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011110 EDACITY OF NEW HOPE EDA MEETING VTea City Hall, 4401 Xylon Avenue North January 11, 2010 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 1. Call to order 2. Roll call 3. Approval of regular meeting minutes of August 10, 2009 4. Discussion regarding loan request to assist with gas tank removal at 7231 42 °a Avenue North 5. Resolution approving an amended and restated interim agreement between Ryan Companies, Inc., and the New Hope Economic Development Authority for the potential redevelopment of City Center (improvement project no. 842) 6. Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 EDA Minutes August 10, 2009 Regular Meeting City Hall CALL TO ORDER President Hemken called the meeting of the Economic Development Authority to order at 8:00 p.m. ROLL CALL Present: Kathi Hemken., President John Elder, Commissioner Andy Hoffe, Commissioner Eric Lammle, Commissioner Daniel Stauner, Commissioner Staff Present: Kirk McDonald, City Manager Guy Johnson, Director of Public Works Valerie Leone, City Clerk Jason Quisberg, City Engineer Steve Sondrall, City Attorney Eric Weiss, Community Development Assistant APPROVE MINUTES Motion was made by Commissioner Elder, seconded by Commissioner Hoffe, to approve the Regular Meeting Minutes of February 9, 2009. Voting in favor. Hemken, Elder, Hoffe, Stauner; Voting against: None; Abstained: Lammle; Absent: None. Motion carried IMP PROJECT 842 President Hemken introduced for discussion Item 4, Resolution approving an Item 4 amended and restated interim agreement between Ryan Companies, Inc., and the New Hope Economic Development Authority for the potential redevelopment of City Center (improvement project no. 842). Mr. Kirk McDonald, city manager, noted the Council work session with Ryan Companies was held June 13 (not July 13). He stated at that time it was the consensus of the Council to extend the interim agreement with Ryan Companies to allow the developer to continue to explore the feasibility of the City Center redevelopment. Mr. McDonald reported that the City Council met with the Robbinsdale School Board prior to tonight's meeting and was advised of the School Board's continued interest in a possible relocation of their administration building at the corner of 42nd and Winnetka. Mr. McDonald pointed out Item 3(i) of the agreement and expressed uncertainty that a zoning application will be submitted by October 15, 2009. The EDA reviewed the Amended and Restated Interim Agreement and directed staff to delete the first sentence of Item 3(i); to change the second EDA Meeting August 10, 2009 Page 1 sentence to "The Authority and Redeveloper agree that the review of the a� planning application may take more than 120 days and mutually agree to extend the review as necessary "; and agree to a six month extension instead of a year extension (amend page 1 and Item 5 on page 5 to February 10, 2010). Commissioner Hoffe inquired regarding the costs described in item 4. City Attorney Sondrall clarified that the city has agreed to 50% of the costs incurred related to utilization of the financial consultant for the TIF District qualification. MOTION Motion was made by Commissioner Elder, seconded by Commissioner Item 4 Lammle, to approve the amended interim agreement with a six month extension. All present voted in favor. Motion carried. ADJOURNMENT Motion was made by Commissioner Lammle, seconded by Commissioner Elder, to adjourn the meeting. All present voted in favor. Motion carried The New Hope EDA adjourned at 8:12 p.m. Respectfully submitted, ar Valerie Leone, City Clerk EDA Meeting August 10, 2009 Page 2 EDA Originating Department Approved for Agenda ' Agenda Section Community Development January 11, 2010 EDA Item No. Curtis Jacobsen, Director of CD Kirk McDonald, Discussion regarding loan request to assist with gas tank removal at 7231 42nd Avenue North. 