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HRA Agenda 07-02-1997AGENDA MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday. July 2,1997 - 7:00 p.m. City Hall MEMBERS: Chair Brad Barger, Vice Char Steve Andrews, Darrin Lahr, Bob Murray, and Dan Frie. COUNCIL LIAISON: Roger Carlson. STAFF: Rick Wolfsteller, Jeff O'Neill, and 011ie Koropchak. GUEST: Mark Ruff, Ehlers and Associates, Inc. I . CALL TO ORDER. 2. CONSIDERATION TO APPROVE THE JUNE 4, 1997 HRA MINUTES. 3. CONSIDERATION OF ADDING ITEMS TO THE AGENDA. 4. CONSIDERATION TO REVIEW HRA FINANCIAL REPORTS FOR PREPARATION ' OF 1998 HRA BUDGET. 5. CONSIDERATION TO ADOPT A RESOLUTION AMENDING THE HRA BYLAWS. 6. CONSIDERATION TO ADOPT THE DOWNTOWN AND RIVERFRONT REVITALIZATION PLAN FOR SUBMITTAL TO THE PLANNING COMMISSIION. 7. CONSIDERATION OF LEGAL OPINION RELATING TO REMOVAL OR DEMOLITION OF THE GARAGE AND SHED LOCATED AT 220 FRONT STREET AND AUTHORIZATION THEREOF. 8. CONSIDERATION TO AUTHORIZE PAYMENT OF MONTHLY BILLS. 9. CONSIDERATION OF PROJECT UPDATES: o) Redevelopment District No. 1-22 (Homestead Center project. mall redevelopment. Ferrellgas rekxation, and downtown rehab). b) Allied Companies/Midwest Graphics Project. 10. OTHER BUSINESS. II. ADJOURNMENT. MINUTES MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday, Jane 4,1997 - 7:00 p m. City Han MEMBERS PRESENT: Chair Brad Barger, Datrin Lahr, Bob Murray, and Dan Frie. MEMBER ABSENT: Steve Andrews. COUNCIL LIAISON PRESENT: Roger Carlson. STAFF PRESENT: 011ie Koropchak. STAFF ABSENT: Rick Wolfsteller and Jeff O'Neill. GUESTS: Kristin Graham. Project Manager, Homestead Housing Center Fred Patch, Chief Building Official I . Ce`II to order - Chair Barger called the HRA meeting to order at 7:00 p.m. 2. Consideration to app= the May 7. 1997 HRA minutes, Murray noted a grammar error and requested amending the word "raise" to "raze" on Page 3, Item 5. Paragraph 2 of the minutes. Dan Frie made a motion to approve the May 7, 1997 HRA minutes with the above requested amendment. Bob Murray seconded the motion and with no further corrections or additions, the minutes were approved as amended. 3. Consideration to adding items to the agenda Koropchak added two items to the agenda under item 10: Consideration to authorize payment of monthly bills and consideration for removal of a garage and shed at 220 Front Street (HRA parcel). 4. Consideration to bear a presentation by Kris in Graham - Preliminary concco of a multim housffinu senior center. Fred Patch, Chief Building Official and on acquaintance of Kristin, introduced Kristin Graham. Project Manager for Homestead Housing Center. Additionally, he noted a HRA MINUTES JUNE 4,1991 clarification stating Homestead Housing Center is a non-profit organization and the cooperative is owned and controlled by individuals who live in the housing centers. In - other -words, it is an owner -occupied housing center for the elderly not a senior center. Fred continued by identifying the subject area for discussion. The proposed location hes within the vicinity of the westerly end of Front Street (portions of Blocks 55, 56, 62, 63). He noted the proposed transitional housing for seniors was a natural for the area as the project improves the river frontage, increases density. serves as a buffer between single residential and commercial zones, and enhances the trail system Combined with upscale mufti -family rental units and the proposed hotel and park redevelopment projects, the overall redevelopment is consistent with the HRA and MCP goals and appears to make good sense. Kristin stated Homestead Housing Center has several corporate sponsors. When all the units of a project are sold, there is no mortgage and the cooperative is owned by the occupants (the shareholders). The monthly fee includes everything but cable TV and tele� and there are no replacement costs. It generally takes 12-18 months for construction of a facility and 40% of the units must be pre -sold. The Cooperative Development Foundation (CDF) provides dollars for a project in the form of a revolving ban fund. In the use of Chisago Lakes, CDF provided $70,000 for pre -development and land option costs and the community committed $25,000 as development seed money e which is returned if the project proceeds and generally is a grant if the project doesn't go. At this time, no market study has been completed for the Monticello area. Qualifications include adequate financials, 55 years of age or over, and capable of living independently. Typically, there are five floor plans which range between $75 to 5125 per square foot. Low income Levels do not support these units. Generally, an annual income level of $25,000 is necessary to support the cooperative. Upon death the unit goes to the estate and only to the cooperative if there is a buyer's waiting list. The advantages of a cooperative is lower costs for the common areas and the shareholders are owners. Because Homestead is a non-profit organization they purchase clear hand and need assistance in acquisition and clearance of parcels. Recognizing the Homestead parcels would generate less tax increment, the proposed upscale multi -family development could lend support to the cooperative project. The Mississippi Shores is rental units and the cooperative is owner -occupied units. HRA commissioners tilted the Homestead Housing Center concept and found it to be a great opportunity. The concept provides the elderly with security and pride through the value of home ownership. The commissioners gave a green light to proceed: Homestead to initiate a market study of the Monticello area, commissioners to visit Homestead project in Cross Lake, and Koropchak to talk to Ehlers and Associates relating to preliminary concept and to contact a developer(s) for interest in the multi -family housing HRA MINUTES JUNE 4, 1997 project. One HRA commissioner felt a request for proposal (RFP) from the HRA may lead credibility, serve as a checks and balance, and send a message of intent to proceed. Koropchak to check if the HRA is required by law to obtain RFPs and to verify that income level limits are not a requirement of Redevelopment Districts. Members thanked Kristin and Fred for their presentation. 5. Consideration to diKuss the status of the Downtown and Riverfront Revitalization Plan HRA members were provided with a letter of recommendation from left O'Neill relating to the procedure for approval of the revitalization plan. The members discussed whether it most appropriate for the HRA to approve the plan before or after the public hearing of the Planning Commission or perhaps hold a joint meeting. Noting that the HRA approval submits the plan to the Planning Commission as an amendment to the Comprehensive Plan, the following recommendation and action was taken: 1. Based on O'Neill's recommendation that the MCP Board of Directors approve the plan prior to the HRA approval the HRA commissioners hoped all MCP Board of Directors had the opportunity to review the plan prior to approval of the plan by the MCP Board of Directors. 2. Darin Lahr made a motion for the HRA to consider adoption of the Downtown and Riverfiont Revitalization Plan for submittal to the Planning Commission for consideration as an amendment to the comprehensive plan at the regular HRA meeting of July 2, 1997, and recommended the Planning Commission at the regular meeting of July 1, 1997, call for a public hearing to be held and to consider the amendments to the comprehensive plan at the regular meeting of the Planning Commission in August. Bob Murray seconded the motion and with no further discussion, the motion passed unanimously. 6. Consideration to gm; c n+ission to the Downtown Merchants Associntion for a one-dav use of the HRA West Broadway lot. Darrin Lahr made a motion granting permission to the Downtown Mcrchants Association for a one day use of the I I 1 West Broadway parcel subject to the Merchants Association carrying liability insurance and returning the property to its original state. The one-day use for Saturday, August 9, 1997, the date of the farmer's market. Dan Frie seconded the motion and with no fiuther discussion, the motion passed unanimously. 