Loading...
092010agendapacketCITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 20, 2010 REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 7:00 P.M. AGENDA Call to order Roll call 1. Approval of minutes of Regular HRA Meeting of August 16, 2010 2. HRA approval of agenda 3. Presentation and consideration of Richfield HRA annual tax increment district status update Staff Report No. 30 Notes: 4. Consideration of subordination agreement for HRA Transformation Home Loan at 7020 Newton Avenue Staff Report No. 31 Notes: 5. Consideration of resolution authorizing purchase of real property located at 7220 Russell Avenue through Richfield Rediscovered Program Staff Report No. 32 Notes: 6. Public hearing regarding Richfield HRA Annual Public Housing Authority Plan for Section 8 Housing Assistance Program Staff Report No. 33 Notes: 7. Discussion regarding potential future redevelopment of 2517 West 76th Street Staff Report No. 34 Notes: 8. Executive Director report Notes: 9. Claims and payroll Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. J HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES Richfield, Minnesota Regular Meeting August 16, 2010 CALL TO ORDER The meeting was called to order by Chair Sandahl at 7:03 p.m. ROLL CALL HRA Members Present: Sue Sandahl, Chair; Steven Quam; Joan Helmberger; and David Gepner. Doris Rubenstein arrived at 7:20 p.m. Staff Present: John Stark, Acting Executive Director; Myrt Link, Community Development Accountant; Chris Regis,- Finance Manager; and Nancy Gibbs, City Clerk. Item #1 APPROVAL OF MINUTES OF REGULAR HRA MEETING OF July 19, 2010 M/Quam, S/Gepner to approve the minutes. Motion carried 4-0. Item #2 HRA APPROVAL OF AGENDA M/Gepner, S/Quam to approve the agenda. Motion carried 4-0. Item #3 CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 7537 DUPONT AVENUE THROUGH RICHFIELD REDISCOVER PROGRAM. S.R. N0.26 Acting Executive Director Stark presented Staff Report No. 26. After some discussion, all Commissioners agreed this is a good purchase. M/Gepner, S/Helmberger that the following resolution be adopted and that it be made part of these minutes: HRA Meeting -2- August 16„ 2010 HRA RESOLUTION NO 1076 RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 7537 DUPONT AVENUE Motion carried 4-0. The resolution appears as HRA Resolution No.1076. Item #4 CONSIDERATION OF CONTRACT WITH S.R. STEVENS EXCAVATING, INC. FOR DEMOLITON AT 7326 SHERIDAN AVENUE, 6336 15TH AVENUE, 6609 HUMBOLDT AVENUE, AND 6637 5TH AVENUE AND AUTHORIZING STAFF TO CONTRACT FOR ANY UNCOVERED ABATEMENT .COSTS. S.R.NO. 27 Acting Executive Director Stark presented Staff Report No. 27. M/Gepner, S/Helmberger to approve the contract with S.R, Stevens Excavatin _ , Icy nc f demolition at 7326 Sheridan Avenue 6336 15t Avenue 6609 Humboldt Avenue and 6637 5t Avenue and authorize staff to contract for any uncovered abatement cost. Motion carried 4-0. Item #5 CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR AND' HRA CHAIR TO EXECUTE INSTRUMENTS NECESSARY TO PURCHASE UP TO NINE VACANT AND FORECLOSED HOUSES USING UP TO $1,060.000 FROM HRA FUND THROUGH DECEMBER 31, 2010. S.R. NO. 28 Acting Executive Director Stark presented Staff Report No. 28. M/Gepner,S/Helmberger, that the following resolution be adopted and be made part of these minutes. HRA RESOLUTION NO 1077 RESOLUTION AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHRORITY STAFF TO ACQUIRE CERTAIN FORECLOSED HOMES WITHIN THE CITY AND TO EXECUTE ALL INSTRUMENTS AND CONTRACTS RELATED THERETO Motion carried 4-0. The resolution appears as HRA Resolution No. 1077. Item #6 CONSIDERATION OF RESOLUTIONS APPROVING 2011 PROPOSED HRA BUDGET AND TAX LEVY AND 2010 HRA BUDGET S.R. No. 29 Acting Executive Director Stark presented a power point presentation of the 2010 revised and 2011 proposed HRA budget. Commissioner Quam requested the budget be sent in paper format. Finance Manager Regis responded that the next budget report would not be a CD but in paper format. Commissioner Helmberger asked if the levy could change or could we lower the amount later on. HRA Meeting -3- August 16„ 2010 Finance Manager Regis responded, we must turn in the levy by September 15 and that levy cannot increase, however it could decrease. M/Sandahl,S/Rubenstein, that the following resolutions be adopted and be made part of these minutes. HRA RESOLUTION NO. 1078 RESOLUTION APPROVING PROPOSED 2011 HOUSING AND REDEVELOPMENT AUTHORITY BUDGET AND CERTIFYING THE 2011 TAX LEVY Motion carried 5-0. The resolution appears as HRA Resolution No. 1078. HRA RESOLUTION NO. 1079 RESOLUTION AUTHORIZING REVISION OF THE 2010 BUDGET OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD Motion carried 5-0. The resolution appears as HRA Resolution No.1079. Item #7 EXECUTIVE DIRECTOR REPORT Acting Executive Director Stark reported that Penn Fest was a tremendous success. Item #8 CLAIMS AND PAYROLL M/Quam, S/Sandahl that the following claims and payrolls be approved: U.S. Bank 08/16/2010 Section 8 Checks: 119295- 119454 HRA Checks: 30961 - 30986 TOTAL Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:00 p.m. Date Approved: $ 159,233.50 $ 81,633.07 $240,896.57 Suzanne M. Sandahl Chair Nancy Gibbs City Clerk John Stark Acting Executive Director AGENDA ITEM # 3 REPORT # 3 ~ ~- STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 20, 2010 REPORT PREPARED BY: MYRT LINK, COMMUNITY DEVELOPMENT ACCOUNTANT NAME, TITLE REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTNE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a presentation of the Richfield Housing and Redevelopment Authority Tax Increment District Status Update. RECOMMENDED ACTION: By Motion: Accept the attached Richfield Housing and Redevelopment Authority Annual Tax increment District Status Uadate. II. BACKGROUND The Tax Increment District Status Update (TIF Status Update) is presented to the Richfield Housing and Redevelopment Authority (HRA) annually for review. This year, the TIF Status Update shows that the HRA is able to meet all of its Pay-As- You-Go Note and General Obligation Tax Increment Bond obligations. A representative of Ehlers & Associates (the HRA's public finance consulting. firm) will provide further information regarding Richfield's TIF Districts and their current status. 092010 2010 TIF Status Report JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR 717w~m TimYr III. BASIS OF RECOMMENDATION A. POLICY • The annual TIF Status Update is provided to the HRA to summarize tax increment financial activity and comment on the status of the HRA's ability to meet its tax increment obligations. B. CRITICAL TIMING ISSUES • The TIF Status Update indicates the HRA is able to meet all of its current and future tax increment obligations. • The Urban Village District and Post-1999 Richfield Rediscovered TIF District both have negative cash balances at the end of 2007. Projections show that these Districts will have positive cash balances in the future. C. FINANCIAL • See detailed TIF Status Update attached. D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Reject the conclusions made in the Tax Increment District Status Update. V. ATTACHMENTS • Tax Increment District Status Update. • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rebecca Kurtz, Ehlers & Associates, Inc. 3-/ Richfield Housing and Redevelopment Authority Tax Increment District Status Update September 20, 201.0 FREERS LEADERS IN PUBLIC FINANCE Prepared by Ehlers & Associates 3,a Tax Increment Financing District Summary Conclusion The Richfield Housing and Redevelopment Authority (HRA) will be able to meet all of its tax increment obligations. Richfield Redevelopment Project Area The Richfield Redevelopment Project area currently contains 10 tax increment financing districts: • Interchange-Lyndale-Nicollet (ILN) • Interchange • Richfield Rediscovered (Pre-1999) • Urban Village • Richfield Rediscovered (Post-1999) • Gramercy • Interchange West/Lyndale Gateway • City Bella • Lyndale Gateway West • Cedar Corridor In 2005, the boundaries of the Richfield Redevelopment Project Area were expanded and set to be the same as the City's boundary in order to expand housing program service areas and provide a wider area of tax increment spending authority. The HRA has two types of obligations associated with these districts. The first type of obligation is the Pay As You Go Revenue Note. All of these Notes pledge to the Note Holder a certain percentage of the available tax increment from the specific district. Less tax increment results in lower Pay As You Go payments. To the extent that the increment is not available to make the payment, the HRA is not required to meet the obligation. Current projections show that the HRA will be able to meet all of its Pay As You Go Revenue Note obligations. The second type of obligation that the HRA has is Tax Increment Bonds. Currently, there