HomeMy WebLinkAbout2022-04-28 HRA Regular Meeting PacketAg enda
E dina H ousing and R edevelopm ent Author ity
City of E dina, Minnesota
City Hall, Council Chambers
Thursday, Apr il 28, 2022
7:30 AM
Watch the m eeting on cable TV or at EdinaMN.gov/LiveMeeting s or
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I.Call to Ord er
II.Roll Call
III.Pledge of Allegia n ce
IV.Ap p roval of Meetin g Agen d a
V.Com m unity Com m en t
Du ring "Com m unity Com m en t," th e Edin a Housing and Redevelop m ent
Au thority (HRA) will in vite resid ents to sh are new issues or con cern s tha t
h aven't been con sid ered in th e p ast 30 da y s b y th e HRA or w h ich a ren't
slated for fu ture consideration . Individ u als m u st lim it their com m ents to
three m inutes. Th e Ch air m a y lim it the num ber of sp ea kers on th e sa m e
issue in th e interest of tim e a n d topic. Gen era lly sp ea king, item s tha t are
elsewhere on tod ay's a genda m a y not b e addressed d u ring Com m unity
Com m en t. In d ividua ls sh ould not expect th e Ch air or Com m issioners to
resp ond to th eir com m en ts toda y . Instead the Com m issioners m ight refer the
m atter to sta. for consideration a t a fu ture m eeting.
VI.Ad option of Con sen t Agenda
All a genda item s listed on the consent a genda a re con sid ered rou tin e and
will be en acted by one m otion. There will be no sepa rate d iscussion of such
item s unless requested to be rem oved from the Con sen t Agenda by a
Com m ission er of the HRA. In su ch ca ses the item w ill b e rem oved from th e
Consent Agen d a and con sid ered im m ediately follow ing the a d option of th e
Consent Agen d a. (Fa vorable rollcall vote of m a jority of Com m issioners
p resent to approve.)
A.Dra ft Min u tes of Regular Meeting Ap ril 7, 2022
B.Req u est for Purch ase: 5146 Eden Ave Environ m ental Services
C.Hou sin g Reh abilita tion Program Sta tus Rep ort
VII.Reports/Recom m enda tions: (Favora b le vote of m ajority of Com m ission ers
p resent to approve excep t where n oted)
A.MOTION TO CLOSE SE SSION: as perm itted by MS. 13D.05 su b d ivision 3 to
discu ss th e p otentia l Sale of Rea l Prop erty located at 5146 Eden Avenue
B.MOTION TO OPEN SESSION: Cha ir & Com m issioners of the E d ina HRA
C.5146 Eden Avenue - Call for Public Hearin g to con sid er sa le of real estate for
red evelopm en t p u rp oses
D.Con sid era tion of Gap Fina n cin g for th e Fred II located at 4620 W est 77th
Street
VIII.HRA Com m issioners' Com m en ts
IX.Executive Director's Com m ents
X.Ad jou rn m ent
Th e E d ina Housing a n d Redevelop m ent Au thority wa n ts all pa rticip ants to be
com fortable b ein g pa rt of th e p u b lic p rocess. If y ou n ee d a ssista n ce in the w a y of
h ea ring am pliBca tion, a n in terp reter, large-p rint docum en ts or som ethin g else,
p lease ca ll 952-927-8861 72 hou rs in advance of the m eeting.
Date: April 28, 2022 Agenda Item #: VI.A.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
Minutes
F rom:Liz O ls on, Administrative S upport S pecialist
Item Activity:
Subject:Draft Minutes of R egular Meeting April 7, 2022 Action
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve the regular minutes of April 7, 2022.
I N TR O D U C TI O N:
S ee attached meeting minutes of April 7, 2022.
AT TAC HME N T S:
Description
04-07-22 Draft Regular Minutes
Page 1
MINUTES
OF THE REGULAR MEETING OF THE
EDINA HOUSING AND REDEVELOPMENT AUTHORITY
APRIL 7, 2022
7:30 A.M.
I. CALL TO ORDER
Acting Chair Anderson called the meeting to order at 7:40 a.m. then explained the processes
created for public comment.
II. ROLLCALL
Answering rollcall were Commissioners Jackson (arrived at 7:54 a.m.), Pierce, Staunton, and
Acting Chair Anderson.
Absent: Chair Hovland.
III. PLEDGE OF ALLEGIANCE
IV. MEETING AGENDA APPROVED - AS PRESENTED
Motion by Commissioner Staunton, seconded by Commissioner Pierce,
approving the meeting agenda as presented.
Roll call:
Ayes: Commissioners Pierce, Staunton, and Acting Chair Anderson
Motion carried.
V. COMMUNITY COMMENT
No one appeared.
VI. CONSENT AGENDA ADOPTED - AS PRESENTED
Member Staunton made a motion, seconded by Member Pierce, approving the
consent agenda as presented:
VI.A. Approve Minutes of the Regular Meeting March 3, 2022
VI.B. Approve Payment of Claims for HRA Check Register dated March 2,
2022, totaling $1,171,806.15
VI.C. Approve 2021 Affordable Housing Compliance Report
Rollcall:
Ayes: Commissioners Pierce, Staunton, and Acting Chair Anderson
Motion carried.
VII. REPORTS/RECOMMENDATIONS
VII.A. APPROVE 4040 WEST 70TH STREET - REDEVELOPMENT AGREEMENT FOR
TAX INCREMENT FINANCING - APPROVED
Affordable Housing Manager Hawkinson said this item pertained to the use of public
financing to partially fund private redevelopment at 4040 West 70th Street and that special
counsel at Dorsey and Whitney had prepared a complete Redevelopment Agreement based
on the term sheet presented to the Edina HRA in March 2022 and to the City Council on
April 19, 2022. She explained that if approved up to $2.8 million would be secured then
noted the developer was waiting on the outcome of one source of funding from Hennepin
County which would not be known until May but would be needed to develop the project.
She explained the action would approve the redevelopment agreement describing the terms
Minutes/HRA/April 7, 2022
Page 2
of the TIF financing and gap loan of up to $1,503,000 pay-go note and up to $1,336,901 in a
deferred loan then spoke about the identified need for senior housing based on based on
community input and research that included a demand for 1,600 senior units by 2030 that
would include 300 units shallow subsidized and another 300 units deeply subsidized in some
form of rental assistance. Ms. Hawkinson spoke about the current interest in the project
that was occurring without any marketing and that of the 73 people on an interest list
approximately 74% were current Edina residents. She shared about the development team
and the Edina Housing Foundation’s involvement through the 99-year ground lease then
shared more about the public benefit of this project.
The Board asked questions and provided feedback.
Chuck Armstrong, Director of Independent and Affordable Living for Ecumen, spoke about
the tenant selection plan that included income verification and background investigation of
applicants and compliance with all files and activities as required.
Anne Stenfield, Ecumen, clarified about the supportive housing classification partnership with
Simpson Housing to support six tenant units with rental assistance through supportive
housing services to ensure housing stability at 30% AMI.
Member Pierce made a motion, seconded by Member Jackson, to approve the
term sheet and authorize staff to work with legal and financial advisors to
prepare a binding redevelopment agreement based on the approved terms for
4040 West 70th Street.
Roll call:
Ayes: Commissioners Jackson, Pierce, Staunton, and Acting Chair Anderson
Motion carried.
VII.B. ADOPT RESOLUTION NO. 2022-04; AUTHORIZING SALE OF LAND TO
WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST - ADOPTED
Ms. Hawkinson shared that on March 3 a Public Hearing was held regarding the sale of 425
Jefferson Avenue to West Hennepin Affordable Housing Land Trust. She stated the house
would be fully renovated or if renovation was deemed infeasible the house would be
demolished a replaced with a new one. She explained the land would be placed into a land
trust and the house sold to an income eligible homeowner which would remain affordable
for 99 years. She said the property at 425 Jefferson was acquired by the HRA in 2021
because it was a vacant nuisance property with the intention to acquire, address the exterior
nuisance conditions, then sell for affordable housing.
Brenda Lano-Wolke, West Hennepin Affordable Housing Land Trust, spoke about the
current waiting list for these types of homes and how many wish to live in Edina because
what the community had to offer including good transportation and schools.
The Board asked questions and provided feedback.
Member Staunton made a motion to adopt Resolution No. 2022-04 authorizing
the sale of land to West Hennepin Affordable Housing Land Trust as presented.
