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020909 EDA ~ 1. Call to order 2. Roll call CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North February 9,2009 EDA Meeting will commence upon adjournment of the City Council Meeting President Kathi Hemken Commissioner John Elder Commissioner Andy Hoffe Commissioner Eric Lammle Commissioner Daniel Stauner 3. Approval of regular meeting minutes of December 8, 2008 4. Resolution terminating the Interim Agreement with Insignia Development for non-performance (improvement project no. 795) 5. Adjournment EDA Minutes Regular Meeting CALL TO ORDER ROLL CALL APPROVE MINUTES IMP PROJECT 842 Item 4 EDA Meeting Page 1 CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 5542S December S, 200S City Hall President Opem called the meeting of the Economic Development Authority to order at 7:30 p.m. Present: Martin Opem Sr., President John Elder, Commissioner Andy Hoffe, Commissioner Karen Nolte, Commissioner Daniel Stauner, Commissioner Staff Present: Kirk McDonald, City Manager Jerry Beck, Communications Coordinator Shari French, Director of Parks & Recreation Curtis Jacobsen, Director of Community Development Rich Johnson, Human Resources Manager Valerie Leone, City Clerk Julie Linnihan, Finance Manager Kyle Mestad, Web Site Intern Steve Sondrall, City Attorney Motion was made by Commissioner Nolte, seconded by Commissioner Stauner, to approve the Regular Meeting Minutes of October 13, 2008. All present voted in favor. Motion carried. President Opem introduced for discussion Item 4, Resolutions regarding proposed Tax Increment Financing District No. OS-1 and Hazardous Substance Subdistrict No. OS-1 A (improvement project no. S42). Commissioner Stauner inquired whether a decline of property values (including commercial properties) could impact the tax increment financing district's payback schedule. Mr. Curtis Jacobsen, director of community development, indicated an analysis of that nature has not yet been conducted but will be completed in the future. He noted the school district property is a tax exempt property which is only reviewed by the assessor every six years. Commissioner Hoffe referred to Exhibit VI-E "Estimated Impact of Tax Increment Financing District No. OS-I" that shows an estimated tax capacity of $322,000. He inquired whether this exhibit is the data utilized in the preliminary calculations. Mr. Jim Casserly, Krass Monroe, was recognized. He stated the values utilized December S, 200S EDA RESOLUTION 08-13 Item 4 EDA RESOLUTION 08-14 Item 4 EDA RESOLUTION 08-15 Item 4 EDA Meeting Page 2 in the plan are for payable 2009. Mr. Casserly also confirmed that the only property proposed for TIF District OS-1 is the southeast corner of Winnetka and 42nd avenues. Discussion ensued regarding property values for the other parcels in the redevelopment area. Mr. Casserly indicated the Council was previously provided financial information for both the northwest and northeast corners, and he would make it available again if so desired. President Opem reminded the EDA and audience that the project is in the preliminary stage and currently shows a financial gap. He stated the developer will continue to refine the numbers, and if it is determined that the project is not financially feasible, the city can decertify the TIF District at a later date. Commissioner Elder introduced the following resolution and moved its adoption: "RESOLUTION RELATING TO THE DECERTIFICATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 85-2)." The motion for the adoption of the foregoing resolution was seconded by Commissioner Nolte, and upon vote being taken thereon, the following voted in favor thereof: Opem, Elder, Hoffe, Nolte, Stauner; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. Commissioner Nolte introduced the following resolution and moved its adoption: "RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (SPECIAL LAW) AND 04-1 (SPECIAL LAW) AND 04-2; CREATING TAX INCREMENT FINANCING DISTRICT NO. 08-1, AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO)." The motion for the adoption of the foregoing resolution was seconded by President Opem, and upon vote being taken thereon, the following voted in favor thereof: Opem, Elder, Hoffe, Nolte, Stauner; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. Commissioner Nolte introduced the following resolution and moved its adoption: "RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (SPECIAL LAW) AND 04-1 (SPECIAL LAW) AND 04-2; CREATING HAZARDOUS SUBSTANCE SUBDISTRICT NO. OS-lA, AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO)." The motion for the adoption of the foregoing resolution was seconded by Commissioner Elder, and upon vote being taken thereon, the following voted in favor thereof: Opem, Elder, Hoffe, Nolte, Stauner; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was December S, 200S ADJOURNMENT EDA Meeting Page 3 attested to by the executive director. Motion was made by Commissioner Nolte, seconded by Commissioner Elder, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 7:40 p.m. Respectfully submitted, ~~ Valerie