4 Requested Action Staff has been contacted by Ms Sara L. Vinas, the Contract Manager for MDW Equity LLC the owner of 7231 42nd Avenue North. They have requested a loan from the city to assist in removing buried gas tanks on the property. They request that the Council consider this request and provide a response. Policy /Past Practice Past practice of the Council is to consider each request for business loans on a case by case basis. Background Ms Vinas contacted the city in late November to discuss a possible loan from the city to allow the owner to remove the buried gas tanks at this location. The request is for $16,445.00 for tank removal as documented by the quote from Minnesota Petroleum Services, Inc. Ms Vinas readily admitted in our phone conversation that they have no prospective tenants for the building and that the owner cannot afford to remove the tanks on their own at this time. The letter from Ms Vinas suggests that various tenants maybe interested in the site if the owner can get the tanks removed. Funding Potentially EDA funds are available for this business loan. This request does not meet the minimum requirements of the City of New Hope Business Subsidy Policy. Motion by Im Second by I: \RFA \PLANNING \PLANNING\ WS -Consider purchase 9- 21- 09.doc Request for Action January 11, 2010 Page 2 Recommendation Staff suggests that the City Council view the parcel and give serious consideration to whether it fits into future redevelopment plans for the area. Attachments • Letter MDW Equity LLC • Business Subsidy Policy • Parcel data for Taxes Payable 2009 • Site map • Photos December 10,2OD Mr. Curtis Jacobsen Director mfCommunity Development City of New Hope 44O1Xv|on Avenue North New Hope, K4N 55420 Re: Potential Development of the property at723142 n Ave- North; New Hope, MN Dear Mr. Jacobsen: It was a real plea speak with you recently, regardi the above-referenced pro Aa| mentioned, [WDVV Equity part of group ofcompanies run bvonexperienced commercial developer. yNUVV purchased this and other properties in the anticipation ofselling them tu major cornnleroim|tenantsxvithwhom the developer already has relationships and built, sold, or leased properties to: Walgreens, Burger King, McDonald's, CVS, Dollar General, KFC, AOtuzODe and Advance Auto. Unfortunately, due to the presence of the underground -storage tanks at this and other sites, these commercial tenants have been reluctant to pursue development onthis and other properties. Removal of the tanks would make the property much more attna<tive and salable, However, with the downturn inthe economy the developer has been unable to obtain monies to remove the tanks and thus it is pursuing other potential avenues of funding, The lowest bid received ($10.445.0O)in attached for your review and information. |f New Hope has the capacity ba assist KXDVV with. this funding, it would be a great benefit tothe city and its residents, |n place ofam abandoned gas station there would be8 new hacU(b/ providing goods and/or services to the cumrDun�x, ' I think you would agree that future use would be a "win" for everyone involved. Thank you very much for your time and consideration. lf you need further information regarding the level of experience of this developer, and its success in selling properties, | will be happy to assist you with that information. IVIDWBu Sara VVinas Contracts Manager s V J f - T f L 9 ve NE Columbia Heights, MN ti5421 Phone: 763 -780-51 Fax: 763 -780 -8472 Custome ., Shara Vinas Proposal 2760 North University Drive Davies, Ft, 330$4 954 499 8863 ext 236 r'AUL PW 03 Date: November 20, 200 RE: Tank Removal 723142 " Ave North, New Hope, MN 56428 Minnesota Petroleu Service is a leased to affar thm nrnnr%eaT for %,^i— nnnbcr7n�..e:,,u QT ,vu� 4VIi.TILIGi000Ii description -- #trim site one (1) 1Q,QCtO gallon unleaded tank, one 8,000 gallon mid grade unleaded tank, one (1) 8,000 tlons super unleaded. TMY 1 Glear product lines and remove from ground. 'ranks have 2,970.Ot� approximately 6" of gasoline /gasoline water. Purge tank of t va aors. Excavate to top of tanks, open tank and enter -- clean inside and prepare to remove from ground. Cut hole (one) in bottom of tank to allow for envirbnMentpf sampling Pumped tanks free of gasoline 1 gasoline water and disposed of per MPCA requirements included in prig (up to 775 anon ). Additional liquids will be Invoiced at _75 t aflbn. W will remove concrete over tank and piping approximatel y 1740 sq feet. No saw cutting will be done. Remove concrete $11,676.00 rui;)bie from site and dispose of. Complete eXaction for removal of tank and product piping for around. Existing vent pipinq will remain in the a round, Backfifl excavation and backfill to grade - no surface re.(Aorabon included. Remove and dispose of three $island tits enacts. 1 Environmental sampling of sofas assuming 11 GROIPOVC samples, one day field work and provide fetter report. Pricing lamed on clean site closure, if contamination is encounter 1 E375.D0 additional cost will be incurred. Owner to work direct with enAronrnental company if contamination is encountered. Nimbursemient ftr contaminated soils may be reimbursable fm -n state Petro Fund. 1 Acquire New Hop 'Special hazard Permit for tank removal. X125 0� Prt }vide owner with MPCA "orange of status" form to be signed and mailed into stag of Minnesota MPCA, Joan He na tai PCA hone number 651 757 2429_ ... Total $16,445.05 a�nr rc 1 mi Minnesota Petroleum Service, Inc. ��r cvr �uu.i iv. Gv rvaf GU04 f4 MIN r tIIKU !