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092407 EDA ~ 1. Call to order 2. Roll call CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North September 24,2007 EDA Meeting will commence upon adjournment of the City Council Meeting President Martin Opem Sr. Commissioner Andy Hoffe Commissioner Karen Nolte Commissioner Steve Sommer Commissioner Daniel Stauner 3. Approval of regular meeting minutes of September 10, 2007 4. Resolution authorizing signatures on certificate of completion related to Winnetka Green (improvement project no. 751) 5. Adjournment EDA Minutes Regular Meeting CALL TO ORDER ROLL CALL APPROVE MINUTES IMP. PROJECT 776 Item 4 EDA Meeting Page 1 CITY OF NEW HOPE 4401 XYLON A VENUE NORTH NEW HOPE, MINNESOTA 55428 September 10, 2007 City Hall President Opem called the meeting of the Economic Development Authority to order at 8:50 p.m. Present: Martin Opem Sr., President Andy Hofk Commissioner Karen Nolte, Commissioner Steve Sommer, Commissioner Absent: Daniel Stauner, Commissioner Staff Present: Kirk McDonald, Director of Community Development Curtis Jacobsen, Community Development Intern Eve Lomaistro, Human Resources Coordinator Steve Sondrall, City Attorney Jason QuisbE;rg, Assistant City Engineer Motion was made by Commissioner Nolte, seconded by Commissioner Sommer, to approve the Regular Meeting Minutes of May 14, 2007. Voting in favor: Opem, Hoffe, Nolte, Sommer; Voting against: None; Absent: Stauner; Abstained: None. Motion carried. President Opem introduced for discussion Item 4, Resolution authorizing signatures for Certificate of Completion and Release of Forfeiture related to the Linden Park Condominiums, a project by PPL (Project for Pride in Living) at 5445 Boone Avenue North (improvement project no. 776). Mr. Curtis Jacobsen, community development specialist, explained that the EDA entered into a contract for private redevelopment with Project for Pride in Living (PPL) in October of 2004 for a two-phase project: 1) a 35-unit apartment complex at 5501 Boone; and 2) a 41-unit condominium building at 5445 Boone. He stated the developer has requested issuance of the Certificate of Completion of the condominium complex so that closings could occur in late September. He stated a certificate of occupancy was issued on August 31. Mr. Jacobsen reviewed the restrictions on non-owners as outlined in the contract. He noted 95 percent of the 41 units are required to be initially sold to owner occupants. He stated there are other provisions within the Local Housing Incentive Account funding from the Metropolitan Council that restrict 20 units permanently through the use of long term deed restrictions to buyers at 80 percent of area median income. He commented that based upon the legal restrictions, only two of the 41 units could be sold directly to investors. September 10, 2007 EDA RESOLUTION 07-02 Item 4 ADJOURNMENT EDA Meeting Page 2 President Opem inquired whether there was a law change as the city was unable to enforce such an owner-occupied restriction at the Winnetka Green development. Mr. Steve Sondrall, city attorney, indicated the difference likely relates to the use of tax increment financing (TIP). Mr. Kirk McDonald, acting city manager, pointed out that restrictions differ based on the type of TIP district, and noted the PPL project was within a TIF "housing" district and Winnetka Green was part of a TIF "development" district. He noted he would consult Krass Monroe for clarification. Commissioner Nolte suggested an improved means of the contractor keeping the city informed when construction changes become necessary. She commented regarding the hard court surface area at the PPL site. Mr. Jacobsen noted PPL has agreed to enlarge the area to 20x20 feet, and the city is holding a $5,000 cash deposit. Mr. McDonald stated the city engineer and city inspectors review the project on an ongoing basis and reductions to financial guarantees are not brought forward without site inspections. Mayor Opem stated any time there is an agreement for a playground area in lieu of a dedicated park fee, the site should be built according to plans unless the change is approved by the Council/EDA. Commissioner Nolte introduced the following resolution and moved its adoption: "RESOLUTION AUTHORIZING SIGNATURES FOR CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE RELATED TO THE LINDEN PARK CONDOMINIUMS, A PROJECT BY PPL (PROJECT FOR PRIDE IN LIVING) AT 5445 BOONE AVENUE NORTH (IMPROVEMENT PROJECT NO. 776)," The motion for the adoption of the foregoing resolution was seconded by Commissioner Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Opem, Hoffe, Nolte, Sommer; and the following voted