are bonds outstanding in the ILN, Richfield Rediscovered Post-1999, Interchange West (Best Buy), and Lyndale Gateway West (Kensington Park) districts. Property tax law changes in 2002 -- with the last phase-in in 2004 -- resulted in much lower increment receipts than in the past. These changes prompted the HRA to start reserving cash to cover bond debt service. Also, the law provided the ability for the HRA to share tax increment (deficit pooling) from all tax increment districts to help pay General Obligation Tax Increment Bond obligations. In 2004, the HRA undertook modifications to certain tax increment district plans to address shortfalls in the ILN District increment. By using deficit pooling, projections show that the HRA will be able to meet all of its General Obligation Tax Increment Bond obligations. J ®Richfield HRA Tax Increment Financing District Update 2010 Page 2 3-~ Assumptions All projections are based on the most conservative assumptions. Cash balances are as of December 31, 2009. The calculations do not include any interest on invested cash or inflation on property market values with a few exceptions: The exceptions to the assumptions follow: Interchange West uses a 1.725% market value inflation Urban Village uses a 2% market value inflation Lyndale Gateway West uses a 1 % inflation rate Although Lyndale Gateway (Richfield Senior Housing) used a 3% market value inflation assumption at time of closing, a 0% market value inflation rate is being used in order to be conservative. _..i ®Richfield HRA Tax Increment Financing District Update 2010 Page 3 3,~ Interstate-Lyndale-Nicollet (ILN) TIF District Update The ILN District is a commercial redevelopment project comprised of the Shops at Lyndale and the Meridian Crossings redevelopments located at I-494 and Lyndale Ave. First Year of Increment: 1987 Estimated Decertification Date: 2012 Outstanding Obligations: • $2,039,157 Pay-as-you-go Note for the Shops at Lyndale, Phase I • $1,368,170 Pay-as-you-go Note for the Shops at Lyndale, Phase II • $2,908,666 Pay-as-you-go Note for Meridian Crossings, Phase I • $2,453,702 Pay-as-you-go Note for Meridian Crossings, Phase II • General Obligation Tax Increment Bonds of 1996, which were refunded with the $2,460,000 Taxable General Obligation Refunding Bonds, Series 2002B. (These formerly were the pooled bonds of the LHN and ILN, and they are currently known as the ILN Bonds) • $1,630,000 General Obligation Tax Increment Bonds of 2000, which utilizes the Candlewood Hotel increment to assist the Lyndale Gateway West District (Kensington Park). The ILN District has a cash balance of $788,769. The cash balance will be used to pay the ILN Bonds. The TIF Plan Modification undertaken in 2004 to address deficit pooling will allow increment from the Interchange and Richfield Rediscovered pre-1999 TIF District to be pooled to the ILN District, if needed for debt service on the Bonds. The deficit pooling is reviewed annually. Deficit pooling was not needed in 2009. Conclusions: The HRA will be able to meet all of its debt obligations. The ILN TIF District will be required to be decertified by December 31, 2012, and the properties will be placed on the tax roll at full value. In the fall of 2012, and prior to December 31, 2012, the Council will be requested to adopt a resolution to decertify the TIF District. The final four Pay-as-you-go Note payments and two Bond payments will be on February 1, 2013. After those payments, the Funds will be closed. Under current legislation, excess increment will be returned to Hennepin County and redistributed to the City, County and School District. The funds returned will be unrestricted. ®Richfield HRA Tax Increment Financing District Update 2010 Page 4 3-~ Interchange TIF District Update The Interchange District is a commercial redevelopment project comprised of the Dick's Sporting Goods store located along I-494. In 2004, Galyan's Trading Company became a wholly owned subsidiary of Dick's Sporting Goods. First Year of Increment: 1998 Estimated Decertification Date: 2023 Outstanding Obligations: • $1,747,045 Pay-as-you-go Revenue Note The Interchange District has a cash balance of $316,178. The TIF Plan Modification undertaken in 2004 to address deficit pooling will allow increment from the Interchange and Richfield Rediscovered pre-1999 TIF District to be pooled to the ILN District, if needed for debt service on the Bonds. Deficit pooling was not needed in 2009. Conclusions: The HRA will be able to meet its debt obligation. _..~ ®Richfield HRA Tax Increment Financing District Update 2010 Page 5 ,~ / Pre-1999 Richfield Rediscovered TIF District Update The Pre-1999 Richfield Rediscovered TIF Districts are redevelopment districts consisting of owner occupied housing scattered throughout the City. In 1990, the City and HRA advanced funds in the amount of $762,550 to the Richfield Rediscovered Program to establish abuy/sell program for the construction of new, contemporary, single-family housing. All advances have been satisfied. First Year of Increment: Various dates from 1996 to 2001 Estimated Decertification Date: Various dates from 2018 to 2026 Outstanding Obligations: • $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X. These Bonds were issued for the Post-1999 Richfield Rediscovered TIF District. Funds from the Pre-1999 Richfield Rediscovered, Gramercy, Urban Village, and Lyndale Gateway/Interchange West are being pooled to assist with the debt service payments. The Pre-1999 Richfield Rediscovered District has a cash balance of $1,133,088. The TIF Plan Modification undertaken in 2004 to address deficit pooling will allow increment from the Interchange and Richfield Rediscovered pre-1999 TIF District to be pooled to the ILN District, if needed for debt service on the Bonds. Deficit pooling was not needed in 2009. Conclusions: The HRA will be able to meet its debt obligation. Funds are available to defease the $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X; and therefore allow the City to decertify all of the Richfield Rediscovered TIF Districts. Approximately $607,540 would be required to be placed in escrow until February 2, 2012, at which time the Bonds could be paid in full. At the time of the deposit, the HRA and City could take action to decertify the TIF Districts, and have the property placed on the tax rolls. Based on 2010 market values, decertifying the Districts would increase the City's tax capacity by 153,573, which equates to approximately $76,523 in City tax dollars. If the Districts are decertified by December 2010, the tax base increase would be recognized in 201 1. After discussions with HRA staff, we are recommending that the City move forward with defeasing the Bonds and decertifying the TIF Districts by December 3 1, 2010. It is anticipated that the Council will consider the resolutions to defease the Bonds and decertify the TIF Districts at the first meeting in November. ®Richfield HRA Tax Increment Financing District Update 2010 Page 6 3-~~ Post-1999 Richfield Rediscovered TIF District Update The Post-1999 Richfield Rediscovered TIF Districts are redevelopment districts comprised of owner occupied housing scattered throughout the City, and they are the second phase of the Richfield Rediscovered Program. In November of 1999, the City sold General Obligation Tax Increment Bonds to fund the Post-1999 Richfield Rediscovered Projects. These bonds were refunded with the $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 200X, to achieve a lower interest rate, and therefore, use less tax increment. First Year of Increment: 2001 Estimated Decertification Date: 2026 Outstanding Obligations: • $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X. The following revenue sources pay the debt on the Bonds: Annual tax increment from the Post-1999 Richfield Rediscovered Districts Annual pooled tax increment from the Pre-1999 Richfield Rediscovered, Gramercy, Urban Village, and Lyndale Gateway/Interchange West Districts Land sales proceeds The Post-1999 Richfield Rediscovered District has a cash balance of 011,209). Conclusions: The HRA will be able to meet its debt obligation. Although the cash balance was negative at the end of 2009, projections show that the District will have a positive cash balance in the future. The negative balance is due to the timing difference from when obligations are paid and tax increment revenue is collected. Funds are available to defease the $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X; and therefore allow the City to decertify all of the Richfield Rediscovered TIF Districts. Approximately $607,540 would be required to be placed in escrow until February 2, 2012, at which time the Bonds could be paid in full. At the time of the deposit, the HRA and City could take action to decertify the TIF Districts, and have the property placed