7. Consideration to discuss HRA Bylaws for paten i 1 amending At the May HRA meeting, commissioners tabled any discussion for revision of the Bylaws HRA MINUTES JUNE 4, 1997 until June allowing more time to compare the Monticello bylaws with the bylaws of the Columbia Heights HRA and the Burnsville EDA. Koropchak began by noting housekeeping item such as proper use of gender and annual meetmg date and time and that no provision exists relating to commissioners. HRA commissioners requested Attorney Bubul review the suggested amendments outlined by Koropchak for submittal to the HRA for review and approval in July. HRA members called for a special meeting date of Wednesday, June 18,1997, 7 :00 p.m, to begin preparation of the 1998 HRA Budget. Consideration of =Jectupdates- The commissioners accepted the written update and agreed to consider the Allied Companies/Midwest Graphics project at the special meeting of June 18 if the developers so requested or perhaps the city could utilize the new "abatement authority" for this proposed project. a) Brad Barger made a motion to approve the May HRA bills. Seconded by lam Frie and with no further discussion, the motion passed unanimously. b) Koropchak informed HRA members that the Building Department has requested Mr. O'Connor to remove personal property from the garage and shed located on the HRA -Front Street parcel in preparation of a request for bids for removal or demolition of the structures. It is assumed the Budding Department cited the structures as a nuisance or a hazard. Members asked -why the rush and what was being Stored'"? More importantly, HRA members were concerned about tb%+ legal right as a public body and questioned if an -unlawful detainer" was necessary. Darrin Lahr trade a motion authorizing the Building Department to seek bids for removal or demolition of the garage and shed located at 220 Front Street and payment thereof subject to legal advise relating to the HRA's liability of notification to remove and the removal of personal property. Seconded by Bob Murray and with no further discussion, the motion passed unanimously. HRA MINUTES JUNE 4, 1997 The HRA meeting adjourned at 9:15 p.m. 011ie Kompchak, Executive D'uector HRA AGENDA JULY 2, 1997 r. I: T?'+ n>M-;,jor%ririiwj7,TriT=- , rr TVIV, W.TrM As of June 25, the City Administrator has not received a copy of the tax increments collected for the fist half of 1997 and projected for the second half of 1997 from the county. 1 telephoned Rod Bunting at the County Auditor's Office and he promised to deliver the copies tonight or tomorrow. Upon Ehlers and Associates receiving this information and to ensure accuracy, Mark Ruff requests adequate time for preparation and plans to submit the reports to HRA members at the July 2 meeting. This still allows sufficient time for the HRA to prepare its budget. l /r HRA AGENDA JULY 2, 1997 $. Consideration to adopt a resolution amending the HRA Bylaws A. Reference and backg=nd. At the June meeting of the HRA, the commissioners requested Attorney Bubul review the suggested changes to the original bylaws as outlined by Koropcbak for submittal to the HRA for review and approval in July. The original and revised Bylaws of the Monticello HRA were mailed to Attorney Bubul on June 20, 1997. It is Attorney Bubul's intent to review the revised bylaws for comment by the 27th of June. Assuming such, the enclosed Bylaws have been reviewed by Bubul and corrected for HRA consideration to amend via the enclosed resolution. The highlighted areas are the suggested revisions. Per the Nlinnesota Statute, only the HRA amends the Bylaws; however, I suggest the HRA forward the Bylaws to the City Council for informational purposes only. B. Alternative Actiow I . A motion to adopt the resolution amending the HRA Bylaws as presented. 2. A motion to deny adoption of the resolution amending the HRA Bylaws. 3. A motion to adopt the resolution amending the HRA Bylaws with the following modifications. 4. A motion to table any action. C. Recommendation. Recommendation is to adopt the resolution amending the bylaws as per the advise of Attorney Bubul. D. $Ilpno W&1h= Bylaws with highlighted revisions and copy of the resolution for adoption. Jun 27 •97 09:33 KENNFDv & gZA,,W t+ Kennedy CHARTERED 470 Pilldwy (:mtu 200 Se►ab Seth sty MaacaF.6 MN WO (612) 3379300 aley�nn. (612) 337.9310 fu . nWh &7v@k—rrdy.gaven.wm r' . c rt71tMRLJ.= Dims OW (sat] 131 I Jane 26.1997 I TO: 011le Umpchak FROM: Steve Bubul _ RB: HILA BylAws ( IU only changes In the draft HRA By -Laws are a follows: Sedioa 3, Special Medings Add at rhe end: Notion of any Vedad meeting shall be given In accordance wkh Minnesota Statutes, , Section 471.705. suhd. Ic or any successor staaue regarding notion of meetings of public bodtca New Article or Secdon 1 suggest adding a section as follows: Execution of Cmncts, All contracts, notes. and other wriuea agseerrumts or inowntnn to which the Authority is a parry or signatory or by which the Authority may be bound shall be executed by the Chair and Executive Director. If the Bacutive Dirccwr It absent or otherwise cable to execute a document. the Secretary-7Yeasum may execute rho document Name of AsAAerity 1 note tW die original by-laws say the name of the Authority shall be the "Housing sad Redevelopmut Authority of Monticello. Minnesota " However, the HRA statists actually indicates that HRAs aro brown as the "Housing and Redevelop wat Authority in and for the City of ' TRm is the form used in most of your dmonems. 1 suggest the name In the by-laws be cMnged to reflect that Or. if you prefer to heap the aurae in the original by- laws. we should nub that cease to all official doeun*M from Imre oa. One word of caution: I believe we have used the "la and for the City" foram on deeds when the HRA has acquired f property. Them is mm Ukd hood of conNsion if the formal same diang;es now. 1 will be out of the of im On Friday until about twos. I hope these comments are helpful. U you have Questions, all me F+aiday afternoon. � sasu.ru PROPOSED REVISION BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MIIHNESO'PA June 27, 1897 ARTICLE I THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Housing and Redevelopment Authority in and for the City of Monticello, Minnesota." Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of thp Authority- Place of Meeting. The office of the Authority shall be at such place in the city of Monticello, Minnesota, as the Authority may from time to time determine by resolution. Regular and special meetings of the Board of Commissioners shall be open to the public and shall be held in Monticello City Hall at 250 East Broadway, Monticello, Minnesota; provided, however, that upon three days written notice to the Commissioners of the place of such meeting, any regular or special meeting may be held at such place within the city of Monticello as the notice shall designate. Section 4. Poiners of the Anthodtr. The Authority, by and in its corporate name, shall have and exercise all powers, functions, rights, and privileges pursuant to Minnesota Statutes 469,001, @L=q, ARTICLE II COMMISSIONERS Section 1. Authari The business and affairs of the Authority shall be managed by or under the authority of the Board of Commissionem except as otherwise permitted by statute. Section 2. Number. Quaiifieatti_on. and rem af There shall be five Commissioners appointed by the Mayor of Monticello and approved by the City Council. Commissioners shall be natural persons, at least IS years of age, and mast reside in the city of Monticello. Commissioners shall serve a term of five years with one Commissioner's term expiring each year. eruWSARA: &2747 Popo I Section 3. Vacancies. Vacancies on the Board of Commissioners occurring by reason of death, resignation, removal, or disqualification shall be filled for the unexpired term by the Mayor in accordance with the procedures set forth in Article 11, Section E. Section 4. Removal. For inef cieney or neglect of duty, or misconduct in office, a Commissioner may be removed from office by the City Council in accordance with Minnesota Statute 469.010. ARTICLE III OFFICERS Section 1. Office The Officers of the AuthorityshaH;9 . A. _G. f4w=amo4g Am- :. ; , ' , , a shall consist of a Chair, Vice -Chair, and a Secretary -Treasurer. A Commissioner shall not hold more than one of the above-named offices at the same time. Section 2. lhaii. The Chair shall preside at all meetings of the Board of Commissioners if present. Except as otherwise authorized by resolution of the Board of Commissioners, the Chair shall sign all contracts, deeds, and other instruments made by the Authority. At each meeting, the Chair shall submit such recommendations and information as considered proper concerning the business, affairs, and policies of the Authority. Except as otherwise provided by resolution of the Board of Commissioners, all such orders and checks shall be countersigned by the Chair. Section 3. Vic - . nir, The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of resignation or death of the Chair, the Vice -Chair shall perform such duties as are imposed on the Chair until such time as the Board of Commissioners shall select a new Chair. Section 4. Ser. n -Tre_ nye_. The Secretary -Treasurer shall perform the duties of the office of Secretary -Treasurer and-sltatl*erside at all o/the n The Secretary -Treasurer may delegate the responsibility for recording the Minutes of the Board of Commissioner meetings to the Executive Director or to the Authority Office Secretary as is determined appropriate by the Secretary -Treasurer. The Secretary -Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority. BYLAWS MRA: 6127197 Pogo 2 Section 5. Ad ; io al Dutips. The Officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 6. Flection or AMpaintment. The Chair, Vice -Chair, and Secretary - Treasurer shall be elected at the annual meeting of the Board