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HomeMy WebLinkAbout2020-07-30 HRA Regular Meeting PacketAgenda Edina Housing and Redevelopment Authority City of Edina, Minnesota VIRTUAL MEETING Thursday, July 30, 2020 7:30 AMTo make live testimony:800-374-0221, the conference ID number is 9078059. Watch meeting: https://www.edinamn.gov/746/Watch-a-City-Meeting or Facebook Live at https://www.facebook.com/edinamn/. I.Call to Order II.Roll Call III.Pledge of Allegiance IV.Approval of Meeting Agenda V.Community Comment During "Community Comment," the Edina Housing and Redevelopment Authority (HRA) will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the HRA or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on today's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commissioners to respond to their comments today. Instead the Commissioners might refer the matter to sta. for consideration at a future meeting. VI.Adoption of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Commissioner of the HRA. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Commissioners present to approve.) A.Draft Minutes of Regular Meeting June 25, 2025 B.Request for Purchase: Grandview District Preliminary Engineering Services C.Approve Payment of Claims D.Request for Purchase: Grandview 2 TIF District, Preliminary Engineering Services VII.Reports/Recommendations: (Favorable vote of majority of Commissioners present to approve except where noted) A.Recommendation Pertaining to Amundson Avenue TIF District Increment B.Approve a Revolving Line of Credit Agreement with West Hennepin A.ordable Housing Land Trust VIII.Correspondence A.Correspondence IX.HRA Commissioners' Comments X.Executive Director's Comments A.6600-6800 France - Project Update B.Pentagon Village - Project Update XI.Adjournment The Edina Housing and Redevelopment Authority wants all participants to be comfortable being part of the public process. If you need assistance in the way of hearing ampli@cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: July 30, 2020 Agenda Item #: VI.A. To:Chair & Commissioners of the Edina HRA Item Type: Minutes From:Liz Olson, Administrative Support Specialist Item Activity: Subject:Draft Minutes of Regular Meeting June 25, 2025 Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the regular minutes of June 25, 2020. INTRODUCTION: See attached meeting minutes of June 25, 2020. ATTACHMENTS: Description Draft Minutes of Regular Meeting June 25, 2020 Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY JUNE 25, 2020 7:30 A.M. I. CALL TO ORDER Chair Hovland called the meeting to order at 7:35 a.m. and noted the meeting was being held virtually to comply with the Governor’s Stay at Home Order due to the COVID-19 pandemic then explained the processes created for public comment. II. ROLLCALL Answering rollcall were Members Anderson, Brindle, Fischer, Staunton, and Chair Hovland. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED - AS PRESENTED Motion by Commissioner Fischer, seconded by Commissioner Staunton, approving the meeting agenda as presented. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton, and Hovland Motion carried. V. COMMUNITY COMMENT No one appeared. VI. APPROVAL OF CONSENT AGENDA – AS PRESENTED VI.A. Approve minutes of June 11, 2020, Regular meeting VI.B. Approve Payment of Claims for HRA Check Register from May 21-June 18, 2020, 05.21.20-totalling $118,563.51. VI.C. Request for Purchase; awarding the bid to the recommended low bidder, 50th and France Paver Replacements, Pember Construction, $100,571.00 Motion by Commissioner Brindle, seconded by Commissioner Anderson, approving the consent agenda as presented: Rollcall: Ayes: Anderson, Brindle, Fischer, Staunton, and Hovland Motion carried. VII. REPORTS/RECOMMENDATIONS VII.A. 5146 EDEN AVENUE – REDEVELOPMENT AND RE-USE DISCUSSION – RECEIVED Economic Development Manager Neuendorf shared this item pertained to the 3.3-acre vacant parcel owned by the Edina HRA at 5146 Eden Avenue. He said it had been more than one year since re-use and redevelopment of this site had been discussed then provided an update on the status of the property. He said there continued to be interest to redevelop this site and that staff was requesting direction from the HRA Board regarding the future of this site. He outlined the site’s guiding principles, current status, options to consider, suggested concept, then asked for Commission discussion. He spoke about redevelopment efforts on hold for over a year, continued market interest, and concerns about public debt for new facilities. Mr. Neuendorf noted the incremental taxes were now available to fund improvements with a June 2021 funding deadline. He spoke about options that included holding the land for future redevelopment, sell or lease the property, construct a new public facility on the site, or split the property for options then suggested a two-part strategy for consideration that included pursuit of public improvements and mixed uses on the site. Mr. Neuendorf outlined potential options that included senior cooperative, public outdoor plaza, and commercial or future public use and said staff could prepare Minutes/HRA/June 25, 2020 Page 2 part of the site in 2021-2022 and the possibility to modify the TIF district to finance public benefits. He asked if the suggested timeframe, process, and mixture of uses was agreeable and if staff should accept meetings with developers now. The Commission spoke about the group who helped create the vision and framework for this area then shared comments on how the public works site fit into the whole. They shared proposed renderings that resulted from the April 2010 design workshop then outlined the Grandview Planning Context in detail and how the Public Works site could be done sooner than the overall plan and why it was not done already but was partly due to public input that this should be a community or arts center. Discussion was held about adding debt and timing of public projects and how private development did not always coincide and how the City had an abundance of public land already. They spoke about the need for a new fire station but a better site could be on the east side of the highway. The Commission spoke about the transportation study for the Grandview area and the need to review for the long-term vision for 15-30 years and shared concerns about squandering TIF opportunities with public works site and said redevelopment should not be rushed but work should continue. They spoke about the importance of district parking and allowed for more pedestrian-oriented development around the site but noted this cannot weigh parking against the one project but thought of as a longer-term development and should always maintain a provision for a transit location and enhance senior coop housing and some element of affordable housing included. The Commission said they did not have to solve everything on one site and stressed the importance of retaining the spirit of the plan. The Commission discussed ideas from other developers and was open to selling the property to a developer who would honor the principles such as public accessible space and district parking and the importance of the planning timeframe and how some aspects of this site lended itself to a fire station and the north side of the site lended itself well to a housing element but a better use would be the north side and the possibility of a senior cooperative. The Commission spoke about the possibility of a grocery store and other uses but the public realm benefits to be accomplished would be the fire station sooner rather than later and the argument of debt addressed because the City owned the site and should be the guiding principles outside of the established principles. The Commission spoke about the potential of a future rail station and how the use did not have to necessarily be indoors and asked if district parking could be adequate to sell the property behind the Jerry’s complex and seen as a fire station for the northeast area of the City but not ideal being west of Highway 100. They spoke about the site included with Webber Park as an alternate location and could see a combination of medical and fire station use and would like to move forward and not assume COVID-19 has delayed development and said a good location would be on the south side for a medical use and the importance of public interest. Mr. Neuendorf said the Commission provided clarity on proposed uses and provided the opportunity to discuss possibilities with developers. Executive Director Neal noted staff was not against interacting the developers but wanted direction to help provide market direction and a clearer path to a successful development. The Commission asked for input on medical office and clarification on any preconceived notion on the site and the need to limit the discussion on other options. They said they should be open to options such as the Nolan Mains project and create a combination of a project to give more possibilities. Mr. Neal said it was a good idea for the Commission to share ideas for the site that included residential, commercial, and public use then review potential proposals received and reviewed the requirements the Commission would have and the need to be intentional about the fire station if no other locations were identified. Mr. Neal said there was a need to identify site attributes and call loads for a fire station which could be completed in short order then spoke about district parking and the future of Jerry’s ramp Minutes/HRA/June 25, 2020 Page 3 and how staff was anxious to create a lot of parking now that would not be needed in the future. Mr. Neuendorf spoke about constraints with the water treatment facility and the attached zoning approval of the ramp with Jerry’s office building and the difficulty of removing Jerry’s ramp altogether. The Commission discussed the element of affordable housing, public elements, and others and the commonality for a rail station in the future and the need for district thinking such as parking, energy, storm water solutions, and others and stressed the importance of not limiting creativity. Staff stated they received sufficient direction from the Commission on next steps regarding this site. VIII. CORRESPONDENCE AND PETITIONS VIII.A. CORRESPONDENCE - RECEIVED Chair Hovland acknowledged the Council’s receipt of various correspondence. IX. HRA COMMISSIONERS’ COMMENTS – Received X. EXECUTIVE DIRECTOR’S COMMENTS – Received XI. PROJECT UPDATE – Received Mr. Neuendorf shared a summary of redevelopment projects of interest to the Housing and Redevelopment Authority and answered questions about these projects. XI. ADJOURNMENT Motion made by Commissioner Brindle, seconded by Commissioner Staunton, to adjourn the meeting at 9:15 a.m. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton, and Hovland Motion carried. Respectfully submitted, Scott Neal, Executive Director Date: July 30, 2020 Agenda Item #: VI.B. To:Chair & Commissioners of the Edina HRA Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering and Bill Neuendorf, Economic Development Manager Item Activity: Subject:Request for Purchase: Grandview District Preliminary Engineering Services Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: Date: July 30, 2020 Agenda Item #: VI.C. To:Chair & Commissioners of the Edina HRA Item Type: Claims From:Don Uram, Finance Director Item Activity: Subject:Approve Payment of Claims Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion to approve payment of claims for HRA Check Register 06.25.20-07.23.20 TOTAL $15,913.91. INTRODUCTION: Payment of claims are attached. ATTACHMENTS: Description HRA Check Register 06.25.20-07.23.20 TOTAL $15,913.91 7/22/2020CITY OF EDINA 13:11:31R55CKS2LOGIS600V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 7/23/20206/25/2020 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 449944 6/25/2020 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136148.00 9210HRA MINUTES 5/28 526407 M25690 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 148.00 450018 7/2/2020 100664 BRAUN INTERTEC 09232 1467107,378.90 9232NORTH RAMP - ENVIRONMENTAL 526995 B211938 EQUIPMENT REPLACEMENT CENTENNIAL TIF DISTRICT 7,378.90 450167 7/2/2020 120155 SOUTHVIEW DESIGN 09210 1461021,991.51 9210NORTH RAMP - LANDSCAPE 526994 10753 CONTRACTUAL SERVICES HRA ADMINISTRATION 1,991.51 450435 7/16/2020 100730 DORSEY & WHITNEY LLP 09247 1261033,852.50 9247AMUNDSON AVENUE CLOSING 528147 3592012 PROFESSIONAL SERVICES 70TH AND AMUNDSON TIF DIS 3,852.50 450626 7/16/2020 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136219.00 9210JUNE 25 HRA MINUTES 528489 M25724 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 09210 146136219.00 9210JUNE 11 HRA MINUTES 528489 M25724 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 438.00 20200708 7/8/2020 129962 US BANK - CREDIT CARD 09248 1261032,000.00 9248FLYTE TYME ART RESTORATION 527937 SCOTT 6/23/2020 99 PROFESSIONAL SERVICES WEST 76TH STREET TIF DIST 09240 12610420.00 9240MN CREW CONFERENCE 527940 WILLIAM 6/4/2020 186 CONFERENCES & SCHOOLS PENTAGON PARK DISTRICT 09240 12610585.00 9240MSP BUSINESS SUBSCR 527941 WILLIAM 6/2/2020 185 DUES & SUBSCRIPTIONS PENTAGON PARK DISTRICT 2,105.00 Report Totals 15,913.91 Date: July 30, 2020 Agenda Item #: VI.D. To:Chair & Commissioners of the Edina HRA Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Grandview 2 TIF District, Preliminary Engineering Services Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase: Grandview 2 TIF District, P reliminary Engineering Services with SEH, Barr Engineering, and Kimley-Horn. INTRODUCTION: Potential Grandview 2 TIF projects were discussed with the HRA on June 11. The HRA requested staff solicit proposals for the following improvements: 1. Reconstruction of Eden Avenue and Arcadia Intersection 2. Review of the Grandview lift station 3. Jerry’s parking ramp structure repairs, improvements & review of vertical vehicle ramps ATTACHMENTS: Description Request for Proposal SEH Proposal Barr Proposal Kimley Horn Proposal City of Edina • 4801 W. 50th St. • Edina, MN 55424 Request for Purchase Date: July 30, 2020 To: Chair and Commissioners of the Edina HRA From: Bill Neuendorf, Economic Development Manager Chad A. Millner, PE, Director of Engineering Subject: Request for Purchase: Grandview 2 TIF District, Preliminary Engineering Services Purchase Subject to: ☐List Quote/Bid ☐State Contract ☒Service Contract The Recommended Bid is: ☒Within Budget ☐Not Within Budget Total Contract Approvals $216,174 Background On June 11, 2020, staff received authorization from the HRA to seek proposals for improvements in the Grandview 2 TIF District. Recall the 5-year rule for the TIF district is nearing expiration. These projects would use some of the available TIF funding to achieve some of the goals identified in previous planning efforts. These improvements could include the following: 1. Reconstruction of Eden Avenue and Arcadia Intersection 2. Review of the Grandview lift station (LS #9) 3. Jerry’s parking ramp structure repairs, improvements & review of vertical vehicle ramps Staff recommends approval of these preliminary design services with the three consultants listed. Date Bid Opened or Quote Received: Bid or expiration Date: July 22, 2020 Company: Amount of Quote or Bid: SEH Barr Engineering Kimley Horn $78,174 (Prelim Design Eden Ave) $40,000 (Prelim Design Lift Station) $98,000 (Prelim Design Jerry’s Parking Ramp) Recommended Quote or Bid: SEH Barr Engineering Kimley Horn $78,174 (Prelim Design Eden Ave) $40,000 (Prelim Design Lift Station) $98,000 (Prelim Design Jerry’s Parking Ramp) Page 2 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Request for Purchase Department Director Authorization: ________________________________________ City Council Authorization Date: ____________ (for purchases over $20,000 only) Budget Impact This project is funded by Grandview 2 TIF funds. These funds afford us the opportunity to meet some of the goals previously identified before the expiration of the TIF district. Environmental Impact None – Engineering services. Community Impact These projects can meet many of the seven guiding principles such as enhance the district’s economic viability, design for the present and the future by pursuing logical increments of change using key parcels as stepping stones to a more vibrant, walkable, functional, attractive, and life- filled place, organize parking as an effective resource for the district by linking community parking to public and private destinations while also providing parking that is convenient for businesses and customers, improve movement within and access to the district for people of all ages by facilitating multiple modes of transportation, and preserve future transit opportunities provided by the rail corridor and create an identity and unique sense of place that incorporates natural spaces into a high quality and sustainable development reflecting Edina’s innovative development heritage. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343-9302 SEH is 100% employee-owned | sehinc.com | 952.912.2600 | 800.734.6757 | 888.908.8166 fax SUPPLEMENTAL LETTER AGREEMENT July 20, 2020 RE: City of Edina Eden Avenue & Brookside Avenue Preliminary Engineering SEH No. EDINA156135 10.00 Mr. Chad Millner, PE Director of Engineering City of Edina Engineering and Public Works Facility 7450 Metro Boulevard Edina, MN 55439 Dear Chad: Short Elliott Hendrickson Inc. (SEH®) appreciates the opportunity to submit the attached proposal for preliminary engineering services relative to the referenced project. If accepted, this supplemental letter agreement describes how we will provide these services for a not-to-exceed fee of $78,174.00. This amount is detailed in the attached Task Hour Budget (THB) and includes our reimbursable expenses. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our Agreement for Professional Engineering Services dated June 4, 2013, herein called the Agreement. The project entails the shaded area shown in the attached graphic. Our scope of work includes the evaluation of feasibility, associated impacts, and preliminary costs of the reconstruction of Eden Avenue from east of Vernon Avenue to east of the southbound TH 100 on ramps with the addition of a single lane roundabout at the intersection of Eden Avenue and Arcadia Avenue. The reconstruction of Brookside Avenue from Eden Avenue to approximately 430 feet north is also included in the project. The preliminary engineering memo will also include: · A traffic analysis of the Eden Avenue/Arcadia Avenue intersection using City-provided traffic data and the traffic study completed by Spack Consulting. SEH will verify the traffic study recommendation of a single lane roundabout at the intersection and evaluate right-of-way impacts associated with the work. · An analysis of traffic patterns in the surrounding area if the southbound ramps to TH 100 on Eden Avenue were to be removed. · An analysis of warrants for Rapid Rectangular Flashing Beacons (RRFB’s) for the pedestrian crossings at the roundabout. · An evaluation of adding sidewalks and bike lanes along Eden Avenue (including relocating the sidewalk behind the piers of the Canadian Pacific Railroad bridge). · An analysis of the realignment of the Eden Avenue/Sherwood Road intersection. This will include graphics of the both the interim build-out condition (in which the Eden Mr. Chad Millner, PE July 20, 2020 Page 2 Avenue connection to Vernon Avenue is maintained) and the future build-out condition (in which this connection is removed). · Coordination with Barr Engineering relative to impacts to the existing City lift station due to proposed intersection reconfiguration at Eden Avenue and Arcadia Avenue. This Supplemental Letter Agreement, THB, and the Agreement represent the entire understanding between the City of Edina and SEH in respect to the project and may only be modified in writing if signed by both parties. We look forward to working with you and your staff on this project. Please contact me at 952.912.2616 or tmuse@sehinc.com with questions regarding this proposal. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Toby Muse, PE Project Manager Enclosures x:\ae\e\edina\156135\1-genl\10-setup-cont\03-proposal\sla ltr eden ave 07 20 20.docx Accepted on this ___day of________________, 2020 City of Edina, Minnesota By: _________________________________ Name _________________________________ Title E D E N A V E N U E ARCADIA AVENUEVERNON AVENUEJERRY'S FOODS ?úA@ STHY101FRONTAGEROADSPEEDWAY AVIDORAPARTMENTS EDINALIBRARY OUR LADY OF GRACE CATHOLIC CHURCH SHERWOOD ROADGRANDVIEW SQUAREBROOKSIDE AVENUECANADIAN PACIFIC RAILROADEDEN AVENUE &BROOKSIDE AVE PROJECT AREA 5301 4917 5200 4801 5101 5113 5100 5100 5100 5100 5146 5146 514624 5116 5120 5100 24 5075 2424 245125 5035 5101 50495105 5116 5100 5104 5108 5112 5116 5124 5128 5132 5136 5140 5144 5100 5104 5108 5112 5120 5132 51485141 5137 5133 5129 5125 5121 5117 5113 5109 5105 5101 5124 5300 5209 5301 5250 5201 5209 5213 5217 5221 5223 52805280 24 5275 52755275 52755275 5275 5275 5275 5275 5275 5275 527552755275 5275 52755275 5275527552755275 52755275 5275 52755275 5275 5205 5207 5051 5145 5153 24 24 5205 24 5203 5201 5213 5201 5225 5225 522552255225 5225 52255225 52255250 5220 I 0 200 400100Feet PMPEPEPEPEPEPEPEPEGrad EngSr TechGIS AnalystSurvey Crew ChiefSurvey TechAdmin TechReimbursable Expenses (22)Total1.11111446N/A 6$1,203.15$1,203.151.22241 1 1 1 1 1 1 1 1 1 1112246 4616224123222222422 9 1 1 1 3 1 1 3 13 1N/A 56$4,411.55 $1,857.08 $208.85 $199.75 $134.88 $399.07 $258.57 $154.41 $453.38 $1,432.28 $132.21$258.63 $9,900.632.112322222.24 154 154 154 152.32 242 244 4825 25501 122.4111111112.5Internal kickoff meetingReview street closure/detour impactsExisting Conditions Photos, Video, etc.Preliminary Street and Utility Design (11)Field InvestigationReview existing street conditionObserve drainage patternsTopographic SurveyHorizontal Survey Control - City MonumentsVertical Survey Control - Bench LoopsTopographic Survey (10)Locate and Record Soil BoringsComplete storm sewer structure inventoryAssess existing soils conditionsDevelop road subgrade recommendationsDevelop road typical section recommendationsDevelop trench excavation and backfill recommendationsData CollectionCollect Data from Client (CAD, GIS, Photos, Reports, etc) (7)Utility Coordination ProcessConduct Utility Gopher State One Call & Collect Private Utility MapsGeotechnical Investigation (8)(9)Sanitary/storm sewer manhole/catch basin structure survey dataTask Hours SummaryTask Fee SummaryTask #2 - Preliminary EngineeringMeetings (Notice, Agenda, Materials, Minutes)Kickoff meeting with ClientPredesign meeting with private utilities (1)MnDOT meeting (2)Preliminary design review meeting (3)Transportation Commission Meeting (4)Watershed District Meeting (6)HRA Meeting (5)City Council Meeting (5)Client: City of EdinaInvoice managementProject Name: Eden Avenue & Brookside Avenue Preliminary EngineeringSubtotal HoursSubtotal FeesContract and GeneralDevelop supplemental letter agreementCreate project in accounting systemSEH Project #156135Date: July 20, 2020Billing TitleTask #1 - Project ManagementPage 1 of 3 PMPEPEPEPEPEPEPEPEGrad EngSr TechGIS AnalystSurvey Crew ChiefSurvey TechAdmin TechReimbursable Expenses (22)TotalClient: City of EdinaProject Name: Eden Avenue & Brookside Avenue Preliminary EngineeringSEH Project #156135Date: July 20, 2020Billing Title33332212 251 2312 412 1013202 1032221 64 41514 2 61311 24442 46102 41624 410441 45444488202014 8132.611 2411 242.72 1 254 1 8132 4 48541247114 8 2840Evaluate need for permanent stormwater BMP'sEvaluate realignment of Eden Ave/Sherwood Rd from east (12)Proposed Roundabout Geometrics (15)Identify potential public/private utility conflicts (17)Evaluate existing lighting on Brookside DrPrepare preliminary lighting layout for roundabout, Eden Ave, and Brookside Ave (21)Sanitary Sewer DesignEvaluate feasibility of moving sidewalk on both sides of Eden Ave behind bridge piers (16)Summary Memo and Q/CTraffic DesignVerify Spack traffic study of Eden Ave/Arcadia Ave intersection and feasibility of roundabout, single laneEden Avenue AnalysisEvaluate impacts of ramp closure to SB TH 100 from Eden AveEvaluate warrants for RRFB's at roundaboutConfirmation of Ramp Origins (trip rerouting) via County led StreetLight AnalysisIdentify temporary right of way/easement needsRight of Way/Easements Identify permanent right of way/easement needsQuantity Calculations and Cost Estimating30% Cost EstimateWater Main DesignEvaluate upsizing and/or consolidation systemStreet LightingTraffic Control/Construction Staging (20)Evaluate future watermain system layoutEvaluate CCTV tapesDevelop rehabilitation recommendationsTurning Movement DiagramsDrainage/Storm Sewer DesignReview storm structure inventoryDevelop rehabillitation recommendations (18) (19)Evaluate addition of sidewalks and bike lanes on Eden AveProposed Geometrics (13)(14)Reduce survey data into basemap (Create CAD BA file)Incorporate available data info into basemap (Utility Maps, Data Collection information, etc.)Develop project existing surface modelDetermine typical sectionsEstablish proposed centerline alignment (horizontal) and road stationingPage 2 of 3 PMPEPEPEPEPEPEPEPEGrad EngSr TechGIS AnalystSurvey Crew ChiefSurvey TechAdmin TechReimbursable Expenses (22)TotalClient: City of EdinaProject Name: Eden Avenue & Brookside Avenue Preliminary EngineeringSEH Project #156135Date: July 20, 2020Billing Title20 17 22 15 88 10 4 16 31 102 28 34 34 2 N/A 416$4,010.50 $3,507.82 $4,594.59 $2,996.18 $11,869.00 $1,330.23 $1,034.28 $2,470.52 $4,684.88 $11,237.85 $3,701.88 $4,149.28 $3,557.00 $229.19 $1,676.67 $61,049.853.114 12 122922422 4811 441069 20 124 N/A 51$1,203.15$1,360.13 $2,203.50 $1,783.86$458.38 $214.50 $7,223.5222 9 1 1 1 3 1 1 3 13 1N/A 56$4,411.55 $1,857.08 $208.85 $199.75 $134.88 $399.07 $258.57 $154.41 $453.38 $1,432.28 $132.21$258.63 $9,900.6320 17 22 15 88 10 4 16 31 102 28 34 34 2 N/A 416$4,010.50 $3,507.82 $4,594.59 $2,996.18 $11,869.00 $1,330.23 $1,034.28 $2,470.52 $4,684.88 $11,237.85 $3,701.88 $4,149.28 $3,557.00 $229.19 $1,676.67 $61,049.8569 20 124 N/A 51$1,203.15$1,360.13 $2,203.50 $1,783.86$458.38 $214.50 $7,223.5248 26 23 16 89 13 5 17 43 135 29 12 34 34 6 N/A 523$9,625.20 $5,364.91 $4,803.44 $3,195.92 $12,003.88 $1,729.29 $1,292.85 $2,624.93 $6,498.38 $14,873.63 $3,834.09 $1,783.86 $4,149.28 $3,557.00 $687.57 $2,149.80 $78,174.00Notes:(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)(14)(15)(16)(17)(18)(19)(20)(21)(22)Task #1 - Project ManagementAssumes only catch basins and leads will be rehabilitated or replaced based on results of structure inventory; storm sewer mainline will remain in placeAssumes Avidor curb lines and sidewalk along Eden Ave and Brookside Dr will not be disturbedTask Hours SummaryTask Fee SummaryProject SummaryTask Hours SummaryTask Fee SummaryTask #2 - Preliminary EngineeringTask Hours SummaryTask Fee SummaryTask #3 - Preliminary Engineering MemoProject Hours SummaryProject Fee SummaryTask Hours SummaryTask Fee SummaryReview draft memo with City StaffDevelop final engineering memoPrepare and submit pdf copies of the reportPrepare Preliminary Engineering MemoPrepare project area and other figuresTask Hours SummaryTask Fee SummaryTask #3 - Preliminary Engineering MemoDoes not include analysis of storm main capacity or catch basin spreadsAssumes the Grandview District traffic data and Spack traffic study and data will be provided and there will be no field traffic count data collection.Utility conflicts will be identified on the preliminary engineering memo graphicsAssumes SEH will lead two (2) preliminary design meeting with MnDOT staff to review roundabout layout and discuss potential closure of SB TH 100 ramp from Eden AveAssumes one (1) meeting with City staff during preliminary design to review project design issues/constraints/opportunitiesAssumes SEH will prepare graphics for meeting only. City will present.Includes coordination with CPRRAssumes SEH will lead one (1) predesign meeting with private utility companies to discuss existing utilities, review anticipated impacts, and discuss planned facility upgrades within the project limitsCity staff will coordinate soil boring scope, schedule and contract with independent soil boring contractorRoad design criteria shall meet Minnesota Department of Transportation Municipal State Aid design standardsIncludes investigating feasibility and cost of pedestrian level lighting in addition to roadway level lighting. Roadway lighting only includes approximately 100' of Brookside Ave (adjacent to housing)Review options to determine proposed construction phasing and/or road closures/detours Assumes SEH will lead one (1) predesign meeting with Nine Mile Creek Watershed District and Minnehaha Creek Watershed District staff to review project improvements, identify stormwater requirements, and brainstorm potential BMP solutions (if required)Assumes SEH will attend one (1) City Council meeting and one (1) HRA meetingIncludes employee mileage, reproductions, vehicle, survey equipment and computer costsIncludes staking soil boring locations for City's soil boring contractor. Includes evaluation of removing TWLTL on Eden Ave and addition of on-street bike lanesProposed Eden Ave/Sherwood Rd intersection will be designed to tie into Eden Ave east of Vernon Ave. We understand City proposes to remove Eden Ave connection to Vernon Ave in the future. Future project schedule is to be determined. Includes geometric design of full build out of Eden Ave/Sherwood Rd realignment (and removal of connection to Vernon Ave) and interim condition with connection to Vernon Ave intactIntersection will be relocated to west and/or south to avoid impacts to walls/landscaping on northeast cornerPage 3 of 3 Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com July 22, 2020 Chad Millner and Ross Bintner Engineering Department City of Edina 7450 Metro Boulevard Edina, MN 55439 Re: Proposal for City of Edina Lift Station 9 Replacement Dear Mr. Millner and Mr. Bintner: This letter presents our proposed scope of services and estimated cost for evaluating and providing preliminary design for upgrades to Lift Station 9 (LS-9, also known as the Grandview station). The scope of work presented below is based on general work tasks described during our June 16, 2020, conference call, and our July 13, 2020, site visit with City of Edina (City) staff. Project Understanding This project focuses on potential upgrades to the sanitary lift station located near Arcadia Avenue and Eden Avenue, LS-9. Due to planned redevelopment in the area, we understand that the intersection adjacent to the lift station may be reconfigured dependent on the outcome of transportation work concurrently being performed by SEH. If the intersection needs to be reconfigured, the existing lift station will likely need to be moved. In addition, planned future growth with increased population density may necessitate a larger lift station. We understand the overall objectives of this project are to evaluate options for lift station improvements and potential relocation. We understand that the City and SEH estimate that a final transportation recommendation will be made in September or October; however, we recognize the schedule is dependent on coordination with the Minnesota Department of Transportation (MNDOT) and is therefore subject to MNDOT’s schedule as well. Project Scope of Work Tasks associated with the scope of work are described below. Task 1.0 Project Initiation This phase will consist of a kick-off meeting with City staff including completion of a client service plan. We will hold a kick-off meeting via Microsoft Teams that will be attended by key City and Barr staff. During this meeting, we will introduce the project team, review the overall project objectives, review information regarding the proposed intersection upgrades, and finalize the scope and schedule. We will also hold an internal project kick-off meeting with Barr staff after meeting with City staff. This task will also include any relevant data review. Mr. Chad Millner and Mr. Ross Bintner Page 2 \\barr.com\Administration\Business Units\WR\Proposals\2020\P119.20 City of Edina Sanitary Lift Station 9\City of Edina - Grandview_LiftStation_09_Scope_of_Work_07222020.docx deliverables: • kick-off meeting with City staff including meeting invitation, meeting agenda, and meeting notes • scope modifications, only if needed assumptions: • project kick-off meeting with City staff will be held via Microsoft Teams anticipated completion: two weeks following authorization to proceed cost: $3,000 Task 2.0 Lift Station and Force Main Capacity Evaluation Barr will work with City staff to identify the locations (i.e., parcels), anticipated development density, and timeframe of potential redevelopment in the Grandview area. Inflows would be modified in the existing sanitary model to reflect ultimate development conditions within the city and then used to determine the lift station and force main capacity required to serve anticipated long-term redevelopment. This task includes one meeting with City staff (including the City’s Community Development Director) to identify anticipated future development. Design criteria will be summarized in the basis of design document described in Section 3.0 below. deliverables: • one meeting with City staff including meeting invitation, agenda, and notes • design criteria for sizing the lift station and force main. Design criteria will be summarized in the design basis document described in Section 3.0 assumptions: • meeting with City staff will be held via Microsoft Teams • only one development/redevelopment scenario will be evaluated • City staff will provide anticipated redevelopment information anticipated completion: four weeks following completion of project initiation (Task 1.0) cost: $7,000 Task 3.0 Preliminary engineering assuming relocation of lift station For purposes of this proposal, Barr assumes that the Eden/Arcadia intersection will need to be reconfigured, and the lift station will need to be relocated. Barr will develop a basis of design document that will summarize the design assumptions and parameters, including a figure showing the proposed lift station location.. The design basis document would include assumptions related to the design of a new lift station structure, inlet piping, pumps, tie-in to the existing forcemain, and upgraded electrical systems. In Mr. Chad Millner and Mr. Ross Bintner Page 3 \\barr.com\Administration\Business Units\WR\Proposals\2020\P119.20 City of Edina Sanitary Lift Station 9\City of Edina - Grandview_LiftStation_09_Scope_of_Work_07222020.docx addition, future (long-term) anticipated capacity will be evaluated (as described in Section 2.0 above) and the station will be sized to accommodate both immediate and future flows. The basis of design document will include a Class IV cost estimate and preliminary engineering drawings. City and Barr staff will meet twice to discuss the preliminary design elements. deliverables: • two meetings with City staff • basis of design document • class IV cost estimate • preliminary engineering drawings assumptions: • City staff will provide existing lift station information including drawings and pump information • City will provide preliminary information related to the Eden/Arcadia intersection reconfiguration • meetings with City staff will be held via Microsoft Teams anticipated completion: 6 weeks after City/SEH/MnDOT decision on intersection reconstruction (anticipated by October 15). cost: $20,000 Project Team The following is a list of key individuals who will be supported by additional staff, as needed, to complete each task. Sarah Stratton, CFM, Vice President, Senior Water Resources Scientist Sarah will serve as Barr’s principal-in- charge for the project. Julia Macejkovic, P.E., Senior Civil Engineer Julia will serve as Barr’s project manager and technical lead for the project. Megan Stage, P.E., Civil Engineer Megan will serve as project engineer for the project. Zach Nesler, Electrical Designer Zach will serve as project electrical designer for the project. Kelly Matson, Water Resources Engineer Kelly will serve as a demand planning modeler for the project Brandon Barnes, P.E., Water Resources Engineer Brandon will serve as a technical advisor for the demand planning. Mr. Chad Millner and Mr. Ross Bintner Page 4 \\barr.com\Administration\Business Units\WR\Proposals\2020\P119.20 City of Edina Sanitary Lift Station 9\City of Edina - Grandview_LiftStation_09_Scope_of_Work_07222020.docx Project Cost Estimate and Schedule The total cost for the estimated scope of work described above is $30,000 We propose to complete this work on a time and expense basis, and will complete the work six weeks after the City and SEH have finalized the transportation recommendations and assuming all data required for the work is provided to Barr in a timely manner. Barr will complete the proposed scope of work in accordance with the Master Agreement for Professional Engineering Services. The table below summarizes the cost and estimated completion date for each task. Task Estimated Cost Estimated Completion Date Task 1.0: Project initiation $3,000 2 weeks following authorization to proceed Task 2.0: Demand planning $7,000 4 weeks following Task 1 completion Task 3.0: Preliminary design assuming relocation of lift station $20,000 December 1, 2020 (6 weeks after City/SEH/MnDOT decision on intersection reconstruction; anticipated October 15, 2020) Project Total: $30,000 We appreciate the opportunity to continue providing engineering services to the City of Edina and look forward to working with you on this project. If the proposed scope of services is satisfactory, please sign a copy of this letter in the space provided, and return it to us. If you have any questions about the scope of services, please contact Julia Macejkovic (Project Manager) at 952-832-2693 or jmacejkovic@barr.com or Sarah Stratton (952-832-2860, sstratton@barr.com). Sincerely yours, BARR ENGINEERING CO. Sarah Stratton Its Vice President Accepted this ____________ day of ___________________, 20____ City of Edina By kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 July 23, 2020 Mr. Chad Millner Director of Engineering City of Edina 7450 Metro Boulevard Edina, MN 55439 RE: City of Edina – Grandview TIF District Improvements at Jerry’s Ramp Supplemental Agreement to Master Agreement for Professional Engineering Services Dear Mr. Millner: Kimley-Horn is pleased to submit this Supplemental Agreement for planning and design services in the Grandview TIF District related to the parking ramp owned by the City of Edina (City) located at 5106 Brookside Avenue (Jerry’s Ramp). The work will be performed in accordance with Kimley- Horn’s Master Services Agreement with the City. Project Understanding The City is updating the Grandview TIF District capital improvement plan. The City has requested Kimley-Horn study and / or design the following elements of the plan: · Lighting upgrades and new CCTV camera system for Jerry’s Ramp · New wayfinding signage for Jerry’s Ramp including lighted monument signs on Vernon Ave and “public parking” banner signs at the two parking entrances to Jerry’s Ramp · New vehicle vertical circulation ramp between the two parking levels of Jerry’s Ramp. Jerry’s Ramp is a three level structure, with parking on the top two levels. A service level dedicated to water distribution is on the bottom level, which has separate access from Brookside Ave. Vertical circulation is not needed to the bottom level. · New pedestrian overpass of the railroad to connect to future development on old public works site The City will assemble the Grandview TIF District capital improvement plan using this information, along with other work being performed by the City or their consultants. Page 2 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Scope of Services Kimley-Horn will provide the services specifically set forth below. Task 1: Study and Design of Lighting Upgrades and Design of New CCTV Camera System · Concept Development o Determine operational characteristics of desired lighting system. At a minimum it is assumed lighting should be motion sensing and to rest in a specified low luminosity mode, until movement is detected, then increase luminosity for a period of time after motion is detected. o Determine to what degree existing lighting conduit embedded in the parking ramp can be reused for lighting system. We assume more light fixtures will be required than exist in the ramp and that additional surface mounted conduit will be required. o City will provide camera locations and camera models to be used and will be responsible for security design. CCTV camera system will require a separate conduit system that will be surface mounted. · Design o Perform a photometric analysis of the parking levels of the parking ramp. o Design lighting system. Assumes no lighting improvements on the service level of the structure. o Prepare construction documents for the CCTV camera system, based on City provided security design. Assumes City fiber or City wireless network is available within the parking ramp footprint for the camera system to connect to. Assumes there is a location in the service level for the network switches and network adapters to be housed in a conditioned space. o Design electrical system to support lighting at the two proposed parking monuments on Vernon Ave. See Task 2. · Deliverables o Preliminary opinion of probable costs. o 90% design review documents and opinion of probable costs. o 100% design documents for bidding. Task 2: Study and Design of Wayfinding Signs and Entry Banners · Concept Development o One (1) site visit of existing ramp and adjacent site to identify locations and sign types. Three wayfinding sign types are assumed in this scope; entry monument signs along Vernon Ave, entry/exit static signs at parking ramp vehicular portals, and internal pedestrian scale signage within the parking ramp. o Prepare up to two (2) concept designs for the three wayfinding sign types for review by City. Concepts will include style, material, form, and size of signs. Assumes entry monument signs will be externally lit. See Task 1. Page 3 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 o Prepare one (1) plan diagram for sign location by type. City to provide existing site base map / survey. Assumes no topographic survey by Kimley-Horn. o Evaluate entry monument signs location and size considering city code, existing site limitations, streetscape elements, etc. Evaluate roadway restrictions and setbacks for sign placement along Vernon Avenue and Gus Young Lane. Assumes one entry monument sign design will be selected for installation at three (3) locations; Jerry’s Hardware driveway / Vernon Ave, Gus Young Ln / Vernon Ave intersection and Edina Liquor Store service driveway / Gus Young Ln. o Prepare preliminary opinion of probable cost for each concept. · Design o Advance preferred wayfinding concept for each sign type. Finalize location and quantity of signs for each type. o Prepare final wayfinding sign plans and details for construction. Assumes limited adjustments to existing landscape and streetscape along Vernon Avenue. o Prepare technical specifications for construction of wayfinding signs and lighting. · Deliverables o Photo inventory of proposed sign locations. o Concept wayfinding sign sketches and/or precedent imagery. o Plan diagram indicating sign locations. o 90% design review documents and opinion of probable costs. o 100% design documents for bidding. Task 3: Study of New Vehicle Vertical Circulation in Jerry’s Ramp · Concept Development o Develop two (2) options for new vehicle vertical circulation between the two parking levels. Option 1 is ramp within the existing footprint of the parking structure. Option 2 is a ramp external to the parking structure, over the service alley on the south side of the ramp. o Perform preliminary structural engineering services, as needed, to evaluate conceptual feasibility. Assumes geotechnical information for existing Jerry’s Ramp will be adequate for this analysis. o Develop order of magnitude opinion of probable cost for two options. · Deliverables o Concept sketches for the two vertical circulation options. o Opinion of probable construction costs. Task 4: Study of New Pedestrian Overpass of Railroad to Old Public Works Site · Precedent Study o Gather photos and drawings of up to three (3) existing railroad pedestrian overpasses. o Summarize typical railroad requirements for horizontal and vertical clearances for adjacent infrastructure projects. Page 4 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 o Provide structural input on location for west end of pedestrian overpass to connect to Jerry’s Ramp. Assumes east end of pedestrian overpass would connect to a future multi- story development on the old public works site. Assumes geotechnical information for existing Jerry’s Ramp will be adequate for this analysis. o Develop order of magnitude opinion of probable construction costs for a pedestrian overpass of the railroad. · Deliverables o Precedent imagery. o Summary of railroad requirements for horizontal and vertical clearances. o Opinion of probable construction costs. Task 5: Project Development and Stakeholder Meetings · Meetings o Kickoff meeting with City to confirm assumptions and available information for each task. Kickoff meeting would include a visit to the site. o Three (3) stakeholder meetings with Jerry’s Hardware to provide information about the project, seek input and review proposed and future improvements to Jerry’s Ramp. o One (1) progress meeting with City to discuss concept development for each task. o One (1) progress meeting with City to discuss 90% design for Task 1 – 2 and study report for Task 1 - 4. o One (1) progress meeting with City to discuss 100% design for Task 1 – 2. o Assumes up to three (3) Kimley-Horn staff at kickoff meeting and progress meetings and up to two (2) Kimley-Horn staff at stakeholder meetings. · Deliverables o Meeting agendas and meeting summaries. Task 6: Study Report · Deliverables o We will complete a report summarizing the studies completed in Task 1 – 4 and the stakeholder input from Task 5. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: · Topographic surveying · Geotechnical services · Repair plans addressing 2019 Jerry’s Ramp inspections Page 5 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 · Architectural services · Bid phase services · Construction administration · Design of preferred vertical circulation option or pedestrian overpass Schedule We will provide our services as expeditiously as practicable with the goal of completing the work within 4 months of notice to proceed. Fee and Billing Kimley-Horn will perform the services in Tasks 1 - 6 on a labor fee plus expense basis with the maximum total fee shown below. Task 1: Study and Design of Lighting Upgrades and New CCTV Camera System $ 25,000 Task 2: Study and Design of Wayfinding Signs and Entry Banners $ 29,000 Task 3: Study of New Vehicle Vertical Circulation in Jerry’s Ramp $ 15,000 Task 4: Study of New Pedestrian Overpass of Railroad to Old Public Works Site $ 9,000 Task 5: Project Development and Stakeholder Meetings $ 12,000 Task 6: Study Report $ 8,000 Total Fee (Labor Plus Expense) $ 98,000 Kimley-Horn will not exceed the total fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then-current rates. A percentage of labor fee will be added to each invoice to cover certain expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Fees will be invoiced monthly based. Payment will be due within 25 days of the date of the invoice. In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions of the Master Agreement for Professional Engineering Service between the City and Kimley Horn and Associates, Inc. dated August 16, 2013. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Supplemental Agreement in the spaces provided below, retain one copy, and return the other to us. We appreciate this opportunity to continue our services to the City of Edina. Please contact me at 651-643-0451 if you have any questions. Page 6 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Daniel J. Coyle, P.E. Project Manager / Vice President Agreed to this day of , 2020. CITY OF EDINA BY:________________________________ Chad Millner. Engineering Director Date: July 30, 2020 Agenda Item #: VII.A. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Stephanie Hawkinson, Affordable Housing Development Manager Item Activity: Subject:Recommendation Pertaining to Amundson Avenue TIF District Increment Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Recommendation regarding the use of Amundson Avenue TIF increment. INTRODUCTION: On December 12, 2019 the City Council approved the creation of the Aumundson Avenue TIF District. This was a required action in order to use Southdale 2 "Special Legislation" pooling for the acquisition of 7075-7079 Amundson Avenue. The proposed affordable housing development does not require the captured increment to complete the construction of the apartment. Therefore the HRA can decide to either: 1. Decertify the District early (after the development is completed); or 2. Capture the increment to fund future affordable housing developments. Staff recommends Option 2. ATTACHMENTS: Description Staff Report Amundson Avenue TIF Plan July 30, 2020 Chair & Commissioners of the Edina Housing and Redevelopment Authority Stephanie Hawkinson, Affordable Housing Development Manager Recommendation Pertaining to Amundson Avenue TIF District Increment Information / Background: One December 12, 2019 the City Council approved Resolution No. 209-116 Establishing the Amundson Avenue Tax Increment Financing District and Adopting a Modification to the Tax Increment Financing Plan for the Southdale 2 Tax Increment Financing District. This was a required action to use Southdale 2 “Special Legislation” pooled funds to acquire 7075-7079 Amundson Avenue for the facilitation of an affordable housing development called Amundson Flats. In December, as with today, it was not anticipated that Amundson Flats would require use of the generated increment. It was decided at that time to table the decision of what to do with the increment. Today there are two main options before you for discussion and guidance: 1. Decertify the District early (after the development is completed); or 2. Capture the increment to fund future affordable housing developments. The potential financing tools available to the HRA for future affordable housing projects are as follows: • Southdale 2 TIF pooled funds • The Affordable Housing Trust Fund; • Future appropriations from the city; • Future HRA levies (would need to be increased); and • Establish a new TIF District • Option 2 above creates another source of funding: existing Housing TIF Districts can pool up to 100% of their increment to support offsite affordable housing in Edina as long as the projects meet the same affordablility qualifications. STAFF REPORT Page 2 There are various possibilities for how the pooled increment could be used: Budget: For an example of the potential funding available, Ehler’s anticipates that the Amundson increment balance will be approximately $317,000 after 5 years and $650,000 at ten years. The estimated cash flow for the Amundson Avenue District is calculated in Appendix C of the attached TIF Plan. Staff Recommendation: Staff recommends retaining the use of increment from the Amundson District to use it for project related expenses, such as the bike path, and the remainder to help facilitate additional affordable housing development. Use of Aumundson Avenue Increment Comments Use increment to reimburse the HRA for all or a portion of its $1.3MM site acquisition cost that was written down for Amundson Flats. Southdale 2 “Special Legislation” pooled funds were used for the acquisition. The reimbursed funds would still be subject to the December 31, 2021 sunsetting of the special legislation. Provide financing for the path or other site improvements for the Amundson project that are not yet funded. The path would not require all of the potential increment. The district could fund what is necessary for the path and then be decertified early, or the remaining increment could be pooled. Provide a resource to help fund other future affordable housing projects. Use Amundson increment to supplement payments being made on obligations from another Housing TIF Districts to help pay down balances faster. Existing obligations of 66 West or future Housing TIF District obligations from West 76th Street, 72nd and France or a new Housing TIF District. MODIFICATION TO THE DEVELOPMENT PROGRAM Southeast Edina Redevelopment Project Area - AND - TAX INCREMENT FINANCING PLAN Amundson Avenue Tax Increment Financing District (a housing district) Edina Housing and Redevelopment Authority City of Edina, Hennepin County, Minnesota Public Hearing: December 17, 2019 Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 2 Table of Contents Section 1: Modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area .................................................................................................................................. 