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08-29-1988s CITY OF RICHFIELD, MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY AUGUST 29, 1988 MEMBERS PRESENT: Thomas Harms, Chairman; Donald Hassenstab; Joan Helmberger; Ivan Ludeman; and Vern Luettinger. CITY COUNCIL MEMBER PRESENT: Martin Kirsch STAFF PRESENT: James Prosser, Executive Director; Steven Devich, Acting City Clerk; Byron Wallace, Community Development Director; Bruce Palmborg, Housing and Redevelopment Coordinator; Bruce Nordquist, Housing Specialist; and Cathy Jones, Community Development Aide. The meeting was called to order by Chairman Harms at 7:02 p.m. APPROVAL OF MINUTES M/Ludeman, S/Helmberger to approve the minutes of the Regular HRA meeting of June 20, 1988. Motion carried 5-0. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ANY ITEM NOT LISTED ON THE AGENDA. No one wished to address the HRA. Ite^ #1 ADOPTION OF RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT MITH DONALD A. JOHNSON FOR PROPERTY AT 6941-45 PENN AVENUE SOUTH. HRA LETTER N0. 22. Executive Director Prosser reviewed HRA Letter No. 22 concerning the adoption of a resolution approving contract for private development with Donald A. Johnson for property at 6941- 45 Penn Avenue South. Mr. Prosser described the project, development process and zoning.. HRA Meeting Minutes -2- August 29, 1988 There was general discussion. relating to the C-1 zoning status of the property. Claire Berg, 6929 Penn Avenue, stated that she was concerned that there was no restriction on hours of operation. She was also concerned about the potential increased risk of flooding problems in her home. Tom Kerr, 7016 Penn Avenue, stated that the C-1 classification for this property is too broad. Debra Olson, 6901 Penn Avenue, spoke in opposition to the pro3ect because of the inadequacy of the City storm sewer systems. Don Johnson, applicant, stated that the site grading plan was developed in consideration of the water and flooding problems. He added that there is no intent to use the building for retail purposes. Community Development Director Wallace read language from a proposed restrictive covenant developed by the City Attorney, department staff and the developer which restricts use of the proposed facility to certain professional services and specifically excludes the sale of consumer goods. It also prohibits modifications to the building exterior. Executive Director Prosser stated that the standards for water drainage will be closely followed to ensure that no additional water runoff occurs because of the project. Commissioner Hassenstab stated that there have been approximately six proposals for development on that site. He went on to state that he felt Don Johnson would ensure that the restrictive use and water runoff concerns would be diligently dealt with. M/Hassenstab, S/Luettinger to close public hearing. Motion carried 5-0. M/Hassenstab, S/Luettinger that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes with two stipulations: RESTRICTIVE COVENANT 1. Without the written consent of the Grantor the real property hereby convened shall not be devoted to any use or purpose other than as offices for professionals such as accountants, lawvers, doctors and dentists; or other office uses which do not directly involve the consumer sale of HRA Meeting Minutes -3- August 29, 1988 goods or services on the premises nor shall the building exterior be modified from the structure de icted anal describe in the approved Proiect Plans. If without such consent the real property, or any part thereof, shall ever be used for another purpose, or the structure is so modified, Grantor shall have the right, through iniunctive an o er eau a ac ~n_ _n SPP Pn IIT f'Pm AEI A C ons ri nzs or ~enr~a:r~s nereunaer with res ect to a Chan a of use or purpose un 1 Gran ee has ha s x ays a er e a e of written notification by the Gran or of suc c ange o' use or purpose to either terminate or obtain written consent for such changed use or purpose. This covenant is intended for the benefit of the Grantor and shall run with the land and be binding, upon Grantee and Grantee's successors and assigns, and 2. The City Engineer will require that due dili ence be used in formulation of a drainage plan which will not adversely affect neighboring properties. RESOLUTION N0. 322 RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT WITH DONALD A. JOHNSON FOR PROPERTY AT 6941-45 PENN AVENUE SOUTH Motion carried 5-0. This resolution appears as Resolution No. 322 in Resolution Book 3. Item #2 ADOPTION OF RESOLUTION AUTHORIZING THE ACQUISITION OF 7101 FIRST AVENUE SOUTH TO PROVIDE AFFORDABLE HOUSING Executive Director Prosser reviewed HRA Letter No. 23 concerning the adoption of a resolution authorizing the acquisition of 7101 First Avenue South to provide affordable housing. Mr. Prosser stated that purchase is contingent upon receiving a variance for the property to allow the construction of a new residential structure. HRA Meeting Minutes -4- M/Ludeman, S/Helmberger that RESOLUTION AUTHORIZING THE ACQUISITION OF 7101 FIRST AVENUE SOUTH TO PROVIDE AFFORDABLE HOUSING be Motion carried 5-0. This resolution appears as Resolution No. 323 in Resolution Book No. 3. Item #3 ADOPTION OF RESOLUTION APPROVING MODIFICATIONS TO THE RICHFIELD HOME REHABILITATION DEFERRED LOAN PROGRAM. HRA LETTER N0. 