I. TH -7T__ _ jl_: I I~(Il ~L . ~U m o '_. RZZ1 Tt 1 N N y NNI -i Ni -1 I. ~_-I Z=i II 11 ii __' ~j ~ .~ a I I I__ lr ;r Z m T I 8 30 ~ I' ( N Z ~ a 0 N N ti O G N = o = ~ yF --- h,l XERXES AVE. -~- I~Ii WASHBURN III; VINCENT ---- I UPTON -- ~ I THOMAS -~~--=j~l SHERIDAN "~_- ~I ~I RUSSELL (II (III QUEEN -~„I~ PENN AVE. ~~ I ~II OLIVER -~ --~- NEWTON ]C MORGAN ~r --~- I LOGAN KNOX ~~ „ { JAMES ~~' ~ IRVING HUMBOLDT ~`-' ~ II GIRARD ~~nl I. --r--- FREMONT ~ I EMERSON t~, II OUPONT m C ~ /~~ ~~~ I ~~ COLFAX ill II\'II BRYANT Z ~~ II ALDRICH v I III I ~, LYNDALE AVE. RI [_~~II GARFIELD ~ Q ~I~illl ~~I I ~ GRAND T I r ~k'~ PLEASANT III-~II III PILLSBURY L~ O~ " I I ~ WENTWORTH ~ m II BLAISOELL O ~ "1~ NICOLLET AVE. ~ n ~, I ~, D D STEVENS ~~ 2nd fn ~~-,,i~ 3rd m -" ~ 1II~ CLINTON ' li 41n N ._. .I:; Sth m j-:r- Ii.I PORTLAND 4VE. t~~.l OAKLAND I PARK ;' COLUMBUS CHICAGO ]', ELLIOT I to to ~; :~ II to ' 111 Izrn ~C-..1 13 th ~I-- latn J[ _._~_ 15 to n - f BLOOMINGTON J....-`~ 16 to > ITtn 18 to -~_ ~ CEDAR AVE. 1 -I LONGFEL LOW 19 to 20tH I 21 St 22nd - STANDISM 23 rd m m o ~ ~ • APPENDIX B PROPERTY LOCATED IN TAX INCREMENT FINANCING DISTRICT "A-1" ORIGINAL NET PIN NUMBER ADDRESS TAX CAPACITY* 26-028-24-11-0024 6351 Bloomington Ave. So. $ 547 26-028-24-12-0083 6332 - 15th Ave. So. $ 1,.506 26-028-24-12-0087 . 6349 - 14th Ave. So. $ 1.,458 26-028-24-12-0114 6325 - 15th Ave. So. $ 1.,611 26-028-24-13-0046 6425 - 15th Ave. So. $ 1,347 26-028-24-13-0047 6415 - 15th Ave. So. $ 520 26-028-24-13-0049.. 6407 - 15th Ave. So. $ 541 26-028-24-13-0051 6400 - 15th Ave. So. $ 513 26-D28-24-13-0079 6518 - 15th Ave. So. $ 1,362 26-028-24-13-0102 6538 Bloomington Ave. So. $ 501 26-028-24-13-0115 6501 - 15th Ave. So. $ 444 26-028-24-14-0096 6401 Bloomington Ave. So. $ 466 26-028-24-14-0116 6507 Bloomington Ave. So. $ 541 27-028-24-42-0068 6612 - 2nd Ave. So. $ 519 33-028-24-42-0014 7435 Emerson Ave. So. $ 469 34-028-24-11-0079 7039 - 5th Ave. So. $ 528 34-028-24-12-0085 7129 - 1st Ave. So. $ 1,602 34-028-24-13-0094 7216 - 1st Ave. So. $ 1,584 34-028-24-14-0041 7320 - 5th Ave. So. ~ 1,671 Total $ 17,730 *Original Net Tax Capacity for taxes. payable in 1990. -27- APPENDIX C ESTIMATE OF TAX. INCREMENTS FOR TAX INCREMENT FINANCING DISTRICT "A-1" A. VALUE OF NEW CONSTRUCTION Construction Cost (Land & Bldg) x Sales Ratio Estimated Market Value B. TAX INCREMENT VALUE Estimated Market Value x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) ....... RANGE ....... Per Home Per Home $110,000 $140,000 92.00 92.00$ --------- --------- $101,200 5128,800 $101,200 1.OOg $68,000 $ 680 2.00$ $32,000 640 3.00$ Balance 36 New Tax Capacity $ 1,356 - Original Net Tax Capacity (Avg.) (507) Captured Net Tax Capacity. $ 849 x Tax Capacity Rate (1990) 102.964$ Annual Tax Increment $ 874 x 19 Homes $ 16,609 C. ESTIMATE OF NET AD VALOREM PROPERTY TAXES Estimated Market Value $ 101,200 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ $68,000 $ 680 2.00$ $32,000 $ 640 3.00$ Balance $ 36 New Tax Capacity $ 1,356 x Tax Capacity Rate 102.964$ Net Ad Valorem Taxes (per home) $ 1,396 x 19 Homes $ 26,528 $128,800 $ 680 640 864 $ 2,184 ----(507) $ 1, 677 102.964$ $ 1,727 $ 32,807 $128,800 $ 680 $ -640 $ 864 $ 2,184 102.964$ $ 2,249 $ 42,726 • • • -28- APPENDIX D BUDGET TAX INCREMENT FINANCING DISTRICT "A-1" Property Acquisition (Incl. Appraisals) $ 1,009,393 Demolition/Site Clearance $ 114,950 Legal Expenses $ 16,326 TOTAL GROSS EXPENDITURE $ 1,140,669 • • -29- APPENDIX E ESTIMATE OF IMPACTS ON OTHER TAXING JURISDICTIONS TAX INCREMENT FINANCING DISTRICT "A-1" The impact of the use of tax increment tax dollars for project costs is estimated in Table I for each taxing jurisdiction. This estimate is based on development activities discussed in this plan. The figures do not include possible tax increments derived from changes in tax capacity rates, tax capacity ratios, or inflation factors. TABLE I TIF DIST. TIF DIST. MOST RECENT ORIGINAL WITHIN TAX CAPACITY NET TAX TAXING (TAXES 1990) CAPACITY JURISDICTION TAXING JURISDICTION City of Richfield $ 23,421,750 $ 17,730 0.0757$ Hennepin County 1,034,463,652 17,730 0.0017$ School Distr. #280 33,115,397 17,730 0.0535$ Vo-Tech. School 661,852,490 17,730 0.0027$ Water Shed #3 .270,526,740 17,730 0.0066$ Miscellaneous: Met Council* $1,034,298,323 $ 17,730 0.0017$ Regional Transit Bd. 1,034,298,323 17,730 0.0017$ Mosquito Control 1,011,958,476 17,730 0.0018$ Hennepin Parks 704,425,509 17,730 O.D025$ Regional Railroad 1,034,463,652 17,730 0.0017$ Park Museum 1,034,463,652 17,730 0.0017$ *Portion within Hennepin County only. Considering all of the taxing jurisdictions, it can be seen from Table I above that the city, school, and county districts will retain 99$ of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total tax capacity rate (taxes payable in 1990) levied by each taxing jurisdiction to the projected captured tax capacity resulting from the new program -30- reveals the annual use of tax dollars for project costs as it • affects each taxing. jurisdiction., Based on the analysis in Appendix C, Estimate of Tax Increment, Table II represents the amount of increment which is attributed to each taxing body. TABLE II ..............RANGE MINIMUM............... $ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 3,316 Hennepin County 27.916 27.1 4,503 School Distr. #280 47.638 46.2 7,685 Vo-Tech. School 1.103 1.1 178 Water Shed #3 0.120 0.1 19 Miscellaneous** 5.631 5.5 908 • Total 102.964$ 100.0$ $16,609 ..............RANGE MAXIMUM............--- $ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 6,550 Hennepin County 27.916 27.1 8,895 School Distr. #280 47.638 46.2 15,179 Vo-Tech. School 1.103 1.1 351 Water Shed #3 0.120 0.1 38 Miscellaneous** 5.631 5.5 1,794 Total 102.964$ 100.0$ $32,807 The tax increments derived from prospective development in. the tax increment district would not be available to any of the taxing jurisdictions were it not for public intervention by the HRA. The increase in tax capacity value due to development will be delayed for application to the tax capacity rate levy for the duration of the tax increment district. This new tax capacity value could eventually permit a levy decrease. If it could be • assumed that the captured tax capacity was available for each taxing jurisdiction, the use of tax dollars for project costs -31- represented as tax increments may be determined. This determination is facilitated by estimating how much the levy for property outside of the tax increment district would have to be adjusted to compensate for the temporary use of new development tax dollars in each taxing jurisdiction. Table III represents the additional tax capacity rate that would be required to be levied by each taxing jurisdiction to compensate for the use of the project's tax increment tax dollars for project costs. TABLE III .........:.. .MINIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,404,020 0.142 $ 3,316 .Hennepin County 1,034,445,922 0.004 4,503 • School Distr. #280 33,097,667 0.232 7,685 Vo-Tech. School 661,834,760 0.000 178 Water Shed #3 270,509,010 0.000 19 Miscellaneous** 1,034,445,922 0.001 908 ..............MAXIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,404,020 0.280 $ 6,550 Hennepin County 1,034,445,922 0.009 8,895 School Distr. #280 33,097,667. 0.459 15,179 Vo-Tech. School 661,834,760 0.001 351 Water Shed #3 270,509,010 0.000 38 Miscellaneous** 1,034,445,922 0.002 1,794 *Tax increment district tax capacity value subtracted from taxing jurisdiction tax capacity. **Miscellaneous value based on Hennepin County tax capacity. • -32- • The Housing and Redevelopment Authority in and for The City of Richfield, Minnesota Redevelopment Plan for Redevelopment Project Area "B" and Tax /ncrement Financing Plan for Tax Increment Redevelopment District "B-1 " of the Expanded New Home -Scattered Site Housing Program Dated: July 16, 1990 • TABLE OF CONTENTS Part 1. Redevelopment Plan for Redevelopment Project Area "B" PAGE A. Statement of Public Purpose 33 B. Statutory Authority 33 C. Description of Redevelopment Project Area. 34 D. Statement of Goals and Objectives 35 E. Development Activities and Agreements 36 F. Proposed Land Use 38 G. Acquisition and Relocation Activities 38 H. Environmental Considerations 39 I. Redevelopment Plan Modification. 39 J. Administration of Redevelopment Project 39 Part ll. Tax Increment Financing Plan for Tax Increment Redevelopment District "B-1 " A. Statutory Authority 41 B. Statement of Objectives 41 C. Development Program 41 D. Description of Property in the Tax Increment Financing District 42 E. Classification of the Tax Increment Financing District 42 F. Parcels In Acquisition 44 G. Estimate of Costs 44 H. Estimated Amount of Obligated Funds. 44 (iii) I. Sources of Revenue 44 J. Original Tax Capacity 45 K. Estimated Captured Tax Capacity 45 L. Duration of the District 45 M. Estimated Impact on Other Taxing Jurisdictions. 45 N. Modifications of the Tax Increment Financing District 46 O. Limitation on Administrative Expenses 46 P. Limitation on Duration of Tax Increment Financing Districts 46 Q. Limitation on Qualification of Property in Increment District not Subject to Improvement. 46 R. Limitation of the Use of Tax Increment 47 S. Notification of Prior Planned Improvements 47 T. Excess Tax Increments 48 U. Restrictions on Pooling; Five-Year Limit. 48 V. Assessment Agreements 50 W. Administration of the Tax Increment Financing District and Maintenance of the Tax Increment Account 50 X. Annual Disclosure Requirements. 51 Y. Assumptions 51 Z. Municipal Findings 51 Appendix A: Map: Redevelopment Project Area "B". 57 Appendix B: Property in the Tax Increment Redevelopment District "8-1" 59 Appendix C: Estimate of Tax Increments . 60 Appendix D: Tax Increment Financing Budget. 61 Appendix E: Estimate of Impacts on Other Taxing Jurisdictions 62 (iv) Part 1. Redevelopment Plan ' for Redevelopment Project Area "B" A. Statement of Public Purpose It is found that there is not in this city a sufficient supply of adequate safe and sanitary dwelling accommodations; that in certain areas thereof there exist substandard conditions, unsafe and unsanitary housing and buildings and structures used or intended to be used for living; which by reason of sociological and technological changes, dilapidation, obsolescence, overcrowding, and faulty arrangement or design of building and improvements, lack of public facilities, ventilation, light and sanitary facilities, or deleterious land use, or obsolete layout, or any combination of these and other factors are injurious to the health, safety, morals and welfare of the citizens of this state; cause an increase and spread of crime, juvenile delinquency and disease, inflict blight upon the economic value of large areas; threaten the source of public revenues while decentralizing communities to areas improperly planned and not related to public facilities; and require many citizens to occupy unsafe, unsanitary and overcrowded dwellings. Therefore, in order to respond to public interest and protect . the overall economic stability of the housing area, redevlopment of neighborhoods is required to create an economic environment which fosters the growth of a healthy residential base and encourages private enterprise to engage in redevelopment and new construction to be implemented in accordance with a comprehensive community plan. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) and the City Council of the City of Richfield, Minnesota (City) have determined that public intervention is necessary in Redevelopment Project Area "A" (Project Area "B") of the Expanded New Home - Scattered Site Housing Program (Housing Program) in order to achieve goals and objectives for the area. B. Statutory Authority The statutory authority for the undertaking of a redevelopment project in Project Area "B" and the activities proposed in the redevelopment plan relating thereto is conferred upon the HRA pursuant to and in accordance with the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001 to 469.047, inclusive, as amended. Specifically, Minn. Stat., Sec. 469.027 establishes the requirements for redevelopment plan preparation by an HRA prior to undertaking property acquisition, redevelopment, development and other related improvements. -33- C. Description of the Redevelopment Project Area • In order to guide development and redevelopment in Project Area "B", the HRA has created this redevelopment plan. Pursuant to Minn. Stat., Sec. 469.002, subd. 12, the proposed project meets the definition of a redevelopment project, defined in Minn. Stat., Sec. 469.002, subd. 14, and will henceforth, be referred to as the redevelopment project. The boundary for Project Area "B" encompasses all that real property within an area described as follows: Beginning at the intersection of the southerly right-of-way line of State Highway, No. 62 and the easterly right-of-way line of Oliver Avenue South, thence in a line easterly more or less, along said southerly right-of-way line to its intersection with the westerly right-of-way line of Lyndale Avenue South. Thence, southerly along said westerly right- of-way line to its intersection with the southerly right- of-way line of West 63rd Street. Thence, westerly along said southerly right-of-way line to its intersection with the westerly right-of-way line of Aldrich Avenue South. Thence, southerly along said westerly right-of-way line to it intersection with the southerly property line of Lot 4, Block, 2, Ray's Lynnhurst Second Addition. Thence, westerly along said southerly property line, as extended to its intersection with the easterly property line of Lot 9, • Block 2, Ray's Lynnhurst Second Addition. Thence, southerly along said easterly property line, as extended, to its intersection with the southerly property line of Lot 5, Block 2, Ray's Lynnhurst Second Addition. Thence, westerly along said southerly property line, as extended, to its intersection with the southerly right-of-way line of Mildred Drive. Thence, westerly more or less, along said southerly right-of-way line to its intersection with the easterly right-of-way line of Emerson Avenue South. Thence, southerly along said easterly right-of-way line to its intersection with the northerly property line of Lot A, Silverwood Second Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the easterly property line of Lot A, Silverwood Second Addition. Thence, southerly along said easterly property line, as extended, to its intersection with the southerly right-of-way. line of West 66th Street.. Thence, westerly along said southerly right-of-way line to its intersection with the westerly right-of-way line of Humboldt Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of West 69th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Irving Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the southerly right-of-way line of West 72nd Street. Thence, easterly along said southerly right- of-way line to its intersection with the westerly right-of- -34- way line of Humboldt Avenue South. Thence, southerly along said westerly right-of-way-line to its intersection with the northerly right-of-way line of West 73rd Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Penn Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of West 74th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Sheridan Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of West 76th Street. Thence, westerly along said northerly right-of-way line to its intersection with the easterly right-of-way line of Xerxes Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West 66th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly right-of- way line of Russell Avenue South. Thence, southerly along said easterly right-of-way line to its intersection with the northerly property line of Lot 23, Block 2, Tingdale Brothers Lincoln Hills. Thence, easterly along said northerly property line, as extended, to its intersection with the easterly property line of Lot 23, Block 2, Tingdale Brothers Lincoln Hills. Thence, southerly along said easterly property line, as extended, to it intersection with the southerly right-of-way line of West 67th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly property line of Lot 24, Block 16, Tingdale Brothers Lincoln Hills. Thence, southerly along said easterly property line, as extended, to its intersection with the northerly right-of- way line of West 69th Street. Thence, easterly along said northerly right-of-way line to its intersection with the easterly right-of-way line of Penn Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West 68th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly right-of- way line of Oliver Avenue South. Thence, northerly more of less, along said easterly right-of-way line, as extended, to the point of beginning. (Also refer to Appendix A, Map: Project Area "B" D. Statement of Goals and Objectives The HRA determines that it is necessary, desirable, and in the public interest to undertake a redevelopment project in the City pursuant to the provisions of Minn. Stat., Chapter 469, as amended. The HRA determines that the funding of the necessary activities and improvements in the redevelopment project area shall be accomplished through the use of tax increment financing and other revenue sources available to the HRA and City. -35- The following goals and objectives are intended to serve as a basis for guiding activities in the redevelopment project area: 1. To develop strategies to encourage development and redevelopment of single family homes. 2. To maintain a positive environment within the residential community. 3. To enrich the quality of life for residents through planning. 4. To recognize the needs of all segments of the populace through diversity in housing stock which is a major determinant of the living environment. 5. To achieve a high level of design quality to enhance the physical environment. 6. To achieve a balanced variety of housing stock appropriate to the market area. 7. To enhance the residential tax base of the community. 8. To protect the surrounding residences from the adverse effects of dilapidation and deterioration. 9. To eliminate unsightly, blighting, deteriorated, and substandard structures. 10. To provide an expanded range of housing opportunities of sufficient quality and size through development, redevelopment and new consttruction. 11. To provide maximum opportunity, consistent with the needs of the city for development by private enterprise. 12. To coordinate elements of the City's Comprehensive Plan with these project objectives. E. Development Activities and Agreements The objectives of this redevelopment plan will be accomplished pursuant to the authority granted to the HRA by the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001, et secx. The following activities are appropriate for the area. Description of Anticinated__Public Development Activities The anticipated public development activities in the redevelopment project area to be undertaken by the HRA and City -36- in order to support the private development activities include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. Remedial site environmental activities; and 5. Adjacent public improvements and utilities which service site. Description of Anticipated Private Development Activities The private development activities within the project area which are anticipated to occur include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. Any and all proposals for development and redevelopment will be reviewed by. the HRA and City, when appropriate, to determine conformance with the redevelopment plan and applicable municipal ordinances and codes. Property acquired by the HRA will be subject to a contract for sale to the developer. The general requirements to be imposed upon the developer by the contract for sale are: 1. To redevelop the property purchased in accordance with this redevelopment plan; 2. To commence and complete the construction of improvements on the property within specified periods of time; 3. Not to resell the property before improvements are made without the prior consent of the HRA; and 4. Not to discriminate on the basis of age, race, color, sex, creed, or national origin on the sale, lease, transfer, or occupancy of the property purchased from the HRA. -37- F. Proposed Land Use The current land uses in the redevelopment project area include the following: - Single family residential; - Apartment; - Duplex; - Commercial; - Parks; - Vacant; and - Quasi-public (e.g. churches, cemetery, nursing homes, private schools, and service organizations). New uses will be restricted to single family residential. G. Acquisition and Relocation Activities 1. Acquisition As a means of comprehensively formulating an expanded New Home Program, HRA staff recently undertook the following tasks to identify property for acquisition: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. The following property has been identified for acquisition for Cycle I of the program: PID NUMBER 28-028-24-11-0041 28-028-24-11-0067 28-028-24-12-0046 28-028-24-22-0079 28-028-24-24-0046 28-028-24-34-0052 ADDRESS 6300 Aldrich Ave. So. 6315 Dupont Ave. So. 6321 Humboldt Ave. So. 6313 Morgan Ave. So. 6424 James Ave. So. 6813 Logan Ave. So. -38- L' • • 33-028-24-21-0078 7145 James Ave. So. 33-028-24-24-0071 7210 James Ave. So. 2. Relocation The HRA accepts as binding its obligations under provisions of federal and state law (Minn. Stat., Sec. 117.50 through 117.56) for relocation. H. Environmental Considerations Generally, the redevelopment project area is developed. All proposed public and private development resulting from this plan will be evaluated against existing environmental regulations. I. Redevelopment Plan Modification All redevelopment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.029, subd. 6. J. Administration of Redevelopment Project The redevelopment project and related housing program will be administered by the Richfield Housing and Redevelopment Authority. • • -39- (Intentionally Left Blank) • -40- Part II. Tax Increment Financing Plan for Tax Increment Redevelopment District "B-1" A. Statutory Authority The statutory authority for the undertaking of a tax increment financing district (TIF District "B-1") in Redevelopment Project Area "B" (Project Area "B") for the Expanded New Home - Scattered Site Housing Program (Housing Program) and the activities proposed in the tax increment plan relating thereto is conferred upon the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), pursuant to and in accordance with the Tax Increment Financing Act, Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended. B, Statement of Objectives The HRA and the City seek to achieve the goals and objectives set forth in Part I of the Redevelopment Plan. C. Development Program 1. Description of Development Activities On January 16, 1990, the HRA adopted a motion directing staff to proceed with the formulation of an expanded New Home Program. In order to gauge interest in the new program and initially identify residential property for program participation, the following tasks were undertaken: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. A comprehensive, integrated approach for acquisition, site clearance, and new construction has been formulated and will be provided through program guidelines. The HRA will assist prospective developers with development, redevelopment, new construction, and other related activities within the context of this Plan, the Redevelopment Plan and other related guidelines. -41- 2. Development Activities Covered by Contract Currently, there are no development contracts. 3. Other Development Not Under Contract Reasonably Expected to Occur in the Project. Proposals from prospective developers will be required to be submitted to the HRA as part of the review process. The following activities may be expected to occur: 1. Property Acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. For Cycle I of the Housing Program, a total of 27 properties have been identified for program participation and acquisition. Nineteen of the properties are located within Redevelopment Project Area "A" while the remaining eight are within Redevelopment Project Area "B". (Refer to Appendix A for map of Redevelopment Project Areas.) Redevelopment Project Area B contains two properties with double lots. With property subdivisions, two additional homes will be constructed. Initial construction for Cycle I is anticipated to begin toward the end of the last quarter of calendar year 1990, with construction for each home to run approximately 120 days. Timing of construction is contingent upon favorable market conditions, reasonable time period for processing applications and availability of funding revenue. D. Description of Property in the Tax Increment Financing District Property located within TIF District "B-1" is identified in Appendix B. E. Classification of the Tax Increment Financing District The Richfield HRA and City Council, in determining the need for a tax increment financing district in accordance with Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended, find that the district to be established within Project Area "B" is a -42- redevelopment tax increment financing district as defined in Minn. Stat., Sec. 469.174, subd. 10: It has been ascertained that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. ""Structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. If the evidence supports a reasonable .conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent expert appraisal of the cast of repair and rehabilitation of the building." Since the tax increment parcels within the scattered site program are non-contiguous, each parcel has been examined by staff against the statutory definitions of structurally substandard and other blight definitions. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. • -43- F. Parcels in Acquisition The following property has been identified for acquisition:. PIN NUMBER ADDRESS 28-028-24-i1-0041 6300 Aldrich Ave. So. 28-028-24-11-0067 6315 Dupont Ave. So. 28-028-24-12-0046 6321 Humboldt Ave. So. 28-028-24-22-0079 6313 Morgan Ave. So. 28-028-24-24-0046 6424 James Ave. So. 28-028-24-34-0052 6813 Logan Ave. So. 33-028-24-21-0078 7145 James Ave. So. 33-028-24-24-0071 7210 James Ave. So. The tax increment district budget includes acquisition costs for subsidy purposes which will be offered to developers as development incentives. G. Estimate of Costs The estimate of public costs associated with the tax increment district are outlined in the budget listed in Appendix D. H. Estimated Amount of Obligated Funds At the current time, approximately $1 million is available to implement this program. Repayment of these funds will be through the use of tax increment financing and other sources of revenue available to the HRA and City. An estimate of the amount of bonded indebtedness for redevelopment is expected to be $0. The term of the issues is 0 years including 0 years of capitalized interest with an anticipated taxable interest rate of 0~. The amount of capitalized interest is estimated to be $0. I. Sources of Revenue The primary source of revenue to be used to finance public costs associated with proposed developments in the redevelopment project area is tax increment. In addition to the tax increment revenue, other sources of revenue potentially available to the HRA and City may be utilized. -44- J. Original Tax Capacity Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Sec. 469.177, subd. 1, the Original Net Tax Capacity (OTC) for TIF District "B-1" is based on the January 2, 1990 assessed value placed on the property by the county assessor. The OTC for the district is $6,415. (See Appendix B, Property Located in Tax Increment Financing District "B-1".) Each year the office of the county auditor will measure the amount of increase or decrease in the total net tax capacity of the tax increment district to calculate the tax increment payable to the redevelopment district fund. In any year in which there is an increase in total net tax capacity in the tax increment district above the original net tax capacity, a tax increment will be payable. In any year in which the total net tax capacity in the tax increment district declines below the original net tax capacity, no tax capacity will be captured and no tax increment will be payable. The county auditor shall certify in each year after the date the original net tax capacity was certified, the amount the OTC has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; or • 3. Change due to stipulations, adjustments, negotiated or court-ordered abatements. K. Estimated Captured Tax Capacity Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Minn. Stat., Sec. 469.177, subd. 2, the estimated captured net tax capacity (CTC) of the tax increment district is within a range of $931 to $1,759 per home. The total CTC for ten new homes within the project area ranges from $9,310 to $17,590. As a result of the improvements to be constructed, it is expected that the estimated captured net tax capacity will be available for the housing program. It is also anticipated that this amount will be captured not more than 25 years. (See Appendix C, Estimate of Tax Increments). L. Duration of the District Pursuant to Minn. Stat., Sect. 469.176, subd. 1, the maximum duration of a redevelopment tax increment district is 25 years. The HRA elects to capture 100$ of the tax increments for the duration of the district. M. Estimated Impact on Other Taxing Jurisdictions Refer to Appendix E, Estimate of Impacts on Other Taxing Jurisdictions. -45- N. Modifications of the Tax Increment Financing District All tax increment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.175, subd. 4. The modifications pertaining to the necessary processing include any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination of capitalized interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the HRA; increase in total estimated tax increment expenditures or designation of additional property to be acquired by the HRA shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the County Auditor. 