3 Foreword ................................................................................................................................... 3 Municipal Action Taken ............................................................................................................. 3 Section 2: Tax Increment Financing Plan for the Amundson Avenue Tax Increment Financing District ........................................................................................................................................... 5 Foreword ................................................................................................................................... 5 Statutory Authority .................................................................................................................... 5 Statement of Objectives ............................................................................................................ 5 Redevelopment Plan Overview ................................................................................................. 5 Description of Property in the District and Property to be Acquired .......................................... 6 Classification of the District ....................................................................................................... 6 Duration and First Year of Tax Increment of the District ........................................................... 7 Original Net Tax Capacity, Tax Rate, Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ....................................................................... 7 Sources of Revenue/Bonds to be Issued .................................................................................. 8 Uses of Funds ........................................................................................................................... 9 Estimated Impact on Other Taxing Jurisdictions ..................................................................... 10 Supporting Documentation ..................................................................................................... 12 Administration of the District ................................................................................................... 12 Appendix A: Map of Southeast Edina Redevelopment Project Area and the TIF District ...... 13 Appendix B: Project Description ............................................................................................ 14 Appendix C: Estimated Cash Flow for the District ................................................................. 15 Appendix D: Findings Including But/For Qualifications .......................................................... 16 Appendix E: Special TIF Housing Legislation ........................................................................ 18 Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 3 Section 1: Modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area Foreword The following text represents a Modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Southeast Edina Redevelopment Project Area. Generally, the substantive changes include the establishment of the Amundson Avenue Tax Increment Financing District. Municipal Action Taken Based upon the statutory authority described in the Redevelopment Plan, the public purpose findings by the City Council and for the purpose of fulfilling the City’s development objects as set forth in the Redevelopment Plan, the City Council has created, established and designated the Southeast Edina Redevelopment Plan pursuant to and in accordance with the requirements of Minnesota Statutes, Section 469.001 to 469.047. The original and amended Southeast Edina Redevelopment Plan documents designated the Southeast Edina Redevelopment Plan as a redevelopment project and also a tax increment financing plan for tax increment districts created prior to 1988. The Centennial Lakes Tax Increment Financing District was created in 1988 pursuant to Tax Increment Financing Plan 88- 1, which was subsequently renamed the Centennial Lakes Tax Increment District and referred to by Hennepin County as District #1203 and #1249. For purposes of clarification, this modification will refer to the Southeast Edina Redevelopment Plan as the Southeast Edina Redevelopment Project Area Plan pursuant to Minnesota Statutes 469.002. The following municipal action has been taken with regard to the Southeast Edina Redevelopment Project Area Plan: September 29, 1977: The Housing and Redevelopment Authority of Edina (the “HRA”) approved the Southeast Edina Redevelopment Project Area Plan. October 5, 1981: The Southeast Edina Redevelopment Project Area Plan was amended to identify project costs and bonded indebtedness incurred to finance those costs. May 6, 1985: The HRA and the City approved an amendment to the Southeast Edina Redevelopment Project Area Plan which establishes an interest reduction program and enlarges the project area to include the “1985 Project Area.” August 19, 1985: The HRA and the City approved the First Amendment to the 1985 Amendment to the Southeast Edina Redevelopment Project Area Plan to enlarge the 1985 Project Area and authorize the issuance of additional bonds to acquire land within the enlarged 1985 Project Area. 1987: The HRA and City approved the 1987 Amendments to the Southeast Edina Redevelopment Plan to enlarge the project area to include the 1987 Project Area. Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 4 1988: The HRA and City approved the 1988 Amendments to the Southeast Edina Redevelopment Plan to provide an Interest Reduction Program in the amount of $2,500,000 to assist in the financing and construction of housing units and authorize the HRA and City to incur additional bonded indebtedness. February 21, 2012: The HRA and City expand the Southeast Edina Project Area. April 17, 2012: The HRA and City establish the Southdale 2 Tax Increment Financing District. February 18, 2014: The HRA and City establish the Pentagon Park Tax Increment Financing District. March 2, 2016: The HRA and City establish the Grandview 2 Tax Increment Financing District. April 5, 2016: The HRA and City modify the Tax Increment Financing Plan for the Southdale 2 Tax Increment Financing District and establish the 66 West Tax Increment Financing District. June 20, 2017: The HRA and City establish the 50th and France 2 Tax Increment Financing District. October 16, 2018: The HRA and City establish the 44th and France 2 Tax Increment Financing District. November 20, 2018: The HRA and City modify the Tax Increment Financing Plan for the Southdale 2 Tax Increment Financing District to increase the TIF Budget and enable special legislative pooling authority for affordable housing. The HRA and City also establish the West 76th Street Tax Increment Financing District. March 19, 2019: The HRA and City establish the 72nd and France Tax Increment Financing District. (As Modified December 17, 2019) December 17, 2019: The HRA and City modify the Tax Increment Financing Plan for the Southdale 2 Tax Increment Financing District to designate additional property to be acquired and establish the Amundson Avenue Tax Increment Financing District. For further information, a review of the Redevelopment Plan for the Southeast Edina Redevelopment Project Area is recommended. It is available from the HRA Executive Director at the City of Edina. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within the Southeast Edina Redevelopment Project Area. Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 5 Section 2: Tax Increment Financing Plan for the Amundson Avenue Tax Increment Financing District Foreword The Edina Housing and Redevelopment Authority (the "HRA"), the City of Edina (the "City"), staff and consultants have prepared the following information to establish the Amundson Avenue Tax Increment Financing District (the "District"), a housing tax increment financing district, located in Southeast Edina Redevelopment Project Area. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 - 469.047, inclusive, as amended (the “HRA Act”), M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), and Minnesota Session Laws 2014, Chapter 308, Article 6, Section 8, inclusive, as amended (the “Special TIF Housing Legislation”), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for the Southeast Edina Redevelopment Project Area, originally adopted September 29, 1977, and modified from time to time. Statement of Objectives The District currently consists of two parcels of land and adjacent and internal rights-of-way. The District is being created to facilitate the development of 62-units of new affordable housing in the City. Please see Appendix B for further District information. The HRA anticipates entering into an agreement with MWF Properties, LLC as the developer of the housing at the time of preparation of the TIF Plan. Development is anticipated to begin in 2020. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Southeast Edina Redevelopment Project Area. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Southeast Edina Redevelopment Project Area and the District. Redevelopment Plan Overview Pursuant to the Redevelopment Plan and authorizing state statutes, the HRA or City is authorized to undertake the following activities in the District: Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 6 1.Property to be Acquired – Selected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2.Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3.Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4.The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Description of Property in the District and Property to be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below: Parcel number Address Owner 08-116-21-11-0009 7075 Amundson Ave Edina Housing Foundation 08-116-21-11-0021 7079 Amundson Ave Edina Housing Foundation Please also see the map in Appendix A for further information on the location of the District. The HRA or City may acquire any parcel within the District including supporting interior and adjacent street, trail or utility rights of way. Any properties identified for acquisition will be acquired only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities, and facilities; and carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this TIF Plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with the TIF Act find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11, M.S., Section 469.1761, and the Special TIF Housing Legislation. In meeting the statutory criteria of the TIF Act, the HRA and City rely on the following facts and findings: The District consists of two parcels. The development will consist of one building consisting of 62-units of multi-family rental housing. No more than 20% of the square footage of the building receiving assistance from tax increment will consist of commercial, retail, or other nonresidential uses. Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 7 In meeting the criteria of the Special TIF Housing Legislation, the HRA and City rely on the following facts and findings: At least 20% of the residential units of the buildings assisted with tax increment will be occupied by households earning annual incomes at 60% or less of area median income. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Duration and First Year of Tax Increment of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to the Special TIF Housing Legislation, the duration of the District will be 20 years after receipt of the first increment by the HRA or City (a total of 21 years of tax increment). The HRA or City elects to receive the first tax increment in 2022, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2042, or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. Original Net Tax Capacity, Tax Rate, Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2019 for taxes payable 2020. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2021) the amount by which the original value has increased or decreased as a result of: 1.Change in tax exempt status of property; 2.Reduction or enlargement of the geographic boundaries of the district; 3.Change due to adjustments, negotiated or court-ordered abatements; 4.Change in the use of the property and classification; 5.Change in state law governing class rates; or 6.Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2020, assuming the request for certification is made before June 30, 2020. The ONTC and the Original Local Tax Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 8 Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Southeast Edina Redevelopment Project Area, upon completion of the project within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2022. The Project Tax Capacity (PTC) listed is an estimate of values when the project within the District is completed. Project Tax Capacity Estimated Project Tax Capacity (PTC) $87,000 Estimated Original Net Tax Capacity (ONTC) $8,212 Fiscal Disparities $0 Estimated Captured Tax Capacity (CTC $78,788 Original Local Tax Rate 109.6630% Pay 2019 Estimated Annual Tax Increment (CTC x Rate) $86,401 Percent Retained by the HRA 100% Note: Estimated PTC includes a 1% inflation factor for the duration of the District and is the estimated tax capacity of the District in year 21. The tax capacity of the District in year one is estimated to be $71,300. Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the ONTC of the District by the net tax capacity of improvements for which a building permit was issued. The City is reviewing the area to be included in the District to determine if any building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. Sources of Revenue/Bonds to be Issued The total estimated tax increment revenues for the District are calculated in Appendix B and are summarized in the table below: The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness to achieve the objectives of the TIF Plan. The HRA or City may issue bonds (as defined in the TIF SOURCES OF REVENUE Tax Increment 1,622,095 Interest 81,105 TOTAL 1,703,200 Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 9 Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $1,153,434. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Further information can be found in Appendix B. As currently proposed, the project within the District will be financed, in part, by pay-as-you-go notes and/or interfund loans to reimburse the Developer or HRA for the funding of qualified affordable housing costs. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. Uses of Funds Currently under consideration for the District is a proposal to facilitate the development of the property and construction of 62-units of new affordable housing. The HRA and City have determined that it will be necessary to provide assistance to the project for certain District costs, as described. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table below. These estimates establish the maximum amount permitted to be expended, but the City/HRA is not obligated to expend the full amount. The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S. Section 469.1763, Subd. 2, the HRA may expend funds for qualified housing activities outside of the District boundaries. USES OF FUNDS Affordable Housing 991,224 Administrative Costs (up to 10%)162,210 PROJECT COSTS TOTAL 1,153,434 Interest 549,767 PROJECT AND INTEREST COSTS TOTAL 1,703,200 Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 10 Fiscal Disparities Election Pursuant to M.S., Section 469.177, Subd. 3, the HRA or City may elect one of two methods to calculate the fiscal disparities contribution of commercial-industrial net tax capacity from the District. The HRA will choose to calculate fiscal disparities by M.S., Section 469.177, Subd. 3, Clause b (inside the District). Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HRA or City has determined that such development or redevelopment would not occur "but for" tax increment financing and therefore the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: The estimates listed above display the Captured Tax Capacity when all construction anticipated for the project is completed. The tax rate used for calculations is the Pay 2019 rate as obtained from Hennepin County. The total net capacity for the entities listed above are based on Pay 2019 figures provided by Hennepin County. The District will be certified under the Pay 2020 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1)Estimate of total tax increment. It is estimated that the total amount of tax increment Entity 2018/Pay 2019 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) upon completion Percent of CTC to Entity Total Hennepin County 2,164,185,106 78,788 0.0036% City of Edina 151,279,391 78,788 0.0521% ISD # 273 121,270,345 78,788 0.0650% Impact on Tax Base if "But/For" Not Met Entity Pay 2019 Extension Rate Percent of Total Rate CTC Potential Annual Taxes Hennepin County 41.8610% 38.17% 78,788 32,981 City of Edina 27.4990% 25.08% 78,788 21,666 ISD # 273 30.5890% 27.89% 78,788 24,100 Other 9.7140% 8.86%78,788 7,653 Total 109.6630% 100.00%86,401 Impact on Tax Rates if "But/For" Not Met Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 11 that will be generated over the life of the District is $1,622,095; (2)Probable impact of the District on city provided services and ability to issue debt. An impact of the District on the police department is expected but is not anticipated to be significant nor impact police protection services. With any addition of new residents or businesses, police calls for service will be increased. New developments add an increase in traffic and additional overall demands to the call load. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. Based upon input from the Edina Fire Department, the probable impact of the District on fire protection is not expected to be significant. The City anticipates an additional 4- 6 responses per year mostly due to EMS calls. Typically, new buildings generate few calls, if any, and are of superior construction meeting life safety building and fire codes representing improvement over the existing conditions. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. Based upon input from the Edina Engineering Department, the impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements requiring new infrastructure in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans, there are no anticipated increases in city operating costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District is expected to contribute an estimated $1,500 per unit in sanitary sewer (SAC) and $2,450 per unit in water (WAC) connection fees. It is not anticipated that there will be any general obligation debt issued in relation to this District and therefore no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. M.S. Section 469.175 Subd. 2(b) requires the TIF Plan to calculate “the estimated amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district’s share of the total local tax rate for a taxing jurisdiction remained the same.” It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $452,461. The amount is calculated by multiplying the total estimated increment of $1,622,095 by the percent of the proportionate share of the total tax rate of 27.89%; (4)Estimated amount of tax increment attributable to county levies. M.S. Section 469.175 Subd. 2(b) requires the TIF Plan to calculate “the estimated amount of tax increments over the life of the District that would be attributable to county levies, assuming the county’s share of the total local tax rate for a taxing jurisdiction remained the same.” It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $619,193. The amount is calculated by multiplying the total estimated increment of $1,622,095 by the percent of the proportionate share of the total tax rate of 38.17%;   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 12  (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impacts on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. [At this time, no requests for additional information from the county or school district regarding the proposed development for the District have been received.] Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (1) In making said determination, reliance has been placed upon (1) written representation made by the developer to such effects, (2) review of the developer’s proforma; and (3) City staff awareness of the feasibility of developing the project site within the District, which is further outlined in the City Council resolution approving the establishment of the TIF District and Appendix C. Administration of the District Administration of the District will be handled by the HRA Executive Director.   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 13  Appendix A: Map of Southeast Edina Redevelopment Project Area and the TIF District æ ¹» æ æ æ¹»æ æ ¹º¹º ¹º ñ ñ ¹»æ æ æ ¹º ¹º æ ¹º æ æ ¹º ¹º æ æ ¹º ñ ¹» æ æ ñ æ æ æ ñ ñ ñTRACY AVEVERNON AVEWOODDALE AVEHANSEN RD70TH ST W FRANCE AVE SAmundson Ave VALLEYVIEWRDMINNESOTA DRGLEASONRDEdinaCommunityCenter CalvinChristianSchool GoldenYearsMontessoriEdinaMorningsideChurch CityHall EdinaCovenant CalvaryChurch St Stephen'sEpiscopal ColonyParkBaptist St Peter's LutheranChurch & School EdinaCommunityLutheran Church SouthviewJr High NormandaleElementary ConcordSchool CorneliaSchool SouthdaleLibrary FireStation ChristPresbyerianChurch Public Works &Park Maintenance St Patrick'sCatholic CalvaryLutheran Creek ValleySchool FireStation St. Alban'sEpiscopal Valley ViewJr High EdinaHighSchool CrossviewLutheran CreekValleyBaptist ColonialChurch Chapel HillsCongregational CountrysideSchool GoodSamaritanMethodist HighlandSchool Shephard ofthe HillsLutheran PublicLibrary Our Lady ofGrace Church& School NormandaleLutheran M in nehahaCreek NineMileCreek Nine MileCreek Canadian Pacific RailroadCanadian Pacific RailroadBLAKE RDSCHAEFER RDVERNON AVECAHILL RD66TH ST W YORK AVE SINTERLACHEN BLVD MALONEY AVE 44TH ST W 50TH ST W 54TH ST W 58TH ST W 70TH ST W 76TH ST W DEWEY HILL RD VALLEY VIEW R D VALLEY VIEW RD 78TH ST W I-494 HWY 100HWY 169HWY 169HWY 100HWY 62 HWY 62 October 2019 ±LegendProposed Amundson TIF Boundary Southeast Edina Redevelopment Project Area 0 2,000Feet Amundson TIF District located within the Southeast Edina Redevelopment Project Area City of Edina, MN Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 14 Appendix B: Project Description MWF Properties, LLC, a developer specializing in multifamily workforce housing in the Midwest of the United States, is proposing to sponsor the development of approximately 62 affordable housing units within the city. The development, intended to be named the Amundson Flats, will be located at 7075 Amundson Avenue and is intended to fulfill a portion of the City’s identified goal to provide affordable housing options for those who live and work within the City. MWF Properties, LLC intends to develop the housing on a 1.25-acre property formerly occupied by the one-story Waldorf-Nevens dry cleaning business. The developer’s plans are aligned with the 70th and Cahill Small Area Plan. The developer will demolish the existing building and clean up the site for redevelopment into a four-story, 50,000 square foot mixed-income multifamily residential building complete with underground and surface parking as well as 1,500 square feet of community and management space. The site is also envisioned to include first floor patios and pedestrian/trail accessibility. The proposed unit mix includes 8 one-bedroom, 23 two-bedroom, and 31 three-bedroom units, all which will be restricted to households earning at or below 70% of the Area Median Income (AMI). The developer further intends to restrict occupancy and rents across the 30% AMI, 50% AMI, and 60% AMI household income thresholds. The developer has applied for an allocation of federal low-income housing tax credits from the Minnesota Housing Finance Agency (MHFA) as well as secured supportive housing subsidies. To supplement the MHFA application, the Edina Housing Foundation and Edina Housing and Redevelopment Authority are proposing to partner in writing down $700,000 in acquisition costs to assist the affordable housing development. Net of HRA funds, the estimated cost of the development is $16.4 million. Pending award of the tax credits, construction is expected to begin by 2020 with completion and planned occupancy in 2021. Tax Increment from this TIF District as well as the Southdale 2 TIF District will be utilized to write down a portion of the cost of acquisition and provide financing for affordable housing in the City.   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 15  Appendix C: Estimated Cash Flow for the District 10/31/2019 Base Value Assumptions - Page 1 Amundson Flats City of Edina 62-unit Affordable Housing ASSUMPTIONS AND RATES DistrictType:Housing District Name/Number:Amundson AvenueCounty District #:TBD Exempt Class Rate (Exempt)0.00% First Year Construction or Inflation on Value 2020 Commercial Industrial Preferred Class Rate (C/I Pref.) Existing District - Specify No. Years Remaining 20 First $150,000 1.50% Inflation Rate - Every Year:1.00%Over $150,000 2.00% Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-20 Rental Housing Class Rate (Rental)1.25% First Period Ending 1-Feb-21 Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2020 First $150,000 0.75% Cashflow Assumes First Tax Increment For Development:2022 Over $150,000 0.25%Years of Tax Increment 21 Non-Homestead Residential (Non-H Res. 1 Unit) Assumes Last Year of Tax Increment 2042 First $500,000 1.00% Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.) Fiscal Disparities Contribution Ratio 33.3863%Pay 2019 First $500,000 1.00%Fiscal Disparities Metro-Wide Tax Rate 143.9920%Pay 2019 Over $500,000 1.25% Maximum/Frozen Local Tax Rate: 109.663%Pay 2019 Agricultural Non-Homestead 1.00%Current Local Tax Rate: (Use lesser of Current or Max.)109.663%Pay 2019 State-wide Tax Rate (Comm./Ind. only used for total taxes)42.4160%Pay 2019 Market Value Tax Rate (Used for total taxes)0.21038%Pay 2019 Building Total Percentage Tax Year Property Current Class After Land Market Market Of Value Used Original Original Tax Original After Conversion Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. 1 08-116-21-11-0009 Edina Hsg Fnd 7075 Amundson Ave 883,900 1,000 884,900 100%884,900 Pay 2020 C/I Pref.16,948 Aff. Rental 6,637 1 2 08-116-21-11-0021 Edina Hsg Fnd 7079 Amundson Ave 210,000 0 210,000 100%210,000 Pay 2020 Exempt - Aff. Rental 1,575 1 1,093,900 1,000 1,094,900 1,094,900 16,948 8,212 Note: 1. Base values are for pay 2020 based upon review of County website on 10.15.2019. 2. Located in SD # 273 and WS #1. Tax Rates BASE VALUE INFORMATION (Original Tax Capacity) Area/ Phase Prepared by Ehlers & Associates, Inc. - Estimates Only 10/31/2019 Base Value Assumptions - Page 2 Amundson Flats City of Edina62-unit Affordable Housing Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2020 2021 2022 2023 Payable 1 Apartments 160,000 160,000 62 9,920,000 Aff. Rental 71,300 1,150 100%100%100%100%2022TOTAL9,920,000 71,300 Note: 1. Market values are based upon preliminary estimates provided by the City Assessor's office on 10.17.2019. Total Fiscal Local Local Fiscal State-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit Apartments 71,300 0 71,300 78,190 0 0 20,870 99,059 1,597.73TOTAL71,300 0 71,300 78,190 0 0 20,870 99,059 Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted. Total Property Taxes 99,059less State-wide Taxes 0 less Fiscal Disp. Adj.0less Market Value Taxes (20,870) less Base Value Taxes (9,005)Annual Gross TIF 69,184 WHAT IS EXCLUDED FROM TIF? TAX CALCULATIONS PROJECT INFORMATION (Project Tax Capacity) Prepared by Ehlers & Associates, Inc. - Estimates Only 10/31/2019 Tax Increment Cashflow - Page 3 Amundson Flats City of Edina 62-unit Affordable Housing TAX INCREMENT CASH FLOW Project Original Fiscal Captured Local Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD % of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36%10%Increment Value Yrs.Year Date - - - - 02/01/21 - - - - 08/01/21 - - - - 02/01/22 100%71,300 (8,212) - 63,088 109.663%69,184 34,592 (125) (3,447) 31,021 28,659 0.5 2022 08/01/22 100%71,300 (8,212) - 63,088 109.663%69,184 34,592 (125) (3,447) 31,021 56,755 1 2022 02/01/23 100%72,013 (8,212) - 63,801 109.663%69,966 34,983 (126) (3,486) 31,372 84,612 1.5 2023 08/01/23 100%72,013 (8,212) - 63,801 109.663%69,966 34,983 (126) (3,486) 31,372 111,923 2 2023 02/01/24 100%72,733 (8,212) - 64,521 109.663%70,756 35,378 (127) (3,525) 31,726 139,000 2.5 2024 08/01/24 100%72,733 (8,212) - 64,521 109.663%70,756 35,378 (127) (3,525) 31,726 165,547 3 2024 02/01/25 100%73,460 (8,212) - 65,249 109.663%71,554 35,777 (129) (3,565) 32,083 191,866 3.5 2025 08/01/25 100%73,460 (8,212) - 65,249 109.663%71,554 35,777 (129) (3,565) 32,083 217,670 4 2025 02/01/26 100%74,195 (8,212) - 65,983 109.663%72,359 36,180 (130) (3,605) 32,444 243,252 4.5 2026 08/01/26100%74,195 (8,212) - 65,983 109.663%72,359 36,180 (130) (3,605) 32,444 268,333 5 2026 02/01/27 100%74,937 (8,212) - 66,725 109.663%73,173 36,586 (132) (3,645) 32,809 293,198 5.5 2027 08/01/27100%74,937 (8,212) - 66,725 109.663%73,173 36,586 (132) (3,645) 32,809 317,576 6 2027 02/01/28 100%75,686 (8,212) - 67,475 109.663%73,995 36,997 (133) (3,686) 33,178 341,744 6.5 2028 08/01/28 100%75,686 (8,212) - 67,475 109.663%73,995 36,997 (133) (3,686) 33,178 365,438 7 2028 02/01/29 100%76,443 (8,212) - 68,232 109.663%74,825 37,412 (135) (3,728) 33,550 388,929 7.5 2029 08/01/29 100%76,443 (8,212) - 68,232 109.663%74,825 37,412 (135) (3,728) 33,550 411,958 8 2029 02/01/30 100%77,208 (8,212) - 68,996 109.663%75,663 37,832 (136) (3,770) 33,926 434,789 8.5 2030 08/01/30 100%77,208 (8,212) - 68,996 109.663%75,663 37,832 (136) (3,770) 33,926 457,173 9 2030 02/01/31 100%77,980 (8,212) - 69,768 109.663%76,510 38,255 (138) (3,812) 34,305 479,363 9.5 2031 08/01/31 100%77,980 (8,212) - 69,768 109.663%76,510 38,255 (138) (3,812) 34,305 501,118 10 2031 02/01/32 100%78,760 (8,212) - 70,548 109.663%77,365 38,682 (139) (3,854) 34,689 522,685 10.5 2032 08/01/32 100%78,760 (8,212) - 70,548 109.663%77,365 38,682 (139) (3,854) 34,689 543,829 11 2032 02/01/33 100%79,547 (8,212) - 71,335 109.663%78,229 39,114 (141) (3,897) 35,076 564,789 11.5 2033 08/01/33 100%79,547 (8,212) - 71,335 109.663%78,229 39,114 (141) (3,897) 35,076 585,339 12 2033 02/01/34 100%80,343 (8,212) - 72,131 109.663%79,101 39,550 (142) (3,941) 35,467 605,711 12.5 2034 08/01/34 100%80,343 (8,212) - 72,131 109.663%79,101 39,550 (142) (3,941) 35,467 625,683 13 2034 02/01/35 100%81,146 (8,212) - 72,934 109.663%79,982 39,991 (144) (3,985) 35,862 645,481 13.5 2035 08/01/35 100%81,146 (8,212) - 72,934 109.663%79,982 39,991 (144) (3,985) 35,862 664,891 14 2035 02/01/36 100%81,958 (8,212) - 73,746 109.663%80,872 40,436 (146) (4,029) 36,261 684,133 14.5 2036 08/01/36 100%81,958 (8,212) - 73,746 109.663%80,872 40,436 (146) (4,029) 36,261 702,997 15 2036 02/01/37 100%82,777 (8,212) - 74,565 109.663%81,771 40,885 (147) (4,074) 36,664 721,697 15.5 2037 08/01/37 100%82,777 (8,212) - 74,565 109.663%81,771 40,885 (147) (4,074) 36,664 740,030 16 2037 02/01/38 100%83,605 (8,212) - 75,393 109.663%82,678 41,339 (149) (4,119) 37,071 758,203 16.5 2038 08/01/38 100%83,605 (8,212) - 75,393 109.663%82,678 41,339 (149) (4,119) 37,071 776,020 17 2038 02/01/39 100%84,441 (8,212) - 76,229 109.663%83,595 41,798 (150) (4,165) 37,482 793,681 17.5 2039 08/01/39 100%84,441 (8,212) - 76,229 109.663%83,595 41,798 (150) (4,165) 37,482 810,996 18 2039 02/01/40 100%85,285 (8,212) - 77,074 109.663%84,521 42,261 (152) (4,211) 37,898 828,160 18.5 2040 08/01/40 100%85,285 (8,212) - 77,074 109.663%84,521 42,261 (152) (4,211) 37,898 844,987 19 2040 02/01/41 100%86,138 (8,212) - 77,926 109.663%85,456 42,728 (154) (4,257) 38,317 861,666 19.5 2041 08/01/41 100%86,138 (8,212) - 77,926 109.663%85,456 42,728 (154) (4,257) 38,317 878,019 20 2041 02/01/42 100%87,000 (8,212) - 78,788 109.663%86,401 43,201 (156) (4,305) 38,741 894,228 20.5 2042 08/01/42 100%87,000 (8,212) - 78,788 109.663%86,401 43,201 (156) (4,305) 38,741 910,119 21 2042 02/01/43 Total 1,627,956 (5,861) (162,210) 1,459,886 Present Value From 08/01/2020 Present Value Rate 4.00%1,014,897 (3,654) (101,124) 910,119 Prepared by Ehlers & Associates, Inc. - Estimates Only   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 16  Appendix D: Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for the Amundson Avenue Tax Increment Financing District, as required pursuant to M.S., Section 469.175, Subdivision 3 are as follows: 1. Finding that the Amundson Avenue Tax Increment Financing District is a housing district as defined in M.S., Section 469.174, Subd. 11. The Amundson Avenue Tax Increment Financing District consists of two parcels within the Southeast Edina Redevelopment Project Area. The development will consist of the construction of 62-units of affordable housing in the City, all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761 and Minnesota Session Laws 2014, Chapter 308, Article 6, Section 8, inclusive, as amended. At least 20 percent of the units receiving assistance will have incomes at or below 60 percent of area median income. 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. This finding is supported by the fact that the development proposed in this plan is a housing district that meets the City's objectives for redevelopment and is intended for occupancy by low and moderate-income persons. Due to the high costs of land acquisition and building costs of new housing in the City, this project is feasible only through assistance, in part, from tax increment financing. The developer has provided the city its estimated project budget and financing projections. All of the proposed housing units are intended to be both rent and income restricted, and affordable rental revenues alone are insufficient to make the project economically feasible to provide a sufficient rate of return, pay operating expenses, and service the debt. City staff and the City’s advisors have reviewed the information and determined the project demonstrates the need for tax increment assistance. The necessity of public assistance is true for most affordable housing developments in Minnesota. The affordable project also requires public assistance beyond tax increment. The developer has applied for an allocation of federal low-income housing tax credits from the Minnesota Housing Finance Agency (MHFA). The City and HRA’s assistance is necessary in order to leverage the potential federal subsidy. 3. Finding that the TIF Plan for Amundson Avenue Tax Increment Financing District conforms to the general plan for the development or redevelopment of the municipality as a whole. The City of Edina Planning Commission will review the TIF Plan on November 13, 2019 to provide written opinion whether the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Amundson Avenue Tax Increment Financing District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 17  the development or redevelopment of Southeast Edina Redevelopment Project Area by private enterprise. Through the implementation of the TIF Plan, the City will provide an impetus for residential development which is desirable and necessary for meeting the housing needs of people with a variety of incomes and provide housing alternatives that would otherwise not be available.   