HomeMy WebLinkAbout2000-08-15 HRA Regular Meeting MINUTES
. OF THE JOINT MEETING OF THE
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
AND EDINA CITY COUNCIL
HELD AT CITY HALL
AUGUST 15, 2000 - 7:00 P.M.
ROLLCALL Answering rollcall were Commissioners/Members Faust, Hovland,
Johnson, and Chair/Mayor Maetzold.
CONSENT AGENDA APPROVED Motion made by Commissioner Johnson and
seconded by Commissioner Faust approving the Edina Housing and
Redevelopment Authority Agenda as presented.
Rollcall:
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND
REDEVELOPMENT AUTHORITY FOR AUGUST 1, 2000, APPROVED Motion made
by Commissioner Johnson and seconded by Commissioner Faust approving the
Minutes of the Regular Meeting of the Edina Housing and Redevelopment
Authority for August 1, 2000.
Motion carried on rollcall vote -four ayes.
RESOLUTION NO. 2000-06 AN AMENDMENT TO REDEVELOPMENT PLAN -
ESTABLISHMENT OF HAZARDOUS SUBSTANC UBDISTRICT APPROVED
Director/Manager Hughes explained that a public hearing must be conducted to
establish a Hazardous Substance Subdistrict to the Grandview Tax Increment District.
He presented amendments to the Grandview redevelopment plan and tax increment
district taking actions as follows:
1. Clarify the authorized expenditures for the plan. The 1999 amendments were
placed in categories that did not match the State-mandated reporting
requirements. The proposed amendment places the dollars into the proper
categories.
2. Clarify the amount of bonded indebtedness to be incurred pursuant to the
Financing Plan. The original amendments authorized $15,092,000 in
additional expenditures. The amendment as presented states the bonded
indebtedness cannot exceed this amount. The expenditures of tax
increments to pay interest is authorized as well.
3. Authorize the establishment of a hazardous substance subdistrict and adopt
a financing plan. This subdistrict is established to finance the environmental
cleanup costs associated with the development project. This form of
subdistrict utilizes the base taxes of the tax increment district to finance the
cleanup cost. The district may last for 25 years or until the cleanup costs are
• paid off.
Director/Manager Hughes presented comments from Hennepin County Deputy
Administrator Richard Johnson. The County views this as a financing tool of"last resort"
JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000
and acknowledges that this amendment satisfies the criteria established by the County •
Board for use of tax increment financing.
Commissioner comments
Commissioner/Member Hovland inquired about the cost of the removal and remediation
of the hazardous substances. Director/Manager Hughes elaborated that remediation is
still estimated at one million dollars.
Resident comment
John Menke, 5301 Pinewood Trail, asked; 1) why does the City want to establish a
hazardous substance district, 2) has this been done before in Edina, 3) why for this
developer, and 4) is this be a million dollar bonus for the developer. He said Opus Clark
knew what they were doing, they made a bid and they should pay their own way.
Director/Manager Hughes said fortunately the City has little experience with polluted
sites. The City has been involved in clean-up of buried concrete found at Centennial
Lakes previously at the cost of three-quarters of a million dollars borne by that tax
increment district. It is a problem associated with older industrial areas and the situation
needs to be faced when the sites are redeveloped.
Commissioner/Member Johnson said it is the obligation of the City to deliver buildable
property and this is not providing a subsidy but fulfilling a contractual commitment to the •
developer.
Director/Manager Hughes informed the HRA that all proposals that were received
during the process included a caveat that the land was clean.
Chair/Manager Maetzold explained the State Legislature contemplated this type of thing
happening and established a tax increment act that addresses hazardous waste.
Commissioner/Member Johnson made a motion to close the Public Hearing.
Commissioner/Member Hovland seconded the motion.