-A5E 03/03 Pricing based on work to be started the week of December 14, 2009, 1 do not anticipate frost to be an issue if none before January, January and after we Nvilt need to address frost, frozen soils and adverse weather conditions which could muse an increase in pricing, Thank you far the opportunity to he of service, please call if you have any questions. Steven Hanson Shan,'MM anpetro.com Terms goon paymant pf 50 with signed contract Balance ret 21 day$ from invr lce *date W th aPsraved credit, taxes and freight , ncluded e. This proposal is J'mitvd to 30 day$ fmm the above date_ Subject to verification thereafter, Acceptance of Proposal The above prices, specificatlons and t ontll #arts are satlsfaatory and hemby accepted. you are 8uthorbted to provide tht � above equipment or sernjce as spect3let#, Payment wt11 b8 matte as ooHined above. Signature: Date- CITY OF NEW HOPE POLICY FOR BUSINESS SUBSIDIES Purpose: The purpose of this policy i to set guidelines that would enable the City of New Hope to comply with Minnesota Statutes 116J.93, et seq. Objective: The objective of the City of New Hope is to attract and enhance commercial and industrial development hereby increasing or retaining employment opportunities for New Hope residents and developing the job base and tax base of the City. Deflnitions.- A. Business Subsidy. A business subsidy means a state or local government agency grant, contribution ofpersonal property, real property, infrastructure; the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. A Comprehensive Health Insurance is defined as: Employer 100% premium payment for individual coverage or 80% premium payment for family coverage; Employer minimum payment of 80% for office visits, emergency care, surgery and prescriptions; A maximum yearly deduction of $1,000; and Maternity coverage, C. Living Wage will be defined as 125 % of the federal poverty level for a family of four. Businesses that provide employer-paid comprehensive health insurance may pay a living wage as defined at 110% of the federal poverty level for a family of four. D- Responsible Labor Relations are defined as neutrality on union organizing, providing a complete and accurate list of names and addresses of employees, reasonable access to employees and facilities during non-working periods, voluntary recognition based on a card check demonstrating that a union represents a majority of employees i a bargaining unit, and binding arbitration on the first contract. -3- Procedure. This policy will be used for business subsidies that equal or exceed $25,000. In the event a subsidy is in excess of $100,000, the determination shall be preceded by a public hearing. A proposed subsidy shall be considered to offset land costs, site development, building costs and design specifications that exceed the City's maximum requirements. Minimum Requirements: A recipient of a business subsidy must meet the following minimum requirements. Any deviation from these minimum requirements shall be documented in a written resolution setting forth the reasons for the deviation. A certified copy of said resolution shall be attached to the next DTED annual report. The City shall evaluate each request for a business subsidy based on the best interests of the City and its residents. In determining whether to approve a subsidy, the City shall consider facts it deems appropriate, which shall include the following. 1. A business subsidy must have a defined public purpose which may include, but not be limited to, increasing the tax base of the City. Job retention may also be a valid public purpose if the job loss is specific and demonstrable. 2. Proposals for direct loans must be unable to obtain full private financing before applying for city funding. 3. Loan guarantees must have participation by a private lender to assume at least 50 % of the risk. 4. Business subsidies in the form of grants must be structured as forgivable loans. For other types of subsidies, the agreement must state the fair market value of the subsidy to the business, including the value of conveying property at less than a fair market price, or other in -kind benefits to the business. 