against the same: None; Abstained: None; Absent: Stauner; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. Motion was made by Commissioner Nolte, seconded by Commission Sommer, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 9:05 p.m. Respectfully submitted, ~~ Valerie Leone, City Clerk September 10, 2007 EDA Request for Action Originating Department Approved for Agenda Agenda Item Community Development September 24, 2007 EDA Item No. By: Kirk McDonald, Acting CM Curtis Jacobsen, CD S ecialist By: 4 Resolution authorizino- si2.1latures on Certificate of Com letion related to Winnetka Green (Project No. 751) Requested Action Staff requests the EDA approve the resolution authorizing signatures on the Certificate of Completion and Release of Forfeiture related to Winnetka Green, southeast quadrant of Bass Lake Road and Winnetka A venue North a project by Ryland Group, Inc. Policy/Past Practice It is past practice of the EDA to authorize signatures on the Certificate of Completion and Release of Forfeiture when the Developer has completed the 1\1inimum Improvements and has been issued a Certificate of Occupancy for any individual residential unit in that building. This Certificate of Completion and Release of Forfeiture is similar to the ones approved for Emerald Pointe Apartments and Linden Park condominiums. Background The EDA entered into a Contract for Private Redevelopment with Ryland Group on January 26, 2004, for a two phase project, 175 unit development, for the redevelopment of the site at the southeast quadrant of Bass Lake Road and Winnetka Avenue North. The first permit for building construction in the project was issued July 2, 2004, the building was finaled on December 8, 2004 and a Certificate of Occupancy was issued on December 14, 2004. This project was conducted as a TIP redevelopment district making requirements for this project considerably different from those of the Linden Park Condominiums which were completed under TIF Housing Dish'ict regulations. (See attached letter from Krass Monroe) Staff and the city attorney recommend the approval of a Resolution authorizing signatures on the Certificate of Com letion. Motion by j/ .,J'OJW-YUA" Second by Llr~t-,- To: ibt fiJA /1 'Q {; 7-03 I: \ RF A \ PLANNING \PLA.NNlNG \ Planning \ Q & R - Cert of completion Winnetka Green.doc Page 2 Request for Action September 24, 2007 Attachment(s) e Resolution e Attorney letter (8-31-2007) e Certificate of Completion e Copy Certificate of Occupancy e Copy of Building Permit e Memo Krass Monroe (9-11-2007) e Contract for Private Redevelopment excerpts I: \ RFA \ PLANNING \ PLANNING \ Planning \ Q & R - Cert of completion Winnetka Green.doc City of New Hope EDA Resolution No. 2007-_ Resolution authorizing signatures for Certificate of Completion and Release of Forfeiture related to the Winnetka Green housing project a project by Ryland Group, Inc. (Improvement Project No. 751) WHEREAS, the EDA is requested to issue the Certificate of Completion and Release of Forfeiture for Winnetka Green; and WHEREAS, the Contract for Private Redevelopment states that the EDA will promptly furnish the Redeveloper a Certificate of Completion after completion of the projects Minimum Improvements; and WHEREAS, the Minimum Improvements are deemed to be completed when the City has issued a Certificate of OccuEancy for any individual unit of that building; and WHEREAS, a Certificate of Occupancy for the building at 7801 Elm Groove A venue was issued on December 14, 2004. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of New Hope, Hennepin County, Minnesota: 1. That the President and Executive Director are hereby authorized and directed to sign the Certificate of Completion and Release of Forfeiture for the Winnetka Green project, located in the southeast quadrant of Bass Lake Road and Winnetka Avenue North. 2. The City Clerk shall provide Ryland with a signed copy of this resolution and the signed Certificate of Completion. Adopted by the Economic Development Authority of the city of Ne\v Hope, Hermepin County, Minnesota, this 24th day of September 2007, President Attest: Executive Director I: \ RF A \ PLANNING \ PLANNLl\JG \ Planning \ Q & R - Cert of completion Winnetka Green.doc LESLIE A. ANDERSON GORDON L, JENSEN! A.1\1Y E. PAPEl\'HAUSEN STEVEN A, SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law August 31, 2007 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Winnetka Green Master Association Our File: 99.20401 Dear Mr. McDonald: 8525 EDINBROOK CROSSING, STE, 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHO:NE (763) 424-8811 . TELEFAX (763) 493-5193 e-mail law@jasattorneys.com Writer's Direct Dial No.: (763) 201-0228 e-mail aep@jasattomeys.com At the request of Steve Sondrall, I am sending you the enclosed Certificate of Completion and Release of Forfeiture relative to the Wirinetka Green property. When the City conveyed the property to the Ryland Corporation, the City retained a right of forfeiture and additionally there were some conditions relative to the completion of the property. It is now appropriate to release the conditions and the right to forfeiture, Please have the appropriate individuals sign the enclosed document and return it to my attention. Our office will then forward the document to the Ryland Corporation for recording. If you should have any questions or concerns, please do not hesitate to contact me. Very truly yours, C~~ ." . .~\'~:\'~---'" Amy~nhausen -- Enclosure(s) cc: Steve Sondrall Curtis Jacobsen CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, the New hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota, as Deed Document Numbers 8393076 and 8481595, respectively, has conveyed to The Ryland Group, Inc" a Maryland corporation, (the "Grantee"), the follov.i.ng described land in County of Hennepin and State of Minnesota, to v.i.t: See Attached Exhibit A WHEREAS, said Deed contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, said covenants and restrictions being set forth in said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor herein is released absolutely and forever insofar as it applies to the land described herein, and the County Recorder or the Register of Titles in and for the County of Hennepin and State of Minnesota is hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants and conditions referred to in said Deed, the breach of which would result in a forfeiture and right of re- entry. ,2007 Dated: NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) On this day of , 2007 before me, a notary public within and for Hennepin County, personally appeared and to me personally knovvn who by me duly sworn, did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public EXHIBIT A Abstract Parcels Lot 1 Block 3 Winnetka Green, Unit Numbers III through 116 Lot 60 Block 2 Winnetka Green, Unit Numbers 211 through 218 Lot 2 Block 3 Winnetka Green, Unit Numbers 311 through 316 Lot 61 Block 2 Winnetka Green, Unit Numbers 411 through 416 Lot 3 Block 3 Winnetka Green, Unit Numbers 511 through 516 Lot 3 Block 4 Winnetka Green, Unit Number 517 Lot 3, Block 5 Winnetka Green, Unit Number 518 Torrens Parcels Lot 23 Block 1 Winnetka Green, Unit Numbers 611 through 618 Lot 24 Block 1 Winnetka Green, Unit Numbers 711 through 718 Lot 1 Block 2 Winnetka Green 2nd Addition, Unit Numbers 811 through 818 _ _,. '""_ _.... en _ ..' .~... -- _., --, - ... -I -,_: ~'~I~~~i~~I::~~~~':(~~:~ , _0 __1'>;g" - -l:I;;: -- ::."- . Q ." {i~~~~:~;;~fl~-,-;~"'c~~i~ _ 0 0 _COd S .' IO;:l -~. ~ ... ,---- _.,L... ._::lltl!~:~~~"~O~:~:~:~~?": -,' -~ - ~. "" '-' ,,-..., - _.~- -~ p;l." ,'- ";~~~~~,_~!-i.l~~~--c~~~~~~- ~~.~_~-~t~ ....(g__ ~. ... eo--" --- - """. - ~ ~.,.,.. ". . ""2"" ..,?""", ~-;::-- .".: kli ..', . ~ .[,~,;.: . €)' _" ~ - ,~. ,- .' o_~ . ..'- o _-I'iiBf~~;~;~~~~~~~~U'_: .= -.9 tt:f _~.- -0-'" __ .... u - ...... '. -, ~..,. . __~ "",,,,,~,,,,,,,,,",,....' " _ "'"' ..~'. "'.. t=cji--l ,::,'. ~l' .<i" .,_"'-,,~.~ - Ci>' 00' - -" ,- .' . i ..;o:.~t''i'"~ G. i:!~)':\ ,,,,rJit../--. ,:' .. ----J -l. _ +rt '-'~ '" '" . c: _ p''''' -- ~ ~ - 1 PERMIT ..::. City of New Hope 4401 Xylon Avenue North New Hope,:MN 55428 763-531-5127 Permit Type: Permit Number: Building :NH023116 Date Issued: 07/02/2004 Site Address: 7801 ELM GROVE A VB N Lot: PID: Use: Block: Addition: FINALED I~-~ "O~ Description: Sub Type: Work Type: Description: Census Code: Multi Dwelling Occupancy: Construction Type: Zoning: Square Feet: New New 8 unit condo Remar ks: See notes on plans Fee Summary: Surcharge - Based on Valuation Plan Review UBC 1997 - base fee Base SAC Charge Fee (Fee Group Use) 268.00 851.19 3,404.75 10,800.00 815,323.94 2383 4555 4310 Valuation: $536,000.00 Contractor: Ryland Homes 7600 Executive Drive Eden Prairie, MN 55344 (952) 229-6000 - Applicant - St. Lic.: 20035443 Owner: Ryland Homes THIS PERMIT IS GRANTED lJPON THE EXPRESS CO:NTIITIONS TRA T SAID O\VN'ER OR AGENT TO WHOM IT IS GRANTED, AND CONTRACTORS, AGENTS, WORKERS MJD EMPLOYEES SHALL COMPLY IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF :N'EW HOPE. ~ G.. ~ A nnlicHntlPp.nnitp.p.' .~iOl1H111rp T"'l"l1.o..:f t:)". c~..............+,......... KRASS MONROE James R. Casserly jcasseriy@krassmonroe.com Direct 952.885.1296 Gay L. Cerney gcemey@krassmonroe.com Direct 952.885.4393 Also admitted in New York MEMORANDUM To: City of New Hope Attn: Kirk McDonald, Interim City Manager From: Gay Cerney, Esq, James R. Casserly, Esq, Date: September 11, 2007 Re: New Hope/Boone Avenue Our File No,: 10048-21 This memorandum will explain the main differences between the Winnetka Green TIF District No. 03-1 (Special Law) and the Boone Avenue/Project for Pride in Living TIF District No. 04-2. Winnetka Green The Winnetka Green TIF District was created as a 25-year redevelopment tax increment financing district based on the current condition of the parcels included in the district. Two tests were required to be met for the creation of this district: (1) more than 50% of the buildings within the district were required to be "structurally substandard", and (2) parcels comprising at least 70% of the surface area of the district were required to be "occupied by" buildings, streets, utilities, parking lots and the like. A parcel is deemed to be "occupied by" buildings, streets, etc. if at least 15% of the surface area of the parcel is covered by such structures, Once these tests are met, there are no restrictions on the future (redeveloped) use of the property within the TIF district. In the case of Winnetka Green, residential housing was constructed on the site, There are no limitations imposed by the Minnesota Tax Increment Act relating to the income level of the buyers of the homes, whether they must be owner- 8000 NORMAN CENTER DRIVE, SUITE 1000 e MINNEAPOLIS, MINNESOTA 55437.1178 TELEPHONE 9521885-5999" FACSIMILE 9521885-5969 www.krassmonroe.com occupied or whether they may be rented after they are purchased, As discussed in the previous paragraph, only the condition of the property before the district is created is of concern in the creation and maintenance of a redevelopment TIF district. Boone Avenue/Project for Pride in Living The property within the Boone Avenue TIF District did not qualify as a redevelopment tax increment financing district because no buildings were located on the property, and thus the "blight" and "coverage" tests referred to above would not have been met. Instead, the property was created as a 25-year housing tax increment financing district. Qualification as a housing TIF district is based solely on the planned future use of the parcels for affordable housing, and the property's current use and condition is irrelevant. The qualification tests were different for the rental and ownership portions of the PPL project, but both were intended to ensure that the development will result in affordable housing as required by the Tax Increment Act: 1, The apartments was developed as a 100% low-income housing tax credit development with at least 75% of the units rented to households with incomes less than 60% of the area median income, PPL must demonstrate compliance with this requirement on an annual basis over the life of the District. 2, At least 95% of the condominium units were required to be initially purchased and occupied by households with incomes between 100 to 115% of area median income. This test is applied only to the first buyers of each unit, and resales of units are not subject to this test. G;\WPDATAWiNEW HOPE\21\COR\MCDONALD GLC 01.DOC . Page 2 Section 4.4. Certificate of ComDletion. (a) Promptly after completion of the Minimum Improvements for each Building in accordance with the provisions of this Agreement relating to the obligations of the Redeveloper to construct such improvements (including the date for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion for such Building. The Certificate of Completion shall be a conclusive determination and conclusive evidence of the satisfaction and termination of the agreements and covenants in this Agreement and in the Redevelopment Property Deed with respect to the obligations of the Redeveloper and its successors and assigns, to construct the Minimum Improvements for each Building and the date for the completion thereof. (b) If the Authority believes the Redeveloper has failed to complete the Minimum Improvements as to any Building for which a Certificate of Completion is requested by the Redeveloper, the Authority shall, within nventy (20) days after such written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Authority believes the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, and what measures or acts \vill be necessfu)l, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain a Certificate of Completion. (c) The construction ofthe Minimum Improvements for each Building shall be deemed to be completed in accordance with the Redeveloper's obligations hereunder \vhen the City has issued a certificate of occupancy for any individual residential unit of that Building. 21