Seconded by Member Jackson.
Minutes/HRA/April 7, 2022
Page 3
Roll call:
Ayes: Commissioners Jackson, Pierce, Staunton, and Acting Chair Anderson
Motion carried.
VIII. HRA COMMISSIONERS’ COMMENTS – Received
IX. EXECUTIVE DIRECTOR’S COMMENTS – Received
IX.A. REDEVELOPMENT PROJECT UPDATE
X. ADJOURNMENT
Motion made by Commissioner Jackson, seconded by Commissioner Staunton,
to adjourn the meeting at 8:24 a.m.
Roll call:
Commissioners Jackson, Pierce, Staunton, and Acting Chair Anderson
Motion carried.
Respectfully submitted,
Scott Neal, Executive Director
Date: April 28, 2022 Agenda Item #: VI.B.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eques t F or P urchas e
F rom:C had A. Millner, P.E., Director of Engineering
Item Activity:
Subject:R equest for P urc hase: 5146 Eden Ave Environmental
S ervic es
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve the Request for P urchase at 5146 Eden Ave for E nvironmental S ervices with B raun I ntertec for
$50,335.
I N TR O D U C TI O N:
T his item pertains to the potential sale and future redevelopment of vacant land owned by the E dina H R A at
5146 E den Avenue.
T he structures previously located on the site were removed in 2013 and most of the environmental conditions
were remediated at that time.
I n order to redevelop the site and return it to productive use, additional environmental work will be necessary.
S taff recommends that the contract with B raun I ntertec be approved.
AT TAC HME N T S:
Description
Request for Purchase: 5146 Eden Ave Environmental Services
Braun Intertec propos al
Request for Purchase
Requisition Number
1
CITY OF EDINA
4801 W 50th St., Edina, MN 55424
www.EdinaMN.gov | 952-927-8861 12200112
Department:Engineering
Buyer:Chad Millner
Date: 04/22/2022
Requisition Description:5146 Eden Ave Environmental Services
Vendor:BRAUN INTERTEC CORPORATION
Cost:$50,335.00
REPLACEMENT or NEW:NEW - NEW
PURCHASE SOURCE:SERVIC K - SERVICE CONTRACT
DESCRIPTION:
This project will continue the environmental review of the 5146 Eden Ave property or the Old Public Works
site. The following tasks are proposed: 1) the Geotechnical Evaluation, 2) the Environmental Investigation, 3)
the Phase I Environmental Site Assessment, and 4) MPCA Enrollment and Regulatory Correspondence.
BUDGET IMPACT:
This project is funded from the HRA general administration budget.
2
COMMUNITY IMPACT:
This project continues the necessary work to develop the property in a manner that meets community
expectations.
ENVIRONMENTAL IMPACT:
NA Service Contract
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
April 21, 2022 Proposal QTB156786
Chad Millner, PE
City of Edina
7450 Metro Boulevard
Edina, MN 55439
Re: Proposal for Geotechnical Evaluation and Environmental Services
Grandview District Redevelopment
5146 Eden Avenue
Edina, Minnesota
Dear Mr. Millner:
Braun Intertec Corporation is pleased to present this proposal to perform a geotechnical evaluation and
environmental services for the referenced Site in Edina, Minnesota.
Project Information
We understand this project will include the construction of a mixed-use development on the northwest
corner of Eden and Acadia Avenues in Edina, Minnesota. The development will include a park on the
northern portion of the Site, a restaurant on the central portion, and a multi-unit residential building on
the southern portion of the Site. We note that this project is still in conceptual planning stages, thus,
project components are subject to change. Structural details are also not available at this time; however,
we understand the proposed restaurant building is anticipated have a basement and two above grade
levels after site grades are raise approximately 10 to 12 feet. Retaining walls are also anticipated along
the western property boundary.
Background Information
In preparation of this proposal, we have reviewed several sources of information obtained during
previous projects that we have worked on both at this site and on sites in the vicinity of this project. It is
apparent that this Site has previously undergone several stages of industrial and commercial
development over the past 100 years. It is unknown at this time, what the extent of removal was for any
previous structures or storage tanks on this site. We anticipate that relic foundations or debris could be
present in areas of this Site from the previous development. It is also apparent that a substantial
excavation was performed on the northern portion of the property to achieve present grades.
We also anticipate that the subgrade at this Site will generally consist of granular soils, with various
depths of existing mixed fill overlying native glacial deposits. Groundwater will likely be present at depths
of about 40 feet or greater; however, perched water conditions could also be encountered.
City of Edina
Proposal QTB156786
April 21, 2022
Page 2
Scope of Services
The following tasks are proposed to help us meet our project goals for the following tasks: 1) the
Geotechnical Evaluation, 2) the Environmental Investigation, 3) the Phase I Environmental Site
Assessment, and 4) MPCA Enrollment and Regulatory Correspondence. If unfavorable or unforeseen
conditions are encountered at any point during the completion of tasks that lead us to recommend an
expanded scope of services, we will contact you to discuss those conditions before resuming work.
Please indicate which of these services you would like to pursue at this time.
Task 1 – Geotechnical Evaluation
Task 1 of this project would include performing a geotechnical evaluation for the planned park area at
the north end of the Site, the restaurant building pad, and planned parking/driveway areas in the center
portion of the Site. The multi-unit residential development on the southern end of the Site will not be
part of our geotechnical evaluation. The following sections provide a summary of the proposed services
to be included in this task.
The purpose of this geotechnical evaluation is to characterize subsurface geologic conditions at select
exploration locations, evaluate their impact and provide geotechnical recommendations for use in the
design and construction planning for the proposed redevelopment.
Site Access
We understand the Site is currently used as a staging area for some nearby City of Edina construction
projects and Site conditions are subject to change, however, we anticipate some areas of the Site will be
accessible to our truck-mounted drill rig, but some may require an ATV-mounted drill rig. We assume
there will be no cause for delays in accessing the exploration locations. We are not including debris or
obstruction removal in our services. If these services are required, it will be performed by others prior to
our arrival.
Depending on access requirements, ground conditions, or potential utility conflicts, our field crew may
alter the exploration locations from those proposed to facilitate accessibility.
Our drilling activities may also impact the vegetation and may rut the surface to access boring locations.
Restoration of vegetation and turf is not part of our scope of services.
Staking
We will stake prospective subsurface exploration locations and obtain surface elevations at those
locations using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an
appropriate reference, we request that you provide CAD files indicating location/elevation references
appropriate for this project or give us contact information for the consultant that might have such
information.
City of Edina
Proposal QTB156786
April 21, 2022
Page 3
Utility Clearance
Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the
appropriate utility vendors to mark and clear the exploration locations of public underground utilities.
You, or your authorized representatives, are responsible to notify us before we begin our work of the
presence and location of any underground objects or private utilities that are not the responsibility of
public agencies.
In addition, our fees include a budget to retain a private locate company to mark private utilities that are
not the responsibility of public agencies. We will not be liable for any damages resulting from
unidentified or misidentified underground objects or utilities. Further, we reserve the right to stop work
if underground objects or utilities are suspected or known to exist, but locations cannot be accurately
determined.
Soil Borings
We propose to drill nine standard penetration test (SPT) borings for the project. Table 1 provides a
summary of the proposed boring locations and depths. Note we are proposing deeper borings for
flatwork and pavement areas due to the planned 10- to 20-foot grade raises anticipated. We will perform
standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 15 feet, and at 5-foot
intervals at greater depths.
Table 1. Summary of Proposed Borings
Location Type Quantity
Depth
(feet)
Building pad and
retaining walls SPT 4 30
Flatwork, pavements, and
utilities SPT 5 20
Total 9 220
If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the
boring logs.
If existing fill, organic materials or other structurally unfavorable soils are not penetrated above the
intended boring termination depths, we will contact you to discuss the potential need for deeper
borings. If warranted to extend the borings beyond their intended termination depths, we would charge
an additional $30 per linear foot beyond the originally intended termination depth; however, we will
contact you prior to incurring additional costs for increasing our total estimated drilled footage.