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 18  Appendix E: Special TIF Housing Legislation Minnesota Session Laws – 2019, 1st Special Session Chapter 6 – HF No. 5, Article 7 Sec. 3. Laws 2014, chapter 308, article 6, section 8, subdivision 1, as amended by Laws 2017, First Special Session chapter 1, article 6, section 11, is amended to read: Subdivision 1. Authority to create districts. (a) The governing body of the city of Edina or its development authority may establish one or more tax increment financing housing districts in the Southeast Edina Redevelopment Project Area, as the boundaries exist on March 31, 2014. (b) The authority to request certification of districts under this section expires on December 31, 2019 2021. EFFECTIVE DATE. This section is effective the day after the governing body of the city of Edina and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3. Minnesota Session Laws – 2017, 1st Special Session Chapter 1 – HF No. 1, Article 6 Sec. 11. Laws 2014, chapter 308, article 6, section 8, subdivision 1, is amended to read: Subdivision 1. Authority to create districts. (a) The governing body of the city of Edina or its development authority may establish one or more tax increment financing housing districts in the Southeast Edina Redevelopment Project Area, as the boundaries exist on March 31, 2014. (b) The authority to request certification of districts under this section expires on June 30, 2017 December 31, 2019. EFFECTIVE DATE. This section is effective the day after the governing body of the city of Edina and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions 2 and 3. Sec. 16. CITY OF EDINA; APPROVAL OF 2014 SPECIAL LAW. Notwithstanding the provisions of Minnesota Statutes, section 645.021, subdivision 3, the chief clerical officer of the city of Edina may file with the secretary of state certificate of approval of Laws 2014, chapter 308, article 6, section 8, by December 31, 2016, and, if the certificate is so filed and the requirements of Minnesota Statutes, section 645.021, subdivision 3, are otherwise complied with, the special law is deemed approved, and all actions taken by the city before the effective date of this section in reliance on Laws 2014, chapter 308, article 6, section 8, are deemed consistent with Laws 2014, chapter 308, article 6, section 8, and this act. EFFECTIVE DATE. This section is effective the day following final enactment.   Edina Housing and Redevelopment Authority Amundson Avenue Tax Increment Financing District 19  Minnesota Session Laws - 2014, Regular Session Chapter 308--HF No. 3167, Article 6 Sec. 8. CITY OF EDINA; TAX INCREMENT FINANCING. Subdivision 1. Authority to create districts. (a) The governing body of the city of Edina or its development authority may establish one or more tax increment financing housing districts in the Southeast Edina Redevelopment Project Area, as the boundaries exist on March 31, 2014. (b) The authority to request certification of districts under this section expires on June 30, 2017. Subd. 2. Rules governing districts. (a) Housing districts established under this section are subject to the provisions of Minnesota Statutes, sections 469.174 to 469.1794, except as otherwise provided in this subdivision. (b) Notwithstanding the provisions of Minnesota Statutes, section 469.176, subdivision 1b, no increment must be paid to the authority after 20 years after receipt by the authority of the first increment from a district established under this section. (c) Notwithstanding the provisions of Minnesota Statutes, section 469.1761, subdivision 3, for a residential rental project, the city may elect to substitute "20 percent" for "40 percent" in the 40-60 test under section 142(d)(1)(B) of the Internal Revenue Code in determining the applicable income limits. (d) The provisions of Minnesota Statutes, section 469.1761, subdivision 3, apply for a 25- year period beginning on the date of certification of the district. Subd. 3. Pooling authority. The city may elect to treat expenditures of increment from the Southdale 2 district for a housing project of a district established under this section as expenditures qualifying under Minnesota Statutes, section 469.1763, subdivision 2, paragraph (d): (1) without regard to whether the housing meets the requirement of a qualified building under section 42 of the Internal Revenue Code; and (2) may increase by an additional 25 percentage points the permitted amount of expenditures for activities located outside the geographic area of the district permitted under that section. EFFECTIVE DATE. This section is effective upon compliance by the governing body of the city of Edina with the requirements of Minnesota Statutes, section 645.021, subdivisions 2 and 3. Date: July 30, 2020 Agenda Item #: VII.B. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Stephanie Hawkinson, Affordable Housing Development Manager Item Activity: Subject:Approve a Revolving Line of Credit Agreement with West Hennepin Affordable Housing Land Trust Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve revolving line of credit with West Hennepin Affordable Housing Land Trust for the expansion of their Homes Within Reach program in Edina. INTRODUCTION: On June 11, 2020 the HRA authorized Staff to engage an attorney to draft legal documents for a $1,300,000 line of credit loan for the acquisition and rehabilitation of three houses that will be placed into a land trust. Of these funds, approximately $840,000 will be permanently placed with the homes and function as a grant. Please see the attached agreement. ATTACHMENTS: Description Staff Report Line of Credit Agreement Exhibit B July 30, 2020 Chair and Commissioners of the Edina HRA Stephanie Hawkinson, Affordable Housing Development Manager Approve a Revolving Line of Credit Agreement to Expand Land Trust Program Information / Background: On June 11, 2020, the HRA authorized Staff to engage an attorney to draft financing agreements in support of expanding West Hennepin Affordable Housing Land Trust (WHAHLT), dba Homes Within Reach (HWR), profile in Edina. This program is designed to remove funding limitations through the creation of an Edina Revolving Loan program (ERLP). What community needs does this activity address: In today’s market, Edina is confronted with the fact entry-level properties are overpriced for most work-force households who work or live in the City. Increased home values have taken place because of a reduction in supply and increase in demand, while wages have not increased accordingly. HWR program expands homeownership opportunities, retains community wealth, and maximizes use of existing properties. The program also brings younger households into a community. The Land Trust program provides a mechanism to invest in affordable homeownership, which enhances residential stability and the preservation of housing affordability by recycling funds from owner to owner. Additional Information may be found in Exhibit A. Edina Revolving Line of Credit Program Agreement Highlights: 1. Line of Credit Deal Points: • $1,300,000 will be made available in a Line of Credit • 0.0% interest. • 3-year Term. • 3 houses to be acquired, rehabilitated, and placed into a Land Trust. • Approximately $460,000 will be returned to the City with $840,000 remaining with the properties. 2. Roles and Responsibilities: • HWR will select property, prepare a Sources and Uses of funds and submit a draw request. • City Staff will review and approve or deny draw requests. • HWR will select general contractor and oversee rehabilitation work. STAFF REPORT Page 2 • HWR will determine homebuyer eligibility and oversee sale of home. • HWR will place land into a Land Trust. • HWR will return sales proceeds of the house to the Line of Credit. • HWR will indemnify and hold harmless the HRA. Previously Approved Budget Request: $1,300,000 Revolving loan, of which approximately $840,000 will remain in the properties. Interim Sources Uses Affordable Housing Trust Fund $1,300,000 Acquisition $1,020,000 Rehabilitation $ 204,000 Permanents Sources Project Expenses $ 81,000 Affordable Housing Trust Fund $840,000* TOTAL $1,305,000 Home Buyers $465,000 TOTAL $1,305,000 *The amortization of the proposed project of a net contribution of $280,000 per house for a 99-year period is $2,828.28 per year. Affordable Housing Trust Fund Estimated Balance Requests Beginning Balance $4,060,000 Market Street ($750,000) 4d Pilot Program – 2018 -NO TAKERS ($160,000) 4d Pilot Program -2019 ($50,000) Single Family Ownership Programs ($840,000) Ending Balance $2,260,000 1 210953v1 EDINA HOUSING & REDEVELOPMENT AUTHORITY EDINA REVOLVING LINE OF CREDIT PROGRAM AGREEMENT This Edina Line of Credit Program Agreement (the “Agreement”) is entered into on this ______ day of ___________, 2020, by, between and among the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota (hereinafter referred to as the “HRA”) and WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST, DBA HOMES WITHIN REACH, a Minnesota non-profit corporation (hereinafter referred to as the “HWR”). RECITALS WHEREAS, the HRA was established for the purpose of undertaking urban redevelopment projects and assisting with the development of affordable housing; WHEREAS, HWR, a Community Land Trust, is nonprofit organization which aim to provide long-term affordable housing opportunities for lower-income families which creates younger households, retains community wealth, and enhances residential stability; WHEREAS, HRA has supported HWR since 2007 through the allocation of the HRA’s Community Development Block Grant program funds. Since that time, fourteen (14) houses have been placed into a Land Trust to remain affordable for 99 years; and WHEREAS, HRA, in wanting to continue this positive trend, has approved a line of credit program (“Program”) with the HWR to purchase, rehabilitate, and sell three (3) homes in the community to increase affordable housing options; and WHEREAS, the HRA has approved the Revolving Loan Program Summary (the “Program Guidelines”), which are attached hereto as EXHIBIT A and fully incorporated into this Agreement, providing, in part, a summary and background of the Program, Program eligibility requirements, Program terms, a list of Program-eligible improvements, and other Program specific policies and procedures; and WHEREAS, HWR has a template Home Improvement Contract which is attached hereto as EXHIBIT B. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties do hereby agree as follows: 1. LINE OF CREDIT. The Program will provide a line of credit to HWR to acquire, rehabilitate, and sell affordable homes to qualified applicants. The line of credit shall be One Million Three Hundred Thousand and No/100 Dollars ($1,300,000.00). It is understood that the withdrawal of funds will be greater than the funds being returned as the HRA. These funds are to be dispensed as stated herein, for the purposes stated herein. 2 210953v1 1.1. Each draw will be interest-free. 1.2. The maximum of the Line of Credit is $1,300,000. 1.3. The authorized agent of the HRA may approve each draw without HRA approval. 2. PROGRAM OPERATIONS. The following three phases detail the operation of the program, fund distribution, and repayment procedures. This section will take precedence over Exhibit A if any dispute or difference exists. The HRA shall create a payment request form within five (5) business days of this completed Agreement. HWR must only utilize the Program’s funds in accordance with established Community Land Trust Practices as submitted in Exhibit A, attached hereto. 2.1. Purchase. HWR will select a property located in the City of Edina and HWR will extend an offer to purchase the property. If the offer is accepted, HWR will submit a payment request form to the HRA for a distribution of funds from the Program to cover 100% of the purchase price and estimated closing fees. This payment request form must also include the property’s address, legal description, estimated value based upon the most recent Hennepin County tax assessment or appraisal, and approximate scope of rehabilitation work needed. After the payment request form is emailed to the HRA, an authorized agent of the HRA will determine whether the request will be approved or denied within one business day of the receipt of the submission and notify HWR via email. If approved, the HRA will transfer funds to HWR’s bank account at least three business days prior to the closing date. HWR shall instruct the title company in charge of the closing to immediately record all relevant documents against the title to the property on the closing date. HWR will send the HRA final documentation regarding the purchase of the house. 2.2. Rehabilitation. HWR will select a General Contractor and enter into a Home Improvement Contract attached as Exhibit B. This contract establishes the plans and specifications of improvements, repairs, or alterations of the purchased home. HWR will request funds from the Program via the payment request form for rehabilitation and project costs. Project costs will be estimated in the Preliminary Sources of Uses submitted prior to acquisition of the property. This request must include the completed Home Improvement Contract, the scope of work, and specifications with cost estimates. After the written payment request form is delivered to the HRA, an authorized agent of the HRA will transfer the funds in to the HWR bank account within one business day of the receipt of the submission. HWR and the General Contractor shall then commence and complete rehabilitation in accordance with the Home Improvement Contract. HWR must conduct a final inspection and appraisal of the property once the rehabilitation is completed. HWR must submit all necessary permits, approvals, written changes to the Home Improvement Contract, and lien waivers to Edina’s HRA. 2.3. Sale. HWR will then select a qualified applicant, as described below in Section 3.1 as the purchaser of the home. HWR shall inform the HRA of the sale price, sale date, and the buyer’s profile. A critical aspect of keeping these homes affordable is the Ground Lease which allows HWR to continue owning the land the home is on. HWR must execute a Ground Lease with the buyer as a part of the home sale process. Five (5) working days after home sale, HWR must 3 210953v1 deliver 50% of proceeds of that sale to the HRA, to be returned to the Program. After approximately 60-90 days from the sale of the home, when all project costs are paid, any remaining balance is sent to the HRA to be returned to the Program. HWR will make repayments to the Program after the home is sold to a qualified applicant. The HRA will receive the sale price of the house minus the value of the land, rehabilitation costs, and project costs after the sale. HWR shall instruct the title company in charge of the closing to immediately record all relevant documents against the title to the property on the closing date. HWR will send the HRA final documentation regarding the purchase of the house. 3. APPLICANT QUALIFICATIONS. In order for an applicant to be qualified to participate in the Program through the HWR, the applicant and co-applicant: A. must be 21 years of age or older; B. must be a citizen of the United States or a legal resident; C. may not have other liquid assets, excluding retirement accounts, totaling in excess of $25,000.00 net of liabilities or the amount consistent with Section 8 guidelines, whichever is greater; D. must have a total gross income that is at or below 80% of area median income (“AMI”); and E. must not be above a 45% debt ratio. 4. AGREEMENT TERM AND TERMINATION. This Agreement is effective upon execution of the Agreement by the HRA. The Agreement expires three years from the date the Agreement became effective (Termination Date). 4.1. The Agreement may extend if HWR is in the rehabilitation or sale phase of the Program at the time of the Termination Date. The Agreement will then terminate after HWR makes the final repayment to HRA after the closing sale. 4.2. If HWR materially fails to comply with any term of this Agreement, fails to maintain its non-profit corporate status with the I.R.S. or the State of Minnesota, or fails to administer the work in a manner to endanger the performance of this Agreement, the HRA may immediately terminate this Agreement in its entirety. 5. TITLE. The Borrower warrants that all work performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, standards, and specifications. This Agreement does not act as a substitute for any permits or approvals that are otherwise required by the HWR in order to complete any of the terms of this Agreement. 6. MISCELLANEOUS. 6.1. Authorized Representatives. The HRA’s Authorized Representative is: City of Edina Affordable Housing Development Manager 4 210953v1 4801 West 50th Street Edina, Minnesota 55424-1330 The HWR’s Authorized Representative is: West Hennepin Affordable Housing Land Trust dba Homes Within Reach Executive Director 5101 Thimsen Ave #202 Minnetonka, MN 55345 6.2. Assignment. HWR may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the HRA and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.3. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.4. Waiver. If the HRA fails to enforce any provision of this Agreement, that failure does not result in a waiver of the right to enforce the same or another provision of the Agreement in the future. 