HRA Minutes 01-15-1992
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MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, January 15, 1992 - 7:00PM
City Hall
MEMBERS PRESENT:
Chairperson Al Larson, Ben Smith, and Tom St.
Hilaire.
MEMBERS ABSENT:
Lowell Schrupp and Everette Ellison.
STAFF PRESENT:
Ollie Koropchak.
STAFF ABSENT:
Rick Wolfsteller and Jeff O'Neill.
GUEST:
Paul Weingarden, City Attorney
Kevin Schmitz and Pauline Carlson, Prestige
Builders.
1. CALL TO ORDER.
Chairperson Larson called the HRA meeting to order at 7:02 PM.
2.
CONSIDERATION TO APPROVE THE DECEMBER 4, 1991 HRA MINUTES.
Ben Smith made a motion to approve the December 4, 1991 HRA
minutes, seconded by Tom St. Hilaire and with no corrections
or additions the minutes were approved as written.
3 .
CONSIDERATION TO HEAR ATTORNEY WEINGARDEN REVIEW THE PROPERTY
TAX FORFEITURE PROCEDURE.
Chairperson Larson welcomed Attorney Weingarden. Mr.
Weingarden informed the HRA his property tax forfeiture
information was from the Minnesota Statutory, other State
departments, and the Hennepin County Tax Forfeiture Office.
Attorney Weingarden:
Tax Delinquencies
1. Judgement taken 2nd Monday in May for previous years
delinquency, if missed in 1991 then judgement is taken
May 1992.
2.
Judgement Process:
A) Auditor publishes list of delinquent properties.
B) Publication for three weeks.
C) List delivered to Clerk of Court.
D) Clerk bids in name of State.
E) In subsequent years, amounts added to original. No
new judgement.
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HRA MINUTES
JANUARY 15, 1992
3. Redemption Process:
A)
B)
C)
From date of judgement - three years non~homestead.
From date of judgement - five years homestead, ag,
seasonal recreational.
Use in first year of judgement is taken to
determine classification.
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4. Stopping Process:
A) Prior to forfeiture or sale or condemnation,
homeowner can enter confession of judgement
(279.37).
a) Non or homestead, or commercial over $100,000
- $45 for plan, 10% down and balance over 9
years, must keep current.
b) Commercial under $100,000 or vacant land - $45
for plan, 20% down and specials paid, and
balance over 4 years, must keep current.
c) If payment missed, notice is sent and
forfeiture process starts.
5. Forfeiture Process:
May 14 is operative date.
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A)
As redemption period approaches (after January 1),
auditor prepares notice of expiration of
redemption.
a) Notice served personally on occupants or
(attention of vacancy attached). Publish
notice three weeks.
Certify mail to:
b)
State and
Authorities
taxpayer of
B)
Mortgagees,
Federal Tax
if liens, and
last known.
Expiration within sixty days of service or May
14, whichever is later. This vests title in
State.
File Auditor's
Recorder.
All taxes and
forfeiture.
property, not
liens.)
After forfeiture homeowner and interested parties
can petition for repurchase (282.241-341).
a) One year after Rx for non-homestead.
b) Technically never (always) for homestead, ag,
seasonal, etc. unless cut off by sale or
condemnation.
c)
d)
certificate
with
County
e)
specials
(County
release
are "cancelled" by
has right to sell
of State or Federal
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HRA MINUTES
JANUARY 15, 1992
c)
Repurchase restores
satisfy mortgages
mortgagees.
Vote of County Board
"status quo"
or convey
- does not
title to
d)
must be majority only.
6.
Sale
A)
B)
Procedure:
County Board classifies property either as
conservation or non-conservation.
Letter to City and DNR with following (not
necessary for township):
a) Advises of options if:
Private sale to adjoining owners where lot is
unbuildable (282.01 sub 2a), Private sale to
municipality (282.01 sub la), or Public sale.
b) Notified of classification (non-conservation
or conservation).
c) Request amount of specials on property.
City given 90 days to respond, if no response,
County can sell at public sale.
c)
PRIVATE SALE TO CITY:
A) Within 90 days of notice (or on City's initiative),
City asks County to withhold land from public sale.
County must comply.
B) City (or entity such as HRA, EDA) applies to
Commissioner of Revenue for private sale.
C) Above application requires recommendation of County
Board (letter).
D) Sale not mandatory - says "may"
a) if positive recommendation, rubber stamps.
E) Must be for authorized public purpose.
F) No requirement City pay - Hennepin County gives it
away - even if pay, 90% goes back to Ci ty for
specials anyway. Can then reassess after back in
private hands.
G) If property sale is for more than specials, dollars
are split, 40% school district, 40% county, and 20%
city.
H) State and Federal Tax 1 iens not released. Must
notify and negotiate for release. They have
formula, etc.
I) Terminates opportunity to repurchase.
J) Must do Quiet Title.
Private sale is quick, controlled, and cuts off right to
repurchase.
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HRA MINUTES
JANUARY 15, 1992
PUBLIC SALE:
A) Publish notice of sale at Court House.
B) No requirement for annual sales; held as needs
require and action of County.
C) Sale is ei ther cash or 5-10 years Contract for
Deed.
D) Same situation with Federal Tax liens.
E) No right of redemption - must do Quiet Title.
F) Ends repurchase option.
G) Money goes first to administrative expenses, then
to City to pay back specials, then to formula if
dollars is there.
H) City can reassess under 429. Must still show
benefit.
I) Purchase price determined by County Assessor.
7. Cleanup:
A) State and County not liable for cleanup of tax
forfeited land, believe prior owner liable.
B) City should not obtain title if contaminated,
~ "innocent landowner" exception, - must check out
status 64 acquisition.
Advise was to check Environmental Claim (issue), check and ask
title questions, and talk to County about land use and
classification.
Tom St. Hilaire made a motion for Ci ty Staff to prepare a
request for proposal and bids to clean up the Gille Property
both above-ground and below-ground. The motion was seconded
by Ben Smith. Discussion determined to first ask the County
for permission to enter the Gille property for site evaluation
and that RFP's be made available to certified contractors only
for underground tank removal. Without further discussion the
motion passed unanimously.
4. CONSIDERATION TO HEAR KEVIN SCHMITZ PRESENT THE COTTEGE HOME
HOUSING CONCEPT.
Chairperson Larson gave a brief background of his conversation
with Mr. Schmitz at the Expo '91, stating the HRA's interest
in upscale townhome housing for the elderly.
Mr. Schmitz informed the HRA that the st. Cloud market for
attached townhomes was not positive; however, the cottege home
concept with a five foot separation between homes has been
very successful. At present, Prestige Builders are working
wi th the Ci ty of sartell for development of this concept.
Price range in Monticello estimated at $80,000 to $120,000
without lot. The two plans shown the HRA had 1,400 to 1,500
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HRA MINUTES
JANUARY 15, 1992
square feet of first floor living space with attached garage,
two or three bedrooms, basement, three season sun room, etc.
The HRA was interested in the Prestige Builders concept.
The HRA could participate by locating a site and establishing
a Redevelopment District for demoli tion of blighted
structures. Attractive site locations mentioned were along
River Street/Front Street. Location sites are to be
identified for the next HRA meeting.
5.
CONSIDERATION TO ELECT 1992 HRA OFFICERS:
VICE CHAIRPERSON.
CHAIRPERSON AND
Upon the suggestion of Chairperson Larson the election of
officers was tabled until the next meeting to allow a majority
of the HRA members to be present.
6. CONSIDERATION TO REVIEW THE liRA CENTRAL MONTICELLO
REDEVELOPMENT PROJECT AREA AND TIF DISTRICT AREAS.
Tabled.
7 .
CONSIDERATION TO REVIEW BDS, INC. BILLING.
The HRA authorized the payment of the BDS, Inc. billing and
will review the billing at the next meeting.
8 .
CONSIDERATION OF PROJECT UPDATES.
Koropchak informed the HRA that the Aroplax project seems to
be alive again for Monticello; however, no further funding
application process will be done until the City has a location
commitment from Mr. Schoen.
The search for a site location for the 20,000 sq ft basic
design facility for a subsiduary of Ultra Pack, Inc. is on
hold while the company researches cost and design of machinery
and equipment. In talking with Attorney John Dean of Holmes
and Graven, he suggested the HRA recommend the pay-as-you-go
finance method to protect the HRA is case of default. To give
the property away leaves no recourse for the HRA. The HRA
suggested a low purchase price (market value) to encourage a
quick sale of the property.
9.
OTHER BUSINESS.
Koropchak asked the HRA of their interest in a townhome
development for moderate income families ($20,000-$25,000).
With financing from the Minnesota Housing Finance Agency, the
$52,000, 1,130 sq ft homes are rented for a cost of $439 per
month. The townhomes private back driveway are centered
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HRA MINUTES
JANUARY 15, 1992
around playgrounds and green space with the front entrance
facing the publ ic street. Mr. Larry Olson of Metro Plains
Development, Inc. is marketing the concept of which they
maintain ownership. Developments have occurred in the
Dakota's and Minnesota. The HRA was not interested in the
concept; however, acknowledged the developer's right to
proceed.
Koropchak reviewed the projected property tax increases for
payable 1992 with the HRA.
Koropchak noted the amortization schedule enclosed in the
agenda for HRA loan payback to the City for Lots 5 & 6, Block
3, Oakwood Industrial Park.
10. ADJOURNMENT.
The HRA adjourned at 8:45 PM.
C5~
Ollie Koropchak, HRA Executive Director