0. Limitation on Administrative Expenses In accordance with Minn. Stat., Sec. 469.174, subd. 14, and Minn. Stat., Sec. 469.176, subd.. 3, for districts for which certification was requested after June 30, 1982, no tax increment shall be used to pay any administrative expenses for a project which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. P. Limitation on Duration of Tax Increment Financing Districts Pursuant to Minn. Stat., Sec. 469.176, subd. 1, the HRA must issue bonds, or acquire property, or construct or cause public improvements to be constructed within three years of the date of certification of the tax increment district by the county auditor. Q. Limitation on Qualification of Property in Tax Increment District Not Subject to Improvement Pursuant to Minn. Stat., Sec. 469.176, subdivision 6, "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district..., no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the HRA or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel -46- shall be excluded from the original net tax capacity. of the tax • increment financing district.-,; If the HRA or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the HRA shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district." • • R. Limitation on the Use of Tax Increment All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public redevelopment costs pursuant to Minn. Stat., 469.001 to 469.047, inclusive, as amended. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality. This provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. Pursuant to Minn. Stat., Sec. 469.176, subd. 4j, at least 90 percent of the revenues derived from tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of a redevelopment district under section 469.174. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. S. Notification of Prior Planned Improvements Pursuant to Minn. Stat., Sec. 469.177, subd. 4, the HRA will review and search property files for properties to be included in the tax increment district and to identify those properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. -47- T. Excess Tax Increments ~ • Pursuant to Minn. Stat., Sec. 469.176, subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat., Sec. 475.61, subd. 3, the HRA shall use the excess amount to: 1. Prepay the outstanding bonds; 2. Discharge the pledge of tax increment therefor; 3. Pay into an escrow account dedicated to the payment of such bond; 4. Repay any loans including interest on these loans; or 5. Return the excess to the county auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rates. The amounts distributed to a city or county must be deducted from the levy limits of the governmental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government air payment. For the purpose of this tax increment financing plan, excess tax increment means that increment received in any year which is in addition to the amount needed to satisfy the HRA's current financial obligations or commitments, as specified in the tax. increment financing budget listed in Appendix D, or which is in addition to that which is placed in a separate account for the purpose of accumulating funds needed to satisfy those financial obligations or commitments in the future. U. Restrictions on Pooling; Five-Year Limit In accordance with Minn. Stat., Sec. 469.1763, the following terms have the meanings given: "Activities" means acquisition of property, clearing land, site preparation, soils correction, removal of hazardous waster or pollution, installation of utilities, construction of public or private improvements, and other similar activities, but only to the extent that tax increment revenues may be spent for such purposes under other law. Activities do not .include allocated administrative expenses, but do include engineering, architectural, and similar costs of the improvements in the district. "Third party" means an entity other than (1) the person receiving the benefit of assistance financed with tax increments, -48- • or (2) the municipality or the development authority or other person substantially under the control of the municipality. Pursuant to Minn. Stat., Sec. 469.1763, subd. 2 with respect to expenditures outside the district: (a) For each tax increment financing district, an amount equal to at least 75 percent of the revenue derived from tax' increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities in the district or to :pay, or secure payment of, debt service on credit. enhanced bonds. Not more than 25 percent of the revenue derived from tax increments paid by properties in the district may be expended, through a development fund or otherwise, on activities outside of the district but within the defined .geographic area of the project except to pay, or secure payment of, debt service on credit enhanced bonds. The revenue derived from tax increments for the district that are expended on costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district. Pursuant to Minn. Stat., Sec. 469.173, subd. 3 with respect to the five-year rule: (a) Revenues derived from tax increments are considered to have been expended on an activity within the district under subdivision 2 only if one of the following occurs: (1) before or within five years after certification of the district, the revenues are actually paid to a third party with respect to the activity; (2) bonds, the proceeds of which must be used to finance the activity, are issued and sold to a third party before or within five years after certification and the revenues are spent to repay the bonds; (3) binding contracts with a third party are entered into for performance of the activity before or within five years after certification of the district and the revenues are spent under the contractual obligation; or (4) costs with respect to the activity are paid before or within five years after certification of the district and the revenues are spent to reimburse a party for payment of the costs. -49- (b) For purposes of this subdivision, bonds include subsequent refunding bonds if one of two tests is met: (1) the proceeds of the original refunded bonds were spent on activities within five years after the district was certified or (2) the original refunded bonds are issued within five years after the district was certified and the proceeds are expended on activities within a reasonable temporary period within the meaning of the use of that term under section 148(c)(1) of the Internal Revenue Code. Pursuant to Minn. Stat., Sec. 469.173, subd. 4 with respect to use of revenues for decertification: Beginning with the sixth year following certification of the district, 75 percent of the revenues derived from tax increments paid by properties in the district that remain after the expenditures permitted under subdivision 3 must be used only to pay outstanding bonds, as defined in subdivision 3, paragraph (a), clause (2), and paragraph (b) or contracts, as defined in subdivision 3, paragraph (a), clauses (3) and (4). When the outstanding bonds have been defeased and when sufficient money has been set aside to pay contractual obligations as defined in subdivision 3, paragraph (a), clauses (3) and (4), the district must be decertified and the pledge of tax increment discharged. V. Assessment Agreements Pursuant to Minn. Stat., Sec. 469.177, subd. 8, the HRA may enter into an agreement in recordable form with the developer of property within the tax increment district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. W. Administration of the Tax Increment District and Maintenance of the Tax Increment Account Administration of the tax increment district will be the responsibility of the Richfield Housing and Redevelopment Authority. The tax increment received as a result of increases in the net tax capacity of the tax increment district will be maintained in a special account separate from all other HRA and municipal accounts and expended only upon sanctioned activities identified in the tax increment financing plan. -50- • X. Annual Disclosure Requirements. Pursuant to Minn. Stat., Sec.. 469.175, subd. 6a, on or before March 1 of each year, the HRA must annually report to the commissioner of revenue the following: 1. Total principal amount of nondefeased tax increment financing bonds that are. outstanding at the end of the previous calendar year; and 2. Total annual amount of principal and interest payments that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. Also in accordance with this requirement the HRA must annually report to the commissioner of revenue the following amounts for the tax increment financing district: 1. Type of district; 2. Date on which the district is required to be decertified; 3. Captured net tax capacity of the district, by property class as specified by the commissioner of revenue, for taxes payable in the current calendar year; 4. Tax increment revenues for taxes payable in the current calendar year; 5. Whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or may be expended on activities located outside of the district, (ii) for deposit into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and 6. Any additional information that the commissioner of revenue may require. Y. Assumptions It was necessary to make certain assumptions regarding income, costs and timing of the tax increment financing district. These assumptions are based on discussions with the HRA, City, and County staff, and consultants. Z. Municipal Findings . Pursuant to Minn. Stat., Sec. 469.175, subd. 3, before or at the time of approval of the tax increment financing plan, the -51- municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination: 1. The Tax Increment Financing District is a redevelopment district pursuant to Minn. Stat., Sec. 469.174, subd. 10. It has been determined that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a .degree requiring substantial renovation or clearance. Specifically, staff has examined each parcel against the statutory definitions of structurally substandard and other blight definitions due to the non-contiguous nature of the tax increment parcels. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing .district meets the requirements of a redevelopment tax increment financing district. A detailed account of property-examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. 2. The proposed activities listed in this plan, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary since the proposed development requires certain necessary planning, property assembly and other improvements without which prospective developers could not construct the aforementioned improvements; and without the use of tax increments or other revenues authorized by this plan to with the financing of the activities, prospective developers would not proceed with redevelopment in the redevelopment project area. 3. The tax increment financing plan conforms to the general plan for the development of the City as a whole as it will result in an expanded New Home Program for the development, redevelopment, new construction and other related improvements of residential homes for which there is limited sources of revenue available. . -52- • 4. The tax increment .financing plan will afford maximum opportunity;°'consistent with the sound needs of the City as a whole, for the development by private enterprise as it will enable the HRA to provide the necessary redevelopment for the project area and City, as a whole, in a planning manner suitable to both the public and private sectors. • -53- (Intentionally Left Blank) n 1~ • -54- • APPENDICES EXPANDED NEW HOME -SCATTERED SITE HOUSING PROGRAM REDEVELOPMENT PROJECT AREA "B" AND TAX INCREMENT FINANCING DISTRICT "B-1 " • -55- (Intentionally Left Blank) • • -56- APPENDIX A MAP n • REDEVELOPMENT PROJECT AREA "B" -57- W F- N W W F a N W TO i W Z W Q z a X W Z N N N 1/~ N I v N Z ~ M Q yr ~ L I < 0+ ~ ~ I ~ Y) V> .O .D i V> V7 -- V7 F I 1i ~ 2 O ~-" ~ HSIONtl15 _~..~[~ _ JI ~ F x U 9 P~ZZ II '[ JI_ [1 ~ va lI I 2 V102 ~U.i~(-__I [.... ~ O L G G C C W Y161 (_I[ UL..-~ i.. lI ~ r r n rY'- ~ ~ m~ (-~1 _1[_ ~'~ Ill - MOll3dONOl - I I - _. ~I- II `.-_: _ _ - __ I' __ .. MO d 11 -. 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I 11 [ -- _J _ _ 11 I 1' ] I __- J 7 ~. ~I I ~ •~ HJlaalx 1NVAa8 XxdloJ 'I 1NOdna NOSa3w3 '~ LNOW3ad aaxalo loloewnH 4N1na1 1 53wxr 11 ~ XONM ii I i ~ Nx001 -~=-11 - _ Jj 1~~ NOl M3N _~( -~ j~~I a3nll0 _JI _J L_-~~ ~3AV NN3d -- - - L ~ _.__~I - ~ul N3300 L 11 ll3ssna ( -l~- ~~~ Ntl01a3HS J, I SvwO Hl - I ~ -u1~ NOldn II it I . ~ ~j _.._ JL_ -- L J \L 111 LN30NIn II i I ~ ~~ I[_.___ JL_ -_ j3.y `, NanBHSVM - -_~`~~" '3nv 53Xa3X r ~ ~ ~ ~ ~ ,o ~ r N ~ ~ N w ~ N o ,n In rn ,n rn w in ul In vl m x e Q e d e ~ ~ e e ~ ro ro r r n r n ~ rte- n 0_ r H71a01tl ~I 1NtlAae ~y m 0 2 to U_ Q N D l` Z W W 2 x • m a Q z W a 0 W W 0 W ^~ 0 s u APPENDIX B PROPERTY LOCATED IN TAX INCREMENT FINANCING DISTRICT "B-1" ORI GINAL NET PIN NUMBER ADDRESS TAX CAPACITY* 28-028-24-11-0041 6300 Aldrich Ave. So. $ -518 28-028-24-11-0067 6315 Dupont Ave. So. $ 511 28-028-24-12-0046 6321 Humboldt Ave. So. $ 1,443 28-028-24-22-0079 6313 Morgan Ave. So. S 459 28-028-24-24-0046 6424 James Ave. So. $ 524 28-028-24-34-0052 6813 Logan Ave. So. $ 666 33-028-24-21-0078 7145 James Ave. So. $ 1,800 33-028-24-24-0071 7210 James Ave. So. S 494 Total $ 6,415 *Original Net Tax Capacity for taxes payable in 1990. • -59- APPENDIX C ESTIMATE OF TAX INCREMENTS FOR TAX INCREMENT FINANCING DISTRICT "B-1" ....... RANGE ....... A. VALUE OF NEW CONSTRUCTION Per Home Per Home Construction Cost (Land & Bldg) $110,000 $140,000 x Sales Ratio 92.00$ 92.00$ --------- --------- Estimated Market Value $101,200 $128,800 B. TAX INCREMENT VALUE Estimated Market Value ~ $101,200 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ $68,000 $ 680 2.00$ $32,000 640 3.00$ Balance 36 New Tax Capacity $ 1,356 - Original Net Tax Capacity (Avg.) (425) - Captured Net Tax Capacity - $ --- 931 x Tax Capacity Rate (1990) 102.964$ Annual Tax Increment $ 959 x 10 Homes $ 9,586 C. ESTIMATE OF NET AD VALOREM PROPERTY TAXES Estimated Market Value $ 101,200 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ $68,000 $ 680 2.00$ $32,000 $ 640 3.00$ Balance $ 36 New Tax Capacity $ 1,356 x Tax Capacity Rate 102.964$ Net Ad Valorem Taxes (per home) $ 1,396 x l0 Homes $ 13,960 $128,800 $ 6.80 640 864 $ 2,184 -----(425) $ 1,759 102.964$ $ 1,811 $ 18,111 $128,800 $ 680 $ 640 $ 864 $ 2,184 102.964$ $ 2,249 $ 22,490 • • • -60- APPENDIX D BUDGET TAX INCREMENT FINANCING DISTRICT "B-1" Property Acquisition (Incl. Appraisals) $ 425,007 Demolition/Site Clearance $ 48,400 Legal Expenses $ 6,874 TOTAL GROSS EXPENDITURE $ 480,281 r~ C~ -61- APPENDIX E ESTIMATE OF IMPACTS ON OTHER TAXING JURISDICTIONS TAX INCREMENT FINANCING DISTRICT "B-1" The impact of the use of tax increment tax dollars for project costs is estimated in Table I for each taxing jurisdiction. This estimate is based on development activities discussed in this plan. The figures do not include possible tax increments derived from changes in tax capacity rates, tax capacity ratios, or inflation factors. TABLE I TIF DIST. TIF DIST. MOST RECENT ORIGINAL WITHIN TAX. CAPACITY NET TAX TAXING (TAXES 1990) CAPACITY JURISDICTION TAXING JURISDICTION City of Richfield $ 23,421,750 $ 6,415 0.0274$ Hennepin County 1,034,463,652 6,415 0.0006$ School Distr. #280 33,115,397 6,415 0.0194$ Vo-Tech. School 661,852,490 6,415 0.0010$ Water Shed #3 270,526,740 6,415 0.0024$ Miscellaneous: Met Council* $1,034,298,323 $ 6,415 0.0006$ Regional Transit Bd. 1,034,298,323 6,415 0.0006$ Mosquito Control 1,011,958,476 6,415 0.0006$ Hennepin Parks 704,425,509 6,415 0.0009$ Regional Railroad 1,034,463,652 6,415 0.0006$ Park Museum 1,034,463,652 6,415 0.0006$ *Portion within Hennepin County only. Considering all of the taxing jurisdictions, it can be seen from Table I above that the city, school, and county districts will retain 99$ of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total tax capacity rate (taxes payable in 1990) levied by each taxing jurisdiction to the projected captured tax capacity resulting from the new program -62- • reveals the annual use of tax dollars for project costs as it affects each taxing jurisdiction. Based on the analysis in Appendix C, Estimate of Tax Increment, Table II represents the amount of increment which is attributed to each taxing body. TABLE II ..............RANGE MINIMUM............... $ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION • TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 1,914 Hennepin County 27.916 27.1 2,599 School Distr. #280 47.638 46.2 4,435 Vo-Tech. School 1.103 1.1 103 Water Shed #3 0.120 0.1 11 Miscellaneous** 5.631 5.5 524 Total 102.964$ 100.0$ $ 9,586 ..............RANGE MAXIMUM............... $ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION • TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 3,616 Hennepin County 27.916 27.1 4,910 School Distr. #280 47.638 46.2 8,380 Vo-Tech. School 1.103 1.1 194 Water Shed #3 0.120 0.1 21 Miscellaneous** 5.631 5.5 990 Total 102.964$ 100.0$ $18,111 The tax increments derived from prospective development in the tax increment district would not be available to any of the taxing jurisdictions were it not for public intervention by the HRA. The increase in tax capacity value due to development will be delayed for application to the tax capacity rate levy for the duration of the tax increment district. This new tax capacity value could eventually permit a levy decrease. If it could be assumed that the captured tax capacity was available for each taxing jurisdiction, the use of tax dollars for project costs -63- represented as tax increments may be determined. This determination is facilitated by estimating how much the levy for property outside of the tax increment district would have to be adjusted to compensate for the temporary use of new development tax dollars in each taxing jurisdiction. Table III represents the additional tax capacity rate that would be required to be levied by each taxing jurisdiction to compensate for the use of the project's tax increment tax dollars for project costs. TABLE III ...............MINIMUM IMPACT .............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,415,335 0.082 $ 1,914 Hennepin County 1,034,457,237 0.003 2,599 School Distr.. #280 33,.108,982 0.134 4,435 Vo-Tech. School 661,846,075. 0.000 103 Water Shed #3 270,520,325 0.000 11 Miscellaneous** 1,034,457,237 0.001 524 ..............MAXIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,415,335 0.154 $ 3,616 Hennepin County 1,034,457,237 0.005 4,910 School Distr. #280 33,108,982 0.253 8,380 Vo-Tech. School 661,846,075 0.000 194 Water Shed #3 270,520,325 0.000 21 Miscellaneous** 1,034,457,237 0.001 990 *Tax increment district tax capacity value subtracted from taxing jurisdiction tax capacity. **Miscellaneous value based on Hennepin County tax capacity. • -64- HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 20 Agenda July 16, 1990 Issue Statement• Authorization to solicit bids for demolition of structures purchased through .the Expanded New Home Program (ENHP). Background• With the approval of the ENHP by the HRA and City Council, staff will initiate negotiations to purchase substandard property from .owners and initiate negotiations with developers to purchase that same property from the HRA. (Each. of these transactions will require specific authorization by the HRA before being consummated.) After sale of the property to a developer, the HRA will be responsible for demolition of structures.. The developer will be required to grant the HRA a license to enter the property to undertake the demolition. It is anticipated that approximately seven substandard properties could be purchased by mid-September. The acquisition of an additional 14 to 20 properties would follow shortly thereafter, through December, 1990. Initiating a bidding solicitation process at this time would allow sufficient time to identify a demolition contractor for properties to be purchased by mid-September. In addition, a demolition contractor would also be identified for the anticipated acquisitions required through December, 1990. Demolition contracts will be made contingent upon HRA acquisition of property. The bid documents would also reserve to the HRA, the right to reject any and all bids. Recommended Motion: Authorize staff to initiate a formal bidding process for the demolition of structures purchased through the Expanded New Home Program. Basis of Recommendation: 1. A formal bidding process is required as it is anticipated that demolition work for several properties will exceed a total of $15,000. 2. Formal bidding must be initiated in late July to ensure timely demolition and facilitate new construction by year end. 3. No demolition will occur if properties are not acquired by the HRA. 4. Homeowners are being notified that this bidding activity is occurring and that it does not mean the removal or threat of removal of their residence without a sale being completed. Discussion/Decision Mode: Formal bidding for demolition must be initiated in July to meet program construction goals in 1990. Bid award by the HRA is tentatively scheduled to occur at a special HRA meeting, September 10, 1990. Sy scheduling a special meeting, staff is attempting to assure that demolition can be initiated in September. Res ect ully ubmi ed, Stev Devich Acting Executive Director SLD:ds • RESOLUTION NO. RESOLUTION RELATING TO INITIATING FORMAL BIDDING FOR DEMOLITION OF STRUCTURES PURCHASED THROUGH THE EXPANDED NEW HOME PROGRAM WHEREAS, the Housing and Redevelopment Authority (HRA) in and for the City of Richfield will acquire substandard properties; and WHEREAS, demolition and site clearance will be required to prepare these properties for redevelopment; and WHEREAS, it is anticipated that the cost of demolition will exceed $15,000 and a formal bidding process is required. in this event.. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, that a formal bidding process for demolition be initiated. Passed by the Housing and Redevelopment Authority in and for the City of Richfield, this 16th day of 3uly, 1990. Thomas E. Harms, Chairperson ATTEST: Joan Helmberger, Secretary • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 15 Agenda June 18, 1990 Issue Statement: Authorization to transfer CDBG Year XV Economic Development Funds to the Technical College New Dome Program. Background• For Year XV, 510,000 was identified to establish a loan interest buy down program in the ILN. The concept was to identify pilot properties which needed exterior renovation and/or code violation work. The property owner would obtain a loan from a commercial lender. The CDBG funds would be used to buy down the interest on the loan to make it more affordable. This would be the beginning of a process to bring more visual unity to the retail area along Lyndale Avenue north of 77th Street. The need for such a program continues to exist. However, the appropriate time has not yet arrived. The priorities in the ILN should be the following: a} Redevelopment of the area south of 77th Street by Robert Larsen Partners; b) The installation of a parking lot on the west side of Lyndale Avenue between 77th and 76th Streets. (The 1985 Plan approved by the HRA and City Council identifies the need for such a parking facility); c) Facade treatment and rehabilitation program in the Lyndale Avenue retail area north of 77th Street. Business people have indicated they think the creation of a parking lot should be the next activity in the area. When the Larsen proposal is under construction, it would be appropriate to pursue the parking lot project. It would be desirable to transfer the funds to the existing New Home Program as there is an immediate need to acquire a garage house site for the next Hennepin Technical College project (Summer, 1991). A parcel needs to be purchased so that design work can be initiated this summer on the new project. The $10,000 when combined with the $31,000 balance available from Year XV would make it possible to purchase a suitable property. Recommended Motion: 1. Authorize amendments to the Third Party Agreement to shift CDBG YR XV funds from the Economic Development Commercial Rehabilitation Program to the Scattered Site Program (New Home). 2. Request the City Council to approve this request and effectuate the necessary amendments to agreements with Hennepin County. Basis of Recommendations 1. The CDBG YR XV funds must be expended by December 31, 1990. .7 2. The ILN project priorities should be focused first on the redevelopment of the area south of 77th Street and, secondly, on locating and installing a parking facility between 76th and 77th Streets west of Lyndale Avenue. 3. The New Home Program is in need of additional funds,to purchase a property for the 1991 project. Alternative. Recommendation: 1. Do not authorize transfer of the funds. 2. Transfer the funds to the Deferred Loan Program. Discussion/Decision Mode: Action by the HRA on June 18 would make it possible for the City Council to consider the request at their June 25 meeting. Respectf ly submitted, James Prosser Executive Director JDP:cak • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 16 Agenda June 18, 1990 Issue Statement• Review of proposal to implement an Expanded New Home Program. Background: On January 16, 1990, the ~YRA adopted a motion directing staff to proceed with the formulation of an expanded New Home Program. Since January, staf€ has met weekly to formulate. this program. The ad hoc committee consisted of Kathy Jablonsky, Cathy Jones, Bruce Nordquist, Diane Nordquist and Bruce Palmborg. Ron Batty from Holmes & Graven was also a member. This letter and attachments provide a description of the program. The attachments include: Time & Activity Schedule; Summary of Housing Conditions; and Summaries of the following: Procedural Guidelines Redevelopment Plan Tax Increment Financing Plan Developer's Agreement The complete documents follow the summaries. While the expanded New Home Program is new, it is the result of combining successful elements of existing redevelopment and housing programs used by the HRA. • Objectives The objectives of the expanded New Home Program are stated in the Procedural Guidelines, the Redevelopment Plans and the Tax Increment Plans. In summary form, they are as follows. a) To provide families and individuals living in a substandard poor quality environment an opportunity to move to standard housing by establishing a cash market for their existing housing. b) To provide an opportunity for Richfield to house families seeking larger housing units with features popular in today's market. This housing would encourage existing residents seeking this type of housing to remain in Richfield and attract new residents as .well. It is the intention of staff to continue the existing New Home Program. With that program, Richfield will continue to attract the first time home buyer through use of CDBG funds and Hennepin Technical College students. • Financingx Financing of program activities would be provided by three sources; 1) City funds, 2) proceeds of sale from developers and 3) tax increment. The HRA would utilize City funds to purchase a property. A few minutes after completing the purchase, the property. would be sold to a developer. The difference between the purchase price paid by the HRA and sale price paid by the developer would be returned to the City by the HRA through the tax increment {TIF) over a period of 25 years. - Estimated from £ity properties - Estimated developers - Estimated by TIF startup funding to purchase 27 proceeds of sale from Net amount to be repaid $1,620,950 $ 797,500 $ 746,077 With a 10$ increase in market value over the 25 years, TIF revenues would cover the total amount of funds borrowed. An analysis of market values in Richfield completed by Hennepin County indicates that over the last five years, single family home values have cumulatively increased approximately 10$ and over ten years, values cumulatively increased 47$. Any increase above the 10$ would make it possible to pay the City interest on the funds borrowed. If both market value and tax levy are held constant over the 25 year period, revenues would fall short of the $746,077 by approximately $77,373. An additional comment related to financing. The 1990 legislative session has tied Local Government Aid (LGA) to the amount of tax increment generated by a newly established redevelopment tax increment district. Beginning in the sixth year and continuing through the 25th year of the TIF district, LGA is reduced in an increasing amount. An analysis of this impact indicates that, in 1996, the LGA reduction would approximate $600. It would peak in 2001 and continue at approximately $8,000 annually through the 25th year of the district. The total cumulative dollar reduction is estimated at $109,000. The present value of the $109,000 would approximate $19,000. • Acquisition All property purchased by the HRA would be required to meet the following criteria: r~ - Voluntarily offered for sale; - Owner-occupied or vacant so as to avoid relocation payment; - Substandard as to condition and/or obsolete as to design; - A developer has agreed to purchase from the HRA; - Value determined by appraisal report, offer to owner based on the appraised value, and authorization by HRA to purchase. Seven properties need to be acted upon immediately. The owners are at a critical decision point. The houses are now vacant and uninhabitable. If evidence of HRA interest in purchase is not forthcoming, the owners will take action which would make a purchase by the HRA in the near future unlikely. Thus, the existence of these homes would be perpetuated. The likely option to be exercised by the owners would be rental, with little if any repair work. Acquisition activities on these seven properties should be initiated in the near future.. Title and appraisal work costing approximately $7,000 could begin. This work would not compromise processing of the proposed program by the Planning Commission and City Council. The HRA would not be presented with a request to purchase specific properties until after City Council approval of the program. The $7,000 would be drawn from the HRA General-Fund. If funding is approved by the City Council, the $7,000 would be returned to the HRA General Fund. • Redevelopment Only competent experienced developers would be selected. It is likely that approximately five to six developers would be selected to construct up to 29 houses; each being responsible. for approximately five homes. A developer's agreement would establish the construction schedule, minimum value of property after construction ($110,000 to $140,000), developers willingness to sign an Assessment Agreement and provide the HRA access to the property to demolish the substandard and/or obsolete house. • Marketinc Developers would be responsible for marketing the new homes. At this time, staff has already collected a listing of 11 households which have expressed an interest in purchasing a new home. Further, families with children enrolled in Richfield Schools may offer a significant market. The houses they would vacate may be suitable for new families moving into the community. • Recommended Motion: 1. Review and discuss the proposed program and documents. 