City of Edina
Proposal QTB156786
April 21, 2022
Page 4
MDH Notification
We are planning for the borings to be 25 feet or deeper. Therefore, the Minnesota Statutes requires us to
submit to the Minnesota Department of Health (MDH) by mail a “Sealing Notification Form”, and submit a
Sealing Record after our completion of the borings. The Sealing Notification Form requires a signature of the
current property owner, or their agent, and we need to submit this to the MDH prior to our mobilization to
the site. We are attaching a copy of the Sealing Notification Form at the end of this proposal for your
signature. Our proposal includes the fees for the MDH Sealing Notification and the Sealing Record.
Borehole Abandonment
We will backfill our exploration locations immediately after completing the drilling at each location.
Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our
proposed subsurface characterization depths, we will seal about 220 linear feet of borehole with grout.
The attached Project Proposal shows the fees associated with the sealing.
Upon backfilling or sealing exploration locations, we will fill holes in pavements with a temporary patch.
Sealing boreholes with grout will prevent us from disposing of auger boring cuttings in the completed
boreholes. Unless you direct us otherwise, we intend to thin-spread the cuttings around the boreholes. If
we cannot thin-spread cuttings, we will put them in a container left on site. We can provide off-site
disposal of the cuttings for an additional fee.
Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing
pavement patches. We are not assuming responsibility for re-leveling or re-patching after we complete
our fieldwork.
Sample Review and Laboratory Testing
We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify
and log them. To help classify the materials encountered and estimate the engineering properties
necessary to our analyses, we anticipate performing moisture content tests, mechanical analyses
(through a #200 sieve only), Atterberg limits tests, and/or organic content test. We will adjust the actual
number and type of tests based on the results of our borings.
Geotechnical Reporting
Data obtained from the borings and laboratory tests will be used to evaluate the subsurface profile and
groundwater conditions, perform engineering analyses related to structure and pavement design and
performance, and prepare a Geotechnical Evaluation Report including:
▪ A sketch showing the boring locations.
▪ Logs of the borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests.
▪ A summary of the subsurface profile and groundwater conditions.
▪ Discussion identifying the site conditions that will impact design and construction.
▪ Discussion regarding the reuse of on-site materials during construction and the impact, if
any, of groundwater on construction.
City of Edina
Proposal QTB156786
April 21, 2022
Page 5
▪ Recommendations for preparing structure and pavement subgrades, and the selection,
placement, and compaction of fill.
▪ Recommendations and considerations for use in the design and construction of foundations,
floor slabs, below grade walls, site retaining walls, utilities, and pavements at this site.
We will only submit an electronic copy of our report to you unless you request otherwise.
Task 2 – Environmental Investigation
The purpose of the environmental investigation at the Site is to supplement existing on-Site soil data to
further evaluate soil which may be disturbed during future Site redevelopment and evaluate on-Site soil
vapors to obtain MPCA liability assurances and determine if vapor mitigation will be necessary for the
new Site structures.
Soil Borings
Our field staff personnel will sample and screen up to three geotechnical soil borings for environmental
purposes. The selected borings will be located in the footprint of the proposed restaurant building and in
areas where existing Site soils may be encountered during construction. Braun Intertec will also
subcontract a licensed driller to install three additional soil borings on the southern portion of the site,
which is not targeted by the geotechnical investigation.
Field Screening
Soil samples retrieved will be examined by field personnel for unusual staining, odors, and other
apparent signs of contamination. In addition, the soil samples will be screened for the presence of
organic vapors using a photoionization detector (PID). The PID will be equipped with a 10.6-electron-volt
lamp and calibrated to an isobutylene standard. The PID will be used to perform direct measurement and
a headspace method of field analysis, as recommended by the Minnesota Pollution Control Agency
(MPCA) in Petroleum Remediation Program Guidance Document 4-04 (September 2008).
Soil samples will be collected from the soil borings for laboratory analyses. Soil samples will be collected
from depth intervals in the unsaturated zone where indications of contamination are observed in the
field. If no indications of contamination are observed in the field, soil samples will be collected from
depths most likely to be encountered during proposed redevelopment activities based on information
provided by the client at the time this proposal was prepared.
Analytical Testing
The budget for this task assumes that a total of six soil samples will be submitted to Pace Analytical
Laboratories in Minneapolis, Minnesota, and analyzed for a combination of the following parameters:
▪ Volatile organic compounds (VOCs) using United States Environmental Protection Agency
(EPA) Method 8260.
▪ Polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270.
▪ Diesel range organics (DRO) using the Wisconsin Department of Natural Resources (WDNR)
Method.
▪ Gasoline range organics (GRO) using the WDNR Method.
▪ Resource Conservation and Recovery Act (RCRA) metals using EPA Methods 6020 and 7471.
City of Edina
Proposal QTB156786
April 21, 2022
Page 6
Groundwater Sampling and Testing
Groundwater is expected to be present at a depth of approximately 50 feet bgs and is therefore, not
expected to be encountered during the proposed soil boring operations. However, if perched
groundwater is encountered during drilling, a temporary well will be installed in the boring for the
purpose of collecting a groundwater sample. Prior to sampling, static groundwater level in the well will
be measured and recorded. A groundwater sample will be collected using a length of tubing equipped
with a check ball valve. The groundwater sample will be placed directly into laboratory-supplied
containers, preserved appropriately, and submitted to the laboratory for chemical analyses.
The budget for this task assumes that one groundwater sample will be collected from the temporary well
and submitted to Pace Analytical Laboratories in Minneapolis, Minnesota and analyzed for VOCs using
EPA Method 8260.
Soil Vapor Probes
MPCA vapor guidance requires two seasonal soil vapor sampling events to evaluate soil vapor conditions
at a site. Braun Intertec will subcontract a licensed driller to install temporary soil vapor probes on the
Site during the MPCA-defined “heating“ season (November 1 – March 31) and “non-heating” season
(April 1 – October 31).
During each of two seasonal sampling events, 15 soil vapor probes will be advanced on the Site to a
depth of approximately 5 feet bgs and then retracted to a depth of 3 feet bgs to expose soil pore space
for sampling. New, inert tubing will be attached to the top of the downhole sampler and the sampling
point and tubing will be purged with a hand pump to remove two volumes of air prior to sample
collection. Following purging, organic vapor concentrations will be screened with a PID and the value
recorded. The soil vapor samples will then be collected using laboratory-supplied negative pressure air-
sample collection canisters (1- or 6-liter canisters) equipped with 200 milliliter per minute (mL/min) flow
restrictors in accordance with the MPCA guidelines. Following sample collection, the temporary sampling
point will be removed from the borehole and the borehole will be sealed in accordance with MDH
guidelines.
The soil vapor samples will be submitted to Pace Analytical Laboratories in Minneapolis, Minnesota and
analyzed for VOCs using EPA Method TO-15 (30 total samples).
Environmental Reporting
Verbal results of the environmental investigation will be provided to you as they become available. Upon
completion of the on-Site work and receipt of laboratory analytical results, a report will be prepared
detailing the methods, results, and conclusions/recommendations. A draft copy of the report will be
forwarded to you prior to report finalization.
Only an electronic copy of the report will be submitted to you unless you request otherwise.
City of Edina
Proposal QTB156786
April 21, 2022
Page 7
Task 3 – Phase I Environmental Site Assessment
The objective of a Phase I Environmental Site Assessment (ESA) is to evaluate the site for indications of
recognized environmental conditions and to assist in satisfying All Appropriate Inquiries (AAI) criteria and
requirements. The Phase I ESA will be conducted in general conformance with the scope and limitations
of ASTM International Practice E 1527-13 (ASTM Practice E 1527-13) and 40 CFR Part 312.
Site History Review
The Phase I ESA will summarize reasonably ascertainable information pertaining to former and current
land-use activities at the site. Our summary will include a review of aerial photographs, fire insurance
atlases, city directories, property tax files, building records, topographic maps, and/or other historical
documents to satisfy the historical-use requirements of the ASTM Practice E 1527-13 and 40 CFR Part 312.