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
Commissioner/Member Hovland introduced the following Resolution and moved
its adoption:
HRA RESOLUTION NO. 2000-06
RESOLUTION APPROVING MODIFICATION OF GRANDVIEW
REDEVELOPMENT PROJECT NO. 1, GRANDVIEW AREA
REDEVELOPMENT PLAN AND GRANDVIEW TAX INCREMENT FINANCING
PLAN AND REQUESTING THE APPROVAL OF THE CITY COUNCIL
BE IT RESOLVED, by the Board of Commissioners (the "Board") of
the Housing and Redevelopment Authority in and for the City of Edina, Minnesota •
(the "HRA"), as follows:
1. Proposed Amendment. The HRA and the City of Edina (the "City")
have approved a redevelopment plan, as defined in Minnesota Statutes, Section
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August 15, 2000
469.002, subdivision 16, designated as the Grandview Area Redevelopment Plan
(the "Redevelopment Plan"), and a redevelopment project to be undertaken
pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision
14 designated as Grandview Redevelopment Project No. 1 (the "Redevelopment
Project"), and that in order to finance the public redevelopment costs to be
incurred by the HRA and City in connection with the Redevelopment Plan and the
Redevelopment Project, the HRA and City have approved a tax increment
financing plan, pursuant to the provisions of Minnesota Statutes, Section
469.175, designated as Grandview Tax Increment Financing Plan (the "Financing
Plan"), which establishes a tax increment financing district, as defined in
Minnesota Statutes, Section 469.174, subdivision 9, designated by the HRA as
Grandview Tax Increment Financing District (Hennepin County No. 1202) (the
"District"). On April 7, 1997 and December 7, 1999, the HRA and City approved
amendments to the Redevelopment Plan, Redevelopment Project and Financing
Plan (the "Amendments"). It has been proposed that the HRA approve
amendments to the Redevelopment Project, Redevelopment Plan and Financing
Plan, as amended by the Amendments, which is entitled "Modification of
Grandview Redevelopment Project No. 1, Grandview Area Redevelopment Plan
and Grandview Tax Increment Financing Plan for Tax Increment Financing
District No. 1202" (the "2000 Amendment"). The 2000 Amendment establishes
Hazardous Substance Subdistrict No. 1 (the "HSS") within the District and
authorizes the use of tax increment derived from the HSS to pay or reimburse
costs specified within Minnesota Statutes, Section 469.176, subdivision 4c, within
the HSS.
2. Approval of 2000 Amendment. The 2000 Amendment has been
presented to this Board and is ordered placed on file in the office of the Executive
Director of the HRA, and the 2000 Amendment is hereby approved. The 2000
Amendment further serves the original goals and objectives of the City and HRA
in approving the Redevelopment Plan, the Redevelopment Project and the
Financing Plan and the Amendments, by redeveloping property in the City in
order to prevent or reduce blight, blighting factors and the causes of blight, and
by providing needed public facilities. The HRA makes the findings specified in
Subsection 2-4 of the 2000 Amendment which findings and the reasons and
supporting facts thereof are by reference incorporated herein.
3. Presentation to City Council. The 2000 Amendment hereby
approved shall be presented to the City Council for a public hearing thereon
pursuant to Minnesota Statutes, V Section 469.029, subdivision 6 and Section
469.175, subdivision 4.
Dated the 15th d of ugust, 2000.
ATTEST:
EX"6d4bve Director Chair �-
Comm issioner/Member Faust seconded the motion.
Rollcall:
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JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000
Ayes: Faust, Hovland, Johnson, Maetzold •
Motion carried.
RESOLUTION NO. 2000-05, BUSINESS SUBSIDY AGREEMENT APPROVED
Director/Manager Hughes explained that Minnesota law provides that the TIF
assistance being provided to the Grandview Square project constitutes a "business
subsidy" under Minnesota Statutes, Section 116J.993 through 116J.995 (the 'Business
Subsidy Act"). The Act requires that prior to providing such assistance, the HRA hold a
public hearing concerning business subsidy criteria under the Business Subsidy Act
and enter into an Agreement with the recipient that provides for certain obligations on
behalf of the recipient. If the recipient does not meet the obligations, the assistance is
required to be repaid to the HRA. The Business Subsidy Act provides that if the HRA
determines that following a public hearing that creation or retention of jobs is not a goal
of the HRA in providing the assistance, then the wage and job goals for the Business
Subsidy may be zero.
No public comments were heard.
Commissioner/Member Hovland made a motion to close the Public Hearing.
Commissioner/Member Faust seconded the motion.