2. Adopt a motion directing staff to transmit to the Planning Commission the Redevelopment and Tax Increment Financing Flans with a request that they: i) find the Plans to be in conformance with the Comprehensive Plan and ii) find the proposed acquisition and disposition of identified real estate to be in conformance with the Comprehensive Plan. 3. .Adopt a motion authorizing the expenditure of up to $7,000 from the HRA General Fund for title and appraisal work to facilitate the removal of seven uninhabitable houses. Basis of Recommendation: 1. The proposal is consistent with the concept presented in January. 2. There is a market of voluntary willing owners who wish to sell their substandard and/or obsolete homes. 3. There is evidence of a market for new larger contemporary housing. 4. Conversations with Mr. Merlin Grant, President of Marvin H Anderson Construction Company and Board Member of the MN Builders Association indicate the program should be marketable to developers. 5. Many of the program elements have been used previously in both redevelopment and housing programs. 6. City monies to fund the program will be identified by staff and a proposal for their use in this program will be presented to the Council for their consideration. 7. Existing staff resources are available to administer the program and can be funded from the current HRA New Home Program. 8. Legal Counsel has reviewed the program and found it to be in compliance with existing law. 9. Seven uninhabitable houses may not be available to the HRA if action to acquire is not initiated immediately. Funds to pay for title and appraisal work is available from the HRA General Fund. 10. On March 5, 1990, the Richfield School Board adopted a resolution in support of this program concept. • Alternative Recommendation: 1. Modify the proposal. 2. Terminate any additional activity on the proposal. Discussion/Decision Mode: Authorizing transmittal to the Planning Commission on June 18 will make it possible for the Commission to consider its opinion on June 26. The HRA would then be able to act formally on the proposal July 16. By following this schedule, it is likely construction could begin in late 1990. (See following schedule). Respectfully submitted, Jame Prosser Executive Director JDP:cak • • Expanded New Home Program Activity Time Frame HRA Meeting June 18, 1990 Review Procedural 1~6anuaY Redevelopment P~.an. Tax Increment Finance Plan {TIF) Developer's Agreement Request of Planning. Commission Find Redevelopment. and TIF Plans in Conformance with Comprehensive Plan including acquisition and disposition of real estate Planning Commission Meeting June 26,.1990 Findings regarding Plan Conformance (See shove) HRA Meeting July 16, 1990 Proposal to approve Redevelopment and TIF Plans, funding request and Procedural Manual and request City Council to hold public hearing and approve Plans. Notice of Public Hearing published July 11, 1990 City Council public hearing on July 23, 1990 Redevelopment and TIF Plans and consideration of proposal~to approve the Plans and funding arrangement. Order Appraisals Begin July 24, 1990 Select Developers Aug. - Sept., 1990 HRA Authorization Aug. - Dec., 1990 Purchase Property Sell Property Developer Agreement Construction Start Last quarter of (120 day construction period 1990 continuing per house). into 1991 • Expanded New Home Program Summary of Housing Conditions During a recent eight: day period, staff has had an opportunity to inspect and .evaluate properties offered to the HRA. Over half of the homes inspected are located on the back of the lot or have other insufficient setbacks. The average size of the homes inspected was 690. square feet. This is significantly smaller than the average Richfield home at 930 square feet. Property conditions vary widely. Some houses are vacant and not habitable. Other homes are in substandard condition and/or obsolete in design and use. Below are examples of specific conditions noted: Uninhabitable Structures -Collapsed roof causing extensive water damage, animal and insect infestation, mold and fungus growing on carpet and walls. - Essential structural support members rotted causing threat of collapse in portion of house. - No subfloor under kitchen sink area, only dirt. This is unsanitary and neither weather or rodent proof. - A bathroom area created in a back hallway. The shower area consists of plastic sheeting fastened to the wall with duct tape. An uncleanable plywood sub floor is also not moisture resistant and there is no bathroom sink. Substandard Structures - Space heaters as the only source of heat causing insufficient heat distribution. Properties with space heaters are not eligible for FHA, VA or conventional mortgage financing. - Siding, trim and soffit areas with extensive deterioration and rot. A significant amount of trim and siding would have to be replaced dust to provide a nailing surface for vinyl or aluminum siding. - Improper construction framing methods have caused sagging floors, buckling walls, and functional problems with doors and windows. Joists are undersized and over spanned, foists and beams have been cut and not supported, and foists which were embedded in the concrete foundation are now rotting. - Hazardous electrical and plumbing system problems; plumbing not vented allowing sewer gases into the house; flexible waste and gas lines are used which are prone to leaking; extensive use of extension cords and improperly installed wiring create safety and fire hazards. Obsolete Structure - Small cellar type basements with steep, narrow stairway access. Standard laundry appliances are too large for stairway openings. In one home, a three foot section of a main support beam had been cut out to allow room for a small freezer to be moved into the cellar. The support was never repaired and the main beam is starting to twist causing structural problems. - Limited or no storage area. The absence of cellar and attic storage is common. Closet space is minimal and in some cases no closets exist. - Limited food preparation and storage. Small kitchens do not. accommodate .the size of todays standard appliances. Counter and cupboard space have been forfeited for standard ranges and refrigerators. - No dining area in kitchen or other room. Small living areas have insufficient room for a dining table. Families, instead, eat in a make shift manner in the living room. - Inefficient room layout requires that bedrooms be passed through to access the bathroom. In one instance, a bedroom .must be passed through to enter a second bedroom. - Bedroom size does not accommodate a standard bed and dresser. As a result sleeping spaces have been created in cellars or attic areas which do not have adequate ceiling height, light and ventilation, or egress. It is difficult to evaluate homes based only on exterior conditions. Acute cottage home from .the street, may actually be uninhabitable inside. A home with poor exterior maintenance and conditions may actually be neat, clean and repaired inside. Discussions with homeowners during the inspections indicated their strong interest in selling through the Expanded New Home Program. Generally, owners perceive difficulty in selling in the marketplace because: - homes cannot be conventionally financed; contract for deed, sell-er financing is usually required. - owners desire cash which can be used for a replacement dwelling. - many repairs are needed and owners are reluctant to incur further out of pocket expense for a home that doesn't provide pay back to the investment. - a savings can be realized, minimal closing costs and no realtor fees result by participating in the HRA program. - owners are tired of substandard and inefficient housing and "want out". - the hot~es ere _the least desirable in the market place and owners would prefer to rent the substandard dwelling to someone else theta shay.. H90-3-0129 r] • Expanded New Home Program Procedural .Guidelines Summary The "Procedural Guidelines" set forth the process to be followed in administering the Expanded New Home Program. Many of the procedures have been utilized in existing programs. The Table of Contents lists the administrative subjects. Pages one through six discuss the procedures to be followed in selecting, evaluating and purchasing garage and cottage type homes.. .All structures must be substandard and/or obsolete. The actual purchase of a property and the dollars paid require authorization by HRA. Tenant occupied property will not be purchased because of the financial burden of relocation payments. Owner-occupants must sign a waiver of relocation benefits. No property will be purchased without having a developer who has agreed to buy it from the HRA. Beginning on page six and continuing through page ten are the procedures related to developer selection, housing and site design, and developer solicitations. Successful performance is critical with this program,-thus the Developer Selection Criteria is designed to encourage only developers who have a successful track record, are financially strong and build several homes a year. For this program, each developer would construct five to • six homes. If there are .more than enough developers for the property available, selection will be made by lottery. Procedures regarding sale of property to developers begins on page ten. The sale price will be determined by a reuse appraisal undertaken by an independent appraiser. To maximize the amount of tax increment, a minimum market value will be established for each parcel. The value will range from $110,000 to $140,000. To help determine the minimum market value a "neighborhood evaluation" will be conducted by the appraiser as part of the reuse appraisal. The basis for the sale will be a public hearing and approval by the HRA of a developer's agreement. The construction plan review is discussed on pages 11 and 12. The HRA will be responsible for demolition of existing structures. That process is discussed on pages 12 and 13. At the time of sale of the property to the developer, the developer will execute a license granting the HRA the right to enter the property for demolition. Because construction will follow shortly after demolition, and to minimize costs, the cellar or basement spaces will not be backfilled or fenced, the sides will be tapered. All existing structures will be demolished. Sale of structures for removal from the site will not be considered for reasons outlined on page 14. The last page number 15 contains statements regarding the management of program funds. At this time, all appraisal work will be handled by one firm, BCL Appraisals, Inc. The "Procedural Guidelines" do not specify that one firm must prepare both acquisition and reuse appraisals, nor do the "Guidelines" specify the firm. However, BCL has ..provided favorable pricing for the appraisals. Staff also worked with them to formulate the "neighborhood evaluation" which is key to the success of this program. Mr. Brad Bjorklund is a principal of this firm. He has consistently provided high quality appraisals to the HRA. R90-3-0147 Expanded New Home Program Redevelopment and Tax Increment Plans Summary Rather than starting at the beginning of the Plan documents, the first paragraph below is intended to explain the basic concept of the Plans. The Expanded New Home Program activities will be conducted from within two large redevelopment projects known as Redevelopment Project Area "A" and Redevelopment Project Area "B" (see page 34 or 68 for map both of which are the same). Each redevelopment project area will have a tax increment district, Tax Increment Redevelopment District "A-1" and Tax Increment Redevelopment District "B-1" respectively. Each district will be composed of parcels purchased by the HRA. They are located on the maps, page 34 or 68 and listed on pages 16 and 50. The same properties are also listed on pages 35 and 69. The only parcels which could become part of district "A-1" and "B-1", would be those listed. No property will be purchased which is not listed. Although all the owners of property listed expressed interest in selling, it is likely that negotiations will not be satisfactorily concluded with_all the owners. Thus, not all property listed will be purchased. In project "A", there are 19 properties listed and project "B" • lists 8 for a total of 27. However, two of the parcels are double lots. Twenty-seven properties are listed but 29 new houses may be constructed. The balance of the Plan documents are similar to those previously reviewed and approved by the HRA and City Council for other projects such as the ILN and PASSS. A few of the more significant features of the documents are briefly identified as follows. Because the activities in each project area are the same, the documents for Redevelopment Project Area "A" and "B" are the same except the "Description of the Redevelopment Project Area" (boundary description); and "Acquisition and Relocation Activities" (list of properties to be considered for purchase). The documents for Tax Increment Redevelopment Districts "A-1" and "B-1" are the same except for "Parcels in Acquisition" (list of properties to be considered for purchase), "Original Tax Capacity", "Estimated Captured Tax Capacity" and the "Appendices". Objectives are listed on page 14 of the "A" document. They are the same in all documents. • The budgets for each project area appear in the Appendices and total $1,140,669 for project "A-1" page 37 and $480,281 for project "B-1" page 71. The total estimated budget is $1,620,950. The proposal is to create two TIF redevelopment districts with a 25 year life. The only increment .captured by the two districts would be.that generated .from the property on which new homes were constructed. No bonds would be issued. A perusal of the Table of Contents in plan document "A" pages 9 and 10 and plan document "B" page 43 and 44 will reveal a full listing of all topics. R90-Summary • • Expanded New Home Program Developer's Agreement Summary Significant features of the "Contract For Private Development" follow. The Contract is very similar. to those used in the LHN and ILN. - A Contract will be executed with each developer. - For cost and time effectiveness, virtually the same contract will be used with all developers. - A contract must be executed by a developer prior to HRA purchase of property for subsequent sale to developer. - The sale price of the property will be stated. - Beginning and ending construction dates will be specified. - Certificate of Completion will be provided by HRA at the appropriate time. - Developer must provide Letter of Credit equal to the amount of HRA write down and cost of demolition for each parcel. - Developer and "successors and assigns" are obligated to pay real estate taxes. HRA may sue for non-payment. - Assessment Agreement and Certification of Assessor. - License Agreement which when executed grants HRA the right to enter property and demolish the existing structure. - Insurance must be carried during construction. This Contract is an attempt to balance the need of the HRA and City for protection of their investment, with the need of the developer to market a home. Although staff has interviewed developers in formulating this entire program, the real impact of the HRA's right to sue for non-payment of taxes and of the Assessment Agreement on the marketability of the homes is unknown. While other communities have operated scattered site TIF programs, the funding source has not required the use of these two features. R90-3-0148 • RICHFIELD EXPANDED NEW HOME PROGRAM PROCEDURAL GUIDELINES DRAFT 6/12/90 C7 Table of Contents Page Number Statement of Purpose ....... ........... 1 Program Objectives ..................... 1 Definitions ............................ 1 Data Privacy ........................... 1 Seller Solicitation Procedures.......... 1 Property Selection Criteria ............ 2 Property Evaluation Procedures ......... 3 Acquisition Procedures ................. 5 Developer Selection Criteria ........... 6 - Housing Design and Site Development Criteria ............................... 7 Developer Solicitation Criteria ...... 9 Developers Selection Procedures ...... 9 Procedures for Sale to Developers .... 10 Property Closing Procedures ............ 11 Plan Review Process .................... it Procedures for Evaluation and Demolition ......................... 12 General Program Marketing .............. 14 Internal Fund Management ............... 15 • • Richfield Expanded New Home Program Procedural Guidelines Statement of Purpose This document. has been developed as a guidance tool for Program Administration. This document should not be interpreted as constituting any contractual agreement or liability by the City or HRA. Program Obiectives - Replace small lower value housing on scattered sites throughout the City with larger, new, higher value housing designed for families. - Eliminate the blighting influence of substandard housing, thus improving residential neighborhoods. - = Alleviate the shortage of standard housing for families. These objectives will be achieved through the acquisition of property and the development of new single family homes. Definitions HRA - Housing and Redevelopment Authority in and for the City of Richfield Voluntary Acquisition - The acquisition (purchase) of real property which results from a voluntary proposal to sell from an owner in response to an invitation or solicitation for offers. Developer - Developer or Builder who has entered into a Development Agreement with the HRA to purchase specific lots and develop them with new single family homes. Data Privacy All files and information which identifies property and persons is private and cannot be released. All information secured through the program is subject to the Data Privacy Act. Seller Solicitation Procedures 1. HRA staff will solicit for sellers by direct mail, _ advertisement, or other method. The number of properties purchased will be determined by the availability of resources and properties. 1 2. Sale to the HRA must be on a voluntary basis. Interested sellers are required to respond to the HRA solicitation in writing, with an offer .indicating: a. An interest in selling their property to the HRA. b. A willingness to waive relocation benefits. c. Statement of tenant interest in the property at the time of offer. d. Consent to the release of relevant information to potential developers. 3. Owners that have been surveyed and have an interest in selling must be contacted to inform them of the project time line and solicit the required written response. Proverty Selection Criteria HRA staff will prepare property fact sheets for properties which owners have expressed an interest in selling, and make a driveby inspection. Properties will be evaluated based on the following criteria. To be eligible for acquisition properties must meet criteria #1 a, b, c or d; and #2, through #6. 1. The property is: a. Substandard as to condition, size or usage. b. Obsolete and faulty design for block and area in which it is located. c. A deteriorating factor which has caused blight to other adjoining properties. d. Detrimental to the safety or health of abutting properties in the block. 2. The estimated market value of the property is within appropriate limits established by the HRA for tax increment feasibility. An effort will be made to acquire the lowest value properties first. Neighborhoods should be able to support a minimum sales price of $110,000 for new construction. 3. The site can be developed with a single family home within city code requirements, including zoning and conformance with the Comprehensive Plan. 4. The property must be owner-occupied or vacant before the owner should consider offering it to the HRA. Tenant occupied properties will not be considered for purchase. 5. The relationship of the property to other projects does not cause a negative impact on development. Other projects to be considered are: 2 a) Established Commercial Redevelopment areas. b) R-O-W improvement projects 494/35W/62nd/77th/66th/other c) Airport noise exposure zones: - 65 to 69 Ldn - 70 to 74 Ldn d) Storm Water Flood Prevention Improvements Projects e) Other 6. Prior to acquisition by the HRA, properties must be evaluated for historical significance. This will be accomplished by forwarding general property information and a property photo to the Minnesota Historical Society for review. This should be confirmed prior to signing a purchase agreement. The HRA will not purchase property which qualifies for the National Registry of Historical Structures. Pr~erty Evaluation Procedures 1. Based on the above information, HRA staff will identify the best candidates for acquisition. The following will be .considered in that evaluation: a. Properties must be immediately available to meet the HRA development time frame. b. Properties with one or more of the following characteristics should be considered first: - lowest values - poorest visible conditions - located in average to better neighborhoods c. Properties purchased should be equally distributed by location and value through the districts when possible, and provide a viable financial mix of properties to support program financial requirements. Given the above considerations, each site will be evaluated on a case by case basis. 2. Once an offering letter is received, HRA staff will contact the owners of the properties and arrange an inspection of the interior for blight qualification. The following information will also be obtained during the this inspection: a. Demolition specification information (See Procedures for Evaluation and Demolition). b. A determination as to the existence of any hazardous materials on the property. This includes: - a visual inspection - a statement from the seller regarding any knowledge of the properties use for production, storage,_deposit, or disposal of any toxic or hazardous wastes or substances.. or asbestos products whatsoever, during the time seller owned property and prior to the-date of 3 seller purchased property. Properties with environmental problems or hazards may be considered if the purchase price is reduced sufficiently to cover increased site clearance and preparation costs. 3. If a property meets the blight test, acquisition procedures will continue. If the blight test cannot be met, the property cannot be considered for acquisition. 4. For properties .meeting the blight test, sellers will be asked to provide the Abstract or RPA (as applicable) to the HRA to facilitate the rendering of a Title Opinion. The cost of updating the Abstract or RPA will be the sellers if a sale .occurs. If no sale occurs, the HRA will bear .the entire cost of updating the Abstract or RPA. The HRA will provide a written receipt when. receiving and returning an abstract or RPA. 5. Legal Counsel will be responsible for having the Abstract or RPA updated. and will contact staff as quickly as possible with an oral opinion of title. A written opinion will follow shortly thereafter. 6. If the Title Opinion indicates the property has marketable title, purchase procedures will continue. If the Title Opinion does not indicate a marketable title, the HRA, at its sole discretion, may choose not to acquire the property. The HRA may determine remedies and evaluate their resolution, including the additional time and expense to provide marketable title. The HRA may proceed to correct title deficiencies once a Purchase Agreement is executed by the seller. 7. If a variance is required to redevelop the property, the HRA-may, at its sole discretion, chose not to acquire the property. This determination will be made based on the project time lines, available resources, and availability of more desirable properties which do not require a variance. 8. If the HRA chooses to continue with the acquisition, a fee appraisal will be ordered to determine the purchase price of the property (to present to the seller), and the reuse value as a vacant lot, and a finished price range for. new single family construction (to present to the developer). The independent fee appraiser will be carefully instructed to document in specific terms the conditions of the property; details regarding structural condition and floor plan. The acceptance. of these conditions in the market place should be discussed in the report. The appraisers value judgement should reflect these conditions. 4 9. In some instances the Title Opinion and fee appraisal may be obtained simultaneously to facilitate a timely acquisition. Acquisition Procedures (Sale to HRA) 1. When a purchase price has been determined, the seller will be informed of: a. .The purchase price b. How the purchase price was determined. c. If negotiations fail, and the offer is not accepted, the HRA will not acquire the property. 2. A development agreement must be executed by developer prior to the purchase agreement b. seller. No property will be considered for by the HRA unless the development agreement agreement have been signed by the developer respectively. the selected ping signed by the acquisition and purchase and seller 3. Once a negotiated price has been reached, a purchase agreement and "waiver of relocation payment" form Must be executed by the seller for the acquisition process to continue. The relocation benefits which the seller agreed to waive must be clearly explained at this time if not explained previously. 4. Following execution of the purchase agreement by the seller, demolition specifications can be developed. 5. The .Richfield Planning Commission must determine whether the acquisition and disposition of the property is in conformance with the Richfield Comprehensive Plan. Several properties may be simultaneously presented to the Planning Commission for review. (This is an administrative finding that does not require public hearing). 6. The HRA will be requested to simultaneously authorize: a. Purchase Agreements b. Development Agreements c. Public Hearing of Disposition to Developer d. Initiation of Demolition Bidding (Agreements for several properties may be presented to the HRA at one time). 7. Following HRA authorization of these agreements: __ a. A simultaneous closing will be scheduled with the seller, HRA and Developer. 5 b. Developer will be requested to provide evidence of insurance and financial ,security prior to closing. c. Seller will be requested to assemble or supply all required documentation prior to closing. d. The public bidding process for demolition will be initiated. 8. The seller must be prepared to vacate the property on the day of closing. 9. The developer shall pay for the vacant lot and provide final evidence of insurance and financial security at closing. (See Development Agreement requirements and Procedures for Developer Selection and Sale to Developers). Special considerations during the acquisition process: a. Non-homestead vacant property will be considered for acquisition. b. Tenant occupied property cannot be acquired. c. Property expenses related to maintenance, taxes, and insurance, are not anticipated since the HRA will not retain title to the property. d. Review appraisal services may be part of the negotiating process to determine purchase price if the fee appraisal report values the property below the current assessor's market value. e. Annual number of acquisitions is influenced by available resources (funding and staff). Developer Selection Criteria Private developers will be selected by the HRA to construct new single family homes on identified lots. Developers must meet the following requirements: 1. Demonstrate financial capability by: a. A statement from a financial institution of available construction capital; and b. A letter of credit; or c. A performance bond; for the value of the construction. 2. Provide favorable references from: a. Five satisfied customers. 6 b. Three major suppliers, one being the construction lumber supplier. 3. Demonstrate proof of insurance as specified in Developers Agreement. 4. Possess H.O.W. insurance or equivalent to perform warranted repairs required by MN State statute. 5. Agree to the terms of the Development Agreement. 6. Agree to complete construction within the time frame specified in the Development Agreement. Every effort will be made to complete construction by December 31st of the construction year, for purposes of tax increment capture. 7. Preferential. consideration will be made to developers meeting the following requirements: a. Have experience working on infill projects. b. Have been a member of the Minnesota Builders Association (MBA) for the previous three (3) or more years; or be able to have met their requirements for the previous three years. c. Have a demonstrated record of building at least three (3) homes a year for the past five (5) years. (See item 2, above) Housing Desicn and Site Development Criteria Siding, exterior facade presentation, roof, window, siding and building line variability, finished landscape, interior space function and use are all important considerations. The development of all sites shall meet the development ' objectives listed below. The guidelines were created to insure that the homes built on the identified lots blend in with the surrounding neighborhood and respond to specific concerns of the HRA. 1. General: a. Each home shall be single-family, owner occupied. b. The value of each new home must meet or exceed the value specified for each property in the development agreement. 2. Site Standards: 7 a. The grounds shall be finish landscaped to be aesthetically pleasing in all seasons. Land forms and plants materials shall be used to define the site and blend with adjoining property. b.. Utility meters shall be screened from street view; locations must be specified on plans. c. Site drainage shall be accommodated on the site so that water is directed away from the new home and the neighboring properties. d. Existing trees shall be preserved when possible. Care should be taken to preserve existing root systems. A tree wrap, with board reinforcement shall be used on trees directly adjacent to active grading and construction areas. e. The construction site, neighboring property and adjacent public streets shall be kept free of construction debris at all times. 