of Commissioners fivm among the Commissioners of the Authority and shall hold office for one year or until their successors are elected and qualified Section 7. Vacancies. Should the office of the Chair, Vice -Chair, or Secretary - Treasurer become vacant, the Board of Commissioners shall elect a successor from its members at the next regular meeting, and such election shall be for the unexpired term of said office. ARTICLE W EXECUTIVE DIRECTOR The Authority shall employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject to the direction of the Board of Commissioners. As assistant to the Secretary -Treasurer, the Executive Director shall ensure that proper records of the Authority are maintained The Executive Director (orJW designee) shall act as Secretary of the meeting of the Board of Commissioners and shall keep a record of the proceedings in ajournal of proceedings to be kept for such purposes (the minutes of the proceedings are to be signed by the recorder plus the Authority Commissioner acting as Chair at the meeting). The Executive Director shall perform all duties incident to the Executive Director position as may be assigned by the position description as approved by the Board of Commissioners. The Executive Director shall keep in safe custody the seal of the Authority and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Authority. The Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Board of Commissioners may select. The Executive Director shall be charged with the management of the housing projects of Authority. The Executive Director shall keep regular books of accounts showing receipts and expenditures and shall render to the Board of Commissioners, at each regular meeting (or more often when requested), an account of his/her transactions and also of the financial condition of the Authority. The Executive Diroctor shall give such bond of the faithful performance of duties as the Board of Commissioners may determine. e`Mwe.MRA: SIM? Paas 3 The Executive Director shall be appointed by the Board of Commissioners. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such tern as the Board of Commissioners fixes, but no Commissioner of the Board of Commissioners shall he eligible to this office. When the office of Executive Director becomes vacant, the Board of Commissioners shall appoint a successor, as aforesaid. %—W'.08 The compensation of the Executive Director shall be dined by the Board of Commissioners. ARTICLE V ADDITIONAL PERSONNEL The Board of Commissioners may from time to tirne employ such personnel as it deems necessary to exercise its power, duties, and functions as prescribed by the Municipal Housing and Redevelopment Law of Minnesota applicable thereto. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Board of Commissioners subject to the laws of the State of Minnesota. ARTICLE VI MEETINGS Section 1. Annual M otinp. The annual meeting of the Board of Commissioners shall be held on the first Wednesday of .Aq.: \ at 7 p.m. at the regular meeting place of the Board of Commissioners; provided, however, that the date/time of the annual meeting may be postponed to a subsequent date/time upon the vote of a majority of Commissioners in office at any time taken at any regular or special meeting. Section 2. Re;dnr Meetings. Monthly meetings shall be held without notice at the regular meeting place of the Board of Commissioners on the first Wednesday of each month at 7 p.m. unless the same shall be a legal holiday, in which event said meeting shall be held on the next succeeding secular day. In the event the date/time/meetings place of a particular meeting must be changed, the Chair may make such change deemed necessary by notifying all Commissioners by delivering (by stat) a mice to their home address at any time prior to the meeting or mailing a notice to the business or home address at least three (3) days prior to the date of such regular meeting. Section 3. gxdnl Meeting Special meetings of the Board of Commissioners may be called by the Chair or two members of the Board of Commissioners for the purpose of triumacting any business designated aYLAvvs.MRA: V27167 Pap a in the call. The call (including location of meeting) for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Board of Commissioners or may be mailed to the business or home address of each member of the Board of Commissioners at least three (3) days prior to the date of such special meeting. At such special meeting, no business shall be considered other than as designated in the call; but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Notice of any special meeting shall be given in accordance with Minnesota Statutes, Section 471.708, subd. Ic, or any successor statute regarding notice of meetings of public bodies. ARTICLE VII QUORUM The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners constitute a quorum (except as noted below) for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board of Commissioners upon a vote of a majority of the Commissioners present (except as noted below). Exception: In regard to action on the annual Authority operating budget, or revisions thereto, there must be at least four Commissioners present, and the majority of those present must vote in favor of such for the matter to be approved. ARTICLE VIII ORDER OF BUSINESS Section 1. Order of BuainPtia. At the regular meetings of the Board of Commissioners, the following shall be the Order of Business: 1. Roll call 2. Reading and approval of minutes of the previous meeting 3. Items not contained in the agenda 4. Ghttustans 5. New businosa �1 7. Bills and communications 6. Report of the Executive Director 8. Adjournment BMLAWS.MRA: WPM? Papa 5 t All resolutions shall be in writing and shall be copied in the journal of the proceedi.-Ws of the Board of Commissioners. ARTICLE IX MANNER OF VOTING The voting on all questions coming before the Board of Commissioners shall be by roll call, and yeas and nays shall shall be entered upon the minutes of such meeting. The Chair and all numbers of the Board of at every meeting of said Board of Commissioners shall be entitled to a vote. In the event that any Commissioners shall htiaoe a personal interest of any kind in a natter then before the Board of Conussiraioners, the Commissioners shall disclose his/her interest and be disgtsdijted /horn voting upon the matter, and the Secretary shall so record in the minutes that no vote was cast by said Conunbsionern ARTICLE 8 EXEC(ITION OF CONTRACTS All contracts, notes, and other unittesa agreements or instruments to which the Authority is a party or signatory or by which the Authority may be bound shall be executed by the? Chair and Eseeutive Director. If the Executive Director is absent or otherwise unable to execute a document, the Secretary. Treasurer may execute the document_ ARTICLE XI AMENDMENTS The bylaws of the Board of Commissioners shall be amended by Resolution only with the approval of at least a mq jority of the Commissioners in office at any time. These bylaws were adopted as the bylaws of the Authority by the Board of Commissioners on , 1997. evuwa.Nru: V27107 Pape 6 RESOLUTION RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA AMENDING AUTHORITY BYLAWS. WHEREAS, the Bylaws of the Housing and Redevelopment Authority (Authority) are in need of revision due to changes in need for gender neutrality; WHEREAS, the Bylaws of the Housing and Redevelopment Authority (Authority) are in need of a revision due to desire to have the regular and annual meeting to commence at 7:00 p.m instead of 7:30 p.m.; WHEREAS, the Bylaws of the Housing and Redevelopment Authority (Authority) are in need of the addition of ARTICLE 11, Commissioners; WHEREAS, the Bylaws of the Housing and Redevelopment Autherhy (Authority) are in need of several revisions due to desire to update or clarify certain provisions of the Bylaws adopted the 6th day of April, 1971; WHEREAS, the proposed changes to the Bylaws have been reviewed by the Authority Attorney, Cormnissionm, and Staff and found satisfactory; THEREFORE BE IT RESOLVED that the attached revised Bylaws of the Housing and Redevelopment Authority in and for the City of Monticello. Minnesota, be adopted effective immediately. PASSED THIS DAY OF 1997. MOTION BY: SECONDED BY: ROLL CALL: OWe Koropchak, Executive Director Bradley D. Barger. Chair HRA AGENDA JULY 2, 1997 6. Consideration to adopt the Downtown and Riverfront Revitalization Plan for submittal to the Planning Cormrssion. A. Reference and backaround: Enclosed is a summary of the progress and action taken by the HRA on June 4 relating to the process for approval of the revitalization plan which was mailed to the Char of the Planning Commission and MCP. Copies were distributed to Schroeder and O'Neill. Connecting with Michael Schroder via voice mail, it appears the second draft of the revitalization plan will be available on Tuesday, July 1, 1997. The second draft should incooperate the comments made by the various individuals which were submitted to Michael on May 29,1997. Other expected additions to the plan are the financial section and the design guidelines. Needless -to -say, the Board of Directors of the MCP have not reviewed or approved the revitalization plan. However, the Planting Commission can still proceed on July I, 1997, to call for a public hearing date of August S, 1997, for the consideration to adopt the revitalization plan as an amendment to the comprehensive plan. The following are some ahernative suggestions to consider. B. Alternative A io - I . A motion to adopt the Revitalization Plan subject to review and approval by the MCP Board of Directors. (With the anticipated delivery date of July I, this does not allow the HRA members time for review of the document.) 