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
Following a brief discussion,ssion Commissioner/Member Johnson introduced the •
following Resolution and moved its adoption:
HRA RESOLUTION NO. 2000-05
RESOLUTION RELATING TO BUSINESS SUBSIDIES;
APPROVING CRITERIA FOR THE GRANTING OF BUSINESS
SUBSIDIES AND GRANTING OF BUSINESS SUBSIDY
TO GRANDVIEW SQUARE, L.L.C.
BE IT RESOLVED by the Board of Commissioners of Housing and
Redevelopment Authority of Edina, Minnesota (the "HRA"), as follows:
SECTION 1. RECITALS
1.01. Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Act"),
provides that the HRA, as a local government agency within the meaning of the
Act, may not grant a business subsidy, within the meaning of the Act, until it has
adopted criteria, following notice of a public hearing, for awarding business
subsidies, and the Act further provides that before granting a business subsidy
that exceeds $100,000 the HRA must provide notice and a public hearing on the
business subsidy.
1.02. A public hearing on the adoption of the criteria for the awarding of
business subsidies and on the granting of a business subsidy to Grandview
Square, L.L.C. (the "Redeveloper") was held by the HRA on August 15, 2000. A •
copy of the criteria of the HRA for awarding of business subsidies (the "Criteria")
and the Business Subsidy Agreement between the HRA and Redeveloper (the
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August 15, 2000
"Business Subsidy Agreement") has been presented to this Board and is ordered
placed on file with the Executive Director of the HRA.
SECTION 2. APPROVALS.
2.01. The Criteria as presented to this Board is hereby approved.
2.02. This Board hereby determines that the creation or retention of jobs is
not a goal of providing the business subsidy to the Redeveloper. The form of the
Business Subsidy Agreement is hereby approved and the Chair and Secretary are
hereby authorized to execute and deliver the Business Subsidy Agreement on
behalf of the HRA in the form re ented to this Board with such changes thereto
as may be approv d su ffic s.
ATTEST: / fa.4z,� , �
E c tive Director' Chair
Commissioner/Member Faust seconded the motion
Rollcall:
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
RESOLUTION 2000-07, REDEVELOPMENT CONTRACT - GRANDVIEW SQUARE
APPROVED Director/Manager Hughes presented an executive summary of the
redevelopment agreement with Grandview Square, highlighting points:
1. Project
2. Redevelopment Property
3. Redeveloper
4. Contingencies
5. Acquisition of Parcels; Eminent Domain
6. Environmental Remediation
7. Construction of Minimum Improvements
8. Sale of Library/Senior Center Site
9. Reimbursement of Public Redevelopment Costs; General Description
10.Grandview Equity Contribution; Debt Payoff
11.Public Easement and
12.Definitions
Staff recommends approval of the Resolution regarding the Redevelopment Agreement
for Grandview Square, L.L.C. (Opus Northwest L.L.C. and R.E.C., Inc..
Commissioner/Member comments
Commissioner/Member Johnson asked if the Redevelopment Agreement Contract is
approved, what further HRA approvals will be necessary as the developer moves
forward. Director/Manager Hughes said the only thing the HRA would see would be in
Phase II, the Council would see final development plans for the next phase of
condominiums for the library/senior center building. Adoption of this resolution would
conclude the HRA part of the project.
No public comments were heard.
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JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000
Commissioner/Member Hovland made a motion to close the Public Hearing.
Commissioner Faust seconded the motion.
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
Following a brief discussion, Commissioner/Member Faust introduced the following
Resolution and moved its adoption:
HRA RESOLUTION NO. 2000-07
RESOLUTION RELATING TO GRANDVIEW AREA
REDEVELOPMENT PROJECT; APPROVING EXECUTION
OF CONTRACT FOR PRIVATE REDEVELOPMENT WITH
GRANDVIEW SQUARE, L.L.C. AND ISSUANCE OF
LIMITED REVENUE TAX INCREMENT NOTES
BE IT RESOLVED by the Board of Commissioners (the "Board") of
the Edina Housing and Redevelopment Authority (the "HRA"), as follows:
Section 1. Recitals.