3. - Building Standards: a. The home shall be a 3-4 bedroom, 2 bathroom structure. b. A two car garage, attached or detached, must be provided on the site for single family detached units. A minimum of one enclosed parking space per unit will be required for attached single family units. c. Exterior materials (siding, soffit, doors and windows), should be low maintenance. Aluminum and vinyl are preferred. Natural cedar lap is acceptable if properly stained or painted. Hardboard, whether panels or lap siding, are not acceptable. d. Unit height and mass of the new homes shall be compatible with the scale of the surrounding neighborhood. e. A full basement shall be provided in the house unless the selected design results in a split level, garden level type of basement. f. All building plans must have been prepared in consultation with an Architectural Designer with a minimum two year technical degree. An Architect may also be consulted. g. All construction must conform to the Sound Attenuation Building Standards for properties located in 65-69 and 70-74 Ldn zones. A copy of the Sound Attenuation Building Standards Specifications will be provided to developer building in those zones. 8 Developer Solicitation Cri eria 1. The HRA will advertise in professional publications or newspapers, by direct mail, or other methods as deemed appropFiate, to solicit developer interest. The initial solicitation will include general program information, specific properties will not be identified. 2. A program information package will be available upon request to all interested developers. The information package will include the following: a. Developer requirements and application, (See Developer Selection Criteria).. b. Program summary information to include: - Program Objectives - Housing Design Criteria _ - Plan Review Process - Developer Selection Process - Demolition Process - Procedures for Sale to Developer - Construction Timeframe c. Sample Development Agreement d. Informational City Map indicating: - School locations - Parks - Bus routes e. A deadline for submission of application. Developers will generally be given two weeks to complete and return applications. f. This package will not include specific property, identification. Developer Selection Procedures 1. Upon receipt of applications, HRA staff will evaluate developers based on requirements set forth in the "Developer Selection Criteria". 2. HRA staff may reject or accept proposals at its sole discretion, so long as the developers selected adequately meet the Developer Selection Criteria. 3. If the number of qualified developers exceeds the number of available property groups, developers will be selected by lottery. • E 4. The HRA will group lots for sale to developers as follows: a. Groups will contain a minimum of 5 to 6 lots, when possible. b. To accomplish a balanced distribution of more and less desirable lots, lots will be grouped together to provide a mix of projected new home value opportunities in a variety of locations. 5. Property groups will be assigned to developers by lottery. 6. Alternate developers will also be selected. Procedures for Sale to Develover 1. The vacant lots will be sold to developers at fair. market value as determined by HRA staff based on independent appraisal. 2. A development agreement will be presented to the developer for consideration. The development agreement is of a standard form which includes conditions for acquisition and development of property. One element of property development is the Assessment Agreement which prescribes a a minimum market value for each property provided to the developer. Minimum values are presented in two ways: a) Minimum Values per property b) Minimum Value total for the package of properties provided to the developer. The HRA will provide recommended values per property and per package. The developer may review and accept or modify values per property. However, total values per package may not be modified. 3. The selected Developers will be required to execute Development Agreements for each property being developed. A purchase agreement can then be signed by the seller. 4. If the selected developer is not willing to sign a Development Agreement for each property in the identified group, the properties will be offered, to an alternate developer. 5. The following items specified in the Development Agreement will require discussion and negotiation with the developer: - Construction start and completion dates. - Guaranteed minimum value of property upon completion. - Developers willingness to sign an Assessment Agreement. 10 • - A license provided to the HRA for the purpose of completing demolition work. - Design Criteria 6. Following execution of Purchase Agreements by the sellers and subsequent Development .Agreements by the Developer, the HRA will be requested to authorize: - Purchase Agreements - Development Agreements - Public Hearing on disposition of property - Demolition public bidding process 7. Following HRA authorization of these items: - The Public Bidding process for demolition will be initiated. - A simultaneous closing will be scheduled with the' seller, HRA and developer. 8. Prior to closing, the developer will be required to provide evidence of insurance and financial capability as identified fn the Development Agreement. Property Closing Procedures A simultaneous closing will take place with the seller, HRA and developer. The HRA ownership of the property will pass to the developer at closing. The HRA will not retain title to the property longer than the closing meeting. The following will be required at the closing: 1. The seller will be required to provide a Warranty Deed to the HRA. 2. The HRA will convey the property to the developer by Quit Claim Deed. 3. The Developer must provide evidence that all post closing agreement requirements to proceed with construction, have been met. This includes but is not limited to insurance documents and letters of credit. The letter of credit will be an amount equal to the amount of the HRA net contribution (acquisition price minus land value plus site preparation costs). 4. A license on each property will be provided by the developer to the HRA for the purpose of completing demolition work. 5. The HRA will prepare all statements, affidavits, documents, and general release forms required for closing. Plan Review Process 1. The following must be provided to the Building Official, by the developer: 11 - Plans (2 copies) - Land Survey (2 copies) with building elevations, site drainage patterns and easements. - Energy Calculations - Any engineering plans (curb cuts, etc.) to be routed through Building Official to the engineering division. 2. The Building Official will be asked to review plans for structures located in the Ldn 65-69 and 70-74 for conformance to sound attenuation building standards. 3. The Building Official will forward the plans to HRA staff for review. 4. HRA staff will review all plans to assure conformance with Housing Design and Site Development Criteria. 5. If any element of the plan is in conflict with the above. criteria, HRA staff will notify the Building Official. The Building Official will notify the developer of any conflicts. 6. The developer must resubmit the revised plans for final approval unless resolved to the satisfaction of the Building Official by modification to original office copy of submitted plans. 7. Each plan review by HRA staff, will be completed in a timely manner. Review time approximates one week. Each plan submitted will be processed individually. Upon completion of review by the BRA, a review checklist will be signed and attached to the plans, and the plans returned to the Building Official. 8. HRA staff will refer the plans to the County Assessor to make a preliminary determination of value based on plans and amenity package. 9. The Developer, County Assessor, and the HRA will execute an Assessment Agreement and Certification of Assessor for each property, to guarantee the minimum development value. This Agreement will run with the land until the expiration date of the tax increment district. 10. Housing design and site development criteria have been reviewed and approved by the BRA. Procedures for Evaluation and Demolition of Structures DEMOLITION• .The HRA will be responsible for demolition and site clearance of acquired properties. Procedures are as follow: • 12 1. Properties will be inspected by staff for the purpose of preparing a demolition specification. This inspection shall be completed simultaneously with the blight qualifying inspection. The following items will be noted: a. Property legal description and documents of record. b. Approximate size of basement or cellar, structure (copy of assessing drawing if available). c. The existence or non-existence of a well. d. Number of out buildings for removal - sheds, garages, others. e. Concrete walks, patios, driveways, and slabs. f. Existing fences, retaining walls or any other type of permanent landscape materials. g. Miscellaneous yard debris, fixtures, landscape timbers and stones, foundation plantings. h. Existence of asbestos building materials. i. Structural or other factors that will affect demolition. 2. Contractors will be instructed to taper edges of all excavated areas to an acceptable slope for safety, keeping soil disturbances outside the building area to a minimum. The slope will be a minimum of 2 to 1. There will be no backfilling or fencing of excavated areas. 3. Individual demolition specifications will be prepared for each property following the execution of a purchase agreement. As many properties as possible will be assembled as one package and bid as one fob depending on the timing. A separate price will be required for each property. 4. A Public Hidding Process will be used in the selection of a contractor pursuant to Minnesota Statute 471.345. The Public Bidding process shall begin immediately following HRA authorization of purchase. 5. In addition to general advertisement, required by statute, desired contractors will be solicited. 6. A Demolition Contract will be executed by the demolition contractor and the HRA for structure removal and site clearance as specified by the HRA. The Developer must contract independently with the Demolition Contractor if additional demolition work is desired. 7. Prior to site clearance an sent to adjoining property the program and anticipated Neighborhood meetings on a not anticipated. informational letter will be owners to further explain development schedule. site by site basis nre 13 8. Demolition will be scheduled to occur as soon as possible following the HRA sale of the property to a developer. A license will be provided by the developer to allow the HRA to complete demolition and clearance work on the site. 9. Soil corrections and compaction will be the responsibility of the developer. 10. The sale of structures to house movers will not be considered based on the following: a. The properties purchased are small and blighted, generally not desirable to movers. b. Movers require a minimum of 60 days following award of bid, to remove a structure. House mover's schedules and unanticipated weather conditions could prolong this time. Delays cannot be accommodated in the HRA's development schedule. c. Movers would have minimal interest, if any, should the HRA require structures to be removed from the site prior to 60 days following the bid award. _ d. The HRA would be required to follow public bidding process for the house moving as well as remaining demolition work. The time frame for this process cannot be accommodated in the development schedule. General Program Marketing Marketing for the sale of the new homes will be the responsibility of the developer. Program marketing by the HRA will be limited to the following: 1. Developer solicitation. a. The HRA will request proposals from developers by advertising in professional publications or newspapers, by direct mail, or other methods as deemed appropriate. 2. Public Promotion. a. The HRA will periodically provide information about the program through articles or information pieces in the "Your City, Your Schools" publication to promote community awareness. b. When possible, a public open house will be held to provide an opportunity for residents and other interested parties to collectively view the finished homes. _ c. Marketing through the schools. 14 Internal Fund Management The program is financed with tax increment and other resources made available to the HRA from the City. The following conditions apply: 1) No bonds will be sold. 2) The City Council and HRA will designate the funding sources which will be borrowed. 3) The funds will be made available in a separate account to be drawn as needed to cover project expenses. 4) The funds that the HRA borrows will be repaid to the City over a 25 year period if sufficient funds are generated through Tax Increment. Interest may be paid if the funds generated exceed the principal amount borrowed. 5) The payment to the City from the HRA through tax increment would be made following receipt of property tax payments from Hennepin County. r • 15 Draft 6/13/90 ~~ c.c.c...cc.--~ccc~c~cc=cc..ccc..ccc.ac-.sc-c~=c.~a=S:czc==ceccmcc THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA MASTER PLAN EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM FOR REDEVELOPMENT PROJECT AREA "A" TAX INCREMENT FINANCING DISTRICT "A-1" AND REDEVELOPMENT PROJECT AREA "H" TAX INCREMENT FINANCING DISTRICT "B-1" DATED: 1990 PREPARED SY: The City of Richfield Department of Community Development Housing and Redevelopment Division 6700 Portland Avenue South - Richfield, MN 55423 - (612) 861-9760 MAYOR STEVEN J. QUAM CITY COUNCIL Edwina Garcia Ivan Ludeman Martin Kirsch Michael Sandahl HOUSING AND REDEVELOPMENT AUTHORITY Thomas Harms, Chair Edwina Garcia Ivan Ludeman Joan Helmberger Vern Luettinger CITY MANAGER/EXECUTIVE DIRECTOR James D. Prosser r~ -3- • PLANNING COMMISSION Thomas Ohnesorge, Chair Nancy Edwardson Michael Gallagher Robert Nelson Morris Nilsen, Jr. Lorraine Prindle Thomas Scaglia William Snyder David Sumnicht CITY STAFF U Byron Wallace Director, Community Development John Dean HRA Attorney Ronald Batty HRA Attorney Bruce Palmborg Housing & Redevelopment Coordinator Bruce Nordquist~ Housing Supervisor Catherine Jones Housing Specialist Kathy Jablonsky Redevelopment Specialist r~ Diane Nordquist Community Development Technician -5- DRAFT 6/13/90 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "A" AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT REDEVLOPMENT DISTRICT "A-1" • OF THE EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM DATED: 1990 =ccccc.~c~~~c~c=occacaaxc=xass=sxs=sc=~=:ssxcsze=aaa~=ccn==cascsa PREPARED BY: The City of Richfield Department of Community Development Housing and Redevelopment Division 6700 Portland Avenue South Richfield, MN 55423 (612) 861-9760 -7- • TABLE OF CONTENTS Part I. Redevelopment Plan for Redevelopment Project Area."A" A. Statement of Public Purpose B. Statutory Authority C. Description of Redevelopment Project Area. D. Statement of Goals and Objectives E. Development Activities and Agreements F. Proposed Land Use . G. 1~cquisition and Relocation Activities H. Environmental Considerations I. Redevelopment Plan Modification. . J. Administration of Redevelopment Project .Part II. Tax Increment Financing Plan for Tax Increment Redevelopment District "A-1" A. Statutory Authority . B. Statement of Objectives C. Development Program . D. Description of Property in the Tax Increment Financing District E. Classification of the Tax Increment Financing District F. Parcels In Acquisition G. Estimate of Costs H. Estimated Amount of Obligated Funds. PAGE 11 11 12 13 14 16 16 17 17 17 18 18 . 18 19 19 21 ~. 21 22 -9- I. Sources of Revenue 22 J. Original Tax Capacity 22 K. Estimated Captured Tax Capacity 23 L. Duration of the District 23 M. Estimated Impact on Other Taxing Jurisdictions. 23 N. Modifications of the Tax Increment Financing District 23 O. Limitation on Administrative Expenses 23 P. Limitation on Duration of Tax Increment Financing Districts 24 Q. Limitation on Qualification of Property in Increment District not Subject to Improvement. 24 R. Limitation of the Use of Tax Increment 24 S. Notification of Prior Planned Improvements 25 T. Excess Tax Increments 25 • U. Restrictions on Pooling; Five-Year Limit. 26 V. Assessment Agreements 27 W. Administration of the Tax Increment Financing District and Maintenance of the Tax Increment Account 28 X. Annual Disclosure Requirements. 28 Y. Assumptions 29 Z. Municipal Findings 29 Appendix A: Map: Redevelopment Project Area "A". 33 Appendix B Property in the Tax Increment Redevelopment District "A-1" 35 Appendix C: Estimate of Tax Increments. 36 Appendix D: Tax Increment Financing Budget. 37 . Appendix E: Estimate of Impacts on Other Taxing Jurisdictions ~. 38 -10- Draft 6/13/90 PART I. REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "A" A. Statement of Public Purpose It is found that there is not in this city a sufficient supply of adequate safe and .sanitary dwelling accommodations; that in certain areas thereof there exist substandard conditions, unsafe and unsanitary housing and buildings. and structures used or intended to be used for living; which by reason of sociological and technological changes, dilapidation, obsolescence, overcrowding, and faulty arrangement or design of building and improvements, lack of public facilities, ventilation, light and sanitary facilities, or deleterious land use, or obsolete layout, or any combination of these and other factors are injurious to the health, safety, morals and welfare of the citizens of this state; cause an increase and spread of crime, juvenile delinquency and disease, inflict blight upon the economic value of large areas; threaten-the source of public revenues while decentralizing communities to areas improperly planned and not related to public facilities; and require citizens to occupy unsafe, unsanitary and overcrowded dwellings. Therefore, in order to respond to public interest and protect the overall economic stability of the housing area, redevelopment of neighborhoods is required to create an economic environment which fosters the growth of a healthy residential base and encourages private enterprise to engage in redevelopment and new construction to be implemented in accordance with a comprehensive community plan. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) and the City Council of the City of Richfield, Minnesota (City) have determined that public intervention is necessary in Redevelopment Project Area "A" (Project Area "A") of the Expanded New Home - Scattered Site Housing Program (Housing Program) in order to achieve goals and objectives for the area . 8. Statutory Authority The statutory authority for the undertaking of a redevelopment project in Project Area "A" and the activities proposed in the redevelopment plan relating thereto is conferred upon the HRA pursuant to and in accordance with the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001 to 469.047, inclusive, as amended. Specifically, Minn. Stat., Sec. 469.027 establishes the requirements for redevelopment plan preparation by an HRA prior to undertaking property acquisition, redevelopment, development and other related improvements. -11- C. Description of the Redevelopment Project Area In order to guide development and redevelopment in Project Area "A", the HRA has created this redevelopment plan. Pursuant to Minn. Stat., Sec. 469.002, subd. 12, the proposed project meets the definition of a redevelopment project, defined in Minn. Stat., Sec. 469.002, subd. 14, and will henceforth, be referred to as the redevelopment project. The boundary for Project Area "A".encompasses all that real property within an area described as follows: Beginning at the intersection of the southerly right-of-way line of East 62nd Street and the easterly right-of-way line of 11th Avenue South, thence, in a line easterly more or less, along said southerly right-of-way line to its intersection with the westerly right-of-way line of Bloomington Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with .the southerly right-of-way line of East 63rd Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of 16th Avenue. Thence, southerly along said easterly right-of-way t6 its intersection with the northerly property line of Lot 2, Block 1, Iverson's Second Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the westerly right-of-way line of 18th Avenue South. Thence, southerly along said westerly right- of-way line to its intersection with the southerly right- of-way line of Diagonal Boulevard. Thence, southwesterly more or less, along said southerly right-of-way line to its intersection with the southerly right-of-way line of East 73rd Street. Thence, westerly along said southerly right- of-way line to its intersection with the easterly property line of Lot 5, Block 4, Henry Thernell Addition. Thence, southerly along said easterly property line, as extended, to its intersection with the northerly right-of-way line of East 76th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly property line of Lot 4, Block 8, Sunset Terrace. Thence, northerly along said westerly property line, as extended, to its intersection with the northerly property line of Lot 8, Block 8, Sunset Terrace. Thence, westerly along northerly property line, as extended, to its intersection with the easterly right-of-way line of Lyndale Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West 74th Street. Thence, westerly along said southerly right-of-way to its intersection with the easterly property line of Lot 26, Block 25, Irwin Shores. Thence, southerly along said easterly property line, as extended, to its intersection with the northerly right-of- way line of West 76th Street. Thence, westerly along said northerly right-of-way line to the intersection with the westerly right-of-way line of Fremont Avenue South. -12- . Thence, .northerly along said westerly right-of-way line to its intersection with the northerly`right-of-way line of Humboldt Avenue South. Thence, northwesterly and northerly more or less, along said northerly right-of-way line to its intersection with the southerly right-of-way line of West 73rd Street. Thence, easterly more or less, along .said .southerly right-of-way line to its intersection with the easterly right-of-way line of Lyndale Avenue South.. Thence, northerly more or less, along said easterly right- of-way line to its intersection with the southerly right- of-way line of West 68th Street. Thence, easterly along said .southerly right-of-way line to its: intersection with the .easterly right-of-way line of Pleasant Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the northerly property line of Lot 7, Block 2, Ralph Hollenbach's First Addition. -Thence, easterly along said northerly property line, as extended,. to the easterly right-of-way line of Wentworth Avenue South. Thence, southerly along said easterly right-of-way line to its intersection with .the. northerly property line of Lot 6, Block 2, Oaklane Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the westerly right-of-way line of Blaisdell Avenue South. Thence southerly along said westerly right-of-way line to its intersection with the southerly right-of-way line of West. 68th Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of Nicollet Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the northerly right-of-way line of East 67th Street. Thence, easterly along said northerly right of way line to its intersection with the easterly right-of-way line of First Avenue South. Thence, northerly along said easterly right- . of-way line to its intersection with the southerly right- of-way line of East 66th Street. Thence, easterly along said southerly right-of-way line to its intersection with the easterly right-of-way line of 11th Avenue South. Thence, northerly along said easterly right-of-way line to the point of beginning. (Also refer to Appendix A, Map: Project Area "A" D. Statement of Goals and Objectives The HRA determines that it is necessary, desirable, and in the public interest to undertake a redevelopment project in the City pursuant to the provisions of Minn. Stat., Chapter 469, as amended. The HRA determines that the .funding of the necessary activities and improvements in the redevelopment project area shall be accomplished through the use of tax increment financing and other revenue sources available to the HRA and City. -13- The following goals and objectives are intended to serve as a basis for guiding activities in the redevelopment project area: • 1. To develop strategies to encourage development and redevelopment of single family homes. 2. To .maintain a positive environment within the residential community. 3. To enrich the quality of life for residents through planning. 4. To recognize the needs of all segments of the populace .through diversity in housing stock which is a major determinant of the. living environment. 5. To achieve a high level of design quality to enhance the physical environment. 6. To achieve a balanced variety of housing stock appropriate to the market area., ~-. To enhance the residential tax base of the community. 8. To protect the surrounding residences from the adverse effects of dilapidation and deterioration. 9. To eliminate unsightly, blighting, deteriorated, and substandard structures. 10. To provide an expanded range of housing opportunities of sufficient quality and size through development,. redevelopment and new construction. 11. To provide maximum opportunity, consistent with the needs of the city for development by private enterprise. 12. To coordinate elements of the City's Comprehensive Plan with these project objectives. E. Development Activities and Agreements The objectives of this redevelopment plan will be accomplished pursuant to the authority granted to the HRA by the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001, et sea• The following activities are appropriate for. the area. Description of Anticipated Public Development Activities The .anticipated public development activities in the redevelopment project area to be undertaken by the HRA-and City -14- in order to support the private development activities include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. Remedial site environmental activities; and 5. Adjacent public improvements and utilities which service site. Descriution of Anticivated Private Development Activities. The private development activities within the project area which are anticipated to occur include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. Any and all proposals for development and redevelopment will be reviewed by the HRA and City, when appropriate, to determine conformance with the redevelopment plan and applicable municipal ordinances and codes. Property acquired by the HRA will be subject to a contract for sale to the developer. The general requirements to be imposed upon the developer by the contract for sale are: 1. To redevelop the property purchased in accordance with this redevelopment plan; 2. To commence and complete the construction of improvements on the property within specified periods of time; 3. Not to resell the property before improvements are made without the prior consent of the HRA; and 4. Not to discriminate on the basis of age, race, color, sex, creed, or national origin on the sale, lease, transfer, or occupancy of the property purchased from the HRA . -15- F. Proposed Land Use The current land uses in the redevelopment project area include the following: - Single family residential; - Apartment; - Duplex; - Commercial; - Parks; - Schools; - Vacant; - Public; and - Quasi-public (e.g. churches, cemetery, nursing homes, private schools, and service organizations). New uses will be restricted to single family residential. G. Acquisition and Relocation Activities 1. Acquisition - As a means of comprehensively formulating an expanded New Home Program, HRA staff recently undertook the following tasks to identify property for acquisition: a. Analysis of residential property tax records with estimated property values less than or equal to 555,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for. voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. The following property has been identified for acquisition for Cycle I of the program: PID NUMBER ADDRESS 26-028-24-11-0024 6351 Bloomington Ave. So. 26-028-24-12-0083 6332 - 15th Ave. So. 26-028-24-12-0087 6349 - 14th Ave.. So. 26-028-24-12-0114 6325 - 15th Ave. So. 26-028-24-13-0046 6425 - 15th Ave. So. -16- 26-028-24-13-0047 26-028-24-13-0049 26-028-24-13-0051 26-028-24-13-0079 26-028-24-13-0102 26-028-24-13-0115. 26-028-24-14-0096 26-028-24-14-0116 27-028-24-42-0068 33-028-24-42-0014 34-028-24-11-0079 =34-028-24-12-0085 34-028-24-13-0094 34-028-24-14-0041 6415.- 15th Ave. So. 6407 - 15th Ave. So. 6400 - 15th Ave. So. 6518 - 15th Ave. So. 6538 Bloomington Ave. So. 6501 - 15th Ave. So. 6401 Bloomington Ave. So. 6507 Bloomington Ave. So. 6612 - 2nd Ave. So. 7435 Emerson Ave. So. 7039 - 5th Ave. So. 7129 - 1st Ave. So. 7216 - 1st Ave. So. 7320 - 5th Ave. So. 2. Relocation The HRA accepts as binding its obligations under provisions of federal and state law (Minn. Stat., Sec. 117.50 through 117.56) for relocation. H. Environmental Considerations Generally, the redevelopment project area is developed. All proposed public and private development resulting from this plan will be evaluated against existing environmental regulations. I. Redevelopment Plan Modification All redevelopment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.029, subd. 6. J. Administration of Redevelopment Project The redevelopment project and related housing program will be administered by the Richfield Housing and Redevelopment Authority. -17- Draft 6/13/90 PART II. TAX INCREMENT FINANCING PLAN • FOR TAX INCREMENT REDEVELOPMENT DISTRICT "A-1" A. Statutory Authority The statutory authority for the undertaking of a tax increment financing district (TIF District "A-1") in Redevelopment Project Area "A" (Project Area "A") for the Expanded New Nome - Scattered Site Housing Program (Housing Program) and the activities proposed in the tax increment plan relating thereto is conferred upon the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), pursuant to and in accordance with the Tax Increment Financing Act, Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended. B. Statement of Objectives The HRA and the City seek to achieve the goals and objectives set forth in Part I of the Redevelopment Plan. C. Development Program 1. Description of Development Activities On January 16, 1990, the HRA adopted a motion directing staff to proceed with the formulation of an expanded New Home Program. In order to gauge interest in the new program and initially identify residential property for program participation, the following tasks were undertaken: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. A comprehensive, integrated approach for acquisition, site clearance, and new construction has been formulated and will be provided through program guidelines. The HRA will assist prospective developers with development, ~~- redevelopment, new construction, and other related activities within the context of this Plan, the Redevelopment Plan and other related guidelines. -18- 2. Development~Activities Covered by Contract Currently, there are no development contracts. 