Regulatory Information Review
We will request that a national regulatory information vendor, such as Environmental Data Resources,
Inc., conduct a limited file evaluation of the site. If readily available and practically reviewable, the file
evaluation will include, at a minimum, a review of the following databases within the corresponding
approximate minimum search distance indicated in the ASTM Practice E 1527-13 and 40 CFR Part 312:
▪ Federal National Priorities List (NPL)
▪ Federal Comprehensive Environmental Response, Compensation, and Liability Information
System (CERCLIS)
▪ Federal Institutional and Engineering Controls
▪ Federal Resource Conservation and Recovery Act (RCRA) Transport, Storage and Disposal
(TSD) facilities
▪ Federal RCRA TSD facilities that have received RCRA corrective action activities
▪ Federal RCRA generators
▪ Federal Emergency Response Notification (ERNS) sites
▪ State NPL and CERCLIS equivalents
▪ State landfill and/or solid waste disposal sites
▪ State Voluntary cleanup programs
▪ State leaking underground and aboveground storage tank (LUST/LAST) sites
▪ State registered underground and aboveground storage tank (UST/AST) sites
▪ State Brownfield programs
▪ State Institutional and Engineering Controls
▪ State spills list
We will review and summarize this information, and comment on known and potential environmental
hazards that may impact the site. The scope of work does not include a detailed review of file
information of identified facilities listed on the regulatory databases. However, if in our opinion a file
review is warranted to evaluate the existence of a recognized environmental condition, historical
recognized environmental condition, controlled recognized environmental condition, or a de minimis
condition, we will contact you to discuss expanding the assessment to include a file review and the
associated costs.
City of Edina
Proposal QTB156786
April 21, 2022
Page 8
Site Reconnaissance and Interviews
The Phase I ESA will include a reconnaissance of the site. During the reconnaissance, we will note, if
observed, the type of vegetation, exposed soils, open excavations or depressions, and site topography.
Visible indications of underground and aboveground storage tanks, dumping, spills of petroleum and
chemicals, and other obvious potential sources of contamination will be noted. In addition, we will
conduct interviews with site representatives and governmental officials regarding past and current land-
use activities.
Phase I ESA Reporting
A draft Phase I ESA report will be sent to you for review and comment. The Phase I ESA report will remain
in draft status until we are notified by you to proceed with issuance of the final Phase I ESA reports.
If we encounter indications of existing or potential sources of contamination during our assessment, we
will notify you to discuss how the assessment may proceed. You may wish to discontinue the Phase I ESA
or you may consider expanding the assessment to further evaluate the contamination sources that are
identified. If contamination at the site is confirmed, the property owner may be required to notify proper
governmental authorities.
User-Provided Information
As part of Phase I ESA, the “User” should provide available information to Braun Intertec as the
Environmental Professional to help identify the possibility of recognized environmental conditions in
connection with the Site. A “User” is the party seeking to use ASTM Practice E 1527-13 to complete an
environmental site assessment and may include, without limitation, a potential purchaser, tenant or
owner of the property, a lender, or a property manager.
The attached User questionnaire should be completed in its entirety by the User(s) and returned with the
signed authorization. If multiple Users are requesting reliance on the Phase I ESA, please provide us with a
questionnaire completed by each of the appropriate entities.
Assessment Limitations
Upon completion of the Phase I ESA, Braun Intertec does not guarantee qualification for Landowner
Liability Protections (LLP). Our proposed scope of work is consistent with “good commercial and
customary practices” (as defined by ASTM Practice E 1527-13) conducted in an effort to evaluate
recognized environmental conditions at a site in this area.
The assessment will not include vapor encroachment screening as defined in ASTM Practice E2600-15,
Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions.
ASTM Practice E2600-15 is not a requirement or component of AAI, and its results are not determinative
of whether hazardous substances from a release are or may be present at the property for the sake of
AAI or ASTM E1527-13. However, vapors present or likely present from hazardous substances or
petroleum products will be considered no differently than hazardous substances or petroleum products
present or likely present as a result of a release to the environment. Therefore, while a vapor
encroachment screening per the ASTM Practice E2600-15 standard will not be conducted as part of this
proposal, the potential for impacts to the property from vapor migration that is a result of a release of
hazardous substances and/or petroleum products to the environment will be considered when assessing
for the presence of a recognized environmental condition as defined by ASTM E1527-13.
City of Edina
Proposal QTB156786
April 21, 2022
Page 9
Task 4 – MPCA Enrollment and Regulatory Correspondence
We will provide the following regulatory correspondence services as part of this task:
▪ Assist City of Edina with preparing and submitting an application to enroll the Site in the
MPCA Voluntary Investigation & Cleanup (VIC) and Petroleum Brownfields (PB) programs to
allow for technical approvals and issuance of liability assurances.
▪ Prepare a Proposed Actions Letter and request for a No Association Determination (NAD) for
submittal to the MPCA VIC Program. The NAD will specify that completion of the proposed
redevelopment activities will not associate Client with non-petroleum related soil,
groundwater, and/or soil vapor impacts identified at the Site. If applicable based on the
results of soil vapor sampling during the environmental investigation, a Completion of Soil
Vapor Assessment letter and/or No Action letter will also be requested following both soil
vapor sampling events.
▪ Correspond with the MPCA VIC Program to facilitate issuance of the requested liability
assurances.
Fees
We will furnish the services described in this proposal on a time and materials basis at the rates
identified in Table 2 below. Please indicate which of these you would like to complete by checking the
boxes to the left.
Table 2. Proposed Fee Summary
Services to
Complete Task Fee
☐ Task 1 – Geotechnical Evaluation $12,550
☐ Task 2 – Environmental Investigation 32,900
☐ Task 3 – Phase I ESA 2,585
☐ Task 4 – MPCA Enrollment and Regulatory Correspondence 2,300
☐ Total of All Tasks $50,335
Schedule
Geotechnical Evaluation
We anticipate that field exploration for the soil borings can begin within approximately six weeks of
written authorization and should be completed in approximately two days. Sample classification and
laboratory testing will likely take an additional three to five days. We will pass along the soil boring
results as they are obtained and received. We anticipate we can submit our final geotechnical evaluation
report approximately two weeks after completion of the borings.
City of Edina
Proposal QTB156786
April 21, 2022
Page 10
Environmental Investigation
Environmental field screening will be conducted during one of the geotechnical soil boring days. The non-
heating season soil vapor probes and three additional soil borings will be completed within
approximately three to four weeks of written authorization and will be completed in one day. The
heating season soil vapor probes will be completed in November 2022 and will be completed in one day.
Typical turnaround time on laboratory analysis is approximately eight business days for all samples. A
draft report will be forwarded to you within 2 weeks after receipt of laboratory analytical results.
Phase I ESA
We anticipate the draft Phase I ESA report will be completed within four weeks from the date of your
written authorization. The Phase I ESA report will remain in draft status until we are notified by you to
proceed with issuance of the final Phase I ESA report.
MPCA Enrollment and Regulatory Correspondence
The MPCA Voluntary Brownfield Program application and request for NAD will be submitted to the MPCA
upon completion of the Phase I ESA and first sampling event of the Environmental Investigation. We
expect the MPCA to provide a NAD (conditional upon completion of the second seasonal sampling event)
within 60 days of application submittal. If applicable based on the results of soil vapor sampling, a
Completion of Soil Vapor Assessment letter and/or No Action letter will also be requested following both
soil vapor sampling events.
General Remarks
Please note the Scope of Services for the proposed investigation, in conjunction with the existing data, is
designed to further evaluate impacts at the Site. However, because there is a fixed number of sampling
locations proposed, the Scope of Services proposed herein may not fully define the extent of contamination
that may be present at the Site.
If our proposed scope of services cannot be completed according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Braun Intertec appreciates the opportunity to present this proposal to you. It is being sent in an
electronic version only. A hard copy of the proposal will be supplied upon request. Please return a signed
copy of the proposal in its entirety.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
City of Edina
Proposal QTB156786
April 21, 2022
Page 11
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement.
We appreciate the opportunity to provide professional services for you on this project. If you have
questions regarding the contents of this proposal, please feel free to contact Jeff Casmer at 952.995.2314
or Imants Pone at 952.995.2665.