on the tax rolls. Based on 2010 market values, decertifying the Districts would increase the City's tax capacity by 153,573, which equates to approximately $76,523 in City tax dollars. If the Districts are decertified by December 2010, the tax base increase would be recognized in 201 1. ®Richfield HRA Tax Increment Financing District Update 2010 Page 7 3-~ In addition, a portion of the remaining funds from the Pre-1999 Richfield Rediscovered Districts could be used to pay the negative balance in the District. No bond proceeds remain for Program use. After discussions with HRA staff, we are recommending that the City move forward with defeasing the Bonds and decertifying the TIF Districts by December 31, 2010. It is anticipated that the Council will consider the resolutions to defease the Bonds and decertify the TIF Districts at the first meeting in November. ®Richfiield HRA Tax Increment Financing District Update 2010 Pate 8 ~~~~ Urban Village TIF District Update The Urban Village TIF District is a mixed-use redevelopment project that began generating tax increment in 2000. Tax increment revenue is pledged to the project to assist with property acquisition and excess site development expenses. Fifteen percent (15%) of the annual tax increment is contributed to the Housing and Redevelopment Fund. First Year of Increment: 2000 Estimated Decertification Date: 2025 Outstanding Obligations: • $2,500,000 Pay-as-you-go Tax Increment Revenue Note • $2,388,414 Pay-as-you-go Tax Increment Revenue Note • $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X. These Bonds were issued for the Post-1999 Richfield Rediscovered TIF District. Funds from the Pre-1999 Richfield Rediscovered, Gramercy, Urban Village, and Lyndale Gateway/Interchange West are being pooled to assist with the debt service payments. The TIF Bond has a reset date. The Tax Exempt Bond rate was reset in February 2006 from 5.6% to its current rate of 4.98%. The Taxable Note will be reset February 2011. The Urban Village District has a cash balance of ($24,927). Conclusions: The HRA will be able to meet all of its debt obligations. Although the cash balance was negative at the end of 2009, projections show that the District will have a positive cash balance in the future. The negative balance is due to the timing difference from when obligations are paid and tax increment revenue is collected. J ®Richfield HRA Tax Increment Financing District Update 2010 Page 9 3-~~ Gramercy TIF District Update The Gramercy TIF District is a redevelopment project that began generating tax increment in 2002. The district includes the Gramercy Park Senior Housing Cooperative. Tax increment revenue is pledged to the project to assist with property acquisition expenses. In 2002, a portion of the Gramercy site area was eliminated from the TIF District and incorporated into the City Bella project. Fifteen percent (15%) of the annual tax increment is contributed to the Housing and Redevelopment Fund. First Year of Increment: 2002 Estimated Decertification Date: 2025 Outstanding Obligations: $1,977,000 Pay-as-you-go Tax Increment Revenue Note $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X. These Bonds were issued for the Post-1999 Richfield Rediscovered TIF District. Funds from the Pre-1999 Richfield Rediscovered, Gramercy, Urban Village, and Lyndale Gateway/Interchange West are being pooled to assist with the debt service payments. The Gramercy District has a cash balance of $ 62,141. Conclusions: The HRA will be able to meet all of its debt obligations. JI ®Richfield HRA Tax Increment Financing District Update 2010 Page ] 0 ail Interchange West /Lyndale Gateway TIF District Update The Interchange West /Lyndale Gateway TIF District has two components. A portion of the Lyndale Gateway District was eliminated in 2002 and incorporated into the new Lyndale Gateway West TIF District for the Cornerstone/Kensington Park Project. Interchange West Component The Interchange West component of the Interchange West/Lyndale Gateway District is comprised of the Best Buy Corporate Headquarters located on the intersection of 1- 494 and Penn Ave. Tax increments are pledged to the Best Buy project to assist with site assembly activities. A set dollar amount of funds from the Interchange West portion of the District will be used to fund the Housing and Redevelopment Fund and administrative costs. First Year of Increment: 2004 Estimated Decertification Date: 2025 Outstanding Obligations: $22,190,195 Pay-as-you-go Tax Increment Revenue Note $8,350,000 Tax Exempt General Obligation Tax Increment Bonds of 2001 $1,045,000 Taxable General Obligation Tax Increment Refunding Bonds of 200X. These Bonds were issued for the Post-1999 Richfield Rediscovered TIF District. Funds from the Pre-1999 Richfield Rediscovered, Gramercy, Urban Village, and Lyndale Gateway/Interchange West are being pooled to assist with the debt service payments. The Interchange West Component has a cash balance of $2,216,820. Conclusions: The HRA will be able to meet all of its debt obligations. Lyndale Gateway Component The Lyndale Gateway component is comprised of the Richfield Senior Housing project (Main Street Village) and the Minnstar Builders, Inc. project (Casteel Place Townhouses). Tax increment revenue is pledged to the project to assist with site assembly expenses. In 2002, the HRA loaned Richfield Senior Housing, Inc. $338,251.76 to assist with an ®Richfield HRA Tax Increment Financing District Update 2010 Page 1 1 /~~~ unexpected condemnation award in acquiring a portion of the redevelopment property. The loan was paid off by the developer in December, 2004. For the Minnstar Builders project, Casteel Place Townhomes, the Contract for Private Redevelopment included a "look back" provision that required a review of the developer's costs. To the extent that certain costs would go up or down under the estimate, the associated Pay-as-you-go Revenue Note would be reduced by a like amount. The "look back" provision analysis was completed in 2002, which called for a reduction in the Pay-as-you-go Revenue Note from $100,000 to $19,985.23. The cost savings of this tax increment was then used as additional gap funding for the Cornerstone/ Kensington Park redevelopment project in the Lyndale Gateway West District. The last increment payment to Minnstar Builders was February 1, 2005. First Year of Increment: 2000 Estimated Decertification Date: 2025 Outstanding Obligations: • $3,300,000 Pay-as-you-go Tax Increment Revenue Note to Richfield Senior Housing The Lyndale Gateway Component has a cash balance of $715,773. Conclusions: The HRA will be able to meet its debt obligation. ®Richfield HRA Tax Increment Financing District Update 2010 Page l2 3,v~ City Bella TLF Districti Update The City Bella project is a redevelopment district consisting of a housing project with a retail component located on Lyndale Ave. and 66`" Street. Tax increment revenue is pledged to the project to assist with property acquisition and site improvement expenses. After the $450,000 loan from the Development Account is paid in full, 15% of the annual tax increment is contributed to the Housing and Redevelopment Fund. In 2002, a portion of the Gramercy TIF District was eliminated and incorporated into the City Bella Project. The City Bella Project has a $450,000 loan from the Development Account to pay for land owned by the HRA. This loan will be paid by using the 15% Housing and Redevelopment Fund. First Year of Increment: 2006 Estimated Decertification Date: 2030 Outstanding Obligations: $8,473,470 Pay-as-you-go Tax Increment Revenue Note The City Bella District has a cash balance of $257,016. Conclusions: The HRA will be able to meet its debt obligation. J ®Richfield HRA Tax Increment Financing District Update 2010 Page 13 Y" 1 `{ 3~ Lyndale Gateway West TIF District Update The Lyndale Gateway West TIF District is comprised of the Cornerstone (Kensington Park) mixed-use redevelopment project located on Lyndale Ave. Tax increment revenue is pledged to the project to assist with site assembly expenses. A portion of Lyndale Gateway District was eliminated in 2002 and incorporated into the Lyndale Gateway West TIF District for the Cornerstone Project. First Year of Increment: 2006 Estimated Decertification Date: 2029 Outstanding Obligations: $3,470,000 Taxable General Obligation Tax Increment Bonds of 2003 In addition, the $1,630,000 General Obligation Tax Increment Bonds of 2000, which utilizes the Candlewood Hotel increment, helped provide a $1,100,000 loan from the ILN District: $600,000 of the loan will be paid back from tax increment and the developer will pay the balance of $500,000 when the developer refinances the development or in 2012, which ever occurs first. The interest on the total $1,100,000 will be paid back from tax increment. Tax increment from the Minnstar Builders townhouse project in the Lyndale Gateway District is being used to pay obligations related to the Cornerstone project. The Lyndale Gateway West District has a cash balance of $106,600. Conclusions: The HRA will be able to meet its debt obligation. Richfield HRA Tax Increir~ent Financing District Update 2010 Page 14 3,~ Cedar Corridor TIF District Update The Cedar Corridor TIF District is a redevelopment district comprised of the commercial/retail redevelopment in the Airport Noise Impact Area. This area is located along Cedar Ave. and 66r~' Street. This District was established in 2006 using Special Legislation from the Laws of Minnesota 2005, Chapter 152, Article 2, Section 25. First Year of Increment: 2008 Estimated Decertification Date: 2033 Outstanding Obligations: None at this time The Cedar Corridor District has a cash balance of $6,204. Conclusions: The District currently does not have any financial obligations. _..