3. Other Development Not Under Contract .Reasonably Expected to Occur in the Project. Proposals from prospective developers will be required to be submitted to the HRA as part of the review process. The following activities may be expected to occur: 1. Property Acquisition; 2. On-site clearance; 3. On-site improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. For Cycle I of the Housing Program, a total of 27 properties have been identified for program participation and acquisition. Nineteen of the properties are located within Redevelopment Project Area "A" while the remaining eight are within Redevelopment Project Area "B". (Refer to Appendix A for map of Redevelopment Project Areas.) Redevelopment Project Area B contains two properties with double lots. With property subdivisions, two additional homes will be constructed. Initial construction for Cycle I is anticipated to begin .toward the end of the last quarter of calendar year 1990, with construction for each home to run approximately 120 days. Timing of construction is contingent upon favorable market conditions, reasonable time period for processing applications and availability of funding revenue. D. Description of Property in the Tax Increment Financing District Property located within TIF District "A-1" is identified in Appendix B. E. Classification of the Tax Increment Financing District The Richfield HRA and City Council, in determining the need for a tax increment financing district in accordance with Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended, find that the district to be established within Project Area "A" is a r~ -19- redevelopment tax increment financing district as defined in Minn. Stat., Sec. 469.174, subd. 10: It has been ascertained that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. ""Structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building -code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on .the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent expert appraisal of the cost of repair and rehabilitation of the building." Since the tax increment parcels within the scattered site program are non-contiguous, each parcel has been examined by staff against the statutory definitions of structurally substandard and other blight definitions. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. r -20- F. Parcels in Acquisition The following property has been identified for acquisition: PIN NUMBER ADDRESS 26-028-24-11-0024 6351 Bloomington Ave. So. 26-028-24-12-0083 6332 - 15th Ave. So. 26-028-24-12-0087 6349 - 14th Ave. So. 26-028-24-12-0114 6325 - 15th Ave. So. 26-028-24-13-0046 6425 - 15th Ave. So. 26-028-24-13-0047 6415 - 15th Ave. So. 26-028-24-13-0049 6407 - 15th Ave. So. 26-028-24-13-0051 6400 - 15th Ave. So. 26-028-24-13-0079 6518 - 15th Ave. So. 26-028-24-13-0102 6538 Bloomington Ave. So. 26-028-24-13-0115 6501 - 15th Ave. So. 26-028-24-14-0096 6401 Bloomington Ave. So. 26-028-24-14-0116 6507 Bloomington Ave. So. 27-028-24-42-0068 6612 - 2nd Ave. So. 33-028-24-42-0014 7435 Emerson Ave. So. 34-028-24-11-0079 7039 - 5th Ave. So. • 34-028-24-12-0085 7129 - lst Ave. So. 34-028-24-13-0094 7216 - 1st Ave. So. 34-028-24-14-0041 7320 - 5th Ave. So. The tax increment district budget includes acquisition costs for subsidy purposes which will be offered to developers as development incentives. G. Estimate of Costs The estimate of public cost s associated with the tax increment district are outlined _ in the budget listed in Appendix D. -21- H. Estimated Amount of Obligated Funds At the current time, approximately S1 million is available to implement this program. Repayment of these funds will be through the use of tax increment financing and other sources of revenue available to the HRA and City. An estimate of the amount of bonded indebtedness for redevelopment is expected to be S0. The term of the issues is 0 years including 0 years of capitalized interest with an anticipated taxable interest rate of 0~. The amount of capitalized interest is estimated to be S0. I. Sources of Revenue The primary source of revenue to be used to finance public costs associated with proposed developments in the redevelopment project area is tax increment. In addition to the tax increment revenue, other sources of revenue potentially available to the HRA and City may be utilized. J. Original Tax Capacity Pursuant to Minn. Stat., Sec. 469.175., subd. land Sec. 469.177, subd. 1, the Original Net Tax Capacity (OTC) for TIF District "A-1" is based on the January 2, 1990 assessed value placed on the property by the county assessor. The OTC for the district is $17,730. (See Appendix 8, Property Located in Tax Increment Financing District "A-1".) Each year the office of the county auditor will measure the amount of increase or decrease in the total net tax capacity of the tax increment district to calculate the tax increment payable to the redevelopment district fund. In any year in which there is an increase in total net tax capacity in the tax increment district above the original net tax capacity, a tax increment will be payable. In any year in which the total net tax capacity in the tax increment district declines below the original net tax capacity, no tax capacity will be captured and no tax increment will be payable. The county auditor shall certify in each year after the date. the original net tax capacity was certified, the amount the OTC has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; or 3. Change due to stipulations, adjustments, negotiated or court-ordered abatements. r -22- K. Estimated Captured Tax Capacity., Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Minn. Stat., Sec. 469..177, subd. 2, the estimated captured net tax capacity (CTC) of the tax increment district is within a range of $849 to $1,677 per home. The total CTC for 19 new homes within the project area ranges from $16,131 to $31,863. As a result of the improvements to be constructed, it is expected that the estimated captured net tax capacity will be available for the housing program. It is also anticipated that this amount will be captured not more than 25 years. (See Appendix C, Estimate of Tax Increments). L. Duration of the District Pursuant to Minn. Stat., Sect. 469.176, subd. 1, the maximum duration of a redevelopment tax increment district is 25 years. The HRA elects to capture 100$ of the tax increments for the duration of the district. M. Estimated Impact on Other Taxing Jurisdictions Refer to Appendix E, Estimate of Impacts on Other Taxing Jurisdictions. N. Modifications of the Tax Increment Financing District • All tax increment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.175, subd. 4. The modifications pertaining to the necessary processing include any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination of capitalized interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the HRA; increase in total estimated tax increment expenditures or designation of additional property to be acquired by the HRA shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. The geographic area of a tax increment district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the County Auditor. 0. Limitation on Administrative Expenses In accordance Minn. Stat., Sec. • certification was shall be used to which exceed ten with Minn. Stat., Sec. 469.174, subd. 14, and 469.176, subd. 3, for districts for which requested after June 30, 1982, no tax increment pay any administrative expenses for a project percent of the total tax increment expenditures -23- authorized by the tax increment financing plan or the total tax • increment expenditures for the project, whichever is less. P. Limitation on Duration of Tax Increment Financing Districts Pursuant to Minn. Stat., Sec. 469.176, subd. 1, the HRA must issue bonds, or acquire property, or construct or cause public improvements to be constructed within three years of the date of certification of the tax increment district by the county auditor. Q. Limitation on Qualification of Property in Tax Increment District Not Subject to Improvement Pursuant to Minn. Stat., Sec. 469.176, subdivision 6, "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district..., n_o demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel .located within a tax increment financing district by the HRA or by the owner of the parcel in accordance with the. tax increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax • increment financing district. If the HRA or the owner of the eparcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that. parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the HRA shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof most recently certified by the commissioner of revenue and add it to the original net tax capacity of the .tax increment financing district." R. Limitation on the Use of Tax Increment All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public redevelopment costs pursuant to Minn. Stat., 469.001 to 469.047, inclusive, as amended. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality. This provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. -24- • Pursuant to Minn. Stat., Sec. 469.176, subd. 4~, at least 90 percent of the revenues derived from tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of a redevelopment district under section 469.174. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. S. Notification of Prior Planned Improvements Pursuant to Minn. Stat., Sec. 469.177, subd. 4, the HRA will review and search property files for properties to be included in the tax increment district and to identify those properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. T. Excess Tax Increments Pursuant to Minn. Stat., Sec. 469.176, subd. 2, in any year in which the tax increment exceeds the amount necessary to pay • the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat., Sec. 475.61, subd. 3, the HRA shall use the excess amount to: 1. Prepay the outstanding bonds; 2. Discharge the pledge of tax increment therefor; 3. Pay into an escrow account dedicated to the payment of such bond; 4. Repay any loans including interest on these loans; or 5. Return the excess to the county auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rates. The amounts distributed to a city or county must be deducted from the levy limits of the governmental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government aid payment. For the purpose of this tax increment financing plan, excess tax increment means that increment received in any year"which is in addition to the amount needed to satisfy the HRA's current financial obligations or commitments, as specified in the tax -25- increment financing budget listed in Appendix D, or which is in a addition to that which is placed in a separate account for the purpose of accumulating funds needed to satisfy those financial obligations or commitments in the future. U. Restrictions on Pooling; Five-Year Limit In accordance with Minn. Stat., Sec. 469.1763, the following terms have the meanings given: "Activities" means acquisition of property, clearing of land, site preparation, soils correction, removal of hazardous waste or pollution, installation of utilities, construction of public or private improvements, and other similar activities, but only to the extent that tax increment revenues may be spent for such purposes under other law. Activities do not include allocated administrative expenses, but do include engineering, architectural, .and similar costs of the improvements in the district. "Third party" means an entity other than (1) the person receiving the benefit of assistance financed with tax increments, or (2) the municipality or the development authority or other person substantially under the control of the. municipality. Pursuant to Minn. Stat., Sec. 469.1763, subd. 2 with respect to expenditures outside the district: (a) For each tax increment financing district, an amount equal to at least 75 percent of the revenue derived from tax increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent. that the proceeds of the bonds were used to finance activities in the district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of the revenue derived from tax increments paid by properties in the district may be expended, through a development fund or otherwise, on activities outside of the district but within the defined geographic area of the project except to pay, or secure payment of, debt service on credit enhanced bonds. The revenue derived from tax increments for the district that are expended on costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district. Pursuant to Minn. Stat., Sec. 469.173, subd. 3 with respect to the five-year rule: (a) Revenues derived from tax increments are considered to have been expended on an activity within the district under subdivision 2 only if one of the following occurs: (1) before or within five years after certification of the district, the revenues -26- . are actually paid to a third party with respect to the activity; (2) bonds, the proceeds of which must be used td finance the activity, are issued and sold to a third party before or within five years after certification and the revenues are spent to repay the bonds; (3) binding contracts with a third party are entered into for performance of the activity before or within five years after certification of the district and the revenues are spent under the contractual obligation; or (4) costs with respect to the activity are paid before or within five years after certification of the district and the revenues are spent to reimburse a party for payment of the costs. (b) For purposes of this subdivision, bonds include .subsequent refunding bonds if one of two tests is met: (1) the proceeds of the original refunded bonds were spent on activities within five years after. the district was certified or (2) the . original refunded bonds are issued within five years after the district was certified and the proceeds are expended on activities within a reasonable temporary period within the meaning of the use of that term under section 148(c)(1) of the Internal Revenue Code. Pursuant to Minn. Stat., Sec. 469.173, subd. 4 with respect to use of revenues for decertification: Beginning with the sixth year following certification of the district, 75 percent of the revenues derived from tax increments paid by properties in the district that remain after the expenditures permitted under subdivision 3 must be used only to ' pay outstanding bonds, as defined in subdivision 3, paragraph (s), clause (2), and paragraph (b) or contracts, as defined in subdivision 3, paragraph (a), clauses (3) and (4). When the outstanding bonds have been defeased and when sufficient money has been set aside to pay contractual obligations as defined in subdivision 3, paragraph (a), clauses (3) and (4), the district must be decertified and the pledge of tax increment discharged. V. Assessment Agreements Pursuant to Minn. Stat., Sec. 469.177, subd. 8, the HRA may enter into an agreement in recordable form with a developer or redeveloper of property within the tax increment district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor -27- who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market value agreement. W. Administration of the Tax Increment District and Maintenance of the Tax Increment Account Administration of the tax increment district will be the responsibility of the Richfield Housing and Redevelopment Authority. The tax increment received as a result of increases in the net tax capacity of the tax increment district will be maintained in a special account separate from all other HRA and municipal accounts and expended only upon sanctioned activities identified in the tax increment financing plan. X. Annual Disclosure Requirements Pursuant to Minn. Stat., Sec. 469.175, subd. 6a, on or before March 1 of each year, the HRA must annually report to the commissioner of revenue the following: 1. Total principal amount of nondefeased tax increment financing bonds that are outstanding at the end of the previous calendar year; and 2. Total annual amount of principal and interest payments that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. Also in accordance with this requirement the HRA must annually report to the commissioner of revenue the following amounts for the tax increment financing district: 1. .Type of district; 2. Date on which the district is required to be decertified; 3. Captured net tax capacity of the district, by property class as specified by the commissioner of revenue, for taxes payable in the current calendar year; 4. Tax increment revenues for taxes payable in the current calendar year; 5. Whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or -28- may be expended on activities located outside of the district, (ii) fore-deposit into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and 6. Any additional information that the commissioner of revenue may require. Y. Assumptions It was necessary to make certain assumptions regarding income, costs and timing of the tax increment financing district. These assumptions are based on discussions with the HRA, City, and County staff, and consultants. Z. Municipal Findings Pursuant to Minn. Stat., Sec. 469.175, subd. 3, before or at the time of approval of the tax increment financing plan, the municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination: 1. The Tax Increment Financing District is a redevelopment district pursuant to Minn. Stat., Sec. 469.174, subd. 10. It has been determined that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. Specifically, staff has examined each parcel against the statutory definitions of structurally substandard and other blight definitions due to the non-contiguous nature of the tax increment parcels. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. 2. The proposed activities listed in this plan, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment -29- within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary since the proposed development requires certain necessary planning, property assembly and other improvements without which prospective developers could not construct the aforementioned improvements; and without the use of tax increments or other revenues authorized by this plan to assist with the financing of the activities, prospective developers would not proceed with redevelopment in the redevelopment project area. 3. The tax increment financing plan conforms to the general plan for the development of the City as a whole as it will result in an expanded New Home Program for the development, redevelopment, new construction and other related improvements of residential homes for which there is limited sources of revenue available. 4. The tax increment financing plan will afford - maximum opportunity, consistent with the sound needs of the City as a whole, for the development by private enterprise as it will enable the HRA to provide the necessary redevelopment for the project area and City, as a whole, in a planning manner suitable to both the public and private sectors. • -30- DRAFT 6/13/90 APPENDICES EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM REDEVELOPMENT PRO3ECT AREA "A" - AND TAX INCREMENT FINANCING DISTRICT "A-1" • -31- • • _32' _ o m m m m N f OIL - _ p D l0 WOi P ~ ~ ~ v.=i y < P -~ H. ti ' %ERx ES AVE (~~ -- ~ I - ~ ~ %ER%ES AVE. WASH BURN ji ~~ ""'". ~ ._ ~ ll ~' ~ i i I - rr~ ) _--- ~L 1(." ~I ~ ~ I ~IL_ .~~II WasHauRN .. 1' ~~~ ~~ JI \~~ ~~ 'I I 1C. )~ ~1 jf ] ~~ Ji _-~ 1 VINOENT ^ UPTON ~ - UPTON V~NLEN, I ~_~~ 1 _-ll ~~I ~I~ 1~-=iii ~~~H~-_~( ~ ~I 11 _~ I ~ 1L=_- i~ SJ 1~I~1 I ~_ ,gin r THOMAS 6 SHER DAN I ! ~ l-~~ - -I-- '_~I - ~ ~ 1. M, ~~~~t, .._ '_'I ~I .~_~/-. l~lt._ __. _I ~. S MERIDAN m RU SS_ELL I' I F- -_.. di - __- ~ b; ~. -. - ~~~.. RUSSELL r ~ QUEEN i~, _ ~ ~ QUEEN L I I_- J11~ ~1 I (~ I ( r l rn. PENN .AVE ~i ~--~~ I ~~: ~ll ~l -_ _. ~ ~.~~.~~~ ~~ l~ ~I i7 ~I .~II~ PENN AVE . ' Z -OItVER ~~ - "-- -' ~ ~ OLIVER ir_ ~_ r- Iy.~~ l ~ NEw'TOty II~- ~r ~`_ "~~` ~.-~i ~. _~l ~11L -_..~~~i .I fIf __ II :_ JI~ _ llIII __1I L.. ~ - NEWTON STzvJ I ~1 ~~_- J r,A IJ _ J~~ ~j~ )r ~L~ 1/If IL __J1 ~1f~_~~._ '. MORGAN i MOOGAN I I~ __J ~~ =~L• ~l l~(g~u-1. II III ~L -J~~~'~~~1rL _ ~ LOGAN ~ f ~ ~~~ 1~ _J ~ .~~ J ~~~i..l ~~~' I__ J~~~~- JI KNOX I r ~ ~ J D J4MOEE II _._ .. l~ L~ _~,~C~L ~~._~l ~~~ ~~~I~ J(~~~I _7___l(~~~~L____ 1 JAME$ R1 -IRVING II /~ ~ ~~ ~~. ~ .. .,-~~J ,:. -~ ~_ ~~ .1T--- ~L__._~~~~ "~~ i IRVING N f .I - _ ___ 351___-' ! nK~[SNgaEI. oarvF I !__JL~~~ I HUMBOLDT HUM BOLDT ~ ~-- I n ~ I GIRARO ` P--,.- 1r- ~C-7L~~J/ ~ fREMONT ~ . _- ~~ ~ A~,i'r"~•'~e--. _ _ __ ~-=.~~~_ r PREMONT O EMERSON - ~~ ~~ ~-~ r F `C ~ '~_-~~~~ 'l~ ~ ~ '1 EMERSON _ -DUPON7 ~ ,, ~ o ~~ ~c~e~ / n ~ DU P,ON 7.. -~ BRYANT 1 ~a lj~~~~~\~~\ 1~ r1,` o ~~~i ~•BRYANT i PPP ~ U L-~ ~ I : /~ `~~ ~ / ~/~ I~ I\t l l Z ALDRICM ~ _ 3~ m; ~~'" ~ ~ -~i I~~ AL DRICH D. ~ \ LYN DALE AVE ~~... 1 ~ LY NDA LE AVE GARFIE LD I ~~ ~ ~[~ r~''~JJ1 ~~h J ,~~ ~ ~~~ GARFIELD HARRIET ~_ ~~ _ i_J ~.L~_~ JL~J'~_' l `- ~~\ (-.~>~ T / ~^~~~ I HARRIET C m GRAND II u ~ ~ ~~].~ IIUIiU - ICJ (~~~ ~~~II.I .GRAND. ~_ ~- ~~_ ~_ _~. _ . ~._ !' ~~~ ._ _~ ~_ _ L _lO ~~_ _ _ ~~_ Iii PLEASANT ~ "T. PLEASANT -- - - - rrI - - ~~ ~ i PILLSBURY `~i ~ ~ ~ ~^~~ ~~. I~~~ ~0~. ~ PILLSBURY ~~ 0.. WENTWORTH`~~ ~ ~~~ ~, ~LJ I J~~li' WENT WORTH ~. m _ - ~ BL AIG DELL LI~~ .~~~~ '~ ~ , ~ ~~ I I. BL AISDELL (.Q~ ~ -N ICOLLET 4VE ~~, ~ -`~~~~~~0`~~-- ~~~~ ~~ j`~' NICOLLET AVE ~~" X ~~ ~~ ~~L _J:~1~.1 ~, CJ L-J~ ~ S7EVEN5 ~_ ~~ .. ~. STEVENS 2r,d -~ o ~or~~~c:~ ~ o ~ X00 ~~ 2nE -- ~ 3rd : CD f~~I~~O~CI - OO~~ , 3r4 ,m m CIIN TON ~ ~~~~~~~~~ ~ ~4.Ih. rl~- I ~~L1~~~.~ ~~ LJ~~~ 41hNTON. ~~ ~ ~~~ Q ~~J~' ~~~ s,h ~ SI PORTLAND AV Eh ~'I`1~`-~~ ~0~ I ' ~~~r~~~ ~ ~I~ PORTLAND AVE. m OAKLAND I~I 0.--' - ~OOC~ ~ ~ -' I J I_)II:. ~ OAK L4ND N PARK I i~~~-~~~~~i~ 0~~~~ 1-. PARK ,D COLUMBUS '-'~~ - m i COLUMBUS CHICAGO i~~l,-,~~~~- ~~0~~~ n ~ I CHICAGO.. (~ " o ~ III -COO ~~~L_-~I ~I ~ m z~ ELL10T ;~ Ih III moo 00 ~~~~ I,,~ ~3,~ ~~,~11~JOOj -~~nOCJ[~~rOOO~O 13;h 141h I~~~~ _ ~~~_ ~~OOL_~~~~ IS Ih _ CIS Ih ~ I` I~~C~ \~r ~I~ ~~ ~~~~ BLOOMINGTON BLOOMINGTON - r~~~~, JJJJ '~r ~~~~ ~~ ~ ~~~C-~]C~~~Q-']C~~ l `~ 16,1, 1711, i C~~Jr~J~C- 1 - CEDAR LAVE ' ~E -~1 ~~ _._ 1r'-=JI.~JO~OOL-)t,..L CEDAR AVE. LONGFELiOw - -- ~- ---=~_ ..d --..-~IIIE.-_,I~~~'-`-T-~~I~-- -'-- LONGFEiLOw ~m ~m ~ L J N V~ I,. J~I~ _ - - - ~ ~ ~~~ zoln m z zl t1 m ZCi in r- 22 ne V ~ (l~I ~~~r~ ~I~7_~ STA NDISH C .-. O tp m tP W -C Cr A N APPENDIX B PROPERTY LOCATED IN TAX INCREMENT FINANCING DISTRICT "A-1" ORIGINAL NET PIN NUMBER ADDRESS TAX CAPACITY* 26-028-24-11-0024 6351 Bloomington Ave. So. $ 547 26-028-24-12-0083 6332 - 15th Ave. So. S 1,506 26-028-24-12-0087 6349 - 14th Ave. So. S 1,458 26-028-24-12-0114 6325 - 15th Ave. So. S 1,611 26-028-24-13-0046 6425 - 15th Ave. So. S 1,347 26-028-24-13-0047 6415 - 15th Ave. So. $ 520 26-028-24-13-0049 6407 - 15th Ave. So. S 541 26-028-24-13-0051 6400 - 15th Ave. So. S 513 26-028-24-13-0079 6518 - 15th Ave. So. S 1,362 26 028 24 13 0 02 - - - - 1 6538 Bloomington Ave. So. $ 501 26-028-24-13-0115 6501 - 15th Ave. So. $ 444 26-028-24-14-0096 6401 Bloomington Ave. So. S 466 26-028-24-14-0116 6507 Bloomington Ave. So. $ 541 27-028-24-42-0068 6612 - 2nd Ave. So. $ 519 33-028-24-42-0014 7435 Emerson Ave. So. S 469 34-028-24-11-0079 7039 - 5th Ave. So. $ 528 34-028-24-12-0085 7129 - 1st Ave. So. $ 1,602 34-028-24-13-0094 7216 - 1st Ave. So. S 1,584 34-028-24-14-0041 7320 - 5th Ave. So. S 1.671 Total S 17,730 *Original Net Tax Capacity for taxes payable in 1990. -35- ' APPENDIX C ESTIMATE OF TAX INCREMENTS FOR • TAX INCREMENT FINANCING DISTRICT "A-1" ....... RANGE .. ..... A. VALUE OF NEW CONSTRUCTION Per Home Per Home Construction Cost (Land & Bldg) 5110,000 $140,000 x Sales Ratio 92.00$ 92.00$ Estimated Market Value $101,200 5128,800 B. TAX INCREMENT VALUE Estimated Market Value 5101,200 $128,800 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ $68,000 $ 680 $ 680 2.00$ $32,000 640 640 3.00$ Balance 36 864 New Tax Capacity S 1,356 S 2,184 - Original Net Tax Capacity (Avg.) - (507) -------- - (507) ---- Captured Net Tax Capacity $ 849 ---- $ 1,677 x Tax Capacity Rate (1990) 102.964$ 102.964$ Annual Tax .Increment $ 874 S 1,727 x 19 Homes S 16,609 $ 32,807 C. ESTIMATE OF NET AD VALOREM PROPERTY TAXES Estimated Market Value . 5101,200 5128,800 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ 568,000 $ 680 $ 680 2.00$ $32,000 $ 640 $ 640 3.00$ Balance S 36 $ 864 New Tax Capacity S 1,356 S 2,184 x Tax Capacity Rate 102.964$ 102.964$ - Net Ad Valorem Taxes (per home) -------- - S 1,396 -------- S 2,249 x.19 Homes S 26,528 $ 42,726 _ -36- APPENDIX D BUDGET TAX INCREMENT FINANCING DISTRICT "A-1" Property Acquisition (Incl. Appraisals) $ 1,009,393 Demolition/Site Clearance $ 114,950 Legal Expenses $ 16,326 TOTAL GROSS EXPENDITURE $ 1,140,669 • -37- APPENDIX E ESTIMATE OF IMPACTS ON OTHER TAXING JURISDICTIONS TAX INCREMENT FINANCING DISTRICT "A-1" The impact of the use of tax increment tax dollars for project costs is estimated in Table I for each taxing jurisdiction. This estimate is based on development activities discussed in this plan. The figures do not include possible tax increments derived from changes in tax capacity rates, tax capacity ratios, or inflation factors. TABLE I TIF DIST. TIF DIST. -- MOST RECENT ORIGINAL WITHIN TAX CAPACITY NET TAX TAXING (TAXES 1990) CAPACITY JURISDICTION TAXING JURISDICTION City of Richfield S 23,421,750 $ 17,730 0.0757$ Hennepin County 1,034,463,652 17,730 0.0017$ School Distr. #280 33,115,397 17,730 0.0535$ Vo-Tech. School 661,852,490 17,730 0.0027$ Water Shed #3 270,526,740 17,730 0.0066$ Miscellaneous: Met Council* 51,034,298,323 $ 17,730 0.0017$ Regional Transit Bd. 1,034,298,323 17,730 0.0017$ Mosquito Control 1,011,958,476 17,730 0.0018$ Hennepin Parks 704,425,509 17,730 0.0025$ Regional Railroad 1,034,,463,652 17,730 0.0017$ Park Museum 1,034,463,652 17,730 0.0017$ *Portion within Hennepin County only. Considering all of the taxing jurisdictions, it can be seen from Table I above that the city, school, and county districts will retain 99$ of each respective district available for normal growth of tax base or valuation. Applying the percentage of the total tax capacity rate (taxes payable in 1990) levied by each taxing jurisdiction to the projected captured tax capacity resulting from the new program ~I -38- • reveals the annual use of tax dollars for project costs as it affects each taxing jurisdiction. Based on the analysis in Appendix C, Estimate of Tax Increment, Table II represents the amount of increment which is attributed to each taxing body. ................................................................. TABLE II ..............RANGE MINIMUM............... k TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ S 3,316 Hennepin County 27.916 27.1 4,503 School Distr. #280 47.638 46.2 7,685 Vo-Tech. School 1.103 1.1 178 Water. Shed #3 0.120 0.1 19 .- Miscellaneous** 5.631 5.5 908 Total 102.964$ 100.0$ $16,609 ..............RANGE MAXIMUM............... ~ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 6,550 Hennepin County 27.916 27.1 8,895 -• School Distr. #280 47.638 46.2 15,179 Vo-Tech. School 1.103 1.1 351 Water Shed #3 0.120 0.1 38 Miscellaneous** 5.631 5.5 1,794 Total 102.964$ 100.0$ $32,807 The tax increments derived from prospective development in the tax increment district would not be available to any of the taxing jurisdictions were it not for public intervention by the HRA. The increase in tax capacity value due to development will be delayed for application to the tax capacity rate levy for the duration of the tax increment district. This new tax capacity value could eventually permit a levy decrease. If it could be assumed that the captured tax capacity was available for each taxing jurisdiction, the use of tax dollars for project costs -39- represented as tax increments may be determined. This determination is facilitated by estimating how much the levy for property outside of the tax increment district would have to be adjusted to compensate for the temporary use of new development tax dollars in each taxing jurisdiction. Table III represents the additional tax capacity rate that would be required to be levied by each taxing jurisdiction to compensate for the use of the project's tax increment tax dollars for project costs. TABLE III ..............MINIMUM IMPACT .............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,404,020 0.142 $ 3,316 Hennepin County 1,034,445,922 0.004 4,503 School Distr. #280 33,097,667 0.232 7,685 Vo-Tech. School 661,834,760 0.000 178 Water Shed #3 270,509,010 0.000 19 Miscellaneous** 1,034,445,922 0.001 908 ..............MAXIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,404,020 0.280 $ 6,550 Hennepin County 1,034,445,922 0.009 8,895 School Distr. #280 33,097,667 0.459 15,179 Vo-Tech. School 661,834,760 0.001 351 Water Shed #3 270,509,010 0.000 38 Miscellaneous** 1,034,445,922 0.002 1,794 *Tax increment district tax capacity value subtracted from taxing jurisdiction tax capacity. **Miscellaneous value based on Hennepin County tax capacity. -40- • DRAFT 6/13/90 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "B" AND TAX INCREMENT FINANCING PLAN FOR - TAX INCREMENT REDEVLOPMENT DISTRICT "B-1•' • OF THE EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM DATED: 1990 _________________________________________________________________ PREPARED BY: The City of Richfield Department of Community Development Housing and Redevelopment Division 6700 Portland Avenue South Richfield, MN 55423 (612) 861-9760 -41- • • -42- • TABLE OF CONTENTS Part I. Redevelopment Plan for Redevelopment Project Area "B" PAGE A. Statement of Public Purpose 45 H. Statutory Authority 45 C. Description of Redevelopment Project Area. 46 D. Statement of Goals and Objectives 47 E. Development Activities and Agreements 48 F. Proposed Land Use 50 G. Acquisition and Relocation Activities 50 H. Environmental Considerations 51 I. Redevelopment Plan Modification. 