6.5. Liability and Indemnification. HWR will indemnify, save, and hold the HRA, its agents, and employees, harmless from any claims or causes of action, including attorney’s fees incurred by the HRA arising from the performance of this Agreement by HWR or HWR’s agents or employees. This clause will not be construed to bar any legal remedies HWR may have for the HRA’s failure to fulfill its obligations under this Agreement. HWR shall maintain such books and records as will satisfactorily demonstrate to Federal, State, and HRA’s Auditors that HWR has used the funds in accordance with this Agreement. 6.6. Insurance. HWR agrees that it will, at all times during the term of this Agreement, have and keep in force a general liability insurance policy with coverage in the amount of at least $1,000,000 per occurrence. A copy of HWR’s insurance declaration page, Rider or Endorsement, as applicable, which evidences the existence of this insurance coverage naming the HRA as an additional insured must be provided to the HRA before work under this Agreement is begun. 6.7. Audits. HWR’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the HRA, as appropriate, for a minimum of six (6) years from the end of this Agreement. 6.8. Government Data Practices. HWR and HRA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by HWR under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by HWR under this Agreement. 5 210953v1 The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either HWR or the HRA. If HWR receives a request to release the data referred to in this clause, HWR must immediately notify the HRA. The HRA will give HWR instructions concerning the release of the data to the requesting party before the data is released. 6.9. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. 6.10. Severability. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. 6.11. Authorized Signatories. The parties each represent and warrant to the other that (1) the persons signing this Agreement are authorized signatories for the entities represented, and (2) no further approvals, actions or ratifications are needed for the full enforceability of this Agreement against it; each party indemnifies and holds the other harmless against any breach of the foregoing representation and warranty. 6.12. Entire Agreement. This Agreement, together with the Grant Application, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning the grant funds. 6.13. Headings. The headings appearing at the beginning of the sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. 6.14. Survivability. All covenants, indemnities, guarantees, releases, representations and warranties by any party, and any undischarged obligations of the EDA, the City and Recipient arising prior to the expiration of this Agreement (whether by completion or earlier termination), shall survive such expiration. Dated: , 2020. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA BY: 6 210953v1 James Hovland, Its Chair BY:______________________________________ Scott Neal, Its Executive Director Dated: , 2020. WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST DBA HOMES WITHIN REACH BY: Its 7 210953v1 EXHIBIT A Proposed Program: Revolving Loan Program Summary Purpose: Create and preserve affordable homeownership for work-force families (80% below AMI) Partnership: City of Edina, HRA and West Hennepin Affordable Housing Land dba Homes Within Reach Program Goals: • Preserves homeownership opportunities for low-to-moderate income households • Retains community and homeowner wealth • Enhances residential stability • Preserves long-term housing affordability Applicant Qualifications: • Applicant Criteria Applicant must be 21 years of age or older. • Applicant (and co-applicant) must be a citizen of the United States or a legal resident. • Applicant (and co-applicant) may not have other liquid assets, excluding retirement accounts, totaling in excess of $25,000 net of liabilities or the amount consistent with Section 8 guidelines, whichever is greater. • Total gross income is at or below 80% of area median income. • Applicant cannot be above a 45% debt ratio (back end bank ratio once payoff of debt takes place). Housing Production in creating and preserving a Community Land Trust home. The following is an outline of the three major HWR housing production phrases. Detail as it relates to the outline of general categories follow the chart. The list of tasks does not include detail steps, such as application, credit review and income verification. 8 210953v1 1. Applications Process: 1. Submission of HWR application with required financial attachments. a. Approval for HWR to pull credit report b. HWR orientation (Informational Meeting) and compliance with qualifications and criteria 1. Application Process Application/Credit Reports/Qualifications/Selection Informational Meeting Orientation & Homebuyer Education Interviews and Income verification Meeting with Lender process application Pre-approvals 2. Acquisition Property Search Property Selection Purchase Offer LC Approval Contingency Inspections Determine Scope of Rehab, Finalize Offer, Remove Contingencies Acquire property Inspections - Energy, Radon & PIRA, Finalize Scope of Rehab Rehab Final Inspections 3. Selling/Closing Process Mortgage Application and Approval Selection of Property HWR Resident Committee Interview, Finalize Income Eligibility Execute PA , Home Inspection, Attorney Review Closing - Coordination with Funders, Buyers, Closer CLT Housing Production 9 210953v1 c. Applicant meet with HWR staff to review credit reports and assist in meeting qualifications and finalize income verification to ascertain eligibility and determine work plan to be credit worthy to meet with loan officer d. Attendance of a Home Stretch Class sponsored by Minnesota Homeownership Center is required. This education is to provide basic tools to move through the process and own a home. e. Participation in the interviews and working sessions with HWR staff f. Income verification of eligibility per HOME regulations g. Select lender from HWR approved lenders and process application 2. Attendance by prospective applicant to a HWR Informational Meeting 3. Pre-approval from one of five lending institutions: Alerus Mortgage, Bremer Bank, Mortgages Unlimited, US Bank, and Trustone Home Mortgage. 2. Acquisition & Rehab: 1. Property Search a. Criteria to Real Estate Agent based on annual goals & projections, funding resources, application pool/profile realtor previews b. Inspects multiple properties before selecting one to continue the process i. Initial Inspection - Property Search Criteria ii. Location 1. Neighborhood setting with close proximity to services and transportation 2. Structural integrity and conditions of the home and property c. Key areas of inspection 1. Foundation/Structural Integrity 2. Condition of driveway and garage 3. All wells and private sewage system approved by government authority 4. Water intrusion - condition of yard/slope to home foundation 5. Condition of exterior - siding, soffits, roof, chimney stack (interior and exterior) 6. Mechanical - HVAC system and hot water heater 7. Ventilation in kitchen and all bathrooms 8. Adequately functioning plumbing 9. No hazardous wiring or fixtures i.e. GFIs in kitchen, baths and garage and grounded circuits for all appliances 10. Insulation (attic, foundation, doors & windows) etc. 11. Condition of windows, exterior and interior doors 12. Lead base paint - exterior and interior 10 210953v1 d. Property Selection i. Research Hennepin Property Information ii. Create Preliminary Project Budget to determine if acquisition is feasible iii. Determine affordability gap & funding sources iv. Acquisition Approval from City – location and LC for acquisition. v. Initial Offer: Decision Point e. Purchase Offer of Selected Property (foreclosed properties take additional time) i. Multiple offers in negotiating initial purchase price prior to the contingency period. ii. If Applicable: Counter Offer iii. Offer – Accepted / Not Accepted iv. Execute Purchase Agreement 1. Non-profit Purchase Letter and 2. Seller Acceptance of Voluntary Offer f. Request and Finalize Line of Credit for acquisition i. WHAHLT/HWR submits invoice to City including: 1. Request access to Line of Credit a. Preliminary Sources and Uses b. Purchase Agreement ii. City of Edina approves LC via email to HWR within 24 hours of submission. iii. City of Edina transfer funds to WHAHLT’s bank account three days prior to acquisition closing date. g. Due-Diligence Period – Purchase Agreement Contingency Period i. Includes at least three levels of inspections 1. WHAHLT Contractor 2. House Masters 3. Hennepin County ii. There are multiple inspections after acquisition of the property. 1. Energy Audit 2. Radon Test 3. PIRA 4. Others if deemed necessary h. Determine Rehab/Construction Requirements using the three inspections i. Complete HWR Inspection Form ii. Finalize Offer and Remove Contingencies if appropriate or renegotiate price or release the PA 11 210953v1 iii. Send Purchase Agreement that includes copies of nonprofit purchase letter and seller’s acceptance of voluntary offer along with the Preliminary Sources & Uses, MLS listing and tax statement to the City of Edina. Title commitment and appraisal is submitted at a later date iv. Implement Pre-Closing Action Items v. Pursuant to HWR Property Acquisition Checklist vi. Acquire Property vii. Pursuant to required real estate transaction – law and lending practices i. Post Purchase Action Items - i. Ready the property to move to the Selling Home Process & Procedures and Application Checklists ii. During the selling/selection process, a qualified family is approved and rehab/repair work has begun on the home and completed prior to selling the home iii. Identify and perform rehabilitation work that is necessary to make the acquired home hazard free and safe and ready the home for sale to a qualified homebuyer iv. Send documents of the acquisition to City of Edina-HRA 1. Purchase HUD settlement statement 2. Copy of Warranty showing transfer to HWR j. Rehab process includes but is not limited to: i. Inspections 1. Radon, Blower/Energy Tests and PIRA if necessary ii. Preparation of inspection report iii. Determine scope of work and cost estimates iv. Determine rehab work plan, provide written specifications v. Negotiate and execute scope of work – proposal/contract vi. Commence and complete work vii. Contractor presents to WHAHLT/HWR invoice for work with all permits and required inspections viii. Final inspection of work completed with permits/approvals and lien waivers ix. WHAHLT/HWR makes payment to contractor 3. Selling Process: During the selling/selection process, a qualified family receives approval by HWR and a preliminary approval by the lending institution and rehab/repair work has begun on the home and completed prior to selling the home. 1. HWR supervises the process to sell the home using the Community Land Trust practice and the funding requirements. 12 210953v1 a. Mortgage application and request pre-approval for a mortgage b. HWR Resident Committee Interview c. Selection of Property – show and select a home by a qualified applicant with a mortgage pre-approval by an approved CLT lender d. Execution of Purchase Agreement and all attachments and riders if necessary e. Applicant Inspection of home f. Applicant typically is required by lending institution to have a third party inspection and HWR encourages the applicant to engage in a third party inspection - even if it is not required. g. Attorney review of documents (including the ground lease) and review with prospective homebuyer h. Closing transaction i. Selling of the home improvements j. Execution of the Ground Lease and Mortgage k. 5 working days after home sale, 50% of the sale proceeds are sent to the Edina HRA. Remaining balance is sent to the Edina HRA after project costs are closed out – 60- 90 days after sale of the home. l. Final documentation regarding the sale is sent to the City of Edina – HRA that includes ii. Appraisal, which is completed after rehab is completed prior to sale of the home. iii. Applicant income qualifications iv. Copy of the Seller’s Purchase Agreement v. Title Commitment vi. Lender’s Underwriters worksheet (Fannie Mae 1008) 13 210953v1 EXHIBIT B WdA/whh-2019/Home Improvement Contract-WHAHLT Page 1 of 7 HOME IMPROVEMENT CONTRACT THIS AGREEMENT is made and entered into this ____ day of ____________________, 2020, between TJU Construction Inc., 14400 Woodhaven Road, Minnetonka, MN 55345 (“Contractor”) and West Hennepin Affordable Housing Land Trust (“Owner”), for the improvement, repair, or alteration of the house located at _______________________________ ___________________________ (“Property”), according to the attached plans and specifications and including all labor, materials, and equipment necessary to complete the construction called for by the plans and specifications (“Work”). UPON THE TERMS AND CONDITIONS and for the consideration hereinafter stated, the Contractor and the Owner agree as follows: 1. The Work. Shall consist of the work itemized on WHAHLT inspection/scope of work document 2. Performance of Work. The Contractor agrees to perform the Work in a workmanlike manner using its best skill and attention. 3. Contract Time. Phase I: ____________________________________________________________________________ __________________________________________________________________________________________ Phase II: ____________________________________________________________________________ __________________________________________________________________________________________ Phase III: ____________________________________________________________________________ __________________________________________________________________________________________ Phase IV: ____________________________________________________________________________ __________________________________________________________________________________________ Phase V: ____________________________________________________________________________ __________________________________________________________________________________________ Phase VI: ____________________________________________________________________________ __________________________________________________________________________________________ Phase VII: ____________________________________________________________________________ __________________________________________________________________________________________ Phase VIII: ____________________________________________________________________________ __________________________________________________________________________________________ Phase IX: ____________________________________________________________________________ __________________________________________________________________________________________ WdA/whh-2019/Home Improvement Contract-WHAHLT Page 2 of 7 Contract Price. The Owner agrees to pay to the Contractor for the performance of the Work, subject to additions and deductions by change orders as provided in paragraph 15 of this Contract, the sum of $______________. 5. Manner of Payment. The Owner shall make progress payments to the Contractor as follows: A. $_____________ upon signing this Contract. B. $_____________ upon completion of Phase I C. $_____________ upon completion of Phase II D. $_____________ upon completion of Phase III E. $_____________ upon completion of Phase IV F. $_____________ upon completion of Phase V G. $_____________ upon completion of Phase VI H. $_____________ upon completion of Phase VII I. $_____________ upon completion of Phase VIII J. $_____________ upon completion of Phase IX K. $_____________ upon completion of Phase X 6. Final Payment. Balance upon completion of the project after HWR inspects property and receives all documentation that include but is not limited to final bill, lien waivers, permits, radon tests, PIRA approval, HERS finding and all related Green Communities documentation etc., and after completion of the Work and Contractor’s obligations under section 10 of this agreement, the Owner shall make final payment upon receipt of final invoice. 7. Allowances. At the completion of the project, a final allowance tally will be presented to the Owner with all allowance items at Contractor’s cost including tax, delivery and installation. Any unused dollar amount of the allowances shall be credited to the Owner at final billing. If, at the final allowance tally, the actual costs exceed the total amount of allowances, then that amount over shall be charged to the Owner at final billing. WdA/whh-2019/Home Improvement Contract-WHAHLT Page 3 of 7 8. Documents Comprising the Contract. This Contract consists of this Agreement, the plans and specifications, all written modifications and change orders. This Contract represents the entire Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may be amended or modified only by change orders as provided in paragraph 15. 9. Owner’s General Obligations. The Owner shall furnish all surveys and all copies of drawings and specifications reasonably necessary for the execution of the Work. Unless such reasonable evidence is furnished, the Contractor is not required to commence the Work. The Owner shall provide to the Contractor reasonable access to the Property for the purpose of performing the Work. The Owner shall pay for all heat, water, electricity and other utilities already metered to the Property, which are necessary for completion of the Work. The Owner shall furnish the Contractor with a Certificate of Insurance showing Comprehensive General Liability limits of at least $ 500,000 and will obtain Worker’s Compensation Insurance for any parties the Owner engages directly to work on this project and will furnish Contractor a Certificate of Insurance showing such coverage. The Owner agrees to not employ any party directly who does not have General Liability of at least $1,000,000 and Worker’s Compensation Insurance during the course of this project. 