1.01. Grandview Area Redevelopment Project and Tax Increment
Financing Plan. The HRA has approved a redevelopment plan, as defined in
Minnesota Statutes, Section 469.002, subdivision 16, designated as Grandview •
Area Redevelopment Plan (the "Redevelopment Plan"), and a redevelopment
project to be undertaken pursuant thereto, as defined in Minnesota Statutes,
Section 469.002, subdivision 14, designated as the Grandview Area
Redevelopment Project (the "Redevelopment Project"), and that in order to
finance the public redevelopment costs to be incurred by the HRA in connection
with the Redevelopment Plan and the Redevelopment Project, the HRA has
approved tax increment financing plan, pursuant to the provisions of Minnesota
Statutes, Section 469.175, designated as the Grandview Area Tax Increment
Financing Plan (the "Financing Plan"), which establishes a tax increment
financing district, as defined in Minnesota Statutes, Section 469.174, subdivision
9, which is designated by Hennepin County as Tax Increment Financing District
No. 1202 (the "District").
1.02. Expenditure of Tax Increment Revenue. The Redevelopment
Project constitutes a "project" and the Tax Increment District constitutes a "tax
increment financing district" within the meaning of Minnesota Statutes, Sections
469.174 to 469.179, and thus the HRA has authority under said Sections 469.174
to 469.179 to expend ad valorem tax increments derived from the District to pay
costs incurred or to be incurred by the HRA in aid of the Redevelopment Project,
or to pay the principal of and interest on bonds, notes or other obligations of the
HRA issued to finance such costs, in accordance with the Financing Plan.
1.03. Redevelopment Contract and Notes. It has been proposed that •
the HRA enter into a Contract for Private Redevelopment (the "Redevelopment
Contract"), with Grandview Square, L.L.C. (the "Redeveloper"), the form of which
has been presented to this Board and is ordered placed on file in the office of the
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JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000
• Executive Director of the HRA. Under the Redevelopment Contract, the
Redeveloper agrees to undertake a project (the "Project") on property included in
the area subject to the Redevelopment Plan and in the Tax Increment District.
Under the Redevelopment Contract the HRA agrees to transfer certain property of
the HRA to the Redeveloper and construct certain improvements of a public
nature, subject to the terms and conditions of the Redevelopment Contract. The
Redevelopment Contract provides that to reimburse the Redeveloper for a portion
of the costs of the Project the HRA will issue the Limited Revenue Tax Increment
Notes of the HRA in substantially the forms attached to the Redevelopment
Contract (the "Notes"). The Notes will be payable solely out of Opus Available
Tax Increment and Clark Available Tax Increment, as defined in the
Redevelopment Contract as provided in the Notes.
Section 2. Authorization and Approvals.
2.01. Approval of Redevelopment Contract and Notes. The form and
terms of the Redevelopment Contract and the Notes are hereby approved, and the
execution and delivery by the HRA of the Redevelopment Contract and execution,
delivery and issuance of the Notes and other agreements by the HRA as provided
in the Redevelopment Contract are hereby authorized. The terms of the Notes
shall be as set forth in the Notes. The Chair and Secretary of the HRA are hereby
authorized and directed on behalf of the HRA to execute and deliver the
Redevelopment Contract and the Notes and the other agreements provided for in
the Redevelopment Contract to be executed and delivered by the HRA (the "Other
Agreements") in substantially the form presented hereto with such changes and
modifications as may be approved by the officers executing the Redevelopment
Contract and the Notes. The execution and delivery of the Redevelopment
Contract, the Notes and the Other Agreements by the Chair and Secretary of the
HRA shall be conclusive evidence of the approval of any changes and
modifications to the Redevelopment Contract, the Notes and the Other
Agreements by such officers.
2.02. Pledge of Tax Increment. The portion of the tax increment
from the District which constitutes "Opus Available Tax Increment," as defined in
the Redevelopment Contract (the "Opus Available Tax Increment"), is hereby
pledged to pay the principal of and interest on the Opus Notes, as defined in the
Redevelopment Contract (the "Opus Notes") as provided in the Opus Notes
subject to the prior pledge of Opus Available Tax Increment to pay the Senior
Obligations, as defined in the Redevelopment Contract (the "Senior Obligations").
The "Clark Available Tax Increment," as defined in the Redevelopment Contract
(the "Clark Available Tax Increment"), is hereby pledged to pay the principal of
and interest on the Clark Note, as defined in the Redevelopment Contract (the
"Clark Note") as provided in the Clark Note subject to the prior pledge of Clark
Available Tax Increment to pay the Senior Obligations. The HRA covenants that it
• shall not make any further pledge of the Opus Available Tax Increment or Clark
Available Tax Increment which is prior to or on a parity with the pledge of the
Opus Available Tax Increment or Clark Available Tax Increment to pay the Clark
Note.
JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000 '
2.03. No Representations or Warranties. The HRA does not in any
manner represent or warrant that the Opus Available Tax Increment will be
sufficient to pay the principal of and interest on the Opus Notes when due or that
the Clark Available Tax Increment will be sufficient to pay the principal and
interest on the Clark Note when due.
2.04. Opus Notes Sinking Fund. The Opus Notes shall be payable
from a separate Opus Notes Sinking Fund (the "Opus Notes Sinking Fund")
which shall be created and maintained on the books of the HRA as a separate
debt redemption fund until the Opus Notes, and all interest thereon, are fully paid.
There shall be credited by the HRA to the Opus Notes Sinking Fund the Opus
Available Tax Increment. Opus Available Tax Increment credited to the Opus
Notes Sinking Fund shall be applied solely to pay principal and interest on the
Opus Notes, subject to the prior pledge of the Opus Available Tax Increment to
pay the principal and interest on the Senior Obligations.
2.05. Clark Note Sinking Fund. The Clark Note shall be payable from
a separate Clark Note Sinking Fund (the "Clark Note Sinking Fund") which shall
be created and maintained on the books of the HRA as a separate debt
redemption fund until the Clark Note, and all interest thereon, are fully paid.
There shall be credited by the HRA to the Clark Note Sinking Fund the Clark
Available Tax Increment. Clark Available Tax Increment credited to the Clark Note
Sinking Fund shall be applied solely to pay principal and interest on the Clark
Note, subject to the prior pledge of the Clark Available Tax Increment to pay the •
principal and interest on the Senior Obligations.
2.06. Certification to County Auditor. Certain parcels in the District
are subject to the provisions of Minnesota Statutes, Section 469.176, subdivision
6, because not qualifying activity has occurred with respect to such parcels.
Upon the occurrence of a qualifying activity described in Minnesota Statutes,
Section 469.176, subdivision 6, with respect to any such parcels, the District by
the HRA shall certify to the Hennepin County Auditor that the qualifying activity
has commenced and request the County Auditor to certify the net tax capacity of
such parcel and add it to the original tax capacity of the District as provided in
Minnesota Statutes, Section 469.176, subdivision 6.
Section 3. Certification of Proceedings.
3.01. Certification of Proceedings. The officers of the HRA and the
County Auditor of Hennepin County are hereby authorized and directed to
prepare and furnish to the purchaser of the Notes, certified copies of all
proceedings and records of the HRA, and such other affidavits, certificates and
information as may be required to show the facts relating to the legality and
marketability of the Notes as to the same appear from the books and records
under their custody and control or as otherwise known to them, and all such
certified copies, certificates and affidavits, including any heretofore furnished,
shall be deemed representations of the HRA as to the facts recited therein. •
Passed by the HRA this 15th day of August, 2000.
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JOINT MEETING - HRA/CITY COUNCIL
August 15, 2000
ATTEST:
Executive Di cto Chair
Commissioner/Member Hovlan seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
CONSTRUCTION MANAGEMENT AGREEMENT APPROVED Director/Manager
Hughes asked the HRA to refer to and approve the executive summary of the
Redevelopment Agreement, Section 4 (g) as follows:
The HRA and Opus Northwest Construction Corporation have agreed
upon a Construction Management Agreement pursuant to which Opus
Northwest Construction Corporation will design, and manage the
construction of, the Library, Senior Center and related site improvements
and guarantee that the cost of such design and construction will not
exceed $4,500,000.
Commissioner/Member Johnson made a motion approving the Construction
Management Agreement with Opus Construction Corporation as presented.
Commissioner/Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
CLAIMS PAID Motion made by Commissioner Hovland approving the Check
Register dated August 9, 2000, and consisting of one page totaling $1,067,164.63.
Commissioner Johnson seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Johnson, Maetzold
Motion carried.
There being no further business on the HRA Agenda, Chair Maetz ')declared the
meeting adjourned at 7:35 P.M.
Executive Director
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