~ Richfield HRA Tax Increment Financing District Update 2010 Page I S 3,~~~ Decertified Tax Increment Financing Districts The HRA has decertified three TIF Districts: • Lyndale-Hub-Nicollet (LHN) District (a redevelopment district) was closed as of December 31, 2002. Cedar Avenue Business Area (CABA) District (an economic development district) ended in 1996. All of the accounting transactions to close the District were completed by December 31, 2000. • Penn Avenue and Sixty-Sixth Street (PASSS) District (a redevelopment district) was established in 1989 and terminated in 1996 due to a lack of feasible redevelopment opportunities. J ®Richfield HRA Tax Increment Financing District Update 2010 Page 16 3 ~~~ Established /Non-Certified Tax Increment Financing Districts The HRA has two TIF Districts which have been established, but have not been certified. These Districts could be certified at the time of development on the site(s): Housing Tax Increment Financing District 2009-1 (a housing district) on the Candlewood Outlot, was established to facilitate the development of an accessible, affordable, 51 unit housing project for very low income (30% AMI) seniors age 62 or older. The 1.13 acre site is located at 301 77t" Street West, also known as the vacant Candlewood Outlot. The site was purchased by the HRA in 1998 and since that time has been vacant. This TIF District could be used to provide assistance for any low- to moderate income housing development, which meets the income requirements for the TIF assistance. 2010-1 Housing TIF District (a housing district) was established to redevelop the Woodlake Plaza Shopping Center, which is currently a commercial center. The District includes 2 parcels currently owned by the developer and 1 parcel currently owned by the HRA. It is proposed that the Lyndale Commons development will consist of 90 units of rental housing. Housing Tax Increment Financing District 2009-2(a housing district) on the 0.94 acre, south portion of the former City garage site was created to facilitate the development of a 15 unit project for persons with physical disabilities to live independently in the community. A public hearing was held, but the Council has not adopted the TIF District. To complete the process, the Council would need to adopt a resolution establishing the TIF District and certify the District. This TIF District could be used to provide assistance for any low- to moderate income housing development, which meets the income requirements for the TIF assistance. ®Richfield HRA Tax Increment Financing District Update 2010 Page 17 J'~~ Housing and Redevelopment Fund The Housing and Redevelopment Fund. is a revenue source comprised of tax increment from the Gramercy, Urban Village, Interchange West/Lyndale Gateway, and City Bella TIF Districts. The purpose of the Housing and Redevelopment Fund is to fund a variety of housing needs for the community, including but not limited to, new construction of single-family homes and town homes; single-family home renovation and rehabilitation; and apartment rehabilitation. Currently, a portion of the tax increment revenue from the Gramercy, Urban Village and Lyndale Gateway/Interchange West TIF District are being transferred to the Housing and Redevelopment Fund. The Housing and Redevelopment Fund is used to support the New Home Program, Transformation Housing Program (a deferred loan program), and Kids at Home Program. J ®Richfield HRA Tax Increment Financing District Update 2010 Page 18 _ ~ A ~ T ~ 3 v ~ q a 8 ~ ~ ~ I ~ d O N ~ ~ m o ~ ~ m '~ 3 ~ o ~ N ~ o m ~ m m m c A ~ c ~ ~ a ~ ~ d 8 0. ~ ~~' ~ < o Y'. w ~i is XERXES WASHBURN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT t:~aoDC ~ ~ i Z GIRARD m N FREMONT N 1 • ~ EMERSON NO ~ N m DUPONT ~ O ~ p CO p ? COLFAX ~ N ~ O BRYANT ~ ALDRICH Z LYNDALE ~ GARFIELD ® HARRIET -~ GRAND PLEASANT ~ PILLSBURY J _ ~ A ~ fD 0 i ~ y.. V V v V j ~ V r T (l~ A W j r r O S ~ 7 S J d N .N. N J rn O O O m O O W N (O W J m .~. .'A.. Q d ~ S ~ J ~ 7 BLAISDELL ~ W N ~ ~ NICOLLET i ~ i i ~ +~ C ~ ~ 1st ~ ~ ~ ~ n A ~ STEVENS ~ ~ ~ 2nd ~ (p ~ ~ 3rd (D ~ r CLINTON 7 a- 4th ~ 5th Z _ C7 PORTLAND O ~p .-~ OAKLAND ~ PARK E- Z ... COLUMBUS CHICAGO p v p ~ ~ ~ ~ ~ ~ ELLIOT ~ CD `G a ~ `G ~ Q 10th ~ ~ CD ~ n ~ - 11th ~ ~ ~ ~ ~ 12th 0 ~ ~ ~ 13th ~ ~ ~ IA 14th C < r 15th fn 7 '~ Q OOMINGTON ~_ (p 16th ~ -~ 17th . ~ 18th LU `G CEDAR W J W (T A W N V O O W ~ O~ V~ A W N S S ~ ~ S ~ ~ .N.. ~ ~ S S ~'~T S Q D. d XE:RXES WASHBURN VINCENT UPTON THOMAS SHERIDAN RUSSELL QUEEN PENN OLIVER NEWTON MORGAN LOGAN KNOX JAMES IRVING HUMBOLDT GIRARD FREMONT EMERSON DUPONT COLFAX BRYANT ALDRICH LYNDALE GARFIELD HARRIET GRAND PLEASANT PILLSBURY WENTWORTH BLAISDELL NICOLLET 1 st STEVENS 2nd 3rd CLINTON 4th 5th PORTLAND OAKLAND PARK COLUMBUS CHICAGO ELLIOT 10th 1 1 th 12th 13th 14th 15th N I 2 r vT N m v m rn r O rn Z O m^ `JJ! ~"'1 O C Z v BLOOMINGTON 16th 17th 18th CEDAR W I~/ 0 1~ / ~ Jl Z AGENDA ITEM # REPORT # STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 20, 201 4 31 REPORT PREPARED BY: REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTNE DIRECTOR: MICxELLE J. T. LEWIS, HOUSING SPECIALIST NAME, TITLE ITEM FOR HRA CONSIDERATION: Consideration of a Subordination Agreement for the Housing and Redevelopment Authority's Transformation Home Loan at 7020 Newton Avenue. I. RECOMMENDED ACTION: By Motion: Approve request for a Subordination Agreement for a Housing and Redevelopment Authority's Transformation Home Loan at 7020 Newton Avenue. II. BACKGROUND Rich and Jody Phenow requested a Subordination Agreement fora $15,000 Transformation Home Loan approved in April 2006. The Phenows are proposing to refinance their first mortgage for two reasons. First to replenish the savings they used to complete their Transformation Home project; second to pay some college costs for their three children. The Housing and Redevelopment Authority's (HRA) Transformation Home Loan is in second position behind the Phenow's primary mortgage of $140,000. The Phenows are proposing to refinance the superior mortgage to a 15-year, fixed- interest rate mortgage of $250,000 and in that transaction to remove $185,000 in cash from the property's equity. Phenow Subordination Agreement Request Appeal KAREN BARYON, COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR The Phenows do not meet two of the HRA's Subordination and Satisfaction Policy (effective October 2008) Evaluation Criteria. The Phenow's proposal will increase the secured first mortgage by 78% (from $140,000 to $250,000) and they are removing cash equity for purposes other than home improvements. The Phenows meet all of the other Evaluation Criteria and their proposal leaves more than 20% equity in the property. III. BASIS OF RECOMMENDATION A. POLICY • According to the HRA's Subordination and Satisfaction Policy Evaluation Criteria: 4. "Any equity being removed beyond the cost of the loan transaction will be used to improve the property. A typed letter, dated and signed by the applicant, must be submitted stating the use of any equity being removed." The Phenow's proposal removes equity to replenish savings used to complete the Transformation Home project and to pay for three college educations. 5. "The overall value of superior debt must not be increased by more than 50%. Exceptions may be granted by the HRA in cases where superior debts are found to be unusually low with sufficient equity protection." The overall value of superior debt increases by 74%. The Combined Loan-to-Value ratio is 78%, leaving 22% of the property's equity unencumbered. • The Phenow's request meets all of the other Evaluation Criteria: o Closing costs do not exceed three percent (2.85%). o Payment terms are within the financial means of the borrowers. (15 year, fixed-interest rate (4.25%) loan that lowers monthly payment by $66.30) o The Combined Loan-to-Value ratio is 78%. o The HRA has not granted any previous subordination to the loan. o Property taxes are current. B. CRITICAL TIMING ISSUES • The Phenow's mortgage rate and term lock-in expires on September 30, 2010. C. FINANCIAL • The amount of debt ahead of the HRA lien is increased with the refinance scenario, but it leaves more than 20% equity in the property • The property's appraised value as of July 30, 2010 is $340,000. The current Hennepin County Tax Assessed Value is $330,000. • The refinance will lower the Phenow's monthly payments by $66.30. • The Subordination Agreement fee has been received. D. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S~ • Deny the subordination request. V. ATTACHMENTS • Photograph of 7020 Newton Avenue • Letter from Rich and Jody Phenow, homeowners (signed copy on file). VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Rich and Jody Phenow SUBJECT PROPERTY PHOTO ADDENDUM BOffOWer: RICHARD PHENOW FIIe NO' 2517 PfOpefty Addfe55:7020 NEWTON AVENUES Case No Clty: RICHFIELD State' MN Zlp' 55423 2945 Lefldef: MARKETPLACE HOME MORTGAGE LLC FRONT VIEW OF SUBJECT PROPERTY Appraised Date: ~~Iy 30.200 Appraised Value: $ 3ao,ooo REAR VIEW OF SUBJECT PROPERTY STREET SCENE ~~1 ~~~ City of Richfield HRA September 7, 2010 6700 Portland Avenue Richfield, MN 55423 Dear HRA Board Members: We are requesting an appeal to the denial of our loan subordination request. We are Richfield residents of 21 years having purchased our home before our first child was born. We have three children who have loved growing up in Richfield. Two of our sons (one this past June) graduated from Richfield High School, and we have a daughter who is currently a junior there. We love Richfield and all that it has offered our family over the years. We love the small town feel amidst the close proximity to a large metropolitan city. We have appreciated the City of Richfield's desire to keep our first ring suburb thriving and growing. We truly appreciated the opportunity to take part in the city's desire to update homes through the Transformation Loan. With the help of this loan and through our personal savings, we were able to add on an addition, make our home more energy efficient with better insulation, siding and replacing our 1940's windows along with landscaping to make a pleasing view for our neighbors and community. We can't thank the city enough for the care and forward thinking put into offering such a loan for Richfield residents. We are both pastors and our ministry brings with it entertaining for large groups of people. Our addition has given us wonderful space to host not only our own ministry gatherings but also Richfield Young Life in the past and many a Richfield team sports' (cross country running, nordic skiing, tennis, hockey, football) spaghetti dinners and breakfasts. Our new space also allowed us the opportunity to host a foreign exchange student from Sweden for the 2007-2008 school year. He loved his experience in the welcoming community of Richfield. For all of that we are grateful! Thank you! With two sons at Bethel University and our daughter two years away from college, we sat down with a trusted advisor who has helped us look to the future. We are a family committed to saving, but with the economic downturn some of our college savings took a hit and the house renovations also depleted a portion of our savings. As we stated earlier, our choice to upgrade our home's energy efficiency and space allowed us benefits while our kids were/are still at home and for our ministry lives in the future. We have covered college expenses in the past and are now currently but will need some help in the future. When discussing student loan options for the future with Bethel and with our advisor, it made the most financial sense to take out a new mortgage now since the interest rates are low (lower than that of student loans and not knowing where interest rates will go in the future). While our kids are doing their part to help with college costs, we also want to do the best we can to not saddle them with too much debt. My parents helped pay for my college ~;~ expenses. It was a true gift to only incur debt for our graduate degrees and not have college debt on top of that. While our kids won't have that exact luxury, we hope to do the best for them we can. We recognize and appreciate the concern of the HRA in the subordination request and the desire to protect their investment. We are asking you to consider our appeal for the reasons we have stated above and for the following: 1) Our current mortgage is four years from being paid off (April 2014) so we have equity built up. 2) Our home has recently been appraised at $340,000. If we took out a new mortgage for $250,000, there still would be a $90,000 difference to recoup the $15,000 transformation loan. 3) Our new first mortgage loan-to-value is 74%. The first new mortgage and existing second mortgage combined loan-to-value is 78%. According to the mortgage company we are still at a low risk combined with having a superior credit rating of 778. 4) We have had a stable work history. 5) We paid for our house project out of our savings and desire to replenish the savings we used. We love our home, our neighbors and the community of Richfield. We plan on staying and giving back to our community for years to come. Thank you for your consideration. Sincerely, Revs. Rich and Jody Phenow AGENDA ITEM # S REPORT # ~ ~ J STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 2U, 2UlU REPORT PREPARED BY: JULIE URBAN, HOUSING SPECIALIST NAME, TITLE KAREN BARYON, COMMUNITY REPORT PRESENTER: DEVELOPMENT ASSISTANT DIRECTOR NAME, TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Consideration of a resolution authorizing the purchase of real property located at 7220 Russell Avenue through the Richfield Rediscovered Program. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the purchase of real property located at 7220 Russell Avenue through the Richfield Rediscovered Pro ram. II. BACKGROUND In 2009 the property at 7220 Russell Avenue was declared unsafe for human occupancy by the City. The owner informed Inspections staff that she wasn't able to make the changes necessary to make it habitable and that she was interested in selling the property. The owner was referred to the Housing and Redevelopment Authority (HRA) staff for possible purchase by the HRA. Two appraisals were obtained on the property: one for $54,000 and one for $75,000. The initial offering price was the average of these appraisals, but a price of $70,000 was ultimately negotiated with the seller. This amount is consistent with recent property purchases. A Purchase Agreement was submitted to the owner and preliminarily accepted. The offer is contingent upon HRA approval. The agreed 09202010 7220 Russell Acquisition purchase price of $70,000 plus closing costs will be paid through the HRA's Housing and Redevelopment Fund. This expense is provided for in the 2010 Revised Budget. The 2010 assessed value is $172,000. The one-story rambler has two bedrooms, 829 square feet and a detached, two-car garage. The house was built in 1947. The house needs extensive work to make it habitable. An inspection was conducted on the house, and it was determined that it meets the substandard test and is a candidate for removal. The lot is 75 feet wide with 10,050 square feet. III. BASIS OF RECOMMENDATION A. POLICY • The 2008-2018 Richfield Comprehensive Plan states as policy: • Encourage the creation of "move-up" housing through new construction and home remodeling. • The small house is in poor condition, has limited market appeal and will be demolished to accommodate a home that provides move-up housing. • Through the City's Richfield Rediscovered Program, the HRA purchases and removes substandard and functionally obsolete housing and replaces it with newer, higher valued homes. B. CRITICAL TIMING ISSUES • The Purchase Agreement was submitted contingent upon HRA approval on September 20, 2010. • The HRA would close on the property by November 1, 2010. C. FINANCIAL • Due to the current housing market, the HRA is able to acquire the property at a very reasonable price of $70,000 plus closing costs. The proposed price is within the value range established by two appraisals. • Funds are available for the acquisition through the Housing and Redevelopment Fund. • Funding for this activity is proposed in the HRA's Revised 2010 Budget. D. LEGAL • Legal Counsel has prepared the Purchase Agreement. IV. ALTERNATIVE ~MMENDATION(S) ~ rize the purchase of the. property. ~ V. ATTACHMENTS ~ • rces~ruuun • Photo of existing structure • Purchase Agreement PRINCII'AL PARTIES EXPECTED AT MEETING ~ 5/ HRA RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 7220 RUSSELL AVENUE WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota ("the HRA") desires to purchase certain real property pursuant to and in furtherance of the New Home Program, said property being described as: 7220 Russell Avenue Lot 4, Block 3, Home Acres Addition; and WHEREAS, the HRA is authorized by Minnesota Statutes Section 469.012 to acquire real property within its area of operation; and WHEREAS, Housing and Redevelopment Funds are available for acquisition purposes. NOW THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Richfield: The purchase price for the property identified is approved at $70,000, plus closing .costs, not to exceed $77,000. 