5. A business must set goals to be achieved within two years for the number of jobs that they will create (or retain when job loss is specific and demonstrable) and the wages that these jabs will pay. Businesses must create (or retain) one full -time living wage job per $50,000 of assistance. Jobs will only be considered created if they are in addition to the highest number of employees that the business has had in the 18 months prior to receiving the subsidy. 6. A business must have a goal for the percentage of new jobs that will be held by City residents. I. After a public hearing, if the creation or retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. me 8. The commitment of the proposed development to continue operations at the site where the subsidy is used for at least five years after the benefit date, 9. The ability of the proposed development to fulfill or provide a desired amenity, facility or service that is not provided by the City. 10. The business must disclose any potential adverse impact on the environment that could result from this project. Exceptions to Criteria: Consistent with Minnesota Statutes 116J.993, Subdivision 3, the following forms of financial assistance are not a business subsidy, and recipients will not typically be required to meet the criteria for business subsidies set forth in this policy statement. 1. Business subsidy of less than $25,000; 2. Assistance that is generally available to all businesses or to a general class of similar business, such as a line of business, size, location, or similar general criteria; 3. Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single busines"S' or defined group of businesses at the time the improvements are made; 4. Redevelopment property polluted by contaminants as defined in Minnesota Statutes, Section 1167.552, Subdivision 3; 5. Assistance for designated historic preservation districts or assistance provided for the sole Purpose of renovating old or decaying building stock or bringing it up to code, provided that the assistance is equal to or less than 50 percent of the total cost; 6. Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; 7. Assistance for housing; & Assistance for Pollution control or abatement, including a hazardous substance tax increment financing subdistrict as defined in Minn. Stat, § 469.174(23); 9. Assistance for energy conservation; 0. Tax reductions resulting from conformity with federal tax law; 11. Worker's compensation and unemployment compensation; 12. Benefits derived from regulation; 13. Indirect benefits derived from assistance to educational institutions; 14. Funds from bonds allocated under Minnesota Statutes, Chapter 474A, bonds issued to refund outstanding bonds and bonds issued for the benefit of an organization described -in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; 15. Assistance for a collaboration between * a Minnesota higher education institution and a business; 16. Assistance for a tax increment financing soils condition district as defined under Minnesota Statutes, Section 469.174, Subdivision 19; 17. Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; -5- 18. General changes in tax increment financing law and other generated tax law changes of a principally technical nature; 19. Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; 20. Funds from dock and wharf bonds issued by a seaway port authority; 21. Business loans and loan guarantees of $75,000 or less; 22. Federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and 23. Any other forms of assistance that may be defined by law as not constituting a business subsidy under Minnesota Statutes, Section 1167.993, Subdivision 3. Preferences: All other things being equal and to the extent legally possible, preference will be given to applicants meeting the following criteria: 1. Businesses that contribute to employee child care and retirement accounts; 2. Businesses that are locally owned; 3. Businesses that engage in responsible labor relations; 4. Businesses that have a goal that 25% or more of the new jobs 'W"iI be held by City residents; 5. Businesses that have traditionally paid living wages. MAftorneYkCnh Resoludow\Rcm Eel Business SWnidy CrIterla - EDA,wpd [a 1,16,i.993, Nfinnesota Statutes 2007 Page 1 of 2 in Usota Legislature Home i Links to the —srid i Help i Advc na;d camh fwd of the Revisor of Statutes rzouse I S,encte i .,{ dint Di cpaarlvai Its F,nd Cc;rnrn[ss!on i :: Sill Avrc-h and Stalus i S'.F3iU .t3S, I ci%'5, and Rules Minnesota Statutes Table of Chapters Chapte A6 - Table o f Contents Copyright O 2007 by the Office of Revisor of Statutes, State of Minnesota. 116J.993 DEFINITIONS. Subdivision 1. Scope. For the purposes of sections 1161993 to 1161.995 the terms defined in this section have the meanings given them. Subd. 2. Benefit date. 