51 J. Administration of Redevelopment Project 51 Part II. Tax Increment Financing Plan for Tax Increment Redevelopment District "B-1" A. Statutory Authority 52 B. Statement of Objectives 52 C. Development Program 52 D. Description of Property in the Tax Increment Financing District 53 E. 1 C assification of the Tax Incr m n e e t Financing District 53 F. Parcels In Acquisition 55 G. Estimate of Costs ": 55 H. Estimated Amount of. Obligated Funds. -43- I. Sources of Revenue 55 J. Original Tax Capacity 56 K. Estimated Captured Tax Capacity 56 L. Duration of the District 56 M. Estimated Impact on Other Taxing Jurisdictions. 56 N. Modifications of the Tax Increment Financing District 57 O. Limitation on Administrative Expenses 57 P. Limitation on Duration of Tax Increment Financing Districts 57 Q. Limitation on Qualification of Property in Increment District not Subject to Improvement. 57 R. Limitation of the Use of Tax Increment 58 S. Notification of Prior Planned Improvements 58 T. Excess Tax Increments 59 U. Restrictions on Pooling; Five-Year Limit. 59 V. Assessment Agreements 61 W. Administration of the Tax Increment Financing District and Maintenance of the Tax Increment Account 61 X. Annual Disclosure Requirements. 62 Y. Assumptions 62 Z. Municipal Findings 62 Appendix A: Map: Redevelopment Project Area "B". 67 Appendix B: Property in the Tax Increment Redevelopment District "B-1" 69 Appendix C: Estimate of Tax Increments. 70 Appendix D: Tax Increment Financing Budget. 71 Appendix E: Estimate of Impacts on Other Taxing Jurisdictions ~. 72 • • • -44- • Draft.6/13/90 PART I. REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA "B" A. Statement of Public Purpose Lt is found that there is not in this city a sufficient supply of adequate-safe and sanitary dwelling accommodations; that in certain areas thereof there exist substandard conditions, unsafe-and unsanitary housing and buildings and structures used or intended to be used for living; which by reason of sociological and technological changes, dilapidation, obsolescence, overcrowding,. and faulty arrangement or design of building and improvements, lack of public facilities, ventilation, light and sanitary facilities, or deleterious land use, or obsolete layout, or any combination of these and other factors are injurious to the health, safety, morals :and welfare of the citizens of this state; cause an increase and spread of crime, juvenile delinquency and disease, inflict blight upon the economic value of large areas; threaten the source of public revenues while decentralizing communities to areas improperly planned and not related to public facilities; and require many citizens to occupy unsafe, unsanitary and overcrowded dwellings. Therefore, in order to respond to public interest and protect. the overall economic stability of the housing area, redevlopment of neighborhoods is required to create an economic environment which fosters the growth of a healthy residential base and encourages private enterprise to engage in redevelopment and new construction to be implemented in accordance with a comprehensive community plan. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) and the City Council of the City of Richfield, Minnesota (City) have determined that public intervention is necessary in Redevelopment Project Area "A" (Project Area "B") of the Expanded New Home - Scattered Site •• Housing Program (Housing Program) in order to achieve goals and objectives for the area. H. Statutory Authority The statutory authority for the undertaking of a redevelopment project in Project Area "B" and the activities proposed in the redevelopment plan relating thereto is conferred upon the HRA pursuant to and in accordance with the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001 to 469.047, inclusive, as amended. Specifically, Minn. Stat., Sec.. 469.027 establishes the requirements for redevelopment plan preparation by an HRA prior to undertaking property acquisition, redevelopment, development and other related improvements. -45- C. Description of the Redevelopment Project Area • -In order to guide development and redevelopment in Project Area "B", the HRA has created this redevelopment plan. Pursuant to Minn. Stat., Sec. 4b9.002, subd. 12, the proposed project. meets the definition of a redevelopment project, defined in Minn. Stat., Sec. 469.002, subd. 14, and will henceforth, be referred to as the redevelopment project. The boundary for Project Area "B" encompasses all that real property within an area described as follows: Beginning at the intersection of the southerly right-of-way line of State Highway, No. 62 and .the easterly right-of-way line of Oliver Avenue South, thence in a line easterly more or less, along said southerly right-of-way line to its ' intersection with the westerly right-of-way line of Lyndale Avenue South. Thence, southerly along said westerly right- of-way line to its intersection with the southerly right- of-way ine of West 63rd Street. .Thence, westerly along said. southerly right-of-way line to its intersection with the westerly right-of-way line of Aldrich Avenue South. Thence, southerly along said westerly right-of-way line to it intersection with the southerly property line of Lot 4, Hlock, 2, Ray's Lynnhurst Second Addition. Thence, westerly along said southerly property line, as extended to its intersection with the easterly property line of Lot 9, . Block 2,_Ray's Lynnhurst Second Addition. Thence, southerly along said easterly property line, as extended, to its intersection with the southerly property line of Lot 5, Block 2, Ray's Lynnhurst. Second Addition. Thence, westerly along said southerly property line, as extended, to its intersection with the southerly right-of-way line of Mildred Drive. Thence., westerly more. or less, along said southerly right-of-way line to its intersection with the easterly right-of-way line of Emerson Avenue South. Thence, southerly along said easterly right-of-way line to its intersection with the northerly property line of Lot A, Silverwood Second Addition. Thence, easterly along said northerly property line, as extended, to its intersection with the easterly property line of Lot A, Silverwood Second Addition.. Thence, southerly-along said easterly property line, as extended, to its intersection with the southerly right-of-way line of West 66th Street. Thence, westerly along said southerly right-of-way line to its intersection with the. westerly right-of-way line of Humboldt Avenue South. Thence, southerly along said westerly right-of-way line to .its intersection with the northerly right-of-way line of West 69th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Irving Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the southerly right-of-way line of West 72nd Street. Thence, easterly along said .southerly right- of-way line to its intersection with the westerly right-of- -46- • way line of Humboldt Avenue South.. .Thence,. southerly along said westerly right-of=way line to `its intersection with the northerly right-of-way line of West 73rd Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Penn Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of West 74th Street. Thence, westerly along said northerly right-of-way line to its intersection with the westerly right-of-way line of Sheridan Avenue South. Thence, southerly along said westerly right-of-way line to its intersection with the northerly right-of-way line of West 76th Street. Thence, westerly along said northerly right-of-way line to its intersection with the easterly right-of-way line of Xerxes Avenue South. Thence, ..northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West 66th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly right-of- way line of Russell Avenue South. Thence, southerly .along said easterly right-of-way line to its intersection with the northerly property line of Lot 23, Block 2, Tingdale Brothers Lincoln Hills. Thence, easterly along said northerly property line, as extended, to its intersection - with the easterly property line of Lot 23, Block 2, Tingdale Brothers Lincoln Hills. Thence, southerly along said easterly property line, as extended, to it intersection with the southerly right-of-way line of West 67th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly property line of Lot 24, Block 16, Tingdale Brothers Lincoln Hills. Thence, southerly along said easterly property line, as extended, to its intersection with. the northerly right-of- way line of West 69th Street. Thence, easterly along said northerly right-of-way line to its intersection with the easterly right-of-way line of Penn Avenue South. Thence, northerly along said easterly right-of-way line to its intersection with the southerly right-of-way line of West •~ 68th Street. Thence, easterly along said southerly right- of-way line to its intersection with the easterly right-of- way line of Oliver Avenue South. Thence, northerly more of less, along said easterly right-of-way line, as extended, to the point of beginning. (Also refer to Appendix A, Map: Project Area "H".) D. Statement of Goals and Objectives The HRA determines that it is necessary, desirable, and in the public interest to undertake a redevelopment project in the City pursuant to the provisions of Minn. Stat., Chapter 469, as amended. The HRA determines that the funding of the necessary activities and improvements in the redevelopment project area shall be accomplished through the use of tax increment financing and other revenue sources available to the HRA and City. -47- The following goals and objectives are intended to serve as a • basis for guiding activities in the redevelopment project area: 1. To develop strategies to encourage development and redevelopment of single family homes. 2. To maintain a positive environment within the residential community. 3. To enrich the quality of life for residents through planning. 4. To recognize the needs of all segments of the populace through diversity in housing stock which is a major determinant of the living environment. 5. To achieve a high level of design quality to enhance the physical environment. 6. To achieve a balanced variety of housing stock appropriate to the market area. 7: To enhance the residential tax base of .the community. 8. To protect the surrounding residences from the adverse effects of dilapidation and deterioration. 9. To eliminate unsightly, blighting, deteriorated, and substandard structures. 10. To provide an expanded range of housing opportunities of sufficient quality and size through development, redevelopment and new consttruction. 11. To provide maximum opportunity, consistent with the needs of the city for development by private enterprise. 12. To coordinate elements of the City's Comprehensive Plan with these project objectives. E. Development Activities and Agreements The objectives of this redevelopment plan will be accomplished pursuant to the authority granted to the HRA by the Housing and Redevelopment Authorities Act, Minn. Stat., Sec. 469.001, et seQ• The following activities are appropriate for the area. Descrirtion of Anticipated Public Development Activities The anticipated public development activities in the redevelopment project area to be undertaken by the HRA 'and City -48- • in order to support the private development activities include: 1. Property acquisition; 2. On-site clearance; 3. On-site improvements; 4. Remedial site environmental activities; and 5. Adjacent public improvements and utilities which service site. Description of Anticipated Private Development Activities The private development activities within the project area which are anticipated to occur include: 1. Property acquisition; 2. On-site clearance; ~. On-site improvements; ~ - 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. Any and all proposals for development and redevelopment will be reviewed by the HRA and City, when appropriate,. to determine conformance with the redevelopment plan and applicable municipal ordinances and codes. Property acquired by the HRA will be subject to a contract for sale to the developer. The general requirements to be imposed upon the developer by the contract for sale are: 1. To redevelop the property purchased in accordance with this redevelopment plan; 2. To commence and complete the construction of improvements on the property within specified periods of time; 3. Not to resell the property before improvements are made without the prior consent of the HRA; and 4. Not to discriminate on the basis of age, race, color, sex, creed, or national origin on the sale, lease, transfer, or occupancy of the property purchased from the HRA. -49- F. Proposed Land Use The current land uses in the redevelopment project area include the following: - Single family residential; - Apartment; - Duplex; - Commercial; - Parks; - Vacant; and - Quasi-public (e.g. churches, cemetery, nursing homes, private schools, and service organizations). New uses will be restricted to single family residential. G. Acquisition and Relocation Activities 1. Acquisition As a means of comprehensively formulating an expanded New Home Program, HRA staff recently undertook the following tasks to identify property for acquisition: a. Analysis of residential property tax records with estimated property values less than or equal to 555,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. The following property has been identified .for acquisition for Cycle I of the program: PID NUMBER 28-028-24-11-0041 28-028-24-11-0067 28-028-24-12-0046 28-028-24-22-0079 28-028-24-24-0046 ADDRESS 6300 Aldrich Ave. So. 6315 Dupont Ave. So. 6321 Humboldt Ave. So. 6313 Morgan Ave. So. 6424 James Ave. So. 28-028-24-34-0052 6813 Logan Ave. So. -50- • • 33-028-24-21-0078 7145 James Ave. So. 33-028-24-24-0071 7210 James Ave. So. 2. Relocation The HRA accepts as binding its obligations under provisions of federal and state law (Minn. Stat., Sec. 117.50 through 117.56) for relocation. H. Environmental Considerations Generally, the redevelopment project area is developed. All proposed .public and private development resulting from this plan will be evaluated against existing environmental regulations. I. Redevelopment Plan Modification All redevelopment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.029, subd. 6. J. Administration of Redevelopment Pro3ect The redevelopment project and related housing program will be - administered by the Richfield Housing and Redevelopment Authority. • -51- Draft 6/13/90 - • TAX INCREMENT FINANCING PLAN FOR •TAX INCREMENT REDEVELOPMENT DISTRICT "B-1" A. Statutory Authority The statutory authority for the undertaking of a tax increment financing district (TIF District "8-1") in Redevelopment Project Area "B" (Project Area "B") for the Expanded New Home - Scattered Site Housing Program (Housing Program) and the activities proposed in the tax increment plan relating thereto is conferred upon the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), pursuant to and in accordance with the Tax Increment Financing Act, Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended. B. Statement of Objectives The HRA and the City seek to achieve the goals and objectives set forth in Part I of the Redevelopment Plan. C. Development Program 1. Description of On January 16, staff to proceed w, Program. In order initially identify participation, the Development Activities 1990, the HRA adopted a motion directing ith the formulation of an expanded New Home to gauge interest in the new program and residential property for program following tasks were undertaken: a. Analysis of residential property tax records with estimated property values less than or equal to $55,000; b. Survey residential property owners to gauge interest in the new program and identify potential sellers and time frame for voluntary acquisition; c. Evaluation of survey results including identification of sellers indicating desire for immediate program participation and voluntary sale of property; and d. Evaluation of properties for program eligibility. A comprehensive, integrated approach for acquisition, site clearance, and new construction has been formulated and will be provided through program guidelines. The HRA will assist prospective developers with development, redevelopment, new construction, and other related activities within the context of this Plan, the Redevelopment Plan and other related guidelines. -52- 2. Development Actf.vities Covered by Contract Currently, there are no development contracts. 3. Other Development Not Under Contract Reasonably Expected to Occur in the Proiect. Proposals from prospective developers will be required to be submitted to the HRA as part of the review process. The following activities may be expected to occur: 1. Property Acquisition; 2. On-site clearance; 3. On-site. improvements; 4. New construction; 5. Remedial site environmental activities; and 6. Adjacent public improvements and utilities which service site. - For Cycle I of the Housing Program, a total of 27 properties have been identified for program participation and acquisition. Nineteen of the properties are located within Redevelopment Project Area "A" while the remaining eight are within Redevelopment Project Area "B". (Refer to Appendix A for map of Redevelopment Project Areas.) Redevelopment Project Area H contains two properties with double lots. With property subdivisions, two additional homes will be constructed. Initial construction for Cycle I is anticipated to begin toward the end of the last quarter of calendar year 1990, with construction for each home to run approximately 120 days. Timing of construction is contingent upon favorable market conditions, reasonable time period for processing applications and availability of funding revenue. D. Description of Property in the Tax Increment Financing District Property located within TIF District "B-1" is identified in Appendix H. E. Classification of the Tax Increment Financing District The Richfield HRA and City Council, in determining the need for a tax increment financing district in accordance with Minn. Stat., Sec. 469.174 to 469.179, inclusive, as amended, find that the district to be established within Project Area "B" is a -53- redevelopment tax increment financing district as defined in Minn. Stat., Sec. 469.174, subd. 10: It has been ascertained that parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. ""Structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate. egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." "A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building 'code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. If the evidence supports a reasonable conclusion that the building is not disqualified as structurally substandard, the municipality may make such a determination without an interior inspection or an independent expert appraisal of the cost of repair and rehabilitation of the building." Since the tax increment parcels within the scattered site program are non-contiguous, each parcel has been examined by staff against the statutory definitions of structurally substandard and other blight definitions. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus,. the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. -54- • • F. Parcels in Acquisition The following property has been identified for acquisition: PIN NUMBER 28-028-24-11-0041 28-028-24-11-0067 28-.028-24-12-0046 28-028-24-22-0079 28-028-24-24-0046 28-028-24-34-0052 33-028-24-21-0078 33-028-24-24-0071 ADDRESS 6300 Aldrich Ave. So. 6315 Dupont Ave. So. 6321 Humboldt Ave. So. 6313 Morgan Ave. So. 6424 James Ave. So. 6813 Logan Ave. So. 7145 James Ave. So. 7210 James Ave. So. The tax increment district budget includes acquisition costs for subsidy purposes which will be offered to developers as development incentives. G. Estimate of Costs The estimate of public costs associated with the tax increment district are outlined in the budget listed in Appendix D. H. Estimated Amount of Obligated Funds At the current time, approximately $1 million is available to implement this program. Repayment of these funds will be through the use of tax increment financing and other sources of revenue available to the HRA and City. An estimate of the amount of bonded indebtedness for redevelopment is expected to be $0. The term of the issues is 0 years including 0 years of capitalized interest with an anticipated taxable interest rate of 0$. The amount of capitalized interest is estimated to be $0. I. Sources of Revenue The primary source of revenue to be used to finance public costs associated with proposed developments in the redevelopment project area is tax increment. In addition to the tax increment revenue, other sources of revenue potentially available to the HRA and City may be utilized. -55- J. Original Tax Capacity Pursuant to Minn.. Stat., Sec. 469.175, subd. 1 and Sec. 469.177, subd. 1, the Original Net Tax Capacity (OTC) for TIF District "B-1" is based on the January 2, 1990 assessed value placed on the property by the county assessor. The OTC for the district is 56,415. (See Appendix B, Property Located in Tax Increment Financing District "B-1".) Each year the office of the county auditor will measure the amount of increase or decrease in the total net tax capacity of the tax increment district to calculate the tax increment payable to the redevelopment district fund. In any year in which there is an increase in total net tax capacity in the tax increment district above the original net tax capacity, a tax increment will be payable. In any year in which the total net tax capacity in the tax increment district declines below the original net tax capacity, no tax capacity will be captured and no tax increment will be payable. The county auditor shall certify in each year after the .date the original net tax capacity was certified, the amount the OTC has increased or decreased as a result of: 1: Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; or 3. Change due to stipulations, adjustments, negotiated or court-ordered abatements. K. Estimated Captured Tax Capacity Pursuant to Minn. Stat., Sec. 469.175, subd. 1 and Minn. Stat., Sec. 469.177, ,subd. 2, the estimated captured net tax capacity (CTC) of the tax increment district is within a range of 5931 to 51,759 per home. The total CTC for ten new homes within the project area ranges from $9,310 to 517,590. As a result of the improvements to be constructed, it is expected that the estimated captured net tax capacity will be available for the housing program. It is also anticipated that this amount will be captured not more than 25 years. (See Appendix C, Estimate of Tax Increments). L. Duration of the District Pursuant to Minn. Stat., Sect. 469.176, subd. 1, the maximum duration of a redevelopment tax increment district is 25 years. The HRA elects to capture 100$ of the tax increments for the duration of the district. M. Estimated Impact on Other Taxing Jurisdictions Refer to Appendix E, Estimate of Impacts on Other Taxing Jurisdictions. -56- N. Modifications of the Tax Increment Financing District All tax increment plan modifications will be processed in accordance with Minn. Stat., Sec. 469.175, subd. 4. The modifications pertaining to the necessary processing include any reduction or enlargement of the geographic area of the project or tax increment financing district; increase in amount of bonded indebtedness to be incurred, including a determination of capitalized interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; increase in the portion of the captured tax capacity to be retained by the HRA; increase in total estimated tax increment expenditures or designation of additional property to be acquired by the HRA shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original plan. .The .geographic area of a tax increment district may be reduced, but shall not be enlarged after five years following the date of certification of the original tax capacity by the County Auditor. O. Limitation on Administrative Expenses -- In accordance with Minn. Stat., Sec. 469.174, subd. 14, and Minn. Stat., Sec. 469.176,. subd. 3, for districts for which certification was requested after June 30, 1982, no tax increment shall be used to a an administrative ex enses fora ro ect P Y Y P P j which exceed ten percent of the total tax increment expenditures authorized by the tax increment financing plan or the total tax increment expenditures for the project, whichever is less. P. Limitation on Duration of Tax Increment Financing Districts Pursuant to Minn. Stat., Sec. 469.176, subd. 1, the HRA must issue bonds, or acquire property, or construct or cause public improvements to be constructed within three years of the date of certification of the tax increment district by the county auditor. Q. Limitation on Qualification of Property in Tax Increment District Not Subject to Improvement Pursuant to Minn. Stat., Sec. 469.176, subdivision 6, "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district..., no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but .not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the HRA or by the owner of the parcel in accordance with the tax'increment financing plan, no additional tax increment may be taken from that parcel, and the original net tax capacity of that parcel -57- shall be excluded from the original net tax capacity of the tax increment financing district. If the HRA or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the HRA shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district." R. Limitation on the Use of Tax Increment All revenues derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public redevelopment costs pursuant to Minn. Stat., 469.001 to 469.047, inclusive, as amended. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction or renovation of a municipally owned building used primarily and regularly for conducting the business of the municipality. This provision shall not prohibit the use of revenues derived from tax increments for the construction or - renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. Pursuant to Minn. Stat., Sec. 469.176, subd. 4j, at least 90 percent of the revenues derived from tax increments from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of a redevelopment district under section 469.174. These costs include acquiring properties containing structurally substandard buildings or improvements, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition of structures, clearing of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. S. Notification of Prior Planned Improvements Pursuant to Minn. Stat., Sec. 469.177, subd. 4, the HRA will review and search property files for properties to be included in the tax increment district and to identify those properties for which building permits have been issued during the 18 months immediately preceding approval of the tax increment financing plan by the City. -58- T. Excess Tax Increments Pursuant to Minn. Stat., Sec. 469.176, subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the tax increment plan, including the amount necessary to cancel any tax levy as provided in Minn. Stat., Sec. 475.61, subd. 3, the HRA shall use the excess amount to: 1. Prepay the outstanding bonds; 2. Discharge the pledge of tax increment therefor; 3. Pay into an escrow account dedicated to the payment of such bond; 4. Repay any loans including interest on these laans; or 5. Return the excess to the county auditor for redistribution to the respective taxing jurisdictions in proportion to their tax capacity rates. The amounts distributed to a city or county must be deducted from the levy limits of the governmental unit for the following year. In calculating the levy limit base for later years, the amount deducted must be treated as a local government air payment. For the purpose of this tax increment financing plan, excess tax increment means that increment received in any year which is in addition to the amount needed to satisfy the HRA's current financial obligations or commitments, as specified in the tax increment financing budget listed in Appendix D, or which is in addition to that which is placed in a separate account for the purpose of accumulating funds needed to satisfy those financial obligations or commitments in the future. U. Restrictions on Pooling; Five-Year Limit In accordance with Minn. Stat., Sec. 469.1763, the following terms have the meanings given: "Activities" means acquisition of property, clearing land, site preparation, soils correction, removal of hazardous waster or pollution, installation of utilities, construction of public or private improvements, and other similar activities, but only to the extent that tax increment revenues may be spent for such purposes under other law. Activities do not include allocated administrative expenses, but do include engineering, architectural, and similar costs of the improvements in the district. "Third party" means an entity other than (1) the person receiving the benefit of assistance financed with tax increments, -59- or (2) the municipality or the development authority or other person substantially under the control of the municipality. Pursuant to Minn. Stat., Sec.. 469.1763, subd. 2 with respect to expenditures outside the district: (a) For each tax increment financing district, an amount equal to at least 75 percent of the revenue derived from tax increments paid by properties in the district must be expended on activities in the district or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities in the district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of the revenue derived from tax increments paid by properties in the district may be expended, through a development fund or otherwise, on activities outside of the district but within the defined geographic area of the project except to pay, or secure payment of, debt service on credit enhanced bonds. The revenue derived from tax increments for the district that are expended on costs under section 469.176, subdivision 4h, paragraph (b), may be deducted first before calculating the percentages that must be expended within and without the district. Pursuant to Minn. Stat., Sec. 469.173, subd. 3 with respect _ to the five-year rule: (a) Revenues derived from tax increments are considered to have been expended on an activity within the district under subdivision 2 only if one of the following occurs: (1) before or within five years after certification of the district, the revenues are actually paid to a third party with respect to the activity; (2) bonds, the proceeds of which must be used to #inance the activity, are issued and sold to a third party before or within five years •• after certification and the revenues are spent to repay the bonds; (3) binding contracts with a third party are entered into for performance of the activity before or within five years after certification of the district and the revenues are spent under the contractual obligation; or (4) costs with respect to the activity are paid before or within five years after certification of the district and the revenues are spent to reimburse a party for payment of the costs. -60- (b) For purposes of this subdivision, .bonds include subsequent refunding bonds if one of `two tests is met: (1) the proceeds of the original refunded. bonds were spent on activities within five years after the district was certified or (2) the original refunded bonds are issued within five years after the district was certified and the proceeds are expended on activities within a reasonable temporary period within the meaning of the use of that term under section 148(c)(1) of the Internal Revenue Code. Pursuant to Minn. Stat., Sec. 469.173, subd. 4 with respect to use of revenues for decertification: Beginning with the sixth year following certification of the district, 75 percent of the revenues derived from tax increments paid by properties in the district that remain after the expenditures permitted under subdivision 3 must be used only to pay outstanding bonds, as defined in subdivision 3, paragraph (a), clause (2), and paragraph (b) or contracts, as .defined in subdivision 3, paragraph (a), clauses (3) and (4). When the outstanding bonds have been defeased and when sufficient money has been set aside to pay contractual obligations as defined in subdivision 3, paragraph (a), clauses (3) and (4), the district must-be decertified and the pledge of tax increment discharged. - V. Assessment Agreements Pursuant to Minn. Stat., Sec. 469.177, subd. 8, the HRA may enter into an agreement in recordable form with the developer of property within the tax increment district which establishes a minimum market value of the land and completed improvements for the duration of the tax increment district. The assessment agreement shall be presented to the county assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and so long as the minimum market value contained in the assessment agreement appears in the judgment of the assessor, to be a reasonable estimate, the assessor may certify the minimum market •• value agreement. W. Administration of the Tax Increment District and Maintenance of the Tax Increment Account Administration of the tax increment district will be the responsibility of the Richfield Housing and Redevelopment Authority. The tax increment received as a result of increases in the net tax capacity of the tax increment district will be maintained in a special account separate from all other HRA and municipal accounts and expended only upon sanctioned activities identified in the tax increment financing plan. -61- X. Annual Disclosure Requirements Pursuant to Minn. Stat., Sec. 469.175, subd. 6a, on or before March 1 of each year, the HRA must annually report to the commissioner of revenue the following: 1. Total principal amount of nondefeased tax increment financing bonds that are outstanding at the end of the previous calendar year; and 2. Total annual amount of principal and interest payments that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. Also in accordance with this requirement the HRA must annually report to the commissioner of revenue the following amounts for the tax increment financing district: 1. Type of district; 2. Date on which the district is required to be decertified; 3. Captured net tax capacity of the district, by property class as specified by the commissioner of revenue,-for .taxes payable in the current calendar year; 4. Tax increment revenues for taxes payable in the current calendar year; 5. Whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or may be expended on activities located outside of the .district, {ii) for deposit .into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and 6. Any additional information that the commissioner of revenue may require. Y. Assumptions It was necessary to make certain assumptions regarding income, costs and timing of the tax increment. financing district. These assumptions are based on discussions with the HRA, City, and County staff, and consultants. Z. Municipal Findings Pursuant to Minn. Stat., Sec. 469.175, subd. 3, before or at the time of approval of the tax increment financing plan, the -62- • municipality shall make the following findings and shall set forth in writing the reasons and supporting facts for each determination: 1. The Tax Increment Financing District is a redevelopment district pursuant to Minn. Stat., Sec. 469.174, subd. 10. Zt has been determined that parcels consisting of 70 percent of the. area of the district are occupied by buildings, streets, utilities or other improvements and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. Specifically, staff has examined each parcel against the statutory definitions of structurally substandard and-other blight definitions due to the non-contiguous nature of the tax increment parcels. Each structure has qualified under Minn. Stat., Sec. 469.174, subd. 10. Thus, the tax increment financing district meets the requirements of a redevelopment tax increment financing district. A detailed account of property examination for eligibility are enumerated within a document entitled "Expanded New Home - Scattered Site • Housing Program: Blight Qualification Survey" which will be on file at City Hall for the duration of the tax increment district's life. 2. The proposed activities listed in this plan, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Therefore, the use of tax increment financing is deemed necessary since the proposed development requires certain necessary planning, property assembly and other improvements without which prospective developers could not construct the aforementioned improvements; and without the use of tax increments or other revenues authorized by this plan to with the financing of the activities, prospective developers would not proceed with redevelopment in the redevelopment project area. 3. The tax increment financing plan conforms to the general plan for the development of the City as a whole as it will result in an expanded New Home Program for the development, redevelopment, new construction and other related improvements of residential homes for which there is limited • sources of revenue available. ~~~ -63- 4. The tax increment financing plan will afford • maximum opportunity, consistent with the sound needs of the City as a whole, for the development by private enterprise as it will enable the HRA to provide the necessary redevelopment for the project area and City, as a whole, in a planning manner suitable to both the public and private sectors. • -64- • DRAFT 6/13/90 APPENDICES EXPANDED NEW HOME - SCATTERED SITE HOUSING PROGRAM REDEVELOPMENT PROJECT AREA "B" AND TAX INCREMENT FINANCING DISTRICT "B-1" • • -65- r1 1.._ J _56- _ o O~. D - - O O tND ~ A W N Z xER%ES AVE r~~r - ~ JJI f ll 1 ERxES AV l ~\3 WASHBURN ~ i 9r - Jf I 1~ I~ IY J 1 JI J_J~t WASH BURN E , VINCENT 1___~~:~ _ ~~ J) ~/ ~ i ~_ ~~~ ~ 11 -- I___ r I _-_ VINCENT ~I~ ~~ J~ -_~i~ ll1 _-1_.. (~~1.~~r~-. ~!r(- __l Ir- ~ I I If -J ._~. UPTON UPTON I - 11 ~ ~f '-_ IJ ~I_.: _J l~ ~1._~I 1 ~ { I. ~ THOMAS iL-.-I~-) ~ 1 --ll. JI ~ ~-~~ ~ .THOMAS 1 _ ~-- -- -, !' I '~~ m sHekIDAN -- ~i i' ~-1~7 ~~--1~` ~ -~ Ih,r L---- ° I L-_-J _ ~ SHERIOAN _ ~ -_ _. r _ ---- 1 RUSSELL I l II I~ RU SSELL ~ OUEEN III~~ ~ ~+~ _ ~I- __) ~~~ - _ IJ `.~U I II~I.OU EEN 1~ __ ll!~___~I_~~I~1~~~ _~_ ~---~r- I~~ - _1~--~~'I~ _ _~~~ I T. PENN AVE Ir~~~I~~ l ~`___~C -~ ~__I _-_~~~ -.- f _ l~ III I( ~.1_ ~~e4 PENN AVE. Z OLIVER i .~ (y(y = r-l _l __ 1~1". ~ -_ JI - I -~ OLIVER ~.. N EN TON i ll~.fLf ll~( I_~1 ~~ ~llr_ .~Go~~ ll flf. 1 (~ lI_ _ 1 ~I-- NEWTON MORG AN i.: ._ I -.Jl ~T11 ~ ~ 7U ~~ JfIr _. I ~. JI. IL _ ~~_~~~ MORGAN ~ LDGAN y1 Ir -I KNOx ~~ _. ). /,~ Ii ~ ~.~~ ~~.~ 1 _:._ J~~C ~t)L~ll ~~~~__ KNO%. ~ JAMES I~ Il.-_ ~. ~~~ ~•. ~~.SHna~~ - ~„_ ._,.)T ~~JI_.-.~~~ ICI IRVING D IRYING '' ~ I. _ . ~ ~ _ '~ ~_ .35'6'' _ f ~nnr _~V[_ .- I. ~r ___JL~1`-.-lO HUMeOL DT HUMBOLDT (~ -- 11~-~ ~ r- i a 1 1L__ ~ I l~ ~~~I~ , Z FRIEMOND ~` ~ ~C~C ~ V I ~1 ~`( t~ 1~~_ ~G_~_C_~~/IJi GI RARD J ~~ 0 EMERSON - ~~ ~ ~ f ~ ~~ l - I EMER SON ~DU PONT llr ~ ~U -. n o ~R``~ a, j _ J~` ~~ DU PONT m. m o / i~i I ~ coLEax ,I~~ ~ ~~ ~ ~~ ~~ ,~ n ~~ ,1~, coLFA% ~ 1/ ~'~ BRYANT III ~ O ~ `. `~~ I ~~ `. B RYA NT {~ ROVS1 `~'~D ~ ~ ~ ~~ ~ Z ' AL DRICH'~l ~~ O_ ~ ~~ /$~~~- I ALDR ICH v t 'LYNDALE.avE ~~~ ~L ~~~~ ~' ~~(~~~ ~~~~ ~ ~ LYNDALEAVE. GARFIE LD I/~ ~ ll 1 \~ a GAREIELD HARRIET ~~~,/ ~ ~ ~~~~-J ~ O~II \_ ~~~ ~.I~IIi .HARRIET C m GRAND ~... ~~ ~C~U~J UO.~r~~ __~~~ ~ S~.O~~II~ GRAND ~_ PLE A'SANTI _ ~ ~_ _.,_ ~__~~_ _ _._~I Ire i-_= 1~~~__ _ ~._.J k~ Z T _ -. _ p~ _ PLEASANT i. PILLSBURY '~ ~~ r O^~ -y\-~" _ ~~ ~~~.I I PILLSBURY • WENTWORTH I~I ~ _ O~ W ~ I I WENT WORTH ~ ~, -- ~~I~f~ OOO O I, m BL AIS.DELL I ~ ~ ~I I BL AIS DELL O ~ 'N ICO LL ET `AVE ~ ~ ~~~~ \ ~~ I ~~l,I NICOLLET AVE. _~ _i' C~ -~~~~~ ~I I~J C-J ~C~L-I~ STEVENS STEVENS ~ ~ ~-`~ f ~ r--~ ~ zr,a I- ~ ~~~~CJ~__J LJ~ ~ I-J~~ ~ 2r,e -~ i o oo~~o ~ IIo Lo~o'~I `, 3rd m 3rd -. ~~~~~~~u~ ,!.'} ~.C~ y CLINTON CLIN TON ~ Lf='' o I~ ~ ~O~~C~~U~~ ~0~~ am erg 4tn I ~ n ~~~ (~ Imp t Stn ~ PORTLAND.AV Eh. ~`~IU~ ~ '~~~ - ~~ ~' ~~~I.L--... ~ ~~~ ~ .. - 1 POR TLAN D GVE m ~ OAKLAND I~:. ~ -. ~ ~~I I..~ Ir _~ ~ _, ~I 'I_I~ll ,` ~ OAKLAND N '..PARK ,I I~ ~ ~~ ~~~~~~~ ~._ ~ ,`- ~r/~`~! -~ PARK:: ODD ~O~~r+f~ 'r I COLUMBUS CDLOMBUS ;;l COOO ~QO~~ ~ '~ > " I CHID AGO CHICAGO iii (~E~I r x o D i CIAO ~~Ol ~ ~.~ m. _ { ELLIOT Z ECLIOT I1 I ~ ° iD In ~; ~o0 00 0 ~ ~ _ I ID,tt .II o00 00 ~ ~~ ~. Il .I Ln .I .n COO ISO ~ ~1L'~C~ IA In ,~~~ooc~ ~°~~o~~ooooo00 14 ~f, ~I_J~ ~~~~~ 15 rn BLOOMINGTON ~ BLOOMINGTON ail ~~~ oo . ~c~ooo~o ~~, ,61~ I16 n Ill ~~~ ~ .. ~ ~ ~~~~~ ~~ 171n C~n~~~ C? leln _ (~~~~j ` , j ~I leln _~,...~~:_ L_J ~~ UOOL~C~~~~ CEDAR AVE CEDAR AVE -_ - __ l~~-y _ .C~-~J_`_ =Lh 12_-.- 7H 77-- LON Gf EILOW _ -- - ~ -'-_ -I ~i - ~r-, ~; LONGf ELLOW II_ ~ u 19 t o p O 1 m Z ~ -I ' m^ 22~a. Z~,n '~~-~~_~'L ~ STANDISH r ., 3 ~ ~ ~ o T ;, 0 3"~~. _ ~ -, z , APPENDIX B PROPERTY LOCATED IN TAX INCREMENT FINANCING DISTRICT "B-1" ORI GINAL NET PIN NUMBER ADDRESS TAX CAPACITY* 28-02.8-24-11-0041 6300 Aldrich Ave. So. S '518 28-028-24-11-0067 6315 Dupont Ave. So. $ 511 28-028-24-12-0046 6321 Humboldt Ave. So. $ 1,443 28-028-24-22-0079 6313 Morgan Ave. So. $ 459 28-028-24-24-0046 6424 James Ave. So. S 524 28-028-24-34-0052 6813 Logan Ave. So. $ 666 33-028-24-21-0078 7145 James Ave. So. S 1,800 33-028-24-24-0071 7210 James Ave. So. S 494 Total $ 6,415 • *Original Net Tax Capacity for taxes payable in 1990. -69- • APPENDIX C ESTIMATE OF TAX IN CREMENTS FOR • TAX INCREMENT FINANCING DISTRICT "B-1" ....... RANGE .. ..... A. VALUE OF NEW CONSTRUCTION Per Home Per Home Construction Cost (Land & Bldg) $110,000 5140,000 x Sales Ratio 92.00$ 92.00$ - Estimated Market Value -------- - 5101,200 -------- 5128,800 B. TAX INCREMENT VALUE Estimated Market Value 5101,200 5128,800 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ 568,000 S 680 $ 680 - 2.00$ .$32,000 640 640 3.00$ Balance 36 864 New Tax Capacity - Original Net Tax Capacity (Av ) S 1,356 (425) S 2,184 (425) • g. - -------- Captured Net Tax Capacity - S 931 -------- $ 1,759 x Tax Capacity Rate (1990) 102.964$ 102.964$ Annual Tax Increment S 959 S 1,811 x 10 Homes S 9,586 S 18,111 C. ESTIMATE OF NET AD VALOREM PROPERTY TAXES Estimated Market Value $101,200 . 5128,800 x Tax Capacity Ratio (Class lA; Prop. Type R-Hmstd) 1.00$ $68,000 S 680 $ 680 2.00$ $32,000 $ 640 $ 640 3.00$ Balance S 36 $ 864 - New Tax Capacity -------- - S 1,356 -------- S 2,184 x Tax Capacity Rate 102.964$ 102.964$ - Net Ad Valorem Taxes (per home) -------- - S 1,396 -------- S 2,249 x 10 Homes $ 13,960 S 22,490 -70- APPENDIX D BUDGET TAX INCREMENT FINANCING DISTRICT "B-1" Property Acquisition (Incl. Appraisals) S 425,007 Demolition/Site Clearance S 48,400 Legal Expenses S 6,874 TOTAL GROSS EXPENDITURE $ 480,281 • -71- APPENDIX E ESTIMATE OF IMPACTS ON OTHER TAXING JURISDICTIONS TAX INCREMENT FINANCING DISTRICT "B-1" The impact of the use of tax increment tax dollars for project costs is estimated in Table I for each taxing jurisdiction. This estimate is based on development activities discussed in this plan. The figures do not include possible tax increments derived from changes in tax capacity rates, tax capacity ratios, or inflation factors. TABLE I TIF DIST. TIF DIST. MOST RECENT ORIGINAL WITHIN -- TAX CAPACITY NET TAX TAXING (TAXES 1990) CAPACITY JURISDICTION _ TAXING JURISDICTION City of Richfield $ 23,421,750 $ 6,415 0.0274$ Hennepin County 1,034,463,652 6,415 0.0006$ School Distr. #280 33,115,397 6,415 0.0194$ Vo-Tech. School 661,852,490 6,415 0.0010$ Water Shed #3 270,526,740 6,415 0.0024$ Miscellaneous: Met Council* $1,034,298,323 $ 6,415 0.0006$ Regional Transit Bd. 1,034,298,323 ~ 6,415 0.0006$ Mosquito Control 1,011,958,476 6,415 0.0006$ Hennepin Parks 704,425,509 6,415 0.0009$ Regional Railroad 1,034,463,652 6,415 0.0006$ Park Museum 1,034,463,652 6,415 0.0006$ *Portion within Hennepin County only. Considering all of the taxing jurisdictions, it can be seen from Table I above that the city, school, and county districts will retain 99$ of each respective district available for normal growth of tax base or valuation. . Applying the percentage of the total tax capacity rate (taxes payable in 1990) levied by each taxing jurisdiction to the projected captured tax capacity resulting from the new program • -72- • reveals the annual use of tax dollars for project costs as it affects each taxing jurisdiction. Based on the. analysis in Appendix C, Estimate of Tax Increment, Table II represents the amount of increment which is attributed to each. taxing body. TABLE II ..............RANGE MINIMUM............... ~ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 1,914 Hennepin County 27.916 27.1 2,599 School Distr. #280 47.638 46.2- 4,435 Vo-Tech. School 1.103 1.1 103 Water Shed #3 0.120 0.1 11 .- Miscellaneous** 5.631 5.5 524 • Total 102.964$ 100.0$ $ 9,586 ..............RANGE MAXIMUM............... ~ TAX TAX INCREMENT TAX CAPACITY CAPACITY TO WITHIN TAXING RATE TOTAL RATE JURISDICTION TAXING JURISDICTION City of Richfield 20.556$ 20.0$ $ 3,616 Hennepin County 27.916 27.1 4,910 School Distr. #280 47.638 46.2 8,380 Vo-Tech. School 1.103 1.1 194 Water Shed #3 0.120 0.1 21 Miscellaneous** 5.631 5.5 990 Total 102.964$ 100.0$ $18,111 The tax increments derived from prospective development in the tax increment district would not be available to any of the taxing jurisdictions were it not for public intervention by the HRA. The increase in tax capacity value due to development will be delayed for application to the tax capacity rate levy for the duration of the tax increment district. This new tax Capacity value could eventually permit a levy decrease. If it could be assumed that the captured tax capacity was available for each taxing ,jurisdiction, the use of tax dollars for project costs -73- represented as tax increments may be determined. This .- determination is facilitated by estimating how much the levy for property outside of the tax .increment district would have to be adjusted to compensate for the temporary use of new development tax dollars in each taxing jurisdiction. Table III represents the additional tax capacity rate that would be required to be levied by each taxing jurisdiction to compensate for the use of the project's tax increment tax dollars for project costs. TABLE III ..............MINIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,415,335 0.082 $ 1,914 • Hennepin County 1,034,457,237 0.003 2,599 School Distr. #280 33,108,982 0.134 4,435 Vo-Tech. School 661,846,075 0.000 103 Water Shed #3 270,520,325 0.000 11 Miscellaneous** 1,034,457,237 0.001 524 ..............MAXIMUM IMPACT.............. ADJUSTED ADJUSTED TAX INCREMENT TAX CAPACITY TAX CAPACITY WITHIN TAXING VALUE* RATE JURISDICTION TAXING JURISDICTION City of Richfield $ 23,415,335 0.154 $ 3,.616 Hennepin County 1,034,457,237 0.005 4,910 School Distr. #280 33,108,982 0.253 8,380 Vo-Tech. School 661,846,075 0.000 i94 Water Shed #3 270,520,325 0.000 21 Miscellaneous** 1,034,457,237 0.001 990 *Tax increment distr ict tax capacity value subtracted from taxing jurisdiction tax capacity. **Miscellaneous value based on Hennepin County tax capacity. • -74- FOURTH DRAPT May 22, 1990 CONTRACT FOR PRIVATE DEVELOPMENT .Between THE HOUSING AND REDEVELOPMENT AUTHORITY 1N AND FOR THE CITY OF RICHFIELD, MINNESOTA and • This Instrument Drafted by: Holmes ~C Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 Telephone: (612)33?-9262 • • CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made and entered into as of this day of 1990, by and between the Housing and Redevelopment Authority in and for the City of Richfield, a body corporate and politic under the laws of the state of Minnesota, having its principal office at 6700 Portland Avenue, Richfield, Minnesota (HRA), and + a Minnesota having its principal office at (Developer). WITNESSETH: WHEREAS, the City of Richfield (City) and the HRA have created= and established a Redevelopment Project (Project) and Tax Increment Financing District No. (TIF District) pursuant to the authority granted in Minnesota Statutes, Sections 469.001 through 469.047 and Sections 469.174 through 469.179; (collectively, the Acts); and WHEREAS, pursuant to the Aets, the City and the HRA have adopted a redevelopment plan (Redevelopment Plan) and a tax increment financing plan (TIF Plan) to finance all or a portion of the public development costs of the Project; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan - and TIF Plan as hereinafter defined and particularly to make specified land in the Project available for development by private enterprise for and in accordance with the Redevelopment Plan, the HRA has determined to provide substantial aid and assistance to finance public development costs in the Project; and WHEREAS, the Developer has proposed a development as hereinafter defined within the Project which the HRA has determined will promote and carry out the objectives for which the Project has been undertaken, will assist in e4irrying out the obligations of the Redevelopment Plan and TIF Plan, will be in the vital. best interests of the City and the health, safety and welfare of its residents, and is in accord with the public purposes and provisions of the applicable state and local laws and requirements under which development in the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the HRA and the Developer, each party does hereby represent, covenant and agree with the other as follows: ..ARTICLE I. DEF1N]TIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1. Definitions. In this Agreement, the following terms have the meanings given below unless the context clearly requires otherwise: (a) Citv. The City of Richfield, Minnesota. (b) Construction Plans. Collectively, the plans, drawings and related documents referred to in Exhibit A. (c) Developer. , a Minnesota (d) Development. The Property and the Improvements to be constructed thereon according to the Construction Plans approved by the HRA. (e) HRA. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota. (f) Housing and Redevelopment Authorities Act (HRA Act). Minnesota Statutes Sections 469.001 through 469.047. (g) Improvements. Each and all of the structures and site improvements constructed on the Property by the Developer, as specified in the Construction Plans approved by the HRA. (h) Mortgage and Holder. The term "mortgage" shall include the mortgages referenced in Article VI of this Agreement and any deed of trust or other instrument creating an encumbrance or lien upon the Property or any part thereof, as security for a loan. The term "holder" in reference to a mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or deed of trust. 2 (i) P o t Th l t l t d i hi h Di i per r y. e rea proper y oca w e t n t e str ct which is legally described in Exhibit C. (j) Redevelopment Project (Project). The Redevelopment Project established by the HRA pursuant to Minnesota Statutes Sections 469.001 through 469.047 and described in the Redevelopment Plan. (k} Redevelopment Project Plan (Redevelopment Plan). The plan for implementation. of the Project adapted by the HRA pursuant to Minnesota Statutes Sections 469.001 through 469.047. (1) Tax Increment. The tax increment produced by the increase in the valuation of the Property following certification of the original tax capacity by the county auditor and construction of the Improvements by the Developer. (m) Tax Increment Financing Act (TIF Act). Minnesota Statutes Sections 469.]74 through 469.179. (n) Tax Increment Financing District (TIF District). TIF District No. _ created by the HRA pursuant to Minnesota Statutes, Sections 469.174 ti'~rough 469.179 and described in the TIF Plan adopted therefor. (o) Tax Increment Financing Plan (TIF Plan). The plan for development of the TIF District adopted by the HRA pursuant to Minnesota Statutes, Sections 469.174 through 469.179. (p) Unavoidable Delays. Delays which are the direct result of strikes, labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which results in delays or acts of any federal, state or local government, except those contemplated by this Agreement, which are beyond the control of the Developer. Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. List of Construction Plan Documents B. Form of Certificate of Completion C. Legal Description of Property D. Assessment Agreement and Certification of Assessor E. List of Structures or Improvements to be Retained F. Housing Design Criteria G. License from Developer to HRA H. Form of Quit Claim Deed Section 1.3 Rules of Interpretation. (e) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. ~ ' (b) The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) .References herein to any particular .section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, .articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND UNDERTAKINGS Section 2.1 By the Developer. The Developer makes the following representations and undertakings: (a) The Developer has the legal authority and power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement; (b) The Developer has the necessary equity capital and will obtain commitments for financing necessary for construction of the Improvements; (c) The Developer will construct the Improvements in accordance with the terms of this Agreement, the Redevelopment Plan, the TIF Plan and all local, state and federal laws and regulations; (d) The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, the requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed; and (e) The -plans for the Improvements have been prepared by an architectural designer; and (f) The Improvements will have a market value of at least S upon completion by the Developer. Section 2.2 Hv the HRA. The HRA makes the following representations as the basis for the undertaking on its part herein contained: (a) The HRA is authorized by law to enter into this Agreement and to carry out its obligations hereunder; and (b) The HRA will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applieatlons of the 4 r Developer and .will cooperate with the. efforts of Developer to secure the granting of any permit, license, or other approval required to allow the construction of the Improvements; provided, however, that nothing con- tained in this subparagraph 2.2(b) shall be construed to limit in any way the reasonable and legitimate. exercise of the HRA's discretion in considering any submittal or application. ARTICLE III. ACQUISITION OF PROPERTY; CONVEYANCE TO DEVELOPER Section 3.1. Acquisition of Property and Demolition of Structures. The HRA has or will acquire the .Property. After acquisition, the HRA shall demolish all structures and other improvements on the Property, except such improvements as the Developer and HRA agree shall be retained and used in connection with the Developement. The structures, improvements or landscaping to be retained and conveyed to the Developer with the Property are listed in Exhibit E. With the exception of the structures, improvements and landscaping listed in Exhibit E, the HRA shall clear the Property and shall leave the site ready for construction. In order to allow the HRA and its contractors access to the Property, the Developer shall grant the HRA a license to perform demolition work on the site. The license shall be in the form of Exhibit G. Section 3.2. Conveyance to Developer. After acquisition of the Property, -• the HRA agrees to sell to the Developer and the Developer agrees to purchase from the HRA the Property for S The HRA shall convey the Property to the Developer by Quit Claim deed in the general form of Exhibit H. Section 3.3. Closin Closing on the Property shall take place on or before or such other date as may be agreed to by the parties in writing. The HRA shall close on its acquisition of the Property from the original owner on the same day as it conveys the Froperty to the Developer. __ 5 . Section 3.4. Taxes and Special Assessments. The Developer shall pay all real estate taxes and installments on special assessments due and payable on the Property as they become due during the year of closing and thereafter until the Property is sold to the home buyer. Section 3.5. Soil Conditions and Hazardous Wastes. The Developer acknowledges that the HRA makes no representations or warranties as to the condition of the soils on the Property, its fitness for construction of the Improvements or any other purpose for which the Developer may make use of the Property, or regarding the presence of hazardous wastes, including asbestos, on the site. The Developer agrees that it will indemnify, defend and hold harmless the HRA, its governing body members, officers and employees from any claims or actions arising from the Developer or- from third parties out of the presence, if any, of hazardous wastes or pollutants on the Property. ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Section 4.1. Construction of Improvements. The Developer shall construct the Improvements on the Property in accordance with the Construction Plans and shall maintain, preserve and keep the Improvements in good repair and condition until sale of the Property to the home buyer. Section 4.2. Building Plans. No building permit shall be issued by the City unless the plans therefore are in conformity with the Construction Plans, the Redevelopment Flan, the TIF Plan, this Agreement, including the design standards outlined in Exhibit F, and ell local, state snd federal regulations. The HRA shall, within 25 days of receipt of building plans submitted in application for a building permit review such plans to determine whether the foregoing requirements have 6 been met. If the HRA determines such plans to be deficient, it shall notify the Developer in writing stating the deficiencies and the steps necessary for correction. Issuance of the building permit by the City shall be a conclusive determination that the building plans have been approved and shall satisfy the provisions of this Section 4.2. Section 4.3 Schedule of Construction. Subject to Unavoidable Delays, construction of the Improvements shall be commenced on or before , and shall be completed prior to All construction shall be in conformity with the approved Construction Plans. Periodically during construction the Developer shall make reports in such detail as may reasonably be requested by the HRA concerning the actual progress of construction. If at any time prior to completion of construction the HRA has cause to believe that the Developer will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Developer and demand assurances from the Developer regarding the Developer's construction schedule. If such assurances are not forthcoming or are deemed by the HRA at its sole discretion to be inadequate, the HRA may declare this Agreement to be breached by the Developer and may avail itself of any of the remedies specified in Section 8.2 of this Agreement. Section 4.4 Certificate of Completion. Promptly after notification by the Developer of completion of construction of the Improvements, the HRA shall inspect the construction to determine whether the Improvements have been completed in accordance with the Construction Plans and the terms of this Agreement, including the date for the completion thereof. In the event that the HRA is satisfied with the construction, the HRA shall furnish the Developer with a Certificate of Completion in the form attached hereto as Exhibit B. Such certifi- cation , by the HRA shall be s conclusive determination of satisfaction and 7 termination of the agreements and covenants in this Agreement with respect to the obligation of the Developer to construct the Improvements. The certification provided for in this Section 4.4 shall be in recordable form. If the HRA shall refuse or fail to provide certification in accordance with the provisions of this Section 4.4, the HRA shall- within 15 days of such notification provide the Developer with a written statement, indicating in adequate detail in what respects the Developer has failed to complete the Improvements in n accordance with the provisions of this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the HRA, for the Developer to take or perform in order to obtain such certification. Prior to the issuance of a Certificate of Completion, no occupancy of the Improvements shall be permitted. Section 4.5 Failure to Construct. In the event that construction of the Improvements is not commenced and completed as provided in Section 4.3 of this Agreement, the Developer shall be liable to the HRA for the amount of the HRA's expenses. as liquidated damages. As security for the obligations created in this Section 4.5, the Developer shall deliver to the HRA prior to the issuance of a building permit for the Improvements, an irrevocable letter of credit (Letter of Credit) in the amount of _ (to be amount of HRA writedown and cost of demolition site preparation). The Letter of Credit shall be retained by the HRA until completion of construction of the Improvements has been certified by the HRA. Upon such happening the Letter of Credit shall be returned to the Developer and all liability under this Section 4.5 shall terminate. If at any time prior to the issuance of the Certificate of Completion, the HRA determines that, for whatever reason, the issuer of the Letter of Credit will be unable to honor or pay the amount remaining 8 theron, the HRA shall notify the Developer of such determination, and the Developer shall have 30 days from the date of notification to furnish a new letter of credit in the amount of the original Letter of Credit less any drafts previously made against it. If at the time the HRA determines that the issuer of the Letter of Credit will be unable to honor or pay thereon there remains less than 30 days prior to the expiration of the Letter of Credit, the Developer will have such period of time as the HRA determines to be reasonable to furnish a new Letter of Credit. The provisions of this Section 4.5 shall not be construed to prejudice or limit any additional rights of the City under Article VIII of this Agreement. Section 4.6. Right to Collect Delinquent Taxes. The Developer acknowledges that the HRA is providing substantial aid and assistance in furtherance of the Project. To that end, the Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Property based upon the minimum market value as stipulated in the Assessment Agreement. The Developer acknowledges that. this obligation creates a contractual right on behalf of the HRA to sue the Developer or its. successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same . as a tax payment to the county auditor. In any such suit, the HRA shall also be entitled to recover its costs, expenses and reasonable attorneys' fees. ARTICLE V. INSURANCE Section 5.1 Insurance. The Developer will provide and maintain or cause to be provided and maintained at all times during the process of constructing the • • 9 Improvements and, from time to time at the request of the HRA, furnish the HRA with proof of payment of premiums on: (e) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to 10096 of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all. risk" form of policy; (b) Comprehensive .general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than 51,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and (e) Workers' compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (a) and (b) above shall be in form and content satisfactory to the HRA and shall be placed with financially sound and reputable insurers licensed to transact business in Minnesota. The policy of insurance delivered pursuant to clause (e) above shall contain an agreement of the insurer to give not less than thirty (30) days advance notice to the HRA in the event of cancellation of such policy or change affecting the coverage thereunder. Section 5.2. Modification. In order to facilitate obtaining financing for the construction of the Improvements, the HRA agrees to modify this Article V to accommodate the interests of the Developer ar the Holder of the First Mortgage; provided, however, that the HRA determines, in its reasonable judgment, that any such modification will adequately protect the legitimate interests and security of the HRA with respect to the Improvements. ARTICLE VI. FINANCING Section 6.1 Financing. Within 15 days of the date of execution of this Agreement, the Developer shall submit to the HRA evidence of a commitment for financing for the Improvements in compliance with the provisions of Section 2.1(b) 10 of this. A cement. if the HRA finds that the financing is sufficiently committed Br and adequate in amount to provide for the construction of the Improvements, the HRA shall notify the Developer of its approval. If the HRA rejects the evidence of mortgage financing as inadequate, the Developer shall have 30 days or such additional period of time as the Developer may reasonably require from the. date of such notification to submit evidence of financing satisfactory to the HRA. If the Developer fails to submit such evidence or fails to use due diligence in .pursuing financing, the HRA may terminate this Agreement and both parties shall be released from any further obligation or liability hereunder, except for the HRA's remedies pursuant to Section 4.5 of this Agreement. Section 6.2 Limitation Upon Encumbrance of Property. Prior to the issuance of the Certificate of Completion, neither the Developer nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any Mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any eneum- brance or lien to be made on or attached to the Property other than the liens or encumbrances attached for the purposes of obtaining funds to the extent necessary for making the Improvements and such additional funds, if any, in an amount not to exceed the costs of developing the project, including land acquisition, without the prior written approval of the HRA. The HRA shall not approve any Mortgage which does not contain terms which conform to the terms of this Article VI and Section 8.2 of this Agreement. Section 6.3 Copy of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in its obligations or covenants under this Agreement, the [~ 11 HRA shall at the same time forward a-copy of such notice or demand to each Holder of any Mortgage authorized by the Agreement at the last address of such Holder shown in the records of the HRA. Section 6.4 Lender's Option to Cure Defaults. After any breach or default referred to in Section 8.1 of this Agreement, each such Holder, insofar as the rights of the HRA are concerned, shall have the right, at its option, to cure or remedy such breach or default, or such breach or default to the extent that it relates to the part of the Property covered by its Mortgage, and to add the cost thereof to the Mortgage debt and the lien of its Mortgage; provided that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section 6.4 or any other section of this Agreement shall be deemed to permit or authorize such Holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction of the Improvements or completion of the Development beyond the extent necessary to conserve or protect Improvements or construction already made without first having expressly assumed the obligation to the HRA, by written agreement, to complete, in the manner provided in this Agreement, the Development or the part thereof to which the lien or title of such Holder relates. Any such Holder who shall promptly complete the Development or appli- cable part thereof shall be entitled, upon written request made to the HRA, to certification by the HRA to such effect in the manner provided in Section 4.4 of this Agreement, and any such certification shall, if so requested by such Holder, mean and provide that any remedies or rights that the HRA shall have or be entitled to because of failure of the Developer or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or 12 because of any other default in or breach of the Agreement by the Developer or such successor, shall not apply to the Property to which such certification relates. Section 6.5 HRA's Option to Cure Default. In the event the Holder of financing authorized pursuant to this Article VI sends a notice of default to the Developer, the. Holder shall also use its best efforts to notify the HRA in writing of; (e) the fact of the default, (b) the elements of the default, and (c) the actions required to cure the. default. If the Developer fails to cure the default in a timely manner or fails to make arrangements satisfactory to the Holder to cure said default, the HRA shall have 30 days from the expiration of such cure period to cure the default. If the HRA cures the default as set forth above, the Holder shall pursue none of its remedies under the financing based upon the said default of the Developer. In the event of a transfer of the title to the Property to a third party approved by the HRA and Holder, which approval cannot be unreasonably withheld, regardless of whether required to cure a default, said transfer shall not constitute an Event of Default under the financing unless the. security of the Holder has, in fact, been impaired by said transfer. In the event of such approved transfer which does not impair the security of the Holder, the Holder shall permit the transferee to assume all outstanding obligations and receive all remaining .disbursements . under the financing. Section 6.6 Subordination. In order to facilitate obtaining financing for the construction of the Improvements by the Developer, the HRA shall agree to modify this Agreement in the manner and to the extent it deems reasonable, upon request by the financial institution and the Developer. ARTICLE VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1 Representation as to Redevelopment. The Developer rep~asents . 13 and agrees that its undertakings pursuant to the Agreement, are for the purpose of development of the Property and not .for speculation in landholding. The Developer further recognizes that, in view of: (a} the importance of the development of the Property to the general welfare of Richfield; and (b) the substantial financing and other public aids that have been made available by the HRA. for the purpose of making the Development possible the qualifications and identity of the .Developer are of particular concern to the HRA. The Developer further .recognizes that it is because of such qualifications and identity that the HRA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Developer for the faithful performance of all undertakings and covenants agreed by the Developer to be performed. Section ?.2. Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons set out in Section ?.1 of this Agreement, the Develop- er represents and agrees that, except for associating with other individuals or entities, prior to the completion of Improvements as certified by the HRA: (a) Except only by way of security for, and only for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement, the Developer, except as so authorized, has • not made or created, and that it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the HRA; and (b) The HRA shall be entitled to require, except as otherwise provided in this Agreement, as conditions to .any such approval under this Section 7.2 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the HRA, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part. (ii) Any proposed transferee, by instrument in writing satisfactory to the HRA and in form recordable among • 14 the land records, shall for itself and its successors and assigns, and • specifically for the benefit of the HRA, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to such obligations, restrictions and conditions or, in the event the transfer is, of, or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part; provided, that the fact that any transferee of, or any other successor in interest .whatsoever to, the Property or any part thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so, .shall not, unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the HRA, relieve or except such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the HRA of or with respect to any rights or remedies or controls with respect to the Property or the construction of the Improvements; it being the intent of this Section ?.2, together with other provisions of this Agreement, that to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the HRA, of any rights or remedies or controls provided in or resulting from this Agreement with respect to the Property and the con- struction of the Improvements that the HRA would have had, had there been no such transfer or change. (iii) There shall be submitted to the HRA for review all instruments and other legal documents involved in effecting transfers described herein, and if approved by the HRA, its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the HRA to the contrary, no such transfer or approval by the HRA thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. Section 7.3 Approvals. .Any approval required to be given by the HRA under this Article VII may be denied only in the event that the HRA reasonably determines that the ability of the Developer to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. ARTICLE VIII. EVENTS OF DEFAULT Section 8.1 Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is 15 used in this Agreement, unless the context otherwise .provides, any one or more of the. following events: (a) Failure by the Developer to pay when due the payments required to be paid or secured under any provision of this Agreement; (b) Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, after written notice to the Developer as provided in this Agreement; (c) If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Property; (d) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the Developer, a receiver o~ the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree. shall. not be vacated or set aside or stayed within 60 days from the date of entry thereof; or (e) If the Developer is in default under any Mortgage and has not entered into awork-out agreement with the Mortgagee. Section 8.2. Remedies on Default. Whenever any Event of Default occurs, the HAA may, in addition to any other remedies or rights given the HRA under this Agreement but only after the Developer's failure, to cure within 30 days of written notice of default, take any one or more of the following actions: (a) suspend its performance under this Agreement until it receives assurances from the Developer, deemed reasonably adequate by the HAA, that the Developer will cure its default and continue its performance under this Agreement; (b) cancel or rescind this Agreement; (e) withhold the Certificate of Completion; or (d) take whatever action at law or in equity may appear necessary or desirable to the HRA to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement; ~ ' 16 rovided, however, that any exercise by the HRA of its rights or remedies P hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any .way (s) the lien of any Mortgage authorized by this Agreement and (b) any rights or interests provided in this Agreement for the protection of the Holders of a Mortgage; and provided further that should any Mortgagee succeed by foreclosure of the Mortgage or deed in lieu thereof to Developer's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the following obligations of the Developer only to the extent that the same have nat theretofore been performed by the Developer: Sections 3.1 and 3.3, Sections 4.1 through 4.5; Sections 5.1 and 5.2. Said Mortgagee, upon foreclosure or taking of a deed in lieu, shall have no obligations pursuant to this Agreement other than as specifically set forth in the foregoing sentence. Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VIII. Section 8.4 No Additional Waiver Implied by One Waiver. In the event any covenant or agreement contained in this Agreement should be breached by either party -and thereafter waived by the other party, such waiver shall be limited to the 17 particular breach so waived and shall aot be deemed to waive any other concurrent, previous or subsequent .breach hereunder. ARTICLE IX. ADDITIONAL PROVISIONS Section 9.1 Conflict of Interests; Representatives Not Individually Liable. No HRA officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the HRA shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the HRA or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 9.2 Non-Discrimination. The provisions of Minnesota Statutes, Section 1$1.59, which relate to civil rights and non-discrimination, and any affirmative action program of the City shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. Section 9.3 Notice of Status and Conformance. At such time as all of the provisions of this Agreement have been fully performed by the Developer, the HRA, upon not less than ten days prior written notice by the Developer, agrees to execute, acknowledge and deliver, without charge to the Developer or to any person designated by the Developer, a statement in writing in recordable form certifying the extent to which this Agreement has been performed and the obliga- tions hereunder satisfied. Section 9.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement ra by either party to the other shall be sufficiently given or delivered if it is sent by • mail, postage prepaid, return receipt requested or delivered personally: (a) As to the City: Richfield HRA Executive Director 6700 Portland Avenue Richfield, Minnesota 55423 (b) As to the Developer: or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 9.4. Section 9.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, sll of which shall constitute one and the same instrument. • 19 IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly exe- cuted in its name and behalf and its seal to be hereunto duly. affixed and the Developer has caused this Agreement to be duly executed as of the day and year first above written. • RC125-041 • THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA sy Its Chairperson By Its Executive Director [DEVELOPER) By Its By Its 20 • STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1990, by Thomas Harms and James Prosser, the Chairperson and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a body corporate and politic, on behalf of the HRA. Notary Public STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1990, by and ,the and of a Minnesota , on behalf of the Notary Public • • 21 • EXHIBIT A LIST OF CONSTRUCTION PLAN DOCUMENTS. The Construction Plans consist of the following documents which are on file with the HRA: (to be completed prior to execution) • • • EXHIBIT B FORM OF 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," dated between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota with respect to construction of the Improvements in accordance with. the approved construction plans and is released and forever discharged from its obligations to construct under such above-referenced Article. DATED: Hy Its Chairperson Hy Its Executive Director • • The legal description of the property is as follows: (To Be Supplied Before Execution.) EXHIBIT C • EXHIBIT D ASSESSMENT AGREEMENT AND CERTIFICATION OF ASSESSOR THIS AGREEMENT, made and entered into this day of , 1990, by and between the Housing and Redevelopment .Authority in and for the City of Richfield, Minnesota, a body corporate and politic under the laws of Minnesota and having its principal office at 6700 Portland Avenue, Richfield, Minnesota (HRA) and , a Minnesota having its principal office at Minnesota (Developer). WITNESSETH: WHEREAS, the HRA is administering a Tedevelopment Project created pursuant to Minnesota Statutes Sections 469.001 through 469.04?; and WHEREAS, the HRA is administering Tax Increment Financing District No. • created pursuant to Minnesota Statutes Sections 469.174 through 469.179; and WHEREAS, the parties have entered into ~e Contract for Private Development (Development Agreement), dated ~ regarding the development of certain real property located in the Redevelopment Project and Tax Increment Financing District No. within the City of Richfield and legally described as Hennepin County, Minnesota; end WHEREAS, it is contemplated that pursuant to said Development Agreement the Developer will construct the Improvements described in such Development Agreement and shall complete them prior to January 2, 19~; and D - 1. WHEREAS, the HRA and the Developer desire to establish minimum market values for said land and the Improvements to be constructed thereon (collectively, the Property), pursuant to Minnesota Statutes Section 469.177, Subdivision 8; -and WHEREAS, the assessor has reviewed the plans and specifications for the Improvements which will be constructed. NOW, THEREFORE, the parties do hereby agree as follows: 1. On January 1, 19_, the minimum market value of the Property shall be $ Said minimum market value shall remain in effect for the term of this Agreement as described in paragraph 4 hereof. 2. Nothing in this Agreement shall limit the discretion of the assessor or any other public official or body having the duty to determine the market value of the Property for ad valorem tax purposes to assign to the Property a market value in excess of the minimum market value specified in this Agreement. 3. Neither the preambles nor the provisions of this Agreement are intended nor shall they be construed as modifying the terms of the Development Agreement. 4. This Agreement shall remain in effect and inure to the benefit and be binding upon the successors and assigns of the parties through payment of the real estate taxes due and payable in 5. As provided in Minnesota Statutes Section 469.177, Subdivision 8, a Bogy of which is attached hereto, nothing contained herein shall be deemed to limit the right. or opportunity of the Developer to challenge through any legal means that part of any valuation on the market value of the Property which is in excess of the stipulated minimum market value contained in this Agreement, provided, however, that the Developer may not institute or D-2 prosecute any challenge to the excess which if successful would also result • in a reduction of the market value below the stipulated value. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA By Its Chairperson Hy Its Executive Director [DEVELOPER] RC125-041 By Its By Its D-3 I~~ STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1990, by Thomas Harms and James Prosser, the Chairperson and Executive Director, respectively, of the Housing and Redevelopment Authority in and for .the City of Richfield, Minnesota, a body corporate and politic under the laws of the state of Minnesota, on behalf of the HRA. Notary Public STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 1990, by and and of Minnesota on behalf of the day of the a Notary Public • D-4 • CERTIFICATION BY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market. value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the market value contained in the foregoing Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above-described property,. hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than the amounts contained in paragraph 1 of the foregoing Agreement until termination of the Agreement. Assessor STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1990, by ,the Assessor of the County of Hennepin, Minnesota. Notary Public • • D-5 MINNESOTA SMATUTES, SECTION 469.177, SUBDIVISION 8 Subd. 8. Assessment agreements. An authority may, upon entering into a development or redevelopment agreement pursuant to section 469.176, subdivision 3, enter into a written assessment agreement in recordable form with the developer or redeveloper of property within the tax increment financing district which establishes a minimum market value of the land and completed improvements to be constructed thereon until a specified termination. date, which date shall be not later than the date upon which tax increment will no longer be remitted to the authority pursuant to section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district is located. .The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property upon completion of the improvements to be constructed thereon, hereby certifies that the market value assigned to the land and improvements upon completion shall not be less than $ Upon transfer of title of the land to be developed or redeveloped from the authority to the developer or redeveloper, the assessment agreement, together with a copy of this subdivision, shall be filed for record and recorded in the office of the county recorder or filed in the office of the registrar of titles of the county where the real estate or any part thereof is situated. Upon completion of the improvements by the developer or redeveloper,. the assessor shall value the property pursuant to section 273.11, except that the market value assigned thereto shall not be less than the minimum market value contained in the assessment agreement. Nothing herein shall limit the discretion of the assessor to assign a market value to the property in excess of the minimum market value contained in the assessment agreement nor prohibit the developer or redeveloper from seeking, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes; provided, however, that the developer or redeveloper shall not seek, nor shall the city assessor, the county assessor, the county auditor, any board of review, any board of equalization, the commissioner of revenue, or any court of this state grant a reduction of the market value below the minimum market value contained in the r~ D-6 assessment agreement during the term of the agreement filed of t record regardless of .actual market values which may result from incomplete construction of improvements, destruction, or diminution by any cause,, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording or filing of an assessment agreement complying with the terms of this subdivision shall constitute notice of the agreement to any subsequent purchaser or encumbrances of the land or any part thereof, whether voluntary or involuntary, and shall be binding upon them. • • H90-3-0110 D-7 • List of Structures or Improvements to be Retained (to be completed prior to execution) • EJ~~IBIT E C. • Design Standards (copy of design standards to be attached) EXHIBIT F • • EXHIBIT G LICENSE AGREEMENT This License Agreement made and entered into this day of , 1990, by and between , a Minnesota having its principal office at , (Licensor), and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota body corporate and politic having its principal office at 6700 Portland Avenue, Richfield, Minnesota (Licensee): WITNESSETH: WHEREAS, Licensor is the fee owner of certain property located in the City of Richfield, Hennepin County, Minnesota and legally described as (Property); and WHEREAS, the Property is within a Redevelopment Project (Project) and Tax Increment Financing District No. _ (TIF District), duly established by Licensee pursuant to Minnesota Statutes, Sections 469.001 through 469.047 and Sections 469.174 through 469.179, respectively; and WHEREAS, Licensee has adopted a redevelopment plan (Redevelopment Plan) and a tax increment financing plan (TIF Plan) for the Project and TIF District + which call for Licensee to perform certain demolition work on the Property (Demolition Work), which work is more fully described in that certain Contract for Private Development (Contract) dated between the Licensor and the Licensee and in Exhibit E to the Contract; and WHEREAS, the Demolition Work is for the purpose of encouraging development within the Project; and WHEREAS, Licensor has agreed to make the Property available to the Licensee for the purpose of allowing Licensee to perform the Demolition Work. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and in the Contract, the parties do hereby agree as follows: 1. Licensor hereby grants to Licensee a license over, on and across the Property for the purpose of allowing Licensee to perform the Demolition Work and to take any and all actions necessarily related thereto. This license provides anon-exclusive right to enter the Property by Licensee and is not revocable by the Licensor without Licensee's written consent. 2. Licensee shall pay no rent to the Licensor under the license hereby granted. 3. The term of this license shall commence on the day first written above and shall terminate-upon. completion by the Licensee of the Demolition Work, but in no event later than , or such other date as may be. mutually agreed to in writing by the parties. 4. Licensee agrees to carry public liability. insurance in an amount sufficient to protect Licensor and Licensee from any and all claims arising out of the actions of Licensee, its agents or contractors in competing the Demolition Work on the Property. 5. Licensor shall at all times remain responsible for the payment of all taxes and special assessments levied against the Property. IN WITNESS WHEREOF, Lessor and Lessee have caused this License Agreement to be entered into as of the day and year first written above. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA Hy Its Chairperson By Its Executive Director [DEVELOPER] Hy Its Hy Its RC125-041 STATE OF MINNESOTA ) ss COUNTY OF S The foregoing instrument was acknowledged before me this day of 1990, by Thomas Harms and James Prosser, the Chairperson and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a body. corporate and politic, on behalf of the HRA. Notary Public STATE OF MINNESOTA ~ ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1990, by and ,the and of ~ a Minnesota , on behalf of the Notary Public • fern+Ne. ~1•M-pU1T CLAIM DEED COrperetgn Or -eRnMllip r Corae.etbn or -ertnertAip Mlen•wu Vel)orm Coeveru,etnt a4nk+UYTl1 Exhibit H No delinquent to:ec and transfer entered; Certificate of Real Estate Value ( )filed ( )not required Certificate of Real Estate Value No. ,19 County Auditor by De STATE DEED TAX DUE HEREON: 5 Date: , 19 _ FOR VALUABLE CONSIDERATION, the Housin and Redevelo m the City of Richfield, Minnesota ,e -public bp~y corporate a~~Q sof MinnPCOta ,Grantor, hereby conveys and quitclaims to ,Grantee, a under the laws of , red property ~ County, Minnesota, described as follows: (insert legal description of Property prior to execution) • (if Mort tpaa is needttl, ppntinl/t on t»ekl together with all hereditaments and appurtenances belonging thereto. \ff a Il•.wd "fay Fl:unp Hrrl~ STATE OF MINNESOTA COUNTY OF ~- By Its Chairperson By Its Exar,tivn nirnrtnr The foregoing was acknowledged before rae thu day of ,19_ , by Thomas Harms and lames Prosser , the Chairperson and )<xecLtive Director of ,a public bodv coroorate and oolitic under the law c L nneso a , on behalf of the HRA NOTAalA1 aTAMt Oa aEAL <Oa OTNLa TITLL Oa aANK> _______ _ .__ _ _ _J TNIa tNLTaI)MLN7 WAa DiATTLD aY OtAlit AND ADDa[ia): aiONATVa[ OT lLaaON TA[INO ACLNOO'LiDOIILNT Tu ateteteau ter itw rtoprts b tYY Wte>vat ireul0 M rat r-0 paduAt nut ~ datett at Owwe>: I,hlwr•D~.~, fi u~nl...ee~~. •