10. Contractor’s General Obligations. The Contractor shall supervise and direct the Work, using its best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under this Contract. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the proper execution and completion of the Work. The Contractor shall take all steps reasonably necessary to ensure the safety of persons and property in connection with the performance of the Work. The Contractor shall pay all sales, consumer use and other similar taxes required by law and shall secure all permits, fees, and licenses necessary for the execution of the Work. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the Work and shall notify the Owner if the drawings and specifications ate at variance therewith. The Contractor shall be responsible for the acts and omissions of all of its employees, all subcontractors and their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. The Contractor, at all times, shall keep the premises free from unreasonable accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, the Contractor shall remove all of its waste materials and rubbish from the project as well as its tools, construction equipment, machinery, and surplus materials and shall clean all glass surfaces and leave the Work “broom clean”. 11. Asbestos and Hazardous Materials. The Contractor’s scope of the Work shall not include the identification, detection, abatement, encapsulation, or removal of asbestos or similar hazardous substances. In the event that the Contractor encounters any such products or materials in the course of performing its work, the Contractor shall have WdA/whh-2019/Home Improvement Contract-WHAHLT Page 4 of 7 the right to discontinue its work and remove its employees from the project until no such products or materials, nor any hazard exists, as the case may require, and the Contractor shall receive an extension of time to complete its work hereunder. Furthermore, notwithstanding the Contractor’s right to temporarily discontinue the Work, the Contractor may exercise its option to rescind the Contract and return to the Owner monies paid to the Contractor, less any of the Contractor’s out-of-pocket expenses related to the work. Unless otherwise specifically provided for, the Contractor shall not be responsible for removal and/or disposal of any hazardous materials as defined by any federal, state or local law, regulation or ordinance, including without limitation, lead-based paint, asbestos, and material containing asbestos. If such hazardous materials are encountered in the course of the Contractor’s work, then the Owner shall be responsible to remove and/or dispose of such hazardous materials in accordance with such federal, state and local laws, regulations and ordinances. 12. Remedies. Payments shall be made as provided in paragraphs 5 and 6 of this Agreement. Final payment shall not be due until the Contractor has delivered to the Owner a complete release or waiver of all liens arising out of this Contract and receipts in full covering labor, materials and equipment for which a lien could be filed or a bond reasonably satisfactory to the Owner indemnifying the Owner against any lien. The making of final payment shall constitute a waiver of all claims by the Owner except those arising from unsettled liens, faulty or defective work appearing after such payment, or failure of the Work to comply with the requirements of the Contract. The acceptance of final payments shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. 13. Contractor’s Insurance. The Contractor shall purchase and maintain such insurance and will protect the Contractor and the Owner from claims under Worker’s Compensation Acts and other employee benefits acts, claims for damages because of bodily injury, including death, and claims for damages to the Property which may arise out of or result from the Contractor’s operations under this Contract, whether such operations be by it or by any subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for no less than $1,000,000 per occurrence and $2,000,000 aggregate. Certificates of such insurance shall be filed with the Owner. Owner shall be named as an additional insured. In addition, if requested by Owner, Contract will list Minnesota Housing and Hennepin County as loss payees and additional insureds. 14. Owner’s Insurance. The Owner shall purchase and maintain property insurance upon the entire work to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, and subcontractors in the Work and shall insure against the perils of fire, lightning, extended coverage, vandalism, and malicious mischief. The Owner shall be responsible for purchasing and maintaining Liability Insurance and, as will protect the Owner against claims which may arise from operations under this Contract. The Owner and the Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this WdA/whh-2019/Home Improvement Contract-WHAHLT Page 5 of 7 paragraph. The Owner agrees to be responsible for General Liability and Worker’s Compensation Insurance for any persons or businesses with which the Owner contracts separately during the construction of the Property. The Owner further agrees to indemnify and hold harmless the Contractor against any claims from such third parties. 15. Changes in the Work. The Owner may order changes in the Work consisting of additions, deletions, or modifications, the contract price and the contract time being adjusted accordingly. All such changes in the Work shall be authorized by written change orders, signed by the Owner, prior to commencement of the Work. The contract price and the contract time may be changed only by change orders. The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. Should concealed conditions encountered in the performance of the Work below the surface of the ground or in an existing structure be at variance with the conditions indicated by this Contract or should unknown physical conditions below the surface of the ground or in any existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized inherent in the Work of the character provided for in this Contract, be encountered, the contract sum shall be accordingly adjusted by change orders upon claim by either party made within twenty (20) days after the first observances of the conditions. 16. Warranty / Defects in the Work. The Contractor shall correct any Work that fails to conform to the requirements of this Contract, if such failure to conform appears during the progress of the Work or within a period of one (1) year from the date of completion of the Work. If the Owner prefers to accept defective or non-conforming work, the Owner may do so instead of requiring its removal and correction, in which case a change order will be issued to reflect any necessary reduction in the contract sum. Such adjustment will be effected whether or not final payment has been made. The Contractor warrants the Work pursuant to Minnesota Statute Section 327A, a copy of which is attached hereto and incorporated herein by reference. 17. Owner’s Default. If the Owner fails to make payment as specified herein within a period of twenty-one (21) days, the Contractor, upon seven (7) days written notice to the Owner, may terminate this Contract and recover from the Owner payment for all Work executed. 18. Contractor’s Default. If the Contractor defaults or neglects to carry out the Work in accordance with this Contract or fails to perform any provision of this Contract, the Owner, after seven (7) days written notice to the Contractor, may terminate the Contract and recover from Contractor all amounts owed to persons and companies that had performed work at the property, for work owner paid for that was not completed by contractor, and any reasonable damages & reasonable costs incurred by Owners as a result of Contractor’s default. 19. Parties Bound. The Contract is intended to and shall bind and insure to the benefit of the successors and assigns of the Contractor and the assigns of the Owner. WdA/whh-2019/Home Improvement Contract-WHAHLT Page 6 of 7 20. Mediation/Arbitration. If a dispute arises out of or relates to this Contract, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by a local retired judge selected by Owner before resorting to arbitration. Subject to the above requirement to mediate, any controversy or claim out of or relation this Contract shall be settled by binding arbitration conducted by the retired judge in accordance with the Construction Industry Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover its costs and reasonable attorney fees. 21. Access to Work. Owner shall grant free access to work areas for workers and vehicles and shall allow temporary storage of materials and rubbish. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal working hours (this includes removal of snow and ice). 22. Protection of Owner’s Property. Contractor agrees to protect any personal property, in or near the work area, including shrubs, flowers, appliances, and the like. 23. Owner-Supplied Materials and/or Labor Warranty. Materials and labor supplied by the Owner may create scheduling and warranty problems. Should Owner decide to supply materials they will be exempt from Contractor’s warranty and, may void the warranty of related work if failure occurs. Owner assumes all liability for injury or damage to materials on the premises while engaged in Owner Supplied Labor. 24. Matching Materials. Contractor calls attention to the Owner to the limitations of matching existing materials such as plaster, stucco, concrete, masonry, roofing, millwork, etc. Contractor shall make every effort to match existing materials, textures, colors and planes; however, exact duplication is not promised. With Owner’s consent, Contractor shall have the right to substitute materials of similar quality, pattern and design if unable to obtain the exact matching materials. 25. Square and Plumb. Contractor and Owner acknowledge that out of square and plumb conditions of the existing structure will require some of the same in new work to properly coordinate with the existing conditions. 26. Hidden Conditions. For the purpose of this Contract, a hidden, concealed and unforeseeable condition shall mean a condition not readily observable to an experienced contractor or subcontractor inspecting the property for the purpose of estimating for and performing the work specified within the contents of this Contract. 27. Requirements of Public Bodies. Any changes, alterations to, or omissions from the drawings or specifications which may be required by any public body, utility, or inspector shall constitute a change in the work and shall be paid for in the same manner as any other change in the work. WdA/whh-2019/Home Improvement Contract-WHAHLT Page 7 of 7 28. LIEN NOTICE. (a) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. (b) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL ONE HUNDRED TWENTY (120) DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU T1MELY NOTICE. TJU Construction Inc. West Hennepin Affordable Housing Land Trust By: _________________________________ By: _____________________________________ Its: _________________________________ Its: _____________________________________ Minnesota Residential Contractor/Remodeler License No. BC001790 Date: July 30, 2020 Agenda Item #: VIII.A. To:Chair & Commissioners of the Edina HRA Item Type: Other From:Liz Olson, Administrative Support Specialist Item Activity: Subject:Correspondence Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: There has been no correspondence since the last meeting. Date: July 30, 2020 Agenda Item #: IX.A. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:6600-6800 France - Project Update Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for informational purposes only. INTRODUCTION: This item pertains to the future redevelopment of the 21-acre commercial property located at 6600-6800 France Avenue. This site is commonly known as the Southdale Office Center and Tavern on France. A previously approved site plan was unable to move forward. The developer / owner is prepared a revised site plan that should be more successful in the marketplace. The developer is anticipated to request the use of Tax Increment Financing to help make the future project viable. A project update is attached. ATTACHMENTS: Description Staff Memo City of Edina • 4801 W. 50th St. • Edina, MN 55424 Economic Development Phone 952-826-0407 • Fax 952-826-0390 • www.EdinaMN.gov Date: July 24, 2020 To: Scott Neal, Executive Director From: Bill Neuendorf, Economic Development Manager Re: 6600-6800 France Avenue – Project Update On October 24, 2019, the HRA Board discussed the potential use of tax increment financing (TIF) on the 6600-6800 France Avenue site. A wide variety of potential public benefits were discussed that might possibly be the subject of a future TIF Redevelopment Agreement. Before site plan review and public financial participation begins in earnest, it is vital to understand whether or not the site satisfies Minnesota TIF Statutes. In December 2019, staff engaged Stantec to evaluate the 21-acre site to determine whether it satisfies Minnesota Statutes for consideration as a Redevelopment TIF District. In accordance with City policy, the developer will pay for this study while the City/HRA retains control of the professional service contract. Representatives from Stantec toured the site in spring 2020. After full evaluation, Stantec has reached the conclusion that the site does satisfy the conditions in Minnesota Statute for consideration as a TIF Redevelopment District. In general, the layout, age and condition of the existing buildings satisfy the statutory definition of “substandard” to justify consideration of the creation of a TIF District. Over the past several months, the developer and owner have been preparing a new site plan that could be successful in the marketplace. Earlier this summer, the developer shared their initial concepts with neighbors to solicit input. They are anticipated to submit a conceptual redevelopment proposal to the City in late July 2020 for public review and comment. Their proposal is likely to include a request to use tax increment financing for a portion of the eligible work. Knowing that the site satisfies the statutory TIF criteria, Stantec is preparing a report to document their findings. When completed, the Stantec evaluation report will serve as evidence of compliance in the event that the HRA Board and City Council decide to consider a new TIF District. # # # Date: July 30, 2020 Agenda Item #: IX.B. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Pentagon Village - Project Update Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for informational purposes only. INTRODUCTION: The redevelopment of the 12-acre P entagon Village site at 4901 W. 77th Street has experienced several setbacks, due in part to the economic decline related to the COVID-19 pandemic. The developer is requested modifications to the 2018 TIF Agreement to allow additional time to deliver improvements. Additional information is in the attached staff memo. Staff is currently evaluating this request. If found to be viable, an Amendment will be prepared for full consideration in the near future. ATTACHMENTS: Description Staff Memo City of Edina • 4801 W. 50th St. • Edina, MN 55424 Economic Development Phone 952-826-0407 • Fax 952-826-0390 • www.EdinaMN.gov Date: July 24, 2020 To: Scott Neal, Executive Director From: Bill Neuendorf, Economic Development Manager Re: Requested Amendment to Pentagon Village TIF Redevelopment Agreement In October 2018, the City and HRA entered into a TIF Redevelopment Agreement to facilitate large- scale, timely and comprehensive redevelopment of the 12-acre site located at 4901 West 77th street. The developer promptly began site work and completed the Phase 1 improvements in summer 2020. This new work includes new utilities, new internal roadways, improvements to public roadways, new 1-acre public plaza, new public art, and new public parking garage. A Certificate of Completion for Phase 1 is likely to be prepared later this year. Unfortunately, the developer’s redevelopment efforts have been dealt several setbacks due in part to the economic fallout of the ongoing COVID-19 pandemic: • Extended stay hotel on Lot 3 did not obtain private financing in Fall 2019 • Dual brand hotel on Lot 2 is delayed due to pandemic-related changes to travel industry • Occupancy of Lot 1 retail elements is delayed due to pandemic-related changes to consumer demand In accordance with the TIF Agreement, three separate pay-as-you-go TIF Notes (A, B and C) were delivered in 2019. Each note begins to accrue interest and becomes payable when specific milestones are reached and goals delivered as identified in the TIF Agreement. The developer is requesting relief from some of the milestones to accommodate a new timeframe. The requests include: • 3-year extension for delivery of additional elements • Reduction in the number of elements delivered on the site • Delayed delivery of remaining public sidewalks and streetscaping A Minimum Assessment Agreement was included in the original Agreement as a backstop in case the project could not be delivered in the original timeframe. This approach may not be sufficient under the current market conditions. Staff will evaluate the requested modifications and prepare an Amendment to the TIF Redevelopment Agreement for consideration by the HRA Board and City Council in August 2020. # # #