'Benefit date" means the date that the recipient receives the business subsidy. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date begins when the recipient puts the equipment into service. If the business subsidy is for improvements to property, then the benefit date refers to the earliest date of either: ()) when the improvements are finished for the entire project; or (2) when a business occupies the property. If a business occupies the property and the subsidy grantor expects that other businesses will also occupy the same property, the grantor may assign a separate benefit date for each business when it first occupies the property. Subd. 3. Business subsidy. "Business subsidy" or "subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. The following forms of financial assistance are not a business subsidy: (1) a business subsidy of less than $25,000; (2) assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) redevelopment property polluted by contaminants as defined in section 1161552, subdivision 3 ; (5) assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50 percent of the total cost; (6) assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) assistance for housing; (8) assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under section 469.174 subdivision 23 ; (9) assistance for energy conservation; (10) tax reductions resulting from conformity with federal tax law; (11) workers' compensation and unemployment insurance; http: / /www.revisor.leg. state. mn. us / bin /getpub.php ?pubtypc =STAT_CHAP SEC&;year= 2007&ser,tion =l1... 2/5/2008 16.993, Minnesota Statutes 2007 (12) benefits derived from regulation; 13) indirect benefits derived from assistance to educational institutions; (14) funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) assistance for a collaboration between a Minnesota higher education institution and a business; (16) assistance for a tax increment financing soils condition district as defined under section 469.174 subdivision 19 (17) redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) general changes in tax increment financing law and other general tax law changes of a principally technical nature; (19) federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) funds from dock and wharf bonds issued by a seaway port authority; (21) business loans and loan guarantees of $75,000 or less; (22) federal loan funds provided through the United States Department of Commerce, Economic Development Administration; and (23) property tax abatements granted under section 469.1813 to property that is subject to valuation under Minnesota Rules, chapter 8100. Subd. 4. Grantor. "Grantor" means any state or local government agency with the authority io grant a business subsidy. Subd. 5. Local government agency. "Local government agency" includes a statutory or home rule charter city, housing and redevelopment authority, town, county, port authority, economic development authority, community development agency, nonprofit entity created by a local government agency, or any other entity created by or authorized by a local government with authority to provide business subsidies. Subd. 6. Recipient. "Recipient" means any for -profit or nonprofit business entity that receives a business subsidy. Only nonprofit entities with at least 100 full -time equivalent positions and with a ratio of highest to lowest paid employee, that exceeds ten to one, determined on the basis of full -time equivalent positions; are included in this definition. Subd. 6a. Residence. "Residence" means the place where an individual has established a permanent home from which the individual has no present intention of moving. Subd. 7. State government agency. "State government agency" means any state agency that has the authority to award business subsidies. History: 1999 c 243 art 12 s 1; 2000 c 482 s 1; 2004 c 206 s 52; ISp2005 c 3 art 7 s 1; 2006 c 259 art 4 s 1 Please direct all comments concerning issues or legislation to your House Member or State Senator For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. Page 2 of 2 http: / /www. revisor. leg. state .mn.us /binigetpub.php ?pubtype =STAY CHAP _SEC &year =2007 &section =ll... 2/5/2008 printdetails.j sp Parcel Data for Taxes Property ID: 17- 118 -21 -24 -0004 Address: 7231 42ND AVE N Municipality: NEW HOPE School Dist: 281 Watershed: 8 Sewer Dist: 02 Owner Name: MDW EQUITY LLC Taxpayer Name MDW EQUITY LLC & Address: 2760 UNVERSITY AVE N Qualifying Improvements DAVIE FL 33024 -2546 Construction year: 1955 Approx. Parcel Size: 