Leone, City Clerk December S, 200S EDA Request for Action Originating Department Approved for Agenda Agenda Section Community Development February 9,2009 EDA Item No. 4 By: Curtis Jacobsen, Director of CD By: Kirk McDonald, City Manager Resolution terminating the Interim Agreement with Insignia Development for non-performance (im rovement roject no. 795) Requested Action Staff requests that the EDA approve the resolution terminating the Interim Agreement with Insignia Development for non-performance under the terms of the agreement. Policy/Past Practice It is a past practice of the EDA to take action as is determined to be in the best interest of the city of New Hope and the interests of the EDA. Background The EDA entered into an Interim Agreement with Insignia Development for the potential redevelopment of the Bass Lake Road Apartment site on May 14, 2007. The Interim Agreement was amended on January 28, 2008. Per the amended Interim Agreement the developer was to have submitted a completed market study for the redevelopment site. Staff contacted the developer on August 13, 2008 to remind them of their obligations under the Interim agreement. On December 18, 2008 staff contacted the developer by letter and reminded them of their obligations and that the EDA would consider termination of the agreement unless the EDA received appropriate assurances and a proposed date for submission of the market study by February 2,2009. Staff has not received any responses from the developer in the last five months. Staff recommends the EDA approve a resolution terminating the Interim Agreement with Insignia Development for the former Bass Lake Road apartment site. When the economy improves, staff will consult with the EDA and solicit development proposals for the site. Staff would request to discuss with the EDA potential short term uses for the property this summer. Some have suaaested that the site would be a ood lace for community aardens, miniature aolf, domed drivina ~ / Motion by r....L. '4 'y .(.) 7t:<-{...{..'j/V!../ v Second by To: lZcr...f-1 / t"1) 17 '/} {)9 -oj I: \RFA \ PLAl'lNlt'\jG \ PLA.Nl\.TING\ Terminate Interim Agreement 2-9-2009.doc Request for Action February 9, 2009 Page 2 range or just green space. Staff has some concerns about introducing any activities to the property this summer, since the grass is newly established and at this point it is unknown how well it will come back this season. Any heavy use of the site will be detrimental to the grasses establishment. Council feedback would be appreciated. Attachment(s) . Resolution · Letter to Insignia 12-18-08 . Interim Agreement 1st Amendment . Interim Agreement Economic Development Authority in and for the City of New Hope EDA Resolution No. 2009-_ Resolution terminating the Interim Agreement with Insignia Development for the Bass Lake Road Apartment site (improvement project no. 795) WHEREAS, the Economic Development Authority entered into an Interim Agreement with Insignia Development for the redevelopment of the Bass Lake Road Apartment site, and WHEREAS, the Interim Agreement was amended one time extending the timelines for the redevelopment of the site by one year, and WHEREAS, Insignia Development has been unable to meet the terms of the Interim Agreement due to the difficult housing market, and WHEREAS, the amended Interim Agreement authorized either or both parties to withdraw from the agreement upon forty-five days notice to the other party, and WHEREAS, on December 18, 2008, staff notified the developer of the EDA's intent to terminate the agreement. NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Economic Development Authority, of and for the City of New Hope, to terminate the Interim Agreement between Insignia Development and the Economic Development Authority as of this date. Adopted by the Economic Development Authority of the city of New Hope, Hennepin COlmty, lIIinnesota, this 9th day of February 2009. President Attest: Executive Director December 18, 2008 Mr. Jeff Schoenwetter Insignia Development 5252 West 74th St., Suite 5 Edina, MN 55439 Re: Interim Agreement with New Hope EDA Dear Mr. Schoenwetter: Insignia Development has missed its first deliverable under the Interim Agreement between the New Hope EDA and Insignia Development. This deliverable was for the provision of a market study for the site at 8400 Bass Lake Road. Unless the city receives appropriate assurances and a projected date for the submission of the market study for this property within the next thirty days it will consider the agreement terminated as of February 2,2009. Under the current conditions, which are extremely difficult in the condominium market, we would certainly understand if you do not wish to proceed at this time. I may be reached at 763-531-5119 or bye-mail at cjacobsen@ci.new-hope.rnn.us if you wish to discuss this further. Sincerely, Curtis Jacobsen Director of Community Development Attachments: Interim Agreement First Amendment to Interim Agreement CC: File INTERIM AGREEMENT This INTERIM AGREEMENT entered into effective the 14th day of May, 2007, by and between the Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota public body corporate and politic (the "Authority") and Insignia Development LLC, a Minnesota limited liability company (the "Redeveloper"). WHEREAS, the Bass Lake Road Apartments site (the "Site") consists of approximately 3.6 acres of land with five 12-unit rental apartment buildings at 8400 and 8420 Bass Lake Road and 8401, 8411 and 8421 - 58th Avenue; and WHEREAS, the Redeveloper might determine to expand the redevelopment site to include the four single-family lots at 8400,8404,8408, and 8412 58th Avenue North; and WHEREAS, the Authority desires for the Site to be redeveloped as owner-occupied market- rate housing or mixed-use development; and WHEREAS, the Redeveloper is proposing a redevelopment (the "Project") for the Site and has requested that the Authority negotiate exclusively with the Redeveloper while the Project is being studied. WHEREAS, the Authority is willing to negotiate exclusively with the Redeveloper until October 1, 2008, provided that deadlines for certain milestones described below are met. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby agree as follows: 1. Interim Nature of Agreement. The Authority and the Redeveloper agree that this Agreement is intended to be preliminary in nature. Before the Authority and the Redeveloper can make a decision on whether to proceed with the Project, it will be necessary to assemble and consider information relating to the economics, site assembly, phasing, environmental remediation and other aspects of the Project. The purpose of this Agreement is to allow the Redeveloper an opportunity to assemble such information, to prepare a preliminary concept plan and to negotiate with the Authority concerning the approval of a term sheet (the "Term Sheet") with a view to eventual execution of a contract for private redevelopment (the "Redevelopment Agreement") which will set forth the rights and responsibilities of the Authority and the Redeveloper with respect to the Project. 2. Undertakings of the Authority. (a) The Authority agrees to cooperate with the Redeveloper in the Redeveloper's undertakings and agrees that during the term of this Agreement the Authority will not negotiate with any third party in connection with redevelopment of the Site. (b) The Authority will negotiate with the Redeveloper in good faith the terms of the Redevelopment Agreement, which includes examining options for acquisition, tenant relocation, demolition, infrastructure improvements, and the creation of a tax increment financing district for the Site. (c) The Authority will provide to the Redeveloper all market analyses, blight reports, surveys and soil, engineering, and geotechnical reports that have been done for the Site, as well as previous concept plans and estimates of any environmental remediation and soils correction costs prepared by previous redeveloper candidates for the Site. (d) The Authority will begin negotiations with the current property owner ill an attempt to acquire the Site. 3. Undertakings of the Redeveloper. (a) By December 1, 2007, the Redeveloper will review the reports and other materials from the Authority referenced above and will complete a market study for the project site. (b) By April 1, 2008, the Redeveloper will, in consultation with the Authority, the City and City residents, develop a preliminary concept plan. If the Redeveloper proposes to redevelop an area larger than the Site, the Redeveloper must indicate its ability to acquire the additional parcels voluntarily as evidenced by executed options or purchase agreements. (c) By June 1, 2008, the Redeveloper will also complete any additional environmental assessment the Redeveloper deems necessary to estimate the cost of any environmental remediation and soil corrections in order to construct the Project or will notify the Authority that no further testing will be required. (d) By August 1, 2008, the Redeveloper shall submit a construction pro forma, finished housing unit values and such other financial information as the Authority or its redevelopment consultants may request in order to assess the economic feasibility of the Project, the amount of Authority assistance to be provided to the project, and the price to be paid by the Redeveloper to the Authority for the Site. (e) By September 1, 2008, the Redeveloper shall: " Host a community open house in conjunction with city staff to present project plans and solicit feedback from the neighborhood; and " Obtain Authority approval of a Term Sheet. (f) By October 1, 2008, the Redeveloper will have negotiated and obtained Authority approval of a Redevelopment Agreement. 