2. The Chairperson and Executive Director are authorized to execute a Purchase Agreement and to take other actions necessary to purchase the property for the amount set forth in this resolution. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota on this 20th day of September, 2010. Suzanne M. Sandahl, Chair ATTEST: Joan Helmberger, Secretary ~~ C~ 7220 Russell Avenue 5~~ PURCHASE AGREEMENT THIS AGREEMENT is made as of this day of _ 2010 by and between Marian A Nordstrom a single person ("Seller") and the Housing and Redevelopment Authority in and for the City of Richfield , a public body corporate and politic under the laws of the State of Minnesota ~~iRA" or `Buyer"). RECITALS A. Seller is the owner of property located at 7220 Russell Avenue South Richfield, Minnesota, which is legally described on the attached Exhibit A ("Property"). B. The Property .includes includes all. plants, shrubs and trees, storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse- drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, water heater, heating system, humidifier, central air conditioning, electronic air filter, automatic garage door opener with controls, water softener, cable television outlets and cabling, and built-ins, including dishwasher, garbage disposal, trash compactor, oven(s), cook tap stove, microwave oven, hood-fan, intercom and installed carpeting located on the premises which are the property of Seller. The property also includes the following personal property: NONE. Seller is responsible for removal of all personal property. .Seller may remove the following items, provided Seller does not cause any unnecessary damage to the Property: AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to the HRA the Property and the HRA agrees to purchase the same, according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total Purchase Frice for the Property is Seventy-Thousand Dollars and 00/100ths Dollars $70 000). B. TERMS: (1): EARNEST MONEY. The sum of One Thousand Four Hundred Dollars 1 400 Earnest Money shall be paid by the Buyer to the Seller. (2): BALANCE DUE SELLER: Buyer agrees to pay by check or electronic transfer of funds on the Closing Date any remaining Balance Due according to the terms of this Purchase Agreement. 315418v1 CBRRC125-4i S~ (3): DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed or Personal Representative's Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 2B(3) above, Seller shall deliver to the Buyer: a. Standard form Affidavit of Seller. b. A "bring-down" certificate, certifying that all of the warranties made by Sellers in this Purchase Agreement remain true as of the date of closing. c. Certificate that Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer discloses .the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the HRA may require. e. Well disclosure certification, if required, or, if there is no well on the Property, the Warranty Deed given pursuant to paragraph 2B(4) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property." f. Any other documents reasonably required by the HRA's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Purchase Agreement. 315418v1 CBR RC125-41 2 y,5 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 4 of this Agreement. b. Buyer's determination,. in .its sole discretion, that the results of the environmental investigation under this Agreement are satisfactory to Buyer;. c. The parties acknowledge that the Richfield zoning ordinance requires that lots in the R district meet certain minimum lot width, and area requirements. If these standards are not met, one or more variances will be .necessary prior to construction of a new dwelling on the property. If the City does not issue all variances necessary to make the property a buildable lot within the meaning of the zoning ordinance,. the Buyer at its sole discretion may cancel this Purchase Agreement; and d. Approval of this Agreement by the HRA's Board. Buyer shall have until the Date of Closing to remove the foregoing contingencies. The contingencies at a. b. and c. are- solely for the benefit of Buyer and may be waived by Buyer. The contingency at c. may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies at a., b. c, and d. are duly satisfied or waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If one. or more or Buyer's or Seller's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Purchase Agreement shall thereupon be void at the written option of Buyer, Seller shall return the Earnest. Money to Buyer, and Buyer and Seller shall execute and deliver to each other the termination of this Purchase Agreement. As a contingent Purchase Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21, et. seq. 4. Title Examination/Curing Title Defects. The Seller will provide the Buyer with the abstract of title for the Property for updating at Buyer's expense. If the abstract is not available, the HRA shall, at its expense and within a reasonable time a$er Seller's acceptance of this Agreement, obtain a commitment for title insurance ("Commitment") for the Property. The HRA shall have ten (10) business days after receipt of the commitment and executed Purchase Agreement to examine the same and to deliver written objections to title, if any, to Seller, or HRA's right to do so shall be deemed waived. Seller shall have until the Closing Date (or such later date as the parties may agree upon) to make title marketable, at the Seller's cost. In the event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Closing Date, then, this Agreement may be terminated at the option of the Buyer. 5. Environmental Investigation. The Seller warrants that the Property has not been used far production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact 315418v1 BAR ItC 125-41 3 y,~ which would indicate the Property. was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller's warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. Seller hereby grants to Buyer and Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. The Buyer is required to perform an environmental .assessment prior to committing federal Community Development Block Grant (CDBG) funds. Further, the Buyer or Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, including a release from environmental conditions related to the commitment and expenditure of CDBG funds, the Buyer at its sole discretion may cancel this Purchase Agreement. If the Buyer cancels this Purchase Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 6. Real Estate Tazes and Special Assessments. Real estate taxes payable in the year of closing will bepro-rated between the Buyer and Seller to the date of closing. Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied and pending, including. special assessmenrts installments payable after the year of closing. Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the date of closing (e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro-rated based on the amount due in the prior year. 7. Closing Date. The date of closing will be on or before f~OV~VVtb~Cy' ~ ~ ZOtO 2010. Delivery of all papers and the closing shall be made at the offices of HRA, 6700 Portland Avenue South, Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to HRA shall be made to the above address and marked to the attention of Housing Specialist. 8. Possession/LTtilities/Removal of Property/Escrow. (a) Possession. The Seller agrees to deliver possession not later than the date of closing. (b) Utilities. City water and sewer charges, electricity and natural gas charges, fuel oil and liquid. petroleum gas shall be pro-rated between the parties as of the date of closing. Seller shall arrange for final readings as of the date of closing. 31541$vl CBRRC125-41 4 5 ~1 (c) Personal Property. The Seller agrees to remove all debris and. all personal property not included herein from the Property before the possession date. Personal property not so removed shall be deemed forfeited to and shall. become the property of the Buyer. The Buyer may inspect the Property immediately prior to closing and deduct from the purchase price payable at closing an amount reasonably necessary to pay for the cost of removal of any debris or personal property then remaining on the Property. The provisions of this paragraph shall not merge with the deed and shall survive closing on the property. (d) Escrow. Seller agrees that, at closing, the HRA may retain Five Hundred Dollars ($SU0.00) from the purchase price for the Property as an Escrow for payment of personal property removal, disposal charges and utility charges. The retained amount, less deductions provided for this in paragraph 8, will be delivered to Seller no later than 60 days following the date of closing or delivery of possession, whichever is later. Said funds shall be held by Kennedy & Graven, Chartered, as Escrow Agent, pursuant to the terms of the Escrow Agreement attached here as Exhibit C. (e) The HRA's ability to deduct amounts due under this paragraph from the retained escrow is nat exclusive but is in addition to the HRA's rights at law and equity to collect such amounts from Seller. The Seller is responsible for the amounts due under this paragraph even if: (i) the HRA. neglects to deduct the amount from escrow; or (ii) the escrowed amount is insufficient to pay all amounts due under this paragraph 8. 9. Seller Warranties. (a) Sewer and water. Seller warrants that the Property is connected to City sewer and City water. (b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (e) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time the Seller first received the Buyer's written offer to purchase the Property. (e) Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Purchase Agreement or the transaction contemplated by this Purchase Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. 31541$vl C13RRC125-41 5 S~ (f) Structures. The Seller warrants that the buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge that the Property is being sold in "as is" condition relating to the structural, operational, and mechanical systems. 10. Closing Costs/Recording Fees/Deed Taz. The HRA will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) the premium for title insurance policy, if any, obtained by the HiZA; and (c) the recording fee for the deed transferring title to the HRA. Seller will pay all other fees normally paid by sellers, including (a) any transfer taxes and recording fees required to enable the HRA to record its deed from Seller under this Agreement, and (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Date of Closing, HRA, its employees and agents, shall be entitled to enter upon the Property to .conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the H12A shall elect; provided, that Seller is given at least 24 hours' notice. 12. Risk of Loss. It there is any loss or damage to the Property between the date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the closing date, -this Purchase Agreement shall become null and void, at the HRA's option. At the request of the HRA, Seller agrees to sign a cancellation of Purchase Agreement. 13. Default/Remedies. If the Buyer defaults in any of the covenants herein, the Seller may terminate this Purchase Agreement, and on such termination all payments made hereunder shall be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Purchase Agreement, provided this Purchase Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Purchase Agreement and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Notice. Any notice, demand, request or other communication which may or shall be given or served by the parties, shall be deemed to have been given or served on the date.the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: 31541$v1 C$~tRC125-41 6 5 `~ SELLER: Marian A Nordstrom 9501 Garfield Ave S Bloomington MN 55420 BUYER: Housing and Redevelopment Authority of the City of Richfield Attn: Housing Specialist 6700 Portland Avenue South Richfield, MN 55423 AGENT: Kennedy & Graven, Chartered ATTN: Corrine Heine and Catherine B. Rocklitz 470'U.S. Bank Plaza. 200 South Sixth Street Minneapolis, MN 55402 15. Entire Agreement. This Purchase Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and the HRA and supersedes any other written or oral agreements between the parties relating to the Property. This Purchase Agreement can be modified only in a writing properly signed on behalf of Seller and the HRA. 16. Survival. Notwithstanding any other provisions of law or court decision to the contrary, the provisions of this Purchase Agreement shall survive closing. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date and year above. Buyer: Dousing and Redevelopment Authority Seller: in and for the City of Richfield By I ~f~G~~Gl.Q/1~G ~~~ L:01yG is Chatr Marian A. Nordstrom And by: Its Executive Director 315418v1 C13R ttCt25-41 7 EXHIBIT A Lesal Description of Property Lot 4, Block 3, Home Acres Addition, Hennepin County, Minnesota S,~D A-1 5 'II EXHIBIT B Escrow Agreement THIS AGREEMENT entered into this day of , 2010, by and between Marian A. .Nordstrom a sin lg a person ("Seller"), the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, a Minnesota municipal corporation (`LIRA" or "Buyer"), and KENNEDY & GRAVEN, CHARTERED ("Escrow Agent" or "Agent"). RECITALS A. Seller and Buyer have entered into a Purchase Agreement dated 2010 ("Agreement") for the sale of property located at 7220 Russell Avenue South, Richfield, Minnesota and legally described on the attached Exhibit One (the (~~~'opert3',~) B. The parties desire to close the sale of the. Property on AGREEMENT The parties agree as follows: 1. Delivery of Possession. Seller shall deliver possession of the Property to Buyer on or in accordance with the Purchase Agreement entered into by the parties. The Purchase Agreement requires the Seller to pay all utilities and to remove all personal property from the Property upon closing. 2. Escrow. (a) Upon closing and execution of this Agreement, Seller agrees to deposit into escrow the sum of $500.00 (the "Escrowed Funds") from the purchase price, to be held by Agent in anon-interest bearing account. (b) Within 7 days after requested by Agent, Buyer shall provide to Agent (with copy to Seller) evidence of expenses incurred for the removal and disposal of personal property and for payment of utility charges for services provided to the Property prior to date of possession, if any. Agent shall reimburse Buyer for the incurred expenses from the Escrowed Funds within 7 days following receipt of such evidence from Buyer. (c) Agent shall deliver to Seller the balance of the Escrowed Funds on deposit, less deductions provided for in paragraph 6(b) above, no later than 30 days following vacation of the Property by Seller. (d) The sole duties of Agent shall be those described herein, and Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Agent shall have no duty or liability to verify any amounts deducted from the retained amount and Agent's sole responsibility shall be B-1 S~~a to act expressly as set forth in this Escrow Agreement 7. Escrow Agent Liability. The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties .hereto are complying with any requirements of law or the terms and conditions of any other agreements among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting on any notice believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on Escrow Agent's part. Escrow Agent shall have no duty or liability to verify any such notice, and its sole responsibility shall be to act expressly as set forth in this Escrow Agreement. Seller and Buyer understand that Agent is legal counsel to the Buyer and each consents to Agent's serving as Escrow Agent notwithstanding such representation. In the event Agent determines, in its sole discretion, that it cannot continue t0 serve as Escrow Agent herein, Agent shall deposit the funds with Old Republic National Title Insurance Company or such other Escrow Agent acceptable to Seller and Buyer. Seller consents to Agent's continued representation of Buyer after a deposit is made, and Buyer agrees to pay all escrow fees charged by the substitute Escrow Agent. 8. Notices to be sent to the parties to this Agreement shall be sent by mail or personal delivery to: SELLER: Marian A. Nordstrom 9501 Garfield Ave S Bloomington, MN 55420 BUYER: Housing and Redevelopment Authority in and for the City of Richfield Attn: Housing Specialist 6700 Portland Avenue South Richfield, MN 55423 AGENT: Kennedy & Graven, Chartered ATTN: Corrine Heine and Catherine B. Rockiitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. B-1 5--~ SELLER: ESCROW AGENT: KENNEDY & GRAVEN, CHARTERED By: BUYER: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By: Its Chair And by: Its Executive Director B-1 5~~~ Ezhibit One Legal Description of Property Lot 4, Block 3, Home Acres Addition, Hennepin County, Minnesota B-1 AGENDA ITEM # E) REPORT # 3 3 STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 20, 2010 REPORT PREPARED BY: REPORT PRESENTER: LYNNETTE CHAMBERS, LEASED HOUSING SPECIALIST NAME, TITLE JOHN STARK, COMMUNITY DEVELOPMENT DIRECTOR TITLE DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTNE DIRECTOR: ITEM FOR HRA CONSIDERATION: Conduct a public hearing to consider the approval of the Richfield Housing and Redevelopment Authority's Annual Public Housin Authori Plan. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: Approve the Housing and Redevelopment Authority's Annual Public Housing Authority Plan for the Section 8 Housing Assistance Program and authorize the Chair and Executive Director to execute program documents. II. BACKGROUND The Quality Housing and Work Responsibility Act of 1998 (QHWRA) was created by Congress. QHWRA requires the Housing and Redevelopment Authority (HRA), as a Public Housing Agency (PHA), to have afive-year plan and an annual plan (Plan). The five-year PHA Plan describes the housing mission of the Agency and the Agency's long-range goals and objectives for achieving its mission over the subsequent five years. The annual PHA Plan provides details about the Agency's immediate operations, program participants, and programs and services and the Agency's strategy for addressing the needs of the community in the upcoming fiscal year. Staff has developed a PHA Plan in proper form and content. 092010 PHA Plan for 2011 HRA The QHWRA also requires the HRA to maintain a "Resident Advisory Board" to make comments about the PHA Plan. The Resident Advisory Board, comprised of program tenants that volunteer to provide feedback, where given copies of the PHA Plan and given an opportunity to comment. They had no additional comments to the PHA Plan. In addition, per HUD requirements, the PHA Plan was made available to the public 45 days in advance of the Public Hearing for additional comments and/or concerns. No' one came forward with any comments and/or concerns with regards to the PHA Plan. III. BASIS OF RECOMMENDATION • I he HRA must formally adopt the PHA Plan following a public hearing. • The Department of Housing and Urban Development (HUD) requires the HRA Chair and Executive Director to execute documents. • HUD has designated Richfield as a high performer; signaling a high level of performance. • The public hearing notice of 45 days has not generated any comments or concerns. B. CRITICAL TIMING ISSUES • Failure to approve the PHA Plan will result in receiving anon-compliance status with HUD. "Non-compliance" violates the contracts that the HRA has with HUD and results in a loss of administrative and rent assistance funds. • The "Resident Advisory Board" had no comments on the PHP Plan. C. FINANCIAL • The HRA has four contracts for administrative and rent assistance funds with HUD. • Annually, the HRA receives approximately $1,372,656 for rental assistance payments and $160,416 for administrative payments. A current PHA Plan is a requirement of these contracts. D. LEGAL • The Housing Assistance Program (HAP) contracts that the HRA has with HUD have been previously reviewed and approved by legal counsel. • Proper notice was published on July 29, 2010 in the Sun Current of the availability to review the PHA Plan and of the public hearing to be held concerning PHA Plan approval. The publication schedule is in compliance with HUD regulations. IV. ALTERNATIVE RECOMMENDATION(S~ • Do not approve the PHA Plan at this time. (Thy with HUD). ~ V . ATTACHMENTS • Summary Update (Attachment A) HRA would not be in compliance V~ 1. PRINCIPAL PARTIES EXPECTED AT MEETING ~-i Attachment A Summary Update Richfield HRA Annual Year Plan, Year 2011 September 20, 2010 The Annual Pubic Housing Agency Plan (PHA Plan) is a 6-page document, known as HUD Form #50075; this PHA Plan provides a standard way for all PHA Plans and the Richfield Housing and Redevelopment Authority (HRA) to report that the PHA Plan complies with all federal regulations. To summarize: ^ The mission of the HRA is the same as HUD's: to promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. ^ The HRA goals are to: - Secure more rental vouchers when available. - Acquire and/or build affordable housing. - Improve program administration (Richfield is already a high performer). - Increase program participation by landlords. - Promote client self-sufficiency. - Ensure equal opportunity and fair housing standards are achieved. The PHA Plan document ends with: • a drug-free certification form; • a certificate that no payments have been made to influence federal transactions; and • a three page certification form that the HRA does and will comply with all applicable federal regulations as listed on the certification and signed by the HRA Chair. The Annual PHA Plan in its entirety is always available to the HRA and the public. The PHA Plan is available for review in the Community Development Department. AGENDA ITEM # REPORT # ~ 4 STAFF REPORT HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 20, 2010 REPORT PREPARED BY: KAREN BARYON, COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR NAME, REPORT PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Discussion regarding the potential future redevelopment of 2517 West 76th Street. I. RECOMMENDED ACTION: By Motion: No action required. Discussion regarding the potential future redevelopment of 2517 West 76th Street. II. BACKGROUND The property located at 2517 West 76th Street is asix-bedroom single-family home situated on three lots. The home is currently vacant and has been for sale for several years. The property is abutted by multi-family residential buildings to the east and south, 76th Street to the north, and Sheridan Avenue to the west. The property is currently zoned R, single-family residential, but is guided for medium- density multi-family housing. Due to the location of the home and its large size, it has been difficult to find a buyer interested in purchasing the home for single-family occupancy. Earlier this year, Accessible Space Inc. (ASi), anon-profit developer, entered into an option agreement with the sellers to purchase the property for redevelopment with accessible, affordable multi-family housing. Unfortunately ASi was unable to 09202010 2517 W 76th St Discussion KAREN BARYON, COMMUNITY DEVELOPMENT ASSISTANT DIRECTOR secure funding for the proposed project and the house will be placed back on the open market for sale. The Richfield Housing and Redevelopment Authority (HRA) receives federal Community Development Block Grant (CDBG) funds annually for the development of affordable housing. The HRA currently has approximately $335,000 available in CDBG funding for the acquisition of property for the future development of affordable housing. $167,000 of the CDBG funding must be spent or under contract by December 31, 2010 or the HRA may be required to forfeit the funds. Staff is proposing utilizing the CDBG funds to acquire the property at 2517 West 76th Street and subsequently contracting with anon-profit developer to redevelop the property with multi-family housing. CDBG requires that at least 51 % of the units developed be affordable to households at or below 80% of the area median income ($64,000 for a family of four). ASi has expressed interest in working with the HRA to redevelop the property with accessible, affordable multi-family housing. Staff has also discussed the development of affordable and market-rate townhomes on the site with the Greater Metropolitan Housing Corporation (GMHC). III. BASIS OF RECOMMENDATION 1~. POLICY • The Richfield Comprehensive Plan calls for the City to•"Promote the development, management, and maintenance of affordable housing in the City." B. CRITICAL TIMING ISSUES • The HRA may be required to forfeit $167,000 in CDBG funds if the funds are not spent or under contract by December 31, 2010. C. FINANCIAL • The HRA currently has approximately $335,000 available in CDBG funds for the purchase and clearance of property for the future development of affordable housing. • The property was recently listed at $300,000. D. LEGAL • N/A TERNATIVE ~ V . ATTACHMENTS • Photos of property • Map VI. PRINCIPAL PARTIES EXPECTED AT MEETI1vCi - -- ' ryr', a,4~ _,x.4 ~~ ,. M1 ... ~. ;~ ,,,, t€ ., _ S~ ~.~^ +~r - '.y=r~s G ~~rr, ~'' di ~ ~9~ '' .. M C' 4 .V'fi'.. lC~f" Gay R' ,4 , k ~d ~2 ~. ... s~ ,~~ ... ~. ate. ;~,~... _.. ~ _ ~ ; .. _ „; ~ . .... ., ObV r a~ $, • ..-. 4' t~ 'd;:. ~i ~ pica ~ .7 ~~ q <,. _ .. y P:, '~ryti .. ' R x ks R ~ : ~ r ~ r. ~ ii a «~. .' ,; ~, v --a '. r .'~ x e _ ; , . . i .. ~S ~ ,,. ~ '~~--~ ._.s ~+r~ ~ = '~...'~~ a `tins. _,~..: _~. r_ ~_ ~~ .~: ~~~~ ~~:W .?t' ~ ,e , .,, .mew.. -... ~~~-. ~' `~~.~~~' ~:.rt :. ~.°.',:~~ti~,.. , ,._ _.r.. ~-- _. ~ ~... 7544 7545 7544 I 7545 I ~ - - - - - - - 76TH ST W 76x0 _.. 76x8 17614 176za 7626 7632 ]638 7644 77aa 77x8 7714 I77za 77z6 I I 773z ~ z8aa J r . gs~~rst w _ _ __-~ ~y~s-se wg i~ - -_ _ "~~ - -_ - - - - - - IfVTERSTft'1'E 49~t - ~~ '~ i `; , --~ _~ -- ~*~ ~~ {~ - _ ~MTERSTgTf-444 , ~/ _ _ ~ ~~I~ Ta~`NN f ' 1/aW Vevn :I ~.+wiMcL115 Cuory..gn;'J: .Cr;~S G~52]JS '4~.5 _ ~ ~ ---- ~ r i~°