2 A motion to set a special HRA meeting for the adoption of the plan sometime after and assuming approval by the MCP Board of Directors on July 9, 1997. 3. A motion to table any action. C. Recommendation - If the HRA set a special rrreeting date to continue development of an HRA budget. then alternative no. 2 appears most appropriate. D. S0VQI19D= Copy of the summary letter of June S, 1997. C June 5, 1997 TO: Monticello Planning Commission Monticello Community Partners (MCP) FROM: 011ie Koropchak, Executive Director tP' Housing and Redevelopment Authority (HRA) RE: Monticello Downtown and Riverfrom Revitalization Plan The draft copy of the Revitalization Plan was reviewed for comments by MCP Board members Lois Maus and Merrill Busch, MCP Committee Chairs Darrin Lahr, Pam Cambell, and Lynn Dahl, MCP Project Manager Rite Ulrich, and Al Larson. The reviewed plan with comments was forwarded to Michael Schroeder, Hoisington Koegler Group, Inc. on May 29, 1997. A summary of the steps that need to be followed to achieve the goal of integrating the Plan and the planting efforts into the city's comprehensive plan was outlined for the HRA commissioners by Assistant Administrator Jeff O'Neill. The following is a summary of the HRA meeting of June 4, 1997. I . Based on O'Neill's recommendation that the MCP Board of Directors approve the plan prior to the HRA approval, the HRA commissioners hoped all MCP Board of Directors had the opportunity to review the plan prior to approval of the plan by the MCP Board of Directors in June. The HRA commissioners approved a motion to consider adoption of the Revitalization Plan for submittal to the Planning Commission for consideration as an amendment to the comprehensive plan at the regular HRA meeting of July 2, 1997. The HRA motion also recommended the Planning Commission at the regular meeting of July 1, 1997, call for a public hearing to be held and to consider the amendments to the comprehensive plan at the regular meeting of the Planning Commission in August. cc: Michael Schroeder, Hoisington Koegler Group, Inc. CJeff O'Nei4 Assistant Administrator HRA AGENDA JULY 2, 1997 At the HRA meeting of June 4, members were informed that the Building Department had requested bids for demolition or removal of the garage and shed on the property owned by the HRA. Attempts had been made to contact Mile O'Connor, the next door neighbor artd owner of personal property stored of the garage and shed, thereafter a note was attached to the premise giving notification to remove the personal property prior to demolition or removal. The Chief Building Official was prepared to obtain an unlawful detainer at the county if so necessary. The HRA did approve authorization to seek bids for removal or detnofition of the garage and shed located at 220 Front Street and payment thereof subject to legal advise relating to the HRA's liability of notification for removal and the removal of personal property. At first Attorney Bubul fell if the City had an unlawful detainer, the HRA was not liable. However, he requested time for further research and recommended attempts be made to work with O'Connor for removal of the garage or personal property. Upon further research, Bubul said the law was unclear relating to abandon property : however, continued by stating O'Connor CVUW raise a claim which owd become a major law suit with the HRA liabic. His recommendation was for the HRA to remove the personal property and store. Give notice to store for sixty days at O'Connor's expense. I not claimed, destroy personal property. In the meantime, the Building Department received two bids which are enclosed and prepared a Small Project Work Agreement for execution which is also enclosed. It is the Building Departments desire for the HRA to authorize demolition or removal of the garage and sited located at 220 Front Street for an amount not -to -exceed $2,()IMI. The Building Department continues to make contact with Mike O'Cotmor or Debbie Otten, a relative. I will update the HRA at the meeting as to the success of those attempts. A motion authorizing demolition or removal of the garage and shed located at 220 Front Street for an amount not -to -exceed S2,(1(Il) with the HRA removing and storing the personal property for sixty days. HRA AGENDA JULY 2, 1997 2. A motion authorizing demolition or removal of the garage and shed located at 220 Front Street for an amount to-to-exceed $2,000 without HRA removal and storage of the personal property. 3. A motion directing the Building Department to stop the process for demolition or removal of the garage and shed located at 220 Front Street. 4. A motion to table any action. 5. A motion of other authorization. C. Recommendation: It is my understanding from the Building Official, the personal property within the shed and garage may be of "tittle value" or junk". The Building Department began the process for removal or demolition of the garage and shed without authorization from the HRA because they felt m the best interest of the City, the property was a nuisance and a hazard. An LP tank sits next to the shed and is a liability. , D. ha.°MW&DaiL Copy of the bids and agreement. L 2 9DROPOML FYLE'S EXCAVATING & HONEY WAGON 9997 HARDING AVE. N.E. MOtNTICELLO, MN. 55M (612) 296-2511 r *-4%kk L but" i i tow ttiorb uses City of Monticello 295-2711 16-4-97 Street Address Job nems P.O. Box 1147 1Niont�Ic 1 o, Mn 55362 Job iontwn I ArddbCr 1 uo a perp: Ha Nrobv eli epeaft 11 to and aadmetee br : GARAGE d SHED DEMOLITION: 00w bdomoban: INCLUDES: Removal of building, cement, replacing with top soil, seed/straw, d labor. PLEASE NOTE: NO Paint, Tires or Appliances removed from site. NE PROPOSE w brAfi d tndetlel aro labor a staled above Iw bre amou i of: Eleven hundred and no/100............................ — . (s 1,100.00 ) PernM to be rttede 41111.-1 : Payment on completion of work I ACCEPT ABOVE PRMEB •adMrtpwueneeded oorltraIM air' rordaA me find. Pleaw tabun eIg M a bid accepted./' !� `V J SE f 8 r U (Contractor) DATE ACCEPTED ( ) DATE �� �rimar b1 2bono c�eo�r i /' CONT COPY Ib&R CONSTAUCTNK MIC. PROPOSAL ry . Citv of tivnticeJ to STREET CITY. STATE AND LP CODE ARCHITECT [DATE CP PLANS ww SDP K OM WWHICWM MID 00maln IM vpww. a mow+ PHONE (DATE JDa NAME Demo JOS LOCATION JOB PLION! Remove Ltarare and contents. remove metal shed. load and haul to landfill. 'L loads black dirt leveled in vnrd. We Proposetrlaw to TuTTddl N sww wa tw" • In wMCrdo" wn al i, epwilICwIOM, tar tea wm or. aArlq ;: 1'rl'H.I111 agora to be ora Y AIbwA: N.rl/ryr..r ra. wprwrr YoMr deapl/r arYbr/I 0- �-�RwwgbwMarAwr rwnwllA llwrwPMWH A1'Mwabwbr�! wb- bK4'w� rw�+rJ � mr1 V w mole rw IO-�� arra. M r Os-ra - �Y1 d -P w Y1C waw � fir- Y MIr•r r�rrM� i --Y � � and rI-I� Y l Ow r fA. Iw+�w wr �Ir 1�I�n rwlw0 Qr 4� M Nh Nrw�/ Hi WOYII/1V r/"l� ,Caep[ence Of Prope"I - nb •�• pry CpKftadone one eorrdaloM w ad dact" and we Am attaplad. You are wAhorUed to do tho w" is apocebd. Payrnwa WW Do nlado as oL dow avow. own w ACCIPMwP Nab: This pllpoul �nry a rMldwn W uL � na rx�paa wNn 1 [0l MONTICELLO HOUSING & REDEVELOPMENT AUTHORITY SMALL PROJECT WORK AGREEMENT This Agreement in made this _ day of 199_ by and between the Monticello Housing & Redevelopment Authority (the "HRA') and (the Contractor'. In consideration of the nmtml covenants and promises camiaed in this Agreement, the HRA and the Camractor agroe as follows: 1. Work to be Camleted. The Work to be completed by the Contractor is set forth in the moons. drawings, and other pertinent addenda attached and made a part of this Agreement as Setkdule A. The Contractor shaH perform in stria accordance with the provisions of mid Schedule A 2. C-- -- end Completion of Work Lmodated Doman. The Work shall commence on and be sadslbctmity omWleted by . In the event the Work is not commenced within (10) days of the date spe ified, the HRA may dismiss the Contractor withaa any mamtpensation -vhusoever cad appaua a a molt= Cootroctor(s). If the Connecta is tumble to commence the wank by the specified dam it must promptly notify the HRA In the event the Work is not completed by the specified date, the Contractor and its sureties shall be atm fighridmed damtga afore percent (M) or filly daUm ($50.00). whichever is greater. va day ft each mledur day ofdelay ehuhhduhg Smtrday. Smtday. and legal holidays unless the delay was aavoidabk and beyond the control of the Coaractor as determined by the HRA This stmt shall be dedi=W Gam the Contract Price at the time of psymem. Thts provision for liquidated cl m is in addition to any and all other rights and remedies to which the HRA arty be entitled at law or in egWty in connection with this Agreement. 3. Pammt The Work as set toM in Schedule A irduding all labor. materials. and equipmeat needed to eccsnplish the same, shall be completed by the Contracts for the sum of S (the "Corm Price') to be paid to the Contractor upon completion of the Work to the sefisl9edon of the HRA The Canrcom agrees to (luaish the HRA with all Mechanics Urn Waivers deemed nwassery by the HRA prim to payment of the Contract Prior. The Commoct Price shall aceto a the sole co pemadoe payeblo to the Contracts for completion of the Work. 4. GMMLQM g. Tho Contrsaar hereby gttaramm to the HRA thm allof the Wank shall bo done ions comprteat, worlmhontike master and that such Wale shall bond remain Qtr of de(bw in werl:nsWp and mucrials for a period of as (1) year Qum the date whm the Work is com*tcd and moapmd by the HRA The Contactor dull assign to the HRA (if assignable) or enforce for the benefit of the HRA (if not assigable) any f provided by marniffi a ar seller of machinery, equipahcnt, and materials that cera irco1p0raUld into the Work. S. Permits and Lig msec. The Contracts shall azure all permits and fiarna necessary to the completion of the Wyle and" comply with all federal. nate, and local laws, ordiaaces and regulations in the perfonnaua of the Work. 6. Waive aftlability. The Contractor urdersmnds and a&= that the Work is mdermken at the sok nsk of mho Commcmr. The Contracts does e.Vrcady forever release the HRA from any claims, demands, igjuries. damage actions or muses of action whatsoever, arisial ow of or camectmd with the Work. C ATCILVTCONI1ACT O iNWRLOW0.r1 7. 1pdeinpjgcapylp Any and a0 daima that arise or may mise against the Contractor, its agents, servants or employees. as a consequence of any act or omission an the pmt of the Cmtraaar while engaged in the Performance of the Wark shaft in no way be the obligation or responsibility of the HRA The Contractor shaft iodamnify, hold hmmlm and defend the HRA its cowmen, of&ers, and employees, against any and all habitity, lass, cost, damage expenses, dorms or actions, including attorneys fen which the HRA. its cam 'ssianers, of8cas. or employee may henatefber mcur or be required to pay, an account of injury or death of any person(:) or damage to wry pmpetty wising our of or by any rmron of any sot or omission of the Contractor, its agents seraams a employees in the emmaaicq pafbor f glare to adequardy pet = its obligations under this Agmemen4 whatever the ansa of such injury or damage. 8. Immm. The Cormucta agnas that in order to protea itselfarid the HRA ands the indemnity provisions ser lbrdi above, it will at all times daring the term of this Agreement, kap in fan, at a rninimam polices of insurance as indicated hada The Conuaaor shall not cow work until a Certificate of Insured« 00va1118 an of the iavaranoe ro I ' I by this paragraph is approved ad a written Nair to P. is issued by an surhataed ., . of the HRA The followiag tnsmence polices mast be certified to the HRA for approval: a. The Caaaactar shall purchase and maintain a commercial genial liability insurance policy (CGL) to insure its operations. The CGL policy shall be in the amount of at least One Million and oo/100 Dollars ($ I.000,000) in combined bodily injrry end property coverage. b. The Cawraaor shall purrLnse and mmotmn an automobile policy which provides coverages fbr all owned, noncwnod and remad or hired num mobiles. The Automobile Policy shall be to the amort of at least One Million and no/l00 Dollars (S 1.000,000) combined single limit coverage. C. The Can, m, shaft purchase and maintain Water's Compensation insurance in wowdanco with Chapter 176 of the MW200 Sm=. The HRA shall be tamed as an 'additional inaated' party on both the Contractor's CGL and automobile, insurance polices. The HRA:hall salve at least 30 days written notice ofcancellation. nan- renewal, or arty material chmges of the insurance policies speci0ed above. 9. Ad2csmLmxLHm= Any notice permitted or requdrod to be given under this Agreement shall be deemed to have been given by certified mail. Postage prepaid. addressed as Mews: HRA ADDRESS Monticello Housing Redevelopment Authority P.O. Box 1147, 230 Ent Broadway Monticello. MN 33362.9243 CONTRACTOR ADDRESS Either party may clump the address by giving written ormoc to the other party. 10. Agghobh1m. This Agreement shall be comued is acoardarrce with sad governed by the laves Of the Stato of Minim rota. 11. Entire Agreement. This Agreement constitutes die entire agreement between the HRA and the Conroeta with respect to mho marten addressed herein. C:vAtt1Lmmmlrrs4Crg umrwa►;ACLO C 12. tel. Thu Agent may be modified or emmded only with the writtm approval of the HRA and the Comaaet r. 13. C2nMgigW In the event that any am or more of the provisions of this AV=nmt cr any application thezaoE shag be found to be invalid. illegal sir oehaaim anenforceahk the vslift, legality and enforceability of the rcmmmng pmvisom or any application thereof shag not in any way be affected or-ngmrcd thereby. 14. Amg= Thu App mem shag be biodmg apron and in order to the Waseffi of the parties, their legal reprmcwmive4 heirs. aooestm and a sips. No assignment or etOmtpted assigmneat of this Agro®em ar any rights bacmodcr shag be effeedw mlesa the writtm crosmt of the other party is first obtaimd IS. Authority. Eck of the ands 'ped parties warranp it has the PA amhotity to omcde this Agreanmt, and each individual sipmg this Agrarmcat on beWof s capomon hereby wasrams that he at she has full authority to sign an behalf of Oe corporation that he or she represents and to bind soh corperstim thereby. 16. Bfai No hilum by my pony to iasist upon the stria pafa m m of aY eovemom dory. ag�e®au or oanftim of this Agm®eat or to exerdse my right of remedy canse I 1 19012 a breach dwcd Shall amsub a waives afany suchbfaerb or am oda ooveamt, *MOM term or canditioa nw don it imply that Bach covenama, agtamem, tam or cooducam may be waived again. IN WITNESS WHEREOF, the parties have sec that hands this _ day of 199_ CONTRACTOR MONTICEWO HOUSING & REDEVELOPMENT ^U THORrIY By CNATC7 V K ONRACT.VPS W'af AC" By ZAI HRA AGENDA JULY 2, 1997 Enclosed is a copy of the June HRA bills. John Komarek has been bled for reimbursement to the HRA for the legal costs associated with amending the Private Redevelopment Contract. 1 believe there remains additional billing time. A motion to authorize payment of the June HRA bills is recommended. KENNEDY a GRAVEN avrmed 200 South Sbuh Suvn Subm 470 M6oie7paas, NN 55402 (612) 337-9300 June ll, 1997 City of Monticello 011ie Koropchak City Hell P.O. Box 1147 Monticello, MN 55362-9245 MN19MM54: Prairie West Project (Komarek) Invoice # 16310 (5� Through May 31, 1997 For All Legal Services As Follows: Ir 05/01/97 SJB Review contract; phone call with 011ie K re plat 0.50 ,->o005/06/97 issues SJB Phone call with J O'Neill re platting issues 0.2n 05/08/97 SIB Draft contract amendment; letter to O Koropchak; 3.50 draft amended Assessment Agreement; memo to M Ruff 05/09/97 ' SIB Phone call with M Ruff re runs needed 0.20 05/22/97 SJB Review TIF tuns; revise contract letter to O 1.00 Koropchak; phone call with M Ruff re runs Total Services: $ For All Disbursements As Follows: 05/22197 Fax � 05/22/97 Federal Express -delivery charge 05/23/97 Photocopies 05/23/97 Postage Total Disbursements: Total Services And Disbursements: Ideamurdw0wd"d1W q3 $a alr�mu+ mraed wd ,r.emna�etnrmprt Ole oft gt a of S S 67.00 q3 $C 26.80 469.00 26.80 134.001�q et t9 723.60 6.00 11.48 6.80 1.56 t�25.84 749.44 KENNEDY 8i GRAVEN ted 200 South shah Sam SWm 470 i MhWaPok 141 55402 (612)337,9300 June 11, 1997 City of Monticello 011ie Koropchar City Hall P.O. Box 1147 Monticello, MN 55362.9245 MN190-00055: Downtown Revitalization Project Invoice # 16311 Through May 31, 1997 For All Legal Services As Follows: 05/05/97 SJB Phone call with O Koropchak re acquisition and 0.25 33.50 relocation questions Total Services: S 33.50 Total Services And Disbursements: S 33.50 I Ids"tod rpatdadiew fhb Comm ddmor rnsd tIMtlid at/tbpm d ebtett.a K04MDY a GRAVEN ahatead 200 saw, Sluh UNN% Sdo 470 roeeapW4rn+ SM2 (612) 337,9300 June 11, 1997 City of Monticello 011ie Koropchak City Hall P.O. Box 1 147 Monticello, MN 55362-9245 NRS NN 190-00064: Economic Development- TIF Midwest Graphics Invoice H 16314 Through May 31, 1997 For All Legal Services As Follows: 05/07/97 SIB Phone call with 0 Iroropchar re manufacturing TIF 0.20 26.80 05/08/97 SIB Phone call with J Gongoll re manufacturing issues 0.30 40.20 05/23/97 SJB Phone call with 0 Koropchak re contract 0.20 26.80 amendment Total Services: S 93.80 Attorney Summary Stephen J. Bubul 0.70@ 134.001hr 93.80 Total Services And Disbursements: $ 93.80 160M udr over of Mr Ct ft stunt d" a drnard 'AWdqWNdqW1WP2N d1 tl = 1 KENNEDY a GRAVEN 200 South mm Spee, SWu 470 room, WN SS402 (612) 337-9300 June 11, 1997 1 .1 City of Monticello 011ie Koropchak City Hall P.O. Box 1147 Monticello, MN 55362-9245 MN190-00062: Fay-Mar Expansion Invoice # 16313 Through May 31,1997 For All Legal Services As Follows: 05/02/97 DJG Phone call with Fay -Mar attorney; revisions re 1.60 same 05/08/97 DJG Revise Fay -Mar expansion contract and cover letter 1.70 re same 05/13/97 DJG Review Marquette subordination agreement 1.10 Total Services: $ Attorney Summary Daniel J Greensweig 4.40 @ 105.00/hr For All Disbursements As Follows: 05/20/97 Photocopies 05/20/97 Postage 05/30/97 Fax Total Disbursements: Total Services And Disbursements: lent mad rPrAftdtar 0thSmorddmod�nu ne r nd tlld ro 1a.rr ixana0w d 168.00 178.50 115.50 462.00 462.00 31.40 7.03 1.00 $ 39.43 S 501.43 KENNEDY a GRAVEN aam.d 200 South SL M Sam Suite 470 Mkioupoft SS402 (612) 7- 1612)337A300 June 11, 1997 El�� City of Monticello 011ie Koropchak City Hall P.O. Box 1147 Monticello, MN 55362-9245 MN 190-00041: Redevelopment - General Invoice # 16309 'Through May 31, 1991 For All Legal Services As Follows: 05/01/97 SJB Phone call with O. Koropchak re proposed 0.75 100.50 manufacturing TIF: fax statutes: gather sample by-laws 05/05/97 SJB Phone call with O Koropchak re Manf. 0.50 67.00 TIF/Midwest Graphics; phone call with J Gongol re same 05/07/97 S>B Prepare for and attend NRA meeting 4.50 603.00 Total Services: S 770.50 For All Distimsements As Follows: 05/01/97 Fax 0.00 05/22/97 Fax 0.00 Total Disbursements: S 0.00 Total Services And Disbursements: S 770.50 lee - WWWOuryrorIw Ori ami dein or danuM 1� eneErrro a. f OWWW 'C 0 KENNEDY a GRAVEN owtu.a 200 Saudi SIM Sate, Sub 470 t+aivinpa8ti, MI 55402 (612) 337-9300 ` \ ` R June 11, 1997 l/ Monticello EDA 011ie Koropchak PO Box 1147 Monticello, MN 55362.9245 MN325-00001: Tappers Loan Invoice N 10218 Through May 31, 1997 For All Disbursements As Follows: 05/01/97 Postage 10.75 Total Disbursements: S 10.75 Total Services And Disbursements: $ 10.75 Ji , 01 W1a,to.d6,6+a. YIIrQJ/Mp� talent "ciu:UY " Monticello HRA PO Box 1147 Monticello MN 553112-9245 June 13, 1997 MC10D-01 GENERAL R� C,,,-'4 CEJ fflIP7 MTR Seminar for HRA1CRy CourmA �\ t 5120197 MTR Redo Prairie vrest numbers V �Total Due This Month: Previous Balance: M7- Payment - thank you Total Balance Due: Hours Amount 1.75 183.75 0.50 52.50 2.25 $236.25 526.25 (526.25) 5236.25 I PLEASE KEEP WHITE COPY FOR YOUR FILE AND REMIT PINK COPY WITH PAYMENT TO: EHLERS AND ASSOCIATES, INC. 200 Nonwu C«u« 00 South Seventh Suety MIMUPOS MN 55102.4100 1512) 3395201 /r HRA AGENDA JULY 2, 1997 9. Consideration of=iecty les- a) Redevelopment District No. 1-22 Homestead Center Project - Enclosed is a letter from Kris Graham with an update of the preliminary feasibility study from their marketing film Enclosed is a copy of the typical agreement a sponsor enters into with Homestead, this for your review only at this point. A meeting has been scheduled for July 15 between Brad Johnson, Lotus Realty Services, a developer; Fred Patch; Kris Graham; and Koropchak to discuss the overall concept for development of the elderly housing center, upscale multi -family rental wits, and hotel. The intent of the meeting is to gage the interest level of the developer, Brad Johnson, for participation. Please consider one or two dates for a tour of the Homestead Crnter Project in gross Lake. Mall Redevelopment - Activity continues for interest in redevelopment of the Mau; however, nothing to report at this time. Rerrellgas relocation - The local manager has expressed interest in relocation and two 1-2 sites have been identified as possibilities. Downtown Rehab Incentives - The EDA is in the process of developing guidelines for three types of rehab incentives for property owners interested in rehabilitation of properties located within the four -block area of Walnut and Broadway. Incentives will be / tied to design guidelines. b) Allied Companies/Midwest Graphics Enclosed is a copy of the informational item submitted to Council members relating to the new financial tool called "Abatement Authority" which is authorized by the Council. 1 thought it might be an appropriate use to offer Steve Krenz as an alternative to TIF which is not applicable due to the "greets acres" requirement. One of the Council members would appreciate some feedback from the HRA relating to the use of this tool for Midwest Graphics. Big Lake has contacted Mr. Krenz for marketing Big Lake's new industrial park. C (aY7 cid a HOUSING CE NTER June 25, 1997 011ie Koropchak, Economic Development City of Monticello 250 East Broadway Monticello, Mmnesota 55362-9245 Dear Otte, I regret that 1 can't attend the EDA/HRA meeting on July 2, 1 will be on vacation. I know that the members will have questions regarding our findings and 1 would really like mother chance to discuss them. I have received the information regarding the preliminary feasibility study for the HOMESTEAD of Monticello project from our marketing fimt, Assured Performance (AP), in Golden Valley. Darrell Westling, President of Assured Performance (AP), preliminary looked at the number of senior s in Clear Lake; Albertville, Monticello, Elk River, Annendale that are 70 and over and had an income of $25000. or more. After a brief review of the demographics, he was very optimistic about the success of the Monticello project and suggested that it looked like we could safely build 20+ units. He raid that a larger building may be possible, but before he could recommend that he would hive to do a more in-depth look at the area using different data from other sources. I don't want to give you the impression that the seniors need to be wealthy to live in a HOMESTEAD project. On the contrary, then arc marry genion living in the HOMESTEADS that have much lower incomes but enough to pay a monthly fee. They had enough equity in their homes or capital in the bank to purchase their Homestead unit. It is possible to extend our evaluation to include more areas, and look at younger seniors with incomes of $20,000. or more. The land costs will need to be determined to really Wcutate the unit costa. If the land costs are reasonable, the cost of the units may be lower and the study area can be broadened to those with less income. Any or all of these would allow the number of units and umt costs to change. The preliminary information that we have received indicates that a HOMESTEAD Cooperative of Monticello can be very successfitl, the location and demographics are positive. As you can see, there are many variables that will need to be determined before we can really decide the final numbers. 5500 Cent Drive, Station 210 Inver Grove Heights, MN 55077.1733 �ij--%-W,r 612.451.4930 0 FAX: 614.451.5568 This is about as far as 1 can go in my evaluation without spending more foods on consultants to advise me in setting up the project. Homestead Housmg Center has no money for this. To move forward, I wM need to do a sponsorship — :.,...., for $25,000. with your community, so I can in tum do a contras with the Cooperative Development Foundation and gain access to our &70,000. for pre -development costa. I need a commitment of S25,000. from your community but I only need S6000. of that to start a more in-depth trot at the project. 7be remainder wM be requested when we start the preliminary marketing of the project. The $6000. will be placed in an account in your name and a monthly statement will be sent out so you can see how the fimds are spent and split between MHC and Monticello. I have enclosed a sponsorship agreement for your review and use. I look forward to hearing tom you soon. Sinoerely, Kris braham Project Manager C HOMESTEAD COOPERATIVE SPONSORSHIP AGREEMENT THIS AGREEMENT, dated , 19_ by and among the sponsors signing below (each, a "Sponsor") and HOMESTEAD HOUSING CENTER ("HHC"), a Mumesota nonprofit corporation. RECITALS: The parties hereto desire to investigate the feasibility of, and if feasible, to construct and operate a Homestead Cooperative (the "Cooperative") in the following location: City: State- HHC believes that substantial local mvohvnem in the Cooperative is essential for its success. The Sponsors recognize that HHC has extensive experience in planning and developing Homestead Cooperatives in several states. The parties acknowledge that certain costa will be incurred in connection with investigation and developing the Cooperative, and HHC and the Sponsors are interested in financing a portion of the initial costa. THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereto agree as follows: SERVICES AND OBLIGATIONS OF HOMESTEAD HOUSING CENTER. I.I. Best Efforts to Develop Coo retire. HHC will use it best efforts to investigate the feasibility of developing the Cooperative, and if HHC determines the Cooperative to be feasible, to develop the Cooperative, including all customary responsibilities associated therewith, from the date hereof through and including the completion of construction and the election of rnanagement of the Cooperative. The developmem activities of HHC will include a feasibility study, community meetings, mews releases and brochures. If HEC determine in its sole discretion that there is sufficient interest in the Cooperative. HHC will proceed to obtain an option to purchase or a purchase agreement for a parcel of land, prepare construction drawings, hire and train a marketing person, and continue all marketing efforts. HHC will arrange for financing necessary to carry out development of the Cooperative. HHC will provide the services of its architect and attorney. HHC will select a construction contractor of its choice, wherever possible utilirdrtg local resources. HHC will provide services to the shareholders in organizing the Cooperative, including the hiring and training of the necessary personnel. HHC will arrange construction inspections and assist the Cooperative to completion. HHC will provide the ne essary legal documents and see to the organisation of the Board of Directors of the Cooperative, and will assist the Board for approximately one year following completion of construction in such matters as HHC and the Board deem advisable. 1.2. HHC Seed Money Financing. HHC will provide funds of approximately Seventy Thousand Dollars (570,000.00) ("HHC Sad Money") to fiord investigation and development costs prior to construction of the Cooperative, provided that the Sponsors are timely fiunishing Sponsors' Sad Money (as defined below) pursuant to Section 2.1 hereof. 1.3. Indemnity of Sponsors. HHC agrees at all times to keep, save and hold harmless the Sponsors from and against any and all actions, proceedings, claims, demands, losses, outlays, damages, judgment, or expenses, including reasonable legal fees, which the Sponsors may in any way incur in defending or prosecuting, settling, or discontinuing any proceedings or action or claims arising in any way out of the acts or omissions of HHC. 1.4. Completion of Responsibilities. HHC will proceed with all prudent and possible speed toward successful conclusion of its responsibilities. OBLIGATIONS OF SPONSORS. 2.1. Soonsors' Seed Money. Each of the Sponsors signing below commits and agrees to advance as necessary, in proportion to each other Sponsor's commitment, the portion designated opposite its signature below of Twenty -Five Thousand Dollars (525,000) in local seed capital ("Sponsors' Seed Money") to be used by HHC to match the HHC Seed Money for development of the Cooperative. The Sponsors' Seed Money is to be used at the discretion of HHC solely for expenses incurred by HHC in developing the Cooperative. Advances of Sponsors' Seed Money shell be in the form of a loan to HHC from the Sponsors; provided that such loans shall be repayable solely from construction tion or permanent loan financing for the Cooperative, and if the Cooperative for any reason is not developed, such advances of Sponsors' Seed Money shell be deemed to be a non -repayable grant from the Sponsors to HHC. Sponsors' Seed Money shall be advanced to HHC as follows: 2.1.1. Feasobili : Six Thousand Dollars (56,000) upon execution of this Agreement, to be spent for preliminary feasibility analysis, site options, subsoil investigation and preliminary, marketing and design. 2.1.2. Dsvelomment and Marketing: Nineteen Thousand Dollars (519,000) upon HHC's decision to proceed with design and marketing of the Cooperative. Funds will be expended to pay for development and marketing costs, including, but not limited to, marketing staff and overhead, and architectural piens and specifications. All advances of Sponsors' Seed Money (other than Sponsors' Seed Money at any time determined to be a non -repayable grant) shall bear an interest from the date advanced until repaid at the rate of % per annum. Should any Sponsor (a "Non-Advanc4 Sponsor") refuse to advance against its commitment within ten (10) business days of receipt of notice from HHC, thea HHC shall have, the right to seek a replacement commitment from a replacement Sponsor and all prior advances from the Non -Advancing Sponsor shall be immediately deemed to be grants to HHC, with HHC having no repayment obligation with respect thereto, whether or not the Cooperative is successf idly developed. 2.2. AMIEmml of Advisors. Each Sponsor approves the appointment of the following local advisors, with whom HHC may consult with respect to development of the Cooperative: 2.3. Indemnitv of HHC. Each Sponsor agrees at all times to keep, save and hold harmless and to defend and indemnify HHC, its directors, officers, and employees, from and against all actions, proceedings, claims, demands, losses, outlays, damages, judgments, or expanses, including legal fees, which HHC may in any way incur in defending or prosecuting, settling, or discontinuing any proceedings or actions or claim arising in any way out of the acts or omissions of such Sponsor. MISCELLANEOUS. 3.1. Abandonment of Coogntive DeveloQment. If HHC determines in its sole discretion that the development of the Cooperative is not feasible for tory reason, then HHC may determine to abandon the project and terminate and cancel this Agreement. Upon abandonmem, HHC shall have no liability for any repayment of Sponsors' Seed Money advanced from any Sponsor, except as provided herein. The parties hereto &gree that repayment of such Sponsors' Seed Money by HHC will not be required, and that such advances will be forgiven. If, however, at the time development of cooperative is terminated, HHC shall have received advances from Sponsors that are unspent and not committed to pay an expense already incurred, then HHC shall refund such unspent advances to Sponsors (excluding, however, Non -Advancing Sponsors) on a pro rata basis based upon the relative investment of each Sponsor. in the event of project abanndonm m, HHC will attempt to sell any properties or assets related to development of the Cooperative them under its control and will distribute the net proceeds of such ales between itself and each of the Sponsors on a pro rata basis determined by the relative i investment of HHC Sad Money and Sponsors' Seed Money in the Cooperative project. 3.2. Notis&5. In the event that a claim is made by any person against one of the parties in this Agreement related to the Cooperative or the services described in this Agreement, such party shall notify all other parties within ten (10) days of knowledge of such claim. All communications hereunder shall be in writing and, except as otherwise provided, shall be delivered at, or mailed by registered mail, or sera by facsimile machine to, the following addresses: If to HHC: Homestead Housing Center 5500 Cemex Drive, Station 210 Inver Grove Heights, MN 55077-1733 FAX: (612) 451-5568 If to Sponsors: To the addresses set forth opposite their names below. 3.3. QflJx Sneer. The Sponsors will eraoge for the availability of office space to atccesd* market the cooperative concept and the project development. Such space "be made available at no charge to HHC or the Cooperative. 3.4. Naha to Existing Homestead C000eratives. Sponsor agree to visit at least one of the existing Homestead Cooperatives as early as possible, so that they may be r able to promote the Cooperative within the City and the surrounding community. 3.5. Marketing Recognition. The names of all Sponsors will be appropriately recognized on all marketing materials prepared by HHC. 3.6. Count=art SiggMures. This Agreement may be executed in any number of counterparts. HOMESTEAD HOUSING CENTER By Its: Date* i SPONSORS: CoMA9TMEN DATE lk- I $ [Name of Sponsor] By: Its Address: FAX: 2• $ [Name of Sponse] By: Its Address• FAX 3. S [Name of Sponsor] By: Its Address- ' FAX: 4. S [Name of Sponsor] By: Its Address: FAX: S S. [Name of Sponsor] By: Its. Address: FAX: c ATP: "MAI I*"? INFORMATIONAL ITEM G \C;) "Abatement Authority" Statute by 011ie Koropchak Enclosed is a copy of the summary of the "Abatemem Authority' Statute. 'Ibis public financeleconomic development tool is a result of the 1997 Legislative Session and the summary was drafted and presented at a recent Kennedy & Graven seminar. This information is being provided to Council members to create an awareness of the new tool and as an option available to taxing jurisdictions. Secondly, the information provides the Council with the opportunity to ask questions. And lastly, because the City is the governing body of the "abatement authority' and not the HRA or EDA. I'm interested in the Council's receptiveness for Utilization of the new public fittance/economic development tool. At the suggestion of the HRA Attorney and myself, it is recommended local policies be developed prior to any use. Because the Monticello Commerce Center and Monticello Market Place parcels lie within the property tax classification of "Green Acres" per the Nfirmesota Statutes certain requirements must be met in order to qualify for establishment of a TIF District. 'Ibis provision was passed into law in 1995. Under the "Green Acres" requirement a proposed facility must be 85% mamrfacturing or production space of tangible personal property, mehtding processing resulting in the change in condition of the property. Warehousing, packaging, telemarketing, and office space does not quaI4 as part of the 85% manufacturing space. This requirement places an incumbrance on a majority of the properties zoned for industrial development in Monticello. The owner of the Monticello Commerce Center parcels requested removal of the "Green Acres" states in 1995, therefore, the incumbrance will be removed from these parcehm November 2000. T'he HRA was presented with a proposal for the construction of a 44,000 sq ft tip -up panel industrial building. The proposed structure would consist of 37,400 sq ft of production and alatehtatse space and 6,600 sq ft of office space. In order to utilize TEF, the proposed structure must consist of 37,400 sq R of manufacturing or production space (not warehousing) which does not street the needs of the company. Due to the increased monitoring of TIF by the State Department of Revenue, the HRA and city is advised not to proceed with TEF assistance unless the company is willing to substantiate findings for the "green acres" requirement. With the use of the abatement, the City is = subject to an HACA Penalty or the local contribution match as applied through the use of TEF. However, the abatement does lie within the tax levy of the Cay. Is the Council receptive to offering the "Abatement Authority" to this company as an altemative to TIF! Please call the at 271-3208 for more information or questions rather than discuss at a public meeting. Enclosed is a copy of the employment opportunities for this proposed development. Based on a finished building value assumption of 51,400,000. the maximum annual abatement by the Cay of Monticello is estimated to be approximately 510.300. The County could also be requested to consider the "Abatement Authority." 13. ARA Tax Levy. Previously, HRA's were authorized to levy a tax for their general corporate purposes, with a limit of .0131% of the jurisdiction's taxable market value, plus a levy for relocation services in an amount not to exceed .0013% of market value. These levies have now been consolidated into a single levy limit of .0144% of market value, and the proceeds may be used for any HRA corporate purpose. Article 2. Section 43._ Abatement Authority. Article 2, Sections 45 to 48 creates new statute Sections 469.1812 to 469.1815. Cities, towns, schools and counties are each given the authority to rebate the taxes imposed by that entity (but not taxes of any other jurisdiction). 1. General Requirements: The governing body must find that the abatement will: (1) produce benefits to the political subdivision at least equal to the costs; Ed (2) the abatement is in the public interest because it will increase or preserve tax base; provide employment opportunities in the political subdivision; provide or help acquire public facilities; help redevelop or renew blighted areas; or help provide access to services for residents of the political subdivision. 2. Procedure, Terms: The governing body must adopt an abatement resolution after a noticed public hearing, stating the amount of and reasons for the abatement. The abatement may last for up to 10 years. The total abatements in any year may not exceed 5% of the current levy or S100,000, whichever is greater. The political subdivision may not abate the tax attributable to the value of the land or, in the metropolitan and taconite areas, to the areawide fiscal disparities tax. After expiration of the term, an additional abatement may not be granted for existing improvements on that parcel for 8 years. The terms may be modified every second year, unless the original resolution provides for no modifications. Note: school districts are subject to different limitations: the abatement must be granted annually, are renewed for up to nine additional years; the maximum abatement for any property is: (the net tax capacity) x (the school district's total tax tate less one-half the general education tax rate for that year). Mechanics. Bonding: Property owners receiving an abatement pay their taxes as usual; the political subdivision pays the abatement amount as a rebate to the property owner. Political subdivisions may also issue revenue or general obligation bonds secured by the abatements. However, a voter referendum is required for general obligation bonds. The maximum principal amount of the bonds is the stun of the anticipated abatements. Proceeds may be used for (1) public improvements that benefit the propery; (2) acquire and convey land or other property; (3) reimburse the property owner for the cost of improvements made to the property; or (4) 23 costs of issuance of the bonds. One political subdivision may issue bonds secured by abatements granted by other participating jurisdictions. 4. Effective Date: Effective for taxes payable in 1998. D. Tau Increment Financing. Most observers expected major revisions to tax increment law, following major studies and reports issued in 1996 by the legislative auditor and state auditor. In fact, the changes are modest. The following references are to Article 10 of the Act (House File No. 2163), unless otherwise noted: I. Redevelopment Finding+ in Redevelopment Districts. A municipality must make an interior inspection of a building in order to find that it is substandard. unless it cannot gain access and the evidence otherwise supports the finding. (Section 1) Effective for districts filed for certification after June 30. 1997. Evidence of the redevelopment findings (including reasons why an interior inspection was not made, if applicable) must be documented in writing. (Section S) 2. Llmitatiom on Use In RedevelopmenvRenovatioo and Renewal Districts Section 469.176. subd. 4j. requires that 90 percent of the revenues be used to finance the cost of correcting conditions that allow creation of a redevelopment or renovation and renewal district, including a list of named costs. The list is clarified as a non-exclusive list of examples, and key items are added: rehabilitation of structures. and costs related to removal or remediation of hazardous substances. The change is effective for all districts to which this restriction applies (those filed for certification after October 4, 1999), and prior expenditures in accordance with the revised language are validated (Section I). 3. Definition of Tas Inerement. The term 'tax increment and variants of that tern are defined to include: (1) taxes paid on the captured net tax capacity (i.e., actual to increment); (2) proceeds from the sale or lease of property purchased with tax increment: (3) repayrrtmts of loans or other advances made with tax increment; and (4) interest or other investment earnings on or from tax increment. Clauses (2) autd (3) apply to districts filed for certification after Juane 30. 1992, but only for proceeds from sales. leases or loans made after June 30. 1997. Clause (4) relating to interest applies to all districts filed for certification after July 31, 1979, but only for investment earnings received after July 1, 1991. (Section 2) 4. Solls Condition Districts Ettended. The duration of soils condition districts is extended. from 12 years after plan approval to 20 years after receipt of the first increment. (However, under current law the tens soil district is a misnomer: it may only be crested to remediate hazardous 24 , HE: Monticello Project I am happy that you are receiving cooperation from the city on our project. I am anxious to discuss the preliminary plans and costs. I have provided the information you have reqested below regarding the effect of our business expansion. 1. Present full time positions in Monticello: 20 2. New full time positions created by the project: 22 + 3. Average wage per new position: $7.50/hour 4. *Company paid fringe benefits: Retirement. Plan Health Insurance Short loan Disability Life Insurance S[:cl 1 6-� It June 5, 1997 MDPTi-IL'E W 250 East Broadway P. O. Box 1147 Monticello, MN 55362-9245 Phone: (612) 295-2711 Metro: (612) 333-5739 Fax: (612) 2954404 Ms. Linda Smith Little Mountain Flowers P.O. Box 695 Monticello, MN 55362 Dear Linda: This is a letter to inform you as to the use of the 111 West Broadway parcel owned by the Monticello Housing and Redevelopment Authority. At the June 4, 1997 HRA meeting, the commissioners approved granting permission to the Downtown Merchants Association for a one - day use of the West Broadway parcel subject to the Merchants Association carrying liability insurance and returning the property to its original state. The one -day use is for Saturday, August 9, 1997, the date of the fhrmer's market. Linda. the farmer's market is a wonderful idea. Should you have any questions, please do not hesitate to call me at 271-3208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OFF MOONTICELLO, MINNESOTA 011ie Koropchak Executive Director cc: File n OjjW of Public Works, 90 Goff Courw Rd, Montketlo, MN 88J84 • Phos( (812) 2M170 • Pas t812 4B8,r170, at /