Sincerely,
BRAUN INTERTEC CORPORATION
Jeffrey D. Casmer, PE Imants Pone
Project Engineer Senior Scientist
Bradley J. McCarter, PE
Account Leader, Senior Engineer
Attachments:
Proposed Exploration Locations
MDH Notification Form
Client Information Request Form
ASTM Practice E 1527-13 User Questionnaire
General Conditions (1/1/2018)
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
READING CENTER OF EDINASHOPPING CENTERNORMANDALE RD88448 8 8 8 8 8 8 88ST-102
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F:\2022\QTB156786\CAD\QTB156786.dwg,Geo,4/8/2022 1:00:21 PMbraunintertec.com
952.995.2000
Minneapolis, MN 55438
11001 Hampshire Avenue S
Project No:
QTB156786
Drawn By:
Date Drawn:
Checked By:
Last Modified:4/8/22
Drawing No:
Project Information
Drawing Information
QTB156786
BJB
4/8/22
JC
Grandview District
Redevelopment
City of Edina
Edina, Minnesota
Historic Boring
LocationsN
0
SCALE:1" = 60'
60'30'
DENOTES APPROXIMATE LOCATION OF
PREVIOUSLY COMPLETED SOIL BORING
DENOTES APPROXIMATE LOCATION OF
PREVIOUSLY COMPLETED HAND AUGER SOIL BORING
(BRAUN PROJECT NO. B2104068)
(BRAUN PROJECT NO. B2104068)
DENOTES APPROXIMATE LOCATION OF
PREVIOUSLY COMPLETED SOIL BORING
DENOTES APPROXIMATE LOCATION OF
PREVIOUSLY COMPLETED SOIL BORING
(BRAUN PROJECT NO. B1801332)
(BRAUN PROJECT NO. BL0705712)
20'
Proposed Soil Vapor Probe (5')
Proposed Geotechnical Boring
Proposed Environmental Soil Boring (8')
20'
20'
20'
20'
30'30'30'
30'
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
April 21, 2022 Proposal QTB156786
Mr. Bill Neuendorf
Edina Housing & Redevelopment Authority
Edina City Hall
4801 West 50th Street
Edina, MN 55424
Re: Minnesota Department of Health Well Sealing Notification Form
5146 Eden Avenue
Edina, Minnesota
Dear Mr. Neuendorf:
Please complete the “Well Owner” section only of the Minnesota Department of Health (MDH) Well
Sealing Notification form below and return it to Braun Intertec along with the signed proposal. We will
complete the remainder of the form and submit it to the MDH.
NOTE: This form must be completed and returned to Braun Intertec prior to us scheduling the
mobilization of our equipment and crews to the project site.
Client Information Request Form
for Phase I Environmental Site Assessments
Project/Site Name:
So that we may serve you better, please answer the following questions concerning the project Site. If a
question does not apply to the Site, write “NA.” If you do not know the answer, write “Unknown.” Please
return the completed form along with one copy of the signed authorization letter.
Client Objectives
A. What is your interest in the Site? Check all that apply.
Buying property
Refinancing
Selling property
Development
Redevelopment
Other:
B. In addition to the User, are there any additional entities you would like included on the report for
reliance purposes?
C. A final PDF of the report will be provided. If hard copies are needed, how many?
D. What is the desired completion date for this project?
Date:
E. Do you wish to receive a verbal report before the written report is received?
Yes No
F. Is confidentiality requested?
Yes No
If so, to whom is it limited?
Site-Specific Information
A. Where is the Site located?
Address:
Legal Description:
B. Who is the current property owner?
Name:
Phone:
C. Who will provide access to the property and/or who is the Site contact?
Name:
Phone:
D. Has any previous environmental work been performed on the Site? Check all that apply.
No previous environmental work has been performed
Unknown
Geotechnical/Soil borings
Phase I Environmental Site Assessment
Phase II Environmental Site Assessment
Soil Vapor/Sub-slab Soil Vapor Investigation
Radon Investigation
Asbestos/Lead-based Paint Inspections
Hazardous Materials Testing
Other:
If previous environmental work has been performed:
When was it performed?
By whom?
Name:
Phone:
What were the results?
Are copies of the report(s) available?
Yes No Unknown
E. Is a current Site plan available? If yes, please provide.
Yes No Unknown
F. How large is the property (total acreage)?
acres
G. How is the property currently used? Check all that apply.
Undeveloped Light industrial
Agricultural Retail
Residential Office Building
Parking Lot Warehouse
Commercial Other:
H. What is the proposed use of the property?
I. Are there existing buildings on the property?
Yes No Unknown
If yes:
How many buildings?
What year was each building originally built?
What year(s) was/were any subsequent addition(s) completed for each building?
What is the total square footage of each building and/or additions?
Are you aware of any asbestos-containing building materials in any building?
Give a brief description and use of each building.
J. What was the property used for in the past?
K. Are there currently or previously any aboveground or underground storage tanks located on the property?
Aboveground storage tanks: Yes No Unknown
Underground storage tanks: Yes No Unknown
If yes:
Where are they located?
What are the sizes and contents of the tanks (e.g., 500-gallon diesel)?
When were the tanks installed?
Are there any maintenance records available for the tanks?
Are the tanks currently being used?
☐ Yes ☐ No Unknown
If no:
When were the tank(s) closed?
Was the MPCA notified?
L. Have hazardous chemicals or petroleum products ever been stored at the Site?
Hazardous chemicals: Yes No Unknown
Petroleum products: Yes No Unknown
If yes, which ones?
M. Has the property ever been used or is the property currently used for dumping or landfilling?
N. Utilities
Are there any wells or septic systems formerly or currently located at the Site?
Wells: Yes No Unknown
Septic systems: Yes No Unknown
Is the Site connected to city sewer and water?
Sewer: Yes No Unknown
Water: Yes No Unknown
What types of utilities service the Site? Check all that apply.
Unknown
Gas
Electric
Propane
Other:
O. Are there any environmental concerns regarding the property or adjoining properties?
P. How are the adjacent properties used?
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
ASTM Practice E 1527-13 User Questionnaire
Site: 5146 Eden Avenue
Edina, Minnesota
Name: Date:
Company:
In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business
Liability Relief and Brownfields Revitalization Act of 2002 (the “Brownfields Amendment”, the User must
conduct the following inquiries. The User should provide the following information to the environmental
professional. Failure to conduct these inquiries could result in a determination that “all appropriate
inquiries” is not complete.
(1) Environmental cleanup liens that are filed or recorded against the property.
The types of title reports that may disclose environmental liens include Preliminary Title Reports,
Title Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally
disclose environmental liens. Did a search of recorded land title records (or judicial records where
appropriate) identify any environmental cleanup liens filed or recorded against the property
under federal, tribal, state or local law?
(2) Activity and use limitations (AULs) that are in place on the property or that have been filed or
recorded against the property.
The types of title reports that may disclose AULs include Preliminary Title Reports, Title
Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally
disclose AULs. Did a search of recorded land title records (or judicial records where appropriate)
identify any AULs, such as engineering controls, land use restrictions, or institutional controls that
are in place at the property and/or have been filed or recorded against the property under
federal, tribal, state or local law?
(3) Specialized knowledge or experience of the person seeking to qualify for the LLP.
Do you have any specialized knowledge or experience related to the property or nearby
properties? For example, are you involved in the same line of business as the current or former
occupants of the property or an adjoining property so that you would have specialized knowledge
of the chemicals and processes used by this type of business?
(4) Relationship of the purchase price to the fair market value of the property if it were not
contaminated.
Does the purchase price being paid for this property reasonably reflect the fair market value of
the property? If you conclude that there is a difference, have you considered whether the lower
purchase price is because contamination is known or believed to be present at the property?
(5) Commonly known or reasonably ascertainable information about the property.
Are you aware of commonly known or reasonably ascertainable information about the property
that would help the environmental professional to identify conditions indicative of releases or
threatened releases? For example,
(a) Do you know the past uses of the property? If so, please explain.
(b) Do you know of specific chemicals that are present or once were present at the property?
If so, please explain.
(c) Do you know of spills or other chemical releases that have taken place at the property?
If so, please explain.
(d) Do you know of any environmental cleanups that have taken place at the property?
If so, please explain.
(6) The degree of obviousness of the presence or likely presence of contamination at the property,
and the ability to detect the contamination by appropriate investigation.
Based on your knowledge and experience related to the property, are there any obvious
indicators that point to the presence or likely presence of contamination at the property? If so,
please explain.
General Conditions
GC Page 1 of 2
Section 1: Agreement
1.1 Our agreement with you consists of these
General Conditions and the accompanying written
proposal or authorization (“Agreement”). This
Agreement is the entire agreement between you
and us. It supersedes prior agreements. It may be
modified only in a writing signed by us, making
specific reference to the provision modified.
1.2 The words “you,” “we,” “us,” and “our”
include officers, employees, and subcontractors.
1.3 In the event you use a purchase order or
other documentation to authorize our scope of
work (“Services”), any conflicting or additional
terms are not part of this Agreement. Directing us
to start work prior to execution of this Agreement
constitutes your acceptance. If, however, mutually
acceptable terms cannot be established, we have
the right to terminate this Agreement without
liability to you or others, and you will compensate
us for fees earned and expenses incurred up to the
time of termination.
Section 2: Our Responsibilities
2.1 We will provide Services specifically
described in this Agreement. You agree that we
are not responsible for services that are not
expressly included in this Agreement. Unless
otherwise agreed in writing, our findings, opinions,
and recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 In performing our professional services, we
will use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession practicing in
the same locality. If you direct us to deviate from
our recommended procedures, you agree to hold
us harmless from claims, damages, and expenses
arising out of your direction. If during the one year
period following completion of Services it is
determined that the above standards have not
been met and you have promptly notified us in
writing of such failure, we will perform, at our
cost, such corrective services as may be necessary,
within the original scope in this Agreement, to
remedy such deficiency. Remedies set forth in this
section constitute your sole and exclusive recourse
with respect to the performance or quality of
Services.
2.3 We will reference our field observations and
sampling to available reference points, but we will
not survey, set, or check the accuracy of those
points unless we accept that duty in writing.
Locations of field observations or sampling
described in our report or shown on our sketches
are based on information provided by others or
estimates made by our personnel. You agree that
such dimensions, depths, or elevations are
approximations unless specifically stated
otherwise in the report. You accept the inherent
risk that samples or observations may not be
representative of things not sampled or seen and
further that site conditions may vary over distance
or change over time.
2.4 Our duties do not include supervising or
directing your representatives or contractors or
commenting on, overseeing, or providing the
means and methods of their services unless
expressly set forth in this Agreement. We will not
be responsible for the failure of your contractors,
and the providing of Services will not relieve
others of their responsibilities to you or to others.
2.5 We will provide a health and safety program
for our employees, but we will not be responsible
for contractor, owner, project, or site health or
safety.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work areas
to be observed or inspected by us. Our employees
are authorized by you to refuse to work under
conditions that may be unsafe.
2.7 Unless a fixed fee is indicated, our price is an
estimate of our project costs and expenses based
on information available to us and our experience
and knowledge. Such estimates are an exercise of
our professional judgment and are not guaranteed
or warranted. Actual costs may vary. You should
allow a contingency in addition to estimated costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior environmental,
geotechnical and other reports, specifications,
plans, and information to which you have access
about the site. You agree to provide us with all
plans, changes in plans, and new information as to
site conditions until we have completed Services.
3.2 You will provide access to the site. In the
performance of Services some site damage is
normal even when due care is exercised. We will
use reasonable care to minimize damage to the
site. We have not included the cost of restoration
of damage in the estimated charges.
3.3 You agree to provide us, in a timely manner,
with information that you have regarding buried
objects at the site. We will not be responsible for
locating buried objects at the site. You agree to
hold us harmless, defend, and indemnify us from
claims, damages, losses, penalties and expenses
(including attorney fees) involving buried objects
that were not properly marked or identified or of
which you had knowledge but did not timely call to
our attention or correctly show on the plans you or
others furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials present on any work site or in
a sample provided to us. You agree to provide us
with information in your possession or control
relating to such materials or samples. If we
observe or suspect the presence of contaminants
not anticipated in this Agreement, we may
terminate Services without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
3.5 Neither this Agreement nor the providing of
Services will operate to make us an owner,
operator, generator, transporter, treater, storer,
or a disposal facility within the meaning of the
Resource Conservation Recovery Act, as amended,
or within the meaning of any other law governing
the handling, treatment, storage, or disposal of
hazardous substances. You agree to hold us
harmless, defend, and indemnify us from any
damages, claims, damages, penalties or losses
resulting from the storage, removal, hauling or
disposal of such substances.
3.6 Monitoring wells are your property, and you
are responsible for their permitting, maintenance,
and abandonment unless expressly set forth
otherwise in this Agreement.
3.7 You agree to make all disclosures required by
law. In the event you do not own the project site,
you acknowledge that it is your duty to inform the
owner of the discovery or release of contaminants
at the site. You agree to hold us harmless, defend,
and indemnify us from claims, damages, penalties,
or losses and expenses, including attorney fees,
related to failures to make disclosures, disclosures
made by us that are required by law, and from
claims related to the informing or failure to inform
the site owner of the discovery of contaminants.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report in an electronic format.
4.2 Our reports, notes, calculations, and other
documents and our computer software and data
are instruments of our service to you, and they
remain our property. We hereby grant you a
license to use the reports and related information
we provide only for the related project and for the
purposes disclosed to us. You may not transfer our
reports to others or use them for a purpose for
which they were not prepared without our written
approval. You agree to indemnify, defend, and
hold us harmless from claims, damages, losses,
and expenses, including attorney fees, arising out
of such a transfer or use.
4.3 If you do not pay for Services in full as
agreed, we may retain work not yet delivered to
you and you agree to return to us all of our work
that is in your possession or under your control.
4.4 Samples and field data remaining after tests
are conducted and field and laboratory equipment
that cannot be adequately cleansed of
contaminants are and continue to be your
property. They may be discarded or returned to
you, at our discretion, unless within 15 days of the
report date you give us written direction to store
or transfer the materials at your expense.
4.5 Electronic data, reports, photographs,
samples, and other materials provided by you or
others may be discarded or returned to you, at our
discretion, unless within 15 days of the report date
you give us written direction to store or transfer
the materials at your expense.
GC Revised 1/1/2018 Page 2 of 2
Section 5: Compensation
5.1 You will pay for Services as stated in this
Agreement. If such payment references our
Schedule of Charges, the invoicing will be based
upon the most current schedule. An estimated
amount is not a firm figure. You agree to pay all
sales taxes and other taxes based on your
payment of our compensation. Our performance is
subject to credit approval and payment of any
specified retainer.
5.2 You will notify us of billing disputes within 15
days. You will pay undisputed portions of invoices
upon receipt. You agree to pay interest on unpaid
balances beginning 30 days after invoice dates at
the rate of 1.5% per month, or at the maximum
rate allowed by law.
5.3 If you direct us to invoice a third party, we
may do so, but you agree to be responsible for our
compensation unless the third party is
creditworthy (in our sole opinion) and provides
written acceptance of all terms of this Agreement.
5.4 Your obligation to pay for Services under this
Agreement is not contingent on your ability to
obtain financing, governmental or regulatory
agency approval, permits, final adjudication of any
lawsuit, your successful completion of any project,
receipt of payment from a third party, or any
other event. No retainage will be withheld.
5.5 If you do not pay us in accordance with this
Agreement, you agree to reimburse all costs and
expenses for collection of the moneys invoiced,
including but not limited to attorney fees and staff
time.
5.6 You agree to compensate us in accordance
with our Schedule of Charges if we are asked or
required to respond to legal process arising out of
a proceeding related to the project and as to
which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work changes, or if changed labor
conditions result in increased costs, decreased
efficiency, or delays, or if the standards or
methods change, we will give you timely notice,
the schedule will be extended for each day of
delay, and we will be compensated for costs and
expenses incurred in accordance with our
Schedule of Charges.
5.8 If you fail to pay us in accordance with this
Agreement, we may consider the default a total
breach of this Agreement and, at our option,
terminate our duties without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
5.9 In consideration of our providing insurance
to cover claims made by you, you hereby waive
any right to offset fees otherwise due us.
Section 6: Disputes, Damage, and Risk Allocation
6.1 Each of us will exercise good faith efforts to
resolve disputes without litigation. Such efforts
will include, but not be limited to, a meeting(s)
attended by each party’s representative(s)
empowered to resolve the dispute. Before either
of us commences an action against the other,
disputes (except collections) will be submitted to
mediation.
6.2 Notwithstanding anything to the contrary in
this Agreement, neither party hereto shall be
responsible or held liable to the other for
punitive, indirect, incidental, or consequential
damages, or liability for loss of use, loss of
business opportunity, loss of profit or revenue,
loss of product or output, or business
interruption.