120 X 88 Most Current Sales Information rage l ul l Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms - length transactions. Sale Date: October, 2005 Sale Price: $210,000 Transaction Type: Addition Name: Lot: Block: Metes & Bounds: Abstract or Torrens: Tax Parcel Description ROCKFORD PARK 002 THE N 88 FT OF LOT 1 AND THE N 88 FT OF THAT PART OF LOT 2 LYING W OF E 7.28 FT THEREOF SUBJECT TO ROAD TORRENS Value and Tax Summary for Taxes Payable 2009 Values Established by Assessor as of J anuary 2, 2008 Estimated Market Value: $210,000 Limited Market Value: $210,000 Taxable Market Value: $210,000 Total Improvement Amount: $106,000 Total Net Tax: $6,071.39 Total Special Assessments: Total Market: $210,000 Solid Waste Fee: $23.01 Total Tax: $6,094.40 Relative Homestead Agricultural Exempt Status http: / /wwwl6.co.hennepin.mn.us /pins /printdetails.jsp ?pid= 1711821240004 12/29/2009 Property Information Detail for Taxes Payable 2009 Values Established by Assessor as of January 2, 2008 Values: Land Market $104,000 Building Market $106,000 Machinery Market Total Market: $210,000 Land Limited $104,000 Building Limited $106,000 Total Limited: $210,000 Qualifying Improvements Veterans Exclusion Classifications: Property Type COMMERCIAL PREFERRED Homestead Status NON- HOMESTEAD Relative Homestead Agricultural Exempt Status http: / /wwwl6.co.hennepin.mn.us /pins /printdetails.jsp ?pid= 1711821240004 12/29/2009 Hennepin County Property Map Print ,rage i oi i Hennepin County Property Map - Tax Year: 2009 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. 4215 4216 720D 4211 42 1/2 AVE N (� n_ _ � � _ _. 7180 7140 7300 42ND AVE N 7321 7305 41 1/2 AVE N 1--l 6 6_,_j 'X'. rn rn 0 0 z Selected Parcel Data Date Printed: 12/29/2009 11:18:52 AM Parcel ID: 17-118-21-24-0004 Current Parcel Date: 12/412009 Owner Name: MDW EQUITY LLC Parcel Address: 7231 42ND AVE N, NEW HOPE, MN 55427 Property Type: COMMERCIAL-PREF Sale Price: $210,000-00 Homestead: NON-HOMESTEAD Sale Date: 10/2005 Area (sqft): 10385 Sale Code: Area (acres): 0.24 A-T-B: TORRENS Market Total: $210,000.00 Tax Total: $6,094.40 http://gis,co.hennepin.mn.us/HCPropertyMap/Locator.aspx 12/29/2009 412D 4121 4110 4111 4103 4104 Selected Parcel Data Date Printed: 12/29/2009 11:18:52 AM Parcel ID: 17-118-21-24-0004 Current Parcel Date: 12/412009 Owner Name: MDW EQUITY LLC Parcel Address: 7231 42ND AVE N, NEW HOPE, MN 55427 Property Type: COMMERCIAL-PREF Sale Price: $210,000-00 Homestead: NON-HOMESTEAD Sale Date: 10/2005 Area (sqft): 10385 Sale Code: Area (acres): 0.24 A-T-B: TORRENS Market Total: $210,000.00 Tax Total: $6,094.40 http://gis,co.hennepin.mn.us/HCPropertyMap/Locator.aspx 12/29/2009 z 4120 > M z S z > 7107 M 720 z 4110 Selected Parcel Data Date Printed: 12/29/2009 11:18:52 AM Parcel ID: 17-118-21-24-0004 Current Parcel Date: 12/412009 Owner Name: MDW EQUITY LLC Parcel Address: 7231 42ND AVE N, NEW HOPE, MN 55427 Property Type: COMMERCIAL-PREF Sale Price: $210,000-00 Homestead: NON-HOMESTEAD Sale Date: 10/2005 Area (sqft): 10385 Sale Code: Area (acres): 0.24 A-T-B: TORRENS Market Total: $210,000.00 Tax Total: $6,094.40 http://gis,co.hennepin.mn.us/HCPropertyMap/Locator.aspx 12/29/2009 M ' jO� Request for Action Originating Department i Approved for Agenda ( Agenda Section Community Development January 11, 2010 EDA Item No. By: Curtis Jacobsen, Director of CD By: Kirk McDonald, City Manager 5 Resolution approving an amended and restated interim agreement between Ryan Companies, Inc., and the New Hope Economic Development Authority for the potential redevelopment of City Center (improvement nroiect no. 842) Requested Action Staff and Ryan Companies request approval of the attached amended and restated interim agreement between Ryan Companies, Inc., and the New Hope Economic Development Authority for the potential redevelopment of City Center. Policy /Past Practice It is a past practice of staff to coordinate updates to the Authority for projects on an ongoing basis. Additionally, it is also a past practice to amend and restate agreements from time to time to more accurately reflect the progress and details of the project. Background The Council met in a work session on December 21 for an informal discussion on the timeline and a possible extension of the interim agreement. Council consensus was that they favored a six month extension to the interim agreement to continue looking at the feasibility of the City Center redevelopment. Funding Funding for the financial consultant during the interim analysis steps are shared 50/50 with the developer with the city share being paid with EDA funds. The developer is responsible for all costs they incur for their consultants. Attachment(s) • Resolution • Amended and restated interim agreement r Motion by :I ? /lFt_ Second by I:\ RFA \ PLANNING \ PLANNING \ City Center amended agreement 8- 10- 09.doc City of New Hope EDA Resolution 2010- Resolution approving an amended and restated interim agreement between Ryan Companies, Inc., and the New Hope Economic Development Authority for the potential redevelopment of City Center (improvement project no. 842) WHEREAS, Ryan Companies US, Inc., and city staff have been working on completing the steps identified in the interim agreement entered into on January 28, 2008, regarding the possible redevelopment of City Center; and WHEREAS, late in 2009 all parties, Ryan Companies, School District 281 and the City of New Hope, mutually agreed to temporarily put the possible redevelopment of City Center on hold; and WHEREAS, the current agreement between Ryan Companies and the city expires on February 10, 2010; and WHEREAS, all parties have expended enormous amounts of time, resources and energy in a mutual effort to move this very complicated process forward. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority in and for the city of New Hope, Minnesota as follows: 1. That said agreement is adopted in its scope and timelines and having an expiration date of August 10, 2010. 2. The President and the Executive Director of the Economic Development Authority in and for the city of New Hope are hereby authorized and directed to enter into said agreement. Adopted by the Economic Development Authority of the city of New Hope, Hennepin County, Minnesota, this 11th day of January 2010. President Attest: Executive Director January 11, 2010 AMENDED AND RESTATED INTERIM AGREEMENT This AMENDED AND RESTATED INTERIM AGREEMENT entered into effective the 11th day of January, 2010, 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 Ryan Companies US, Inc., a Minnesota corporation (the 'Redeveloper "). WHEREAS, the City Center site (the "Site ") consists of approximately 51.7 acres of land, mainly surrounding the intersection of Winnetka and 42nd Avenues with 31 acres in the northwest quadrant, 4.4 acres in the northeast quadrant, 15 plus acres in the southeast quadrant, one half acre on the southwest quadrant and an additional 1.1 acres in the northwest quadrant of 42nd and Xylon Avenues; and WHEREAS, the Authority desires for the Site to be redeveloped primarily as a commercial site with a smaller segment of mixed use or multi - family residential 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 Redeveloper has initially suggested a first phase ( "Phase 1 ") that includes approximately 32.36 acres located in the northwest, northeast and southeast quadrants of Winnetka and 42nd Avenues; and WHEREAS, the Authority is willing to continue to negotiate exclusively with the Redeveloper until August 10, 2010, 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. Agreements 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, including examining options for acquisition, relocation, public improvements, demolition, infrastructure improvements, and the creation of a tax increment financing ( "TIF ") district or districts for the Project area. (c) The Authority will provide to the Redeveloper all of the following which the Authority has in its possession and which relate to the Site: market analyses, blight reports, surveys, soil, engineering, and geotechnical reports, previous concept plans and estimates of environmental remediation and soils correction costs. 3. Undertakings of the Parties (a) By February 15, 2008, the Authority and its redevelopment counsel will determine, on a preliminary basis, whether the parcels in Phase 1 qualify for inclusion in a new redevelopment TIF district and will share their findings with the Redeveloper. COMPLETED. (b) On an ongoing basis, the Redeveloper will review such findings and the reports and other materials provided by the Authority on an as- needed basis. The Redeveloper and Authority will identify additional issues and concerns. (c) By March 24, 2008, the Redeveloper will, in consultation with the Authority and the City, develop a preliminary concept plan. The Redeveloper will provide information requested by the Authority's redevelopment counsel in order to perform a TIF revenue analysis, including the projected product types, taxable value and completion dates of the new or renovated buildings to be constructed in Phase 1. COMPLETED. 2 (d) By April 21, 2008, the Authority's redevelopment counsel will complete its initial analysis of projected TIF revenues from Phase 1A (the southeast and northeast quadrants) and Phase 1B (Winnetka Center) and the Redeveloper and the Authority will jointly determine whether either or both of Phases 1A and 1B are financially feasible, given the amount of TIF or other Authority assistance potentially available to the Project. An updated analysis will be provided to the Council for the work session referenced in subparagraph (h) below. COMPLETED. (e) On April 28, 2008, the Redeveloper and City staff will present the preliminary concept plan and their findings as to financial feasibility to the Board of the Authority. COMPLETED. (f) By July 31, 2008, the Authority will complete its analysis of the suitability of the parcels in the southeast quadrant for inclusion in a redevelopment tax increment district and will review the impact of relocating the school district's facilities within the City (with such property then becoming tax - exempt) and its impact on the City's cash flow. COMPLETED. (g) By July 31, 2008, the City Council will hold another work session to assess the parties' progress in implementing the undertakings contained in this Agreement. COMPLETED. (h) The Authority will approve and certify a redevelopment tax increment district for the parcels in the southeast quadrant by December 31, 2008 if the appropriate findings can be made. The Authority and Redeveloper will jointly designate the first year in which tax increment will be collected. The City will attempt to work with Hennepin. County in establishing the market value of the school district parcels. The Authority is willing to consider a hazardous substance subdistrict within the district if eligible costs exist and for such period of time and for such parcels as permitted by statute. COMPLETED. (i) The Authority and Redeveloper agree that the review of any planning application may take more than 120 days and mutually agree to extend the review as necessary. (j) After the reactivation of the redevelopment project, City Council may request that the Redeveloper host a community open house with the assistance of City staff to present the concept plan for Phase 1A and solicit feedback from City residents. Before the open house, neither the Authority nor the Redeveloper will make any community presentation relating to the Project. 3 (k) Before termination of this Agreement, the Redeveloper will have entered into a binding contractual agreement to acquire the school district's facilities at 4124 and 4148 Winnetka Avenue for redevelopment as the first possible phase of a city center redevelopment. (1) The Redeveloper will continue to work with the City to refine its redevelopment plans for Phase 1A, and the City and Redeveloper will continue to work together to refine the TIF revenue analyses for Phases 1A and 1B in an effort to make all parts of those Phases financially feasible. (m) The City and Authority will pursue state and regional grant funding to assist in project feasibility. (n) If all of the proceeding steps have occurred to the City's and Redeveloper's satisfaction, the City and Redeveloper shall enter into a Contract for Private Redevelopment by the termination of this Agreement, which contract shall relate to, at a minimum, the southeast quadrant of 42nd and Winnetka avenues. 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 subparagraph (b)(3) 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, traffic studies, storm water studies, environmental analyses, soil borings, or surveys performed by the Redeveloper, and (3) one -half (1/2) of the fees incurred after the date of this Agreement by the Authority's redevelopment counsel relating to TIF district qualification and creation, financial feasibility analysis of the Project and drafting and negotiation of the Redevelopment Agreement and related documents. (c) The Redeveloper has made a deposit of $15,000.00 to be applied by the Authority to reimburse costs and fees incurred by the Authority for which the Redeveloper is responsible under Paragraph 4(b)(3). The Redeveloper shall replenish this deposit when the balance falls below $1,000.00 upon request by the Authority. 0 (d) In accordance with City policy, the Redeveloper will pay all normal and customary City fees associated with the plan review and approval process. 5. Term of Agreement This Agreement shall be binding upon the parties until August 10, 2010, 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, 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 Executive Director RYAN COMPANIES US, INC. By: Its: 5