2~. Executive Director Prosser reviewed HRA Letter No. 24 concerning fiche adoption of a resolution approving modifications to the Richfield Home Rehabilitation Deferred Loan Program. Commissioner Hassenstab questioned the 109K hold back provision on the contract partial payment procedure. Housing and Redevelopment Coordinator Palmborg responded that the 10~G is standard but that the County would be contacted to see if a greater amount could be secured. M/Luettinger, S/Ludeman that the followin resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: ' RESOLUTION N0. 324 RESOLUTION APPROVING MODIFICATIONS TO THE RICHFIELD HOME REHABILITATION DEFERRED LOAN PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 324 in Book No. 3. Item #a ADOPTION OF A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO HUD REQUESTING AN ALLOCATION OF SECTION 8 HOUSING PAYMENT ASSISTANCE. HRA LETTER N0. 25. Executive Director Prosser reviewed HRA Letter No. 25 concerning the adoption of a resolution authorizing submission of an application to HUD requesting an allocation of Section 8 housing payment assistance. August 29, 1988 RESOLUTION N0. 323 HRA Meeting Minutes ado mad -5- M/Ludeman, S/Luettinger that the fo ution be RESOLUTION N0. 325 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO HUD REQUESTING AN ALLOCATION OF SECTION 8 HOUSING PAYMENT ASSISTANCE Motion carried 5-0. This resolution appears as Resolution No. 325 in Resolution Book No. 3. Item #5 ADOPTION OF RESOLUTION APPROVING THE ISSUANCE OF CERTIFICATE OF COMPLETION, MARKET PLAZA/MARKET TONERS. HRA LETTER NO. 26. 1 Executive Director Prosser reviewed HRA Letter No. 26 concerning the adoption of resolution approving the issuance of a certificate of completion, Market Plaza/Market Towers. Mr. Prosser stated that all City Departments have reviewed this matter to ensure compliance with aspects of the developer's agreement. Commissioner Ludeman questioned if all obligations to subcontractors have been paid before approval. Housing and Redevelopment Coordinator Palmborg said that the HRA does not have a right to withhold approval for that reason. He added that staff is not aware of anyone filing against the contractor to date. M/Ludeman, S/Luettinger adopted; that it be spread in made part of these minutes: RESOLUTION N0. 326 RESOLUTION APPROVING THE ISSUANCE OF A CERTIFICATE OF COMPLETION, MARKET PLAZA/MARKET TOWERS Motion carried 5-0. This resolution appears as Resolution No. 326 in Resolution Book No. 3. that the following resolution be the resolution book and that it be August 29, 1988 HRA Meeting Minutes -6- August 29, 1988 Item #6 ADOPTION OF A RESOLUTION AUTHORIZING IMPLEMENTATION OF THE RICHFIELD SECTION 312 REHABILITATION LOAN PROGRAM HRA LETTER NO. 27 Executive Director Prosser reviewed HRA Letter No. 27 concerning the adoption of a resolution authorizing. implementation of the Richfield Section 312 rehabilitation loan program. Commissioner Hassenstab questioned if this is a new program. Executive Director Prosser responded that it is new to Richfield.. M/Ludeman, S/Helmberger adopted; that it be spread in made part of these minutes: RESOLUTION N0. 327 e be RESOLUTION AUTHORIZING IMPLEMENTATION OF THE RICHFIELD SECTION 312 REHABILITATION LOAN PROGRAM Motion carried 5-0. This resolution appears as Resolution No. 327 in Resolution Book No. 3. Item #7 ADOPTION OF A RESOLUTION ESTABLISHING THE PASSS ADVISORY COMMITTEE. HRA LETTER N0. 28 Executive Director Prosser reviewed HRA Letter No. 28 concerning the adoption of a resolution establishing the PASSS Advisory Committee and by-laws. The Executive Director .recommended one Committee instead of two. However, he added that if it was felt necessary, subcommittees could be formed. Commissioner Ludeman opposed one Committee, instead he favored two Committees, one for residential and one for businesses. He also opposed the Chair of Planning Commission being Chair of this Committee. Commissioner Harms added to the bylaws that the Committee may divide into subcommittees of residential and business people t the followin resolution e resolution boo and that s HRA Meeting Minutes -7- August 29, 1988 for purposes of deliberating and/or providing reports or separate concerns, if this is deemed advisable. Chairman Harms suggested that Ms. Murray be the convener and that the Committee select a Chair once it has convened. M/Luettinger, S/Harms that the following resolution be adopted; that it be spread in the resolution book and that it be made part of these minutes: RESOLUTION N0. 328 RESOLUTION ESTABLISHING THE PASSS ADVISORY COMMITTEE Motion carried 5-0. This resolution appears as Resolution No. 328 in Resolution Book No. 3. Item #8 PRESENTATION OF ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDING DECEMBER 31, 1987. HRA LETTER N0. 29. Executive Director Prosser reviewed HRA Letter No. 29 concerning the presentation of the annual comprehensive financial report for fiscal year ending December 31, 1987. M/Luettinger, S/Helmberger to receive the annual comprehensive financial report for fiscal year ending December 31, 1987. Motion carried 5-0. Item #9 CLAIMS AND PAYROLLS M/Ludeman, S/Hassenstab that the following claims and payrolls be approved.: FIRST WESTERN BANK [1 Checks 7021/7030, 8137/8164 $155,115.69 Motion carried 5-0. •s HRA Meeting Minutes -8- August 29, 1988 Item #10 REPORTS OF EXECUTIVE DIRECTOR None Item #11 COMMISSIONERS DISCUSSION ITEMS None ADJOURNMENT Chairman Harms adjourned the meeti~,/ at 8:04 p.m. ~r; ~ / Date Approved: 9/27/88 % ~';~,~~~ ,c~~~ /~ / T mas Harms a rman Actgng City Clerk f 1/ P,%`~~" ~~ ames D. Prosser xec tive Director 1