6.3 You and we agree that any action in relation
to an alleged breach of our standard of care or this
Agreement shall be commenced within one year
of the date of the breach or of the date of
substantial completion of Services, whichever is
earlier, without regard to the date the breach is
discovered. Any action not brought within that
one year time period shall be barred, without
regard to any other limitations period set forth by
law or statute. We will not be liable unless you
have notified us within 30 days of the date of such
breach and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have provided
us at least 30 days prior to the institution of any
legal proceeding against us with a written
certificate executed by an appropriately licensed
professional specifying and certifying each and
every act or omission that you contend constitutes
a violation of the standard of care governing our
professional services. Should you fail to meet the
conditions above, you agree to fully release us
from any liability for such allegation.
6.4 For you to obtain the benefit of a fee which
includes a reasonable allowance for risks, you
agree that our aggregate liability for all claims
will not exceed the fee paid for Services or
$50,000, whichever is greater. If you are
unwilling to accept this allocation of risk, we will
increase our aggregate liability to $100,000
provided that, within 10 days of the date of this
Agreement, you provide payment in an amount
that will increase our fees by 10%, but not less
than $500, to compensate us for the greater risk
undertaken. This increased fee is not the purchase
of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
herein and to insure this obligation. In addition,
all indemnities and limitations of liability set
forth in this Agreement apply however the same
may arise, whether in contract, tort, statute,
equity or other theory of law, including, but not
limited to, the breach of any legal duty or the
fault, negligence, or strict liability of either party.
6.6 This Agreement shall be governed,
construed, and enforced in accordance with the
laws of the state in which our servicing office is
located, without regard to its conflict of laws rules.
The laws of the state of our servicing office will
govern all disputes, and all claims shall be heard in
the state or federal courts for that state. Each of
us waives trial by jury.
6.7 No officer or employee acting within the
scope of employment shall have individual liability
for his or her acts or omissions, and you agree not
to make a claim against individual officers or
employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent they
are caused by our negligent acts or omissions or
those negligent acts or omissions of persons for
whom we are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses of others to the
comparative extent they are caused by your
negligent acts or omissions or those negligent acts
or omissions of persons for whom you are legally
responsible.
7.2 To the extent it may be necessary to
indemnify either of us under Section 7.1, you and
we expressly waive, in favor of the other only, any
immunity or exemption from liability that exists
under any worker compensation law.
7.3 You agree to indemnify us against losses and
costs arising out of claims of patent or copyright
infringement as to any process or system that is
specified or selected by you or by others on your
behalf.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance to
you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
negligence.
8.2 You and we, for ourselves and our insurers,
waive all claims and rights of subrogation for
losses arising out of causes of loss covered by our
respective insurance policies.
8.3 Neither of us will assign or transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign or
otherwise transfer or encumber any proceeds or
expected proceeds or compensation from the
project or project claims to any third person,
whether directly or as collateral or otherwise.
8.4 This Agreement may be terminated early
only in writing. You will compensate us for fees
earned for performance completed and expenses
incurred up to the time of termination.
8.5 If any provision of this Agreement is held
invalid or unenforceable, then such provision will
be modified to reflect the parties' intention. All
remaining provisions of this Agreement shall
remain in full force and effect.
8.6 No waiver of any right or privilege of either
party will occur upon such party's failure to insist
on performance of any term, condition, or
instruction, or failure to exercise any right or
privilege or its waiver of any breach.
Date: April 28, 2022 Agenda Item #: VI.C .
To:C hair & C ommis s ioners of the Edina HR A Item Type:
Advisory C ommunic ation
F rom:S tephanie Hawkinson, Affordable Housing
Development Manager Item Activity:
Subject:Housing R ehabilitation P rogram S tatus R eport
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
No action needed.
I N TR O D U C TI O N:
I n April 2021 the H R A approved funding for a home rehabilitation program. One year later there are 31
households borrowing a total of $711,485.56. T he program is expected to be fully subscribed by the end of May
2022.
AT TAC HME N T S:
Description
Staff Report
April 28, 2022
Chair and Commissioners of the Edina HRA
Stephanie Hawkinson, Affordable Housing Development Manager
Housing Rehabilitation Program Status Report
Information / Background:
On April 8, 2021 the HRA approved $250,000 for a Housing Rehabilitation program to be administered by
the Center for Energy and Environment (CEE). An additional $750,000 was applied to this program on
August 26, 2021. The program guidelines are as follows:
Loan Amount: $2,000-$30,000
Loan Terms: 2% simple, non-compounding interest, deferred for 30-years
Income limit: 125% of AMI
House value limit: $450,000
Loan to Value Ratio: 110%
Loan Administrator: Center for Energy and the Environment
The housing rehabilitation program augments the program offered by Hennepin County. The latter is
supported through a portion of the City’s allocation of Community Development Block Grant Funds
(CDBG). The city based program in partnership with the CEE has broader goals: 1) Preserve modest
homes, 2) promote sustainability, 3) provide a financing option that is fully deferred to save on monthly cash
flow.
The program includes an option for principal and interest forgiveness. This option is available if the house is
sold to the HRA and either placed into a Land Trust through West Hennepin Affordable Housing Land
Trust, added to the Metro HRA affordable housing program, or preserved for long term affordability
through another future mechanism.
STAFF REPORT Page 2
Program Update
One year into this program, there are 31 borrowers representing 17 neighborhoods. As of March 31, 2022
$711,485.56 has been borrowed. It is anticipated that the program will be fully subscribed by the end of
May 2022.
Outcome
One goal of this program was to preserve an aging housing stock. As CEE first inspects for healthy, safety
and code concerns, and then to improve energy efficiency – that goal is being met for these 31 homes. A
secondary goal was to preserve for long-term affordability by forgiving the loan if the house is eventually
sold to the HRA our one of our housing partners. The outcome for that goal has yet to be determined.
Date: April 28, 2022 Agenda Item #: VI I.A.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:MO T I O N TO C LO S E S ES S I O N: as permitted by
MS . 13D.05 subdivision 3 to disc uss the potential
S ale of R eal P roperty located at 5146 Eden Avenue
Disc ussion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
No action required; for discussion purposes only.
I N TR O D U C TI O N:
T his item pertains to the potential sale of portions of the vacant property to be used as a senior housing
cooperative and restaurant with indoor and outdoor seating.
S taff will update the H R A Board on the negotiations with U nited P roperties and J ester C oncepts.
Due to the sensitive nature of real estate negotiations, this discussion will take place in a closed section as
permitted by M innesota Statute 13D .05 subdivision 3. N o action will take place during this closed meeting.
AT TAC HME N T S:
Description
Grandview Yard Sketch Plan Submittal
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
RESTAURANT
GRANDVIEW
YARD
PARKING
RAMP
SENIOR
CO-OP
JERRY’S
FOODS
AVIDOR
LIVING
EXISTING
COMMERCIAL
EXISTING
COMMERCIAL
EDEN 100
OFFICE
BUILDING
HILLTOP
RESTAURANT
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARD
TERRACE
SEATING
PED
ROUTE
EVENTS
LAWN
OUTDOOR
DINING
AMENITY
DECK
AMENITY
COURTYARD
EX SECTION
ARCADIA AVE SECTION
CO-OP
ENTRY PLAZA
RESTAURANT
SENIOR
CO-OP
PARKING
PARKING
EXISTING
RAILROAD
SERVICE
AREA
RESTAURANT
VALET
PUBLIC
RESTROOM
PED
BRIDGE
SHORT
TERM
PARKING
PARKING
ACCESS
PARKING
ACCESS
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
SENIOR
CO-OP
PROPERTY
RESTAURANT
PROPERTY
GRANDVIEW
YARD PARK
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
PED
BRIDGE
TERRACING
PARKING
GRANDVIEW
YARD
DRIVE AISLE
CO-OP
ENTRY PLAZA
PUBLIC
RESTROOM
RESTAURANT
SENIOR CO-OP
AVIDOR LIVING
(BEHIND)JERRY’S
5101 OFFICE
TOWER
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARDRESTAURANT
SENIOR
CO-OP
SHORT TERM
PARKING
AMENITY
DECK
PARKING
ACCESS
EXISTING
RAILROAD
PED
BRIDGE
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARD
TERRACE
SEATING
SLOPED
LAWN
PED
ROUTE
EVENT
LAWN
OUTDOOR
DINING
RESTAURANT
PARKING
EXISTING
RAILROAD
SERVICE
AREA
RESTAURANT
VALET
LANDSCAPE
BUFFER
LANDSCAPE
BUFFER
LANDSCAPE
BUFFER
PUBLIC
RESTROOM
PED
BRIDGE
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARD
PED
ROUTE
EVENT
LAWN
OUTDOOR
DINING
PARKING
ACCESS
CO-OP
ENTRY PLAZA
RESTAURANT
PARKING
EXISTING
RAILROAD
PUBLIC
RESTROOM
PED
BRIDGE
SENIOR
CO-OP
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARD
TERRACE
SEATING
SLOPED
LAWN
PED
ROUTE
EVENT
LAWN
OUTDOOR
DINING
RESTAURANT
PARKING
SERVICE
AREA
RESTAURANT
VALET
LANDSCAPE
BUFFER
LANDSCAPE
BUFFER
PED
BRIDGE
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
GRANDVIEW
YARD
PED
ROUTEEVENT
LAWN
PED
CONNECTION
LANDSCAPE
BUFFER
OUTDOOR
DINING
RESTAURANT
EXISTING
RAILROAD
PUBLIC
RESTROOM
PED
BRIDGE
SENIOR
CO-OP
GRANDVIEW YARD - CONCEPT
JANUARY 2022EDINA, MN
Date: April 28, 2022 Agenda Item #: VI I.B.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
O ther
F rom:
Item Activity:
Subject:MO T I O N TO O P EN S ES S I O N: C hair &
C ommis s ioners of the Edina HR A
Action
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
M otion to move to O pen S ession.
I N TR O D U C TI O N:
Date: April 28, 2022 Agenda Item #: VI I.C .
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:Bill Neuendorf, Economic Development Manager
Item Activity:
Subject:5146 Eden Avenue - C all for P ublic Hearing to
cons ider sale of real es tate for redevelopment
purposes
Ac tion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Authorize staff to schedule a P ublic H earing to consider the sale of real estate at 5146 Eden Avenue for
redevelopment purposes.
I N TR O D U C TI O N:
T he E dina H R A has discussed the potential sale of real estate at 5146 E den Avenue on multiple locations.
Letters of I ntent have been received from J ester C oncepts to construct a new restaurant on the middle portion of
the site and from U nited P roperties to develop a new housing cooperative on the southern portion of the site. T he
northern most portion would be redeveloped as a public park.
A public hearing is recommended to be scheduled to better inform the E dina H R A as they consider entering into
sales contracts to redevelop the vacant site.
Date: April 28, 2022 Agenda Item #: VI I.D.
To:C hair & C ommis s ioners of the Edina HR A Item Type:
R eport / R ecommendation
F rom:S tephanie Hawkinson, Affordable Housing
Development Manager Item Activity:
Subject:C onsideration of G ap F inanc ing for the F red I I
located at 4620 West 77th S treet
Disc ussion
Edina Housing and Redevelopment
Authority
Established 1974
C ITY O F E D IN A
HO US I NG & R EDEVELO P MENT
AUT HO R I T Y
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
S eeking preliminary approval to provide gap financing for the development of the F red I I .
I N TR O D U C TI O N:
T he Fred P hase I I is located at 4620 West 77th Street, on the south side of Fred R ichards P ark. T he
development is proposed by Solhem D evelopment who is seeking up to $9,350,000 in gap financing for a 276
unit multifamily development. Ten-percent of the units (28) will serve households with incomes at or below 50%
of AM I. T he remaining 90% of the units will serve households with incomes between 70% and 100% of AM I.
T he development will comply with the new sustainability standards and includes creating an entrance off of West
77th Street to the Fred R ichards P ark.
S taff is seeking feedback on the potential provision of financing to support the development and the suggested
sources. Staff is also seeking authorization to engage H R A’s legal and financial advisors to explore the needs,
costs and benefits of this potential redevelopment project.
AT TAC HME N T S:
Description
Staff Report
April 28, 2022
Chair and Commissioners of the Edina HRA
Stephanie Hawkinson, Affordable Housing Development Manager
Consideration of Gap Financing for the Fred II located at 4620 West 77th Street
Information / Background:
The Solhem Companies has identified a gap of up to $9,450,000 in private financing the development of 276
housing units at 4920 West 77th Street (the “Site”) called the Fred II. Financial assistance is being requested
due to the extraordinary soil conditions caused by a high-water table, necessitating a public access to the
Fred Richards Park, and costs associated with recent passage of Sustainability Guidelines. Further, this is not
intended to be a luxury building, but rather 100% of the units are planned to be affordable to the general
workforce: ten percent (10%) of units will be affordable to households with incomes at or below 50% of the
Area Median Income (AMI), with the remaining 90% of units affordable to households with incomes between
70% and 100% of AMI.
Current Conditions
The Site currently hosts a cracked asphalt parking lot and an empty office building. The Site is within the
Greater Southdale Area and has excellent proximity to schools, parks, trails, transit, access to employment,
and access to good and services. The site is underdeveloped given the proximity of superior amenities.
Adherence to City Policies
Southdale Design Experience Guidelines. The developer has received input via the City’s “sketch
plan” review process. This input will be taken into consideration as the developer prepares a full
proposal to rezone and redevelop the site.
New Multifamily Affordable Housing Policy: Fred II will provide 10% of the units (28 units)
affordable to households with incomes at or below 50% of AMI. The remaining units will serve
households with incomes that are not currently served by new multifamily market rate
developments.
STAFF REPORT Page 2
Sustainability Guidelines: The new project will nearly double the existing permeable green space on
the site, from 22% to approximately 42%. This will benefit the surrounding flood plain. New native
vegetation, plantings, and trail-ways will allow for a more resilient urban environment while
accommodating much greater human density and natural diversity. An existing grove of mature trees
in the northwestern corner of the site will be preserved. Organics recycling and regular recycling
will be available to all residents. Bike parking and EV charging stalls are part of the existing design.
The developer will work with Xcel’s Energy Design Assistance Program to foster the most cost-
effective and energy minimizing design for long term building operations.
Developer’s Summary of Extraordinary Cost Drivers
The Developer has identified the following site and project expenses specific to redeveloping this Site that
contribute to the gap in private financing:
STAFF REPORT Page 3
Support of Fred Richards Park Master Plan
The Fred II’s site plan includes a road that provides access from West 77th Street to the Fred Richards Park.
As this access to the south side of the park is on what is now privately held land, the development provides
an opportunity to fulfill this vision. The Fred Richards Park Master Plan, as presented by drawings prepared
by Confluence, show access on the south side of the park, in the general location as proposed by Solhem.
The Plan was approved after 4 open houses that were attended by over 200 Edina residents. This is in
addition to the over 1300 respondents to the on-line engagement. The proposed Fred II cannot financially
support the creation of this access without Public financing.
Available Funding Source
In lieu of creating a new TIF district to meet the request, staff and consultants have explored the use of
funds pooled from the 2014 Pentagon Park TIF District together with SPARQ Funds. The Pentagon Park
TIF District was created in 2014, the boundaries of which included parcels north and south of West 77th
Street. Under the existing legislative authority, 25% of the captured increment of a Redevelopment TIF
District can be pooled to support qualifying future redevelopments. The Fred I, currently under
construction, and Fred II will be contributing increment that remains uncommitted to the Pentagon Park TIF
District’s original obligations. The Fred II request is potentially eligible for the use of these pooled funds.
Based on the current pace of redevelopment within the Pentagon Park TIF District, estimates provided by
the City’s financial advisor, Ehlers, suggests approximately $7 million of the project funding request could be
met from its pooled funds. The remaining funding request could be made available through the recently
approved SPARQ program.
Public Benefits
Creation of affordable housing (28 units) on-site for 20-years;
Creation of lower cost market rate housing (70-100% of AMI) on-site;
Public pedestrian and vehicular access to Fred Richards Park;
Public plaza adjacent to Fred Richards Park;
Adherence to Sustainability Policy;
Improved stormwater management system on site and in adjacent area;
Improvement to Edina’s water main loop serving the Pentagon Park area; and
Redevelopment of an underutilized and vacant office building and surface parking lot.
Requested Action
Staff is seeking feedback on the potential provision of financing to support the development and the
suggested sources. Staff is also seeking authorization to engage HRA’s legal and financial advisors to explore
the needs, costs and benefits of this potential redevelopment project. Ultimately, staff intends to prepare a
Term Sheet that identifies a viable path for public funding to be applied to make this type of redevelopment
project viable. The Term Sheet would be presented to the HRA for consideration later in 2022.