2 (g) During the term of this Agreement, the Redeveloper shall also: · Present progress reports to the Authority or to City Council, if requested; and · If the Redeveloper determines that the Site is not economically feasible to redevelop, the Redeveloper shall deliver to the Authority for its unrestricted use at no cost to the Authority all work product, market analysis, architectural and engineering reports, construction budget, research materials, and other documentation produced for the Site. 4. Responsibility for Costs and Redeveloper Deposit. (a) During the term of this Agreement, the Authority or the City shall be responsible for fees and costs of its planning and engineering consultants and the City Attorney (except as set forth in subparagraphs (b)(3) and (4) below). (b) The Redeveloper shall be responsible for: (1) fees and costs of its counsel and consultants, (2) the cost of any additional market studies, environmental analyses, soil borings, or surveys performed by the Redeveloper, (3) if the Redeveloper proposes to redevelop an area larger than the Site, the additional costs of property acquisition, resident relocation, demolition, blight analysis, surveys, and environmental testing for the additional parcel(s), as well as the cost of any required re- engineering of the infrastructure improvements described in subparagraph (a)(3) above (such costs may be eligible for reimbursement with tax increment, however), and (4) fees incurred after the date of Authority approval of this Agreement by the Authority's redevelopment counsel, Krass Momoe, P.A., for financial and feasibility analysis of the Redeveloper's project, drafting and negotiation of the Term Sheet and Redevelopment Agreement, and, with respect to any additional parcels to be acquired by the Redeveloper, review of blight analysis and review of qualification of such parcels for inclusion in the tax increment district. (c) Upon execution of this Agreement, the Redeveloper shall pay a non-refundable fee of $500.00 to the Authority. Upon the Redeveloper's submittal of the concept plan, the Redeveloper shall also make a deposit of $5,000.00 to be applied by the Authority to reimburse costs and fees incurred by the Authority for which the .., .:l Redeveloper is responsible under this Paragraph 5. The Redeveloper shall replenish this deposit when the balance falls below $1,000.00 upon request by the Authority. (d) In accordance with City policy, the Redeveloper will pay all normal and customary City fees associated with the plan review and approval process. Q. Term of Agreement. This Agreement for exclusive negotiations shall be binding upon the parties until October 1, 2008, unless terminated sooner by the Authority for the Redeveloper's failure to timely comply with any of the deadlines set forth in Paragraph 3 or by mutual agreement of the parties. 6. City and Authority Use of Work Product. If the Redeveloper decides not to proceed with redevelopment of the Site, the Redeveloper shall make available at no cost to the City and the Authority for their unrestricted use all available non-proprietary work product, including market analyses, soil and engineering reports, geotechnical reports, infrastructure construction budgets, and other documentation produced specifically for the Site. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in each of their names as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA By: President By: Executive Director INSIGNIA DEVELOPMENT LLC By: Its: 4 FIRST AMENDMENT INTERIM AGREEMENT This the First Amendment to the Interim Agreement by and between the Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota public body corporate and politic (the "Authority") and Insignia Development LLC, a Minnesota limited liability company (the "Developer") entered into this 28th day of January, 2008. WHEREAS, the Authority and the Developer have entered into an Interim Agreement whereby they have agreed to negotiate exclusively with each other for a period of time toward the potential redevelopment of the Bass Lake Road Apartment site; and WHEREAS, due to a downturn in the housing market the Developer has asked that the Authority for a one year extension on all timelines in the Interim agreement; and WHEREAS, the Authority can see the benefits to both parties by extending the timeline that currently exists; and WHEREAS, the Authority desires to have a release clause included along with and extension of the basic agreement timeline. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby agree as follows: 1. Extended Timeline. The Authority and the Developer agree to extend the timeline in the original Interim Agreement by one year for all items innumerate within the agreement. 2. Release of Obligations. The Authority and the Developer agree that should an opportunity become apparent for either or both parties prior to the first revised submission date making it necessary to seek a release from their obligations within this agreement they will meet the following minimum requirements. (a) The Authority shall provide the Developer with 45 days advance notice regarding its termination of this agreement. (b) The Developer shall provide the Authority 45 days advance notice prior to tendering its withdrawal from this agreement. First Amendment Interim Agreement January 28,2008 Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment to the Interim Agreement to be duly executed in each of their names as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA By: President By: Executive Director INSIGNIA DEVELOPMENT, LLC By: Its: