Loading...
HomeMy WebLinkAboutHRA MISC PAPERS2 • 1 TI' P ACS FINANCIAL SYSTEM ST. ANTHONY VILLAGE •12/22/2004 BANK 13: Check Register GL540R-V06.60 PAGE 1 VENDOR CHECK# DATE AMOUNT HRA1 HOUSING 6 REDEV CHECKING •.00002 A.J. SPANJERS CO INC 5719 12/28/04 269.25 .00001 ANDERSON'S FURNITURE 5720 12/28/04 399.27 008667 DARLGREH, SHARDLOW AND U 5721 12/28/04 1,472.30 000820 DORSEY 6 WHITNEY 5722 12/28/04 11,920.20 008698 ENTERS 6 ASSOCIATES, INC 5723 12/28/04 9,165.00 009014 M. REINERT DRYWALL, INC. 5724 12/28/04 1,870.00 002125 MALENICK/JOHN 5725 12/28/04 396.17 000045 OFFICE DEPOT 5726 12/28/04 409.15 009089 PAREOS CONSTRUCTION COMP 5727 12/28/04 105.00 .00003 SILVER OAKS DEVELOPME`2T 5728 12/28/04 20,000.00 008273 WSH 6 ASSOCIATES, INC. 5729 12/28/04 1,302.00 HOUSING 6. REDEV CHECKING _ 47,308.34 ••• • 1 TI' P "f Housing and Redevelopment Authority Meeting Minutes May 13, 2003 • Page 2 1 Mr. Prosser stated the resolution for discussion tonight would allow Ehlers to go out for bid on 2 the lease revenue bonds for the public works facilities and fire station. 3 4 Commissioner Faust asked if an amount was needed for this resolution. Mr. Prosser stated this 5 was the case. 7 Motion by Faust to adopt H.R.A. Resolution 03-007, re: Lease Purchase Revenue Bonds for the 8 Public Facilities Upgrade in the amount of $5,529,000 and to have a report from Ehlers & 9 Associates on May 28, 2003. 10 11 Discussion: 12 Commissioner Sparks asked if the costs were reduced if the amount could be paid down from the 13 sale of the fire station. Mr. Gilligan stated this could be paid down to reduce the resident's 14 expense over the 20 years. Mr. Prosser indicated it would be as if the Council expended less. He 15 noted the HRA would not be able to expend more than needed as required through these bonds. 16 17 Chair Hodson noted after hearing discussions tonight from the public, he is more inclined to go 18 towards the task forces recommendation of the $6.2 million with the 4' bay and additional 19 community space at the fire station; and the additional storage space at the public works 20 building. He noted he does not want to see comers cut with these facilities but appreciates the 41 need to keep costs down. Chair Hodson noted this decision has been delayed for 20 years and needs action. He stated the $5.5 million is less than the $6.2 million and indicated he hopes the 23 costs come in less than predicted by the task force. Chair Hodson indicated he would overlook 24 this whole project to keep costs low for the residents. 25 26 Commissioner Horst noted there may be other funding options available as previously explained 27 by Mr. Morrison. Mr. Momson stated there could be some monies available from the water 28 filtration bids and stated the Kenzie Development would positively affect the tax base for all 29 residents. 30 31 Commissioner Faust stated if there was sentiment for $6.2 million he would agree to an 32 amendment to his motion. Commissioner Horst stated he felt the $5.5 was adequate for this 33 time. 34 35 Mr. Prosser pointed out that bonds can only be issued in $5,000 increments, which would need 36 to be stated within the motion. 37 38 A friendly amendment was made to the motion by Commissioner Horst to have the bonding 39 amount be $5,530,000. 40 41 Motion carried unanimously. 42 0 IV. STAFF REPORTS. 45 None. • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on Apri 1 27 1999 , by and between GREGORY F. STEINER, an unmarried person, ("Seller") and HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a . . public body corporate and politic ("Buyer'). 2. OFFERIACCEPTANCE. Buyer offers to purchase, and Seller agrees to sell the real property legally described as: See Exhibit A attached hereto Hennepin County, Minnesota, located at 2542 Kenzie Terrace in the City of St. Anthony, Minnesota ("Property"): 3. PRICE AND TERMS. The price for the Property included in this sale is Ninety-four Thousand and No Cents Dollars ($94 0("Purchase Price") which Buyers shall pay as follows: (A) Earnest money of ! 1C0. OOreceipt of which is hereby acknowledged; (B) $94,000.00 by certified check or wire transfer on or before June 30 , 199L the "Date of Closing"; 4.13EEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and • deliver to Buyer (i) a Warranty Deed, joined in by spouse, if any, conveying marketable title to Buyer, subject only to: (A) building and zoning laws, ordinances, state and federal regulations; (B) restrictions relating to use or improvement of the property without effective forfeiture provisions; and (C) reservation of any mineral rights by the State of Minnesota; (ii) Internal Revenue Form 1099; (iii) A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat. § 103I or if there are "Wells", a Well Certificate in the form required by law; (iv) an affidavit stating that there are no bankruptcies, divorces, federal or state tax liens or judgments affecting the property; that there are no unrecorded interests affecting or parties in possession of the Property, and stating that no work has been performed or materials provided to the Property within the last 120 days for which payment has not been made; and (v) all other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated to the Date of Closing. SELLER SHALL PAY on Date of Closing all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing.. SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this agreement. SELLER SHALL PAY special assessments pending as of the date of this agreement for improvements that have been ordered by the City Council or other governmental • assessing authorities. SELLER SHALL PAY on the Date of Closing any deferred real estate taxes or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the • payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 6. DAMAGES TO REAL PROPERTY. If the real property is damaged prior to closing, this Agreement shall NOT terminate and Seller and Buyer shall proceed to close this transaction in accordance with the terms hereof. 7. POSSESSION. Seller shall deliver possession of the Property not later than the Date of Closing. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of Date of Closing. 8. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer with either a Registered Property Abstract or an Abstract of Title certified to a date within 30 days of the date of delivery, which includes proper searches covering bankruptcies and State and Federal judgements, liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Registered Property Abstract or Abstract of Title to have either Buyer's attorney examine the title and provide Seller with written objections or, at Buyer's own expense, to make an application for a Commitment for Owner's Title Insurance Policy ("Commitment") and notify Seller of such application. Buyer shall have ten (10) business days after receipt of the Commitment to provide Seller with a copy of the Commitment • and Buyer's written objections. Buyer shall be deemed to have waived any title objections not made within the applicable ten (10) day period, except that this shall not operate as a Waiver of Seller's covenant to deliver a statutory Warranty Deed. 9. TITLE CORRECTIONS AND REMEDIES. Seller shall have 60 days from receipt of Buyer's written title objections to make title marketable. Liens or encumbrances -for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable,. and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. Seller proceeds in good faith to make title marketable but the 60 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyers. • C. If the 60 day period expires without title being made marketable due to Seller's failure to proceed in food faith, Buyer may: -2- • 1. Proceed to dosing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) seek damages, costs and reasonable attorney's fees from Seller as permitted by lain; or (b) undertake proceedings to correct the objections to title. 2. Rescind this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyers; 3. Seek damages from Seller. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may, as its sole remedy, cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyers may, as permitted by law • 1. Seek damages from Seller including costs and reasonable attorney's fees; Ll 2. Seek specific performance within six months after such right of action arises. 10. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 11. CONTINGENCIES. This Agreement and Buyer's obligations hereunder are contingent upon Buyer.receiving all necessary approvals for the purchase of the Property following all required administrative notices and hearings. If any required approval is not received by Buyer, this Agreement shall be null and void, neither party shall have any further liability hereunder and all earnest money, shall be returned to Buyer. 12. SELLER'S WARRANTIES AND REPRESENTATIONS. Seller warrants that (i) there is a right of access to the real property from a public right of way, (ii) there has been no labor or material furnished to the property for which payment has not been made, (iii) there are no present violations of any restrictions relating to the use or improvement of the property, and (iv) Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the property by any person in violation of any law, nor of any underground storage tanks having been located on the property at any time, except as follows: -3- 0 • L These warranties shall survive the delivery of the deed. Seller shall remove all debris and all personal property not included in this sale from the property before possession date. Buyer shall have the right to have inspections of the property conducted prior to closing. 13. COSTS. Seller will pay all costs of updating the Abstract of Title, issuing a Registered Property Abstract or issuing a Commitment for an Owner's Title Insurance Policy. Buyer will pay all premiums required for the issuance of any Title Policy. Seller and Buyer will each pay one-half of any dosing fee or charge imposed by any closing agent or by the title company. Seller shall pay all State Deed Tax payable in connection with this transaction. 14. WELLS AND SEPTIC SYSTEM. Seller certifies and warrants that the Seller does not know of any "Wells" on the Property within the meaning of Minn. Stat. § 103I. Seller certifies that there is no individual sewage system on or serving the Property. SELLER BUYER HOUSING AND REDEVELOPMENT AUTHORITY OF S�jNY, MINNESOTA B XW�. Its Chair By ��- Its Executive Director C! 6 C= TY (DIF S T. ANTHONY HOU S 2 N G AND REDEVELOPMENT AUTHOR = TY AGENDA C= TY C OUN C= L C HAMB E R S A. Call to Order. B. Roll Call C. Approval of January 24, 1989 H.R.A. Minutes. D. Claims. 1. Dorsey & Whitney - $9,688.75. E. Proposed Development Account for Signage at St. Anthony Shopping Center. F. Adjournment. - THE ARKELL DEVELOPMENT \ CORPORATION December 14, 1984 St. Anthony HRA 3310 Silver Lake Road St. Anthony MN 55418 Re: Extension of time for progressing with Phases II and III Dear Members According to provisions of our Redevelopment Agreement for the Kenzie Terrace area, we are scheduled to advise you to proceed with the acquisition of the property for Phases II and III by December 31, 1984. The plan as presently approved calls for a combination of 202 rental housing and general market -rate condominiums for this site. The rental portion through Walker is progressing and the existing plan for acquisition should be maintaified for that portion. We hereby request a twelve month extension of time to notify the HRA to proceed with any further acquisition of Phase II or III property for three primary reasons. First, we have all heard or experienced the difficulty in obtaining financing for seniors condominiums and have learned that financing for market rate condos is even more difficult, if not virtually impossible at this time. This is directly related to general market conditions in the condominium and housing industry. Second, the City of St. Anthony's exposure has been kept to a minimum through the acquisition and sale of Phase I property and we suggest now is not an appropriate time to change that position. Finally, we feel it appropriate to have Phase I 80-858 sold out prior to commencing marketing on other condo units. As a result, we are asking for the additional flexibility to determine a time during calendar 1985 to advise you to proceed with acquiring the balance of the property. Ver ruly ep e urick xecutive Vice President cc: Daniel Engelsma 121 East Seventh Street • Saint Paul, Minnesota 55101 (612) 293-0910 • • CITY OF ST. ANTHONY REQUEST FOR H%R.A. ACTION ----------------------------------------------- ate Submitted June 3, 1982 Date Action Requested June 8, 1982 /pe Ot Action Requested _ Resolution _ Ordinance X Formal Action/Motion Other TO: Mayor and Councilmen FROM: David M. Childs, Executive Director ------------------------------------- r H.R.A. Meeting_ Title Selection of Re- development Management Consultant SUMMARY DISCUSSION OF SUBJECT: Attached is a questionnaire submitted to the three firms proposing redevelopment management services for the Kenzie Terrace Project. We received three responses, however, the responses from Westwood were received about 1/2 a day late. (They stated they didn't realize there was a dead- line.) I am reviewing all three responses as well as the original proposals and will have a memo with recommendations ready for the H.R.A. meeting. Please read the responses and begin formulating your final choices so that a decision can be made' shortly. Because of a change in State law, it is important that a tax increment district be set up by June 30th. FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: Review and recommendations will be completed on Tuesday. CITY MANAGER'S REVIEW: COMMENTS: Ea 1, c ha &5 0 ADMINISTRATIVE OFFICES • 3301 SILVER LAKE ROAD* MINNEAPOLIS, MINNESOTA 55418 • PHONE 789-8881 CITY OF ST. anTHong May 24, 1982 TO: Westwood Planning & Engineering Northwest Associated Consultants, Inc. Holmes and Graven FROM: David M. Childs, City Manager SUBJECT: Follow -Up Questions Regarding Kenzie Terrace Redevelopment %Management Services Proposals --------------------------------------------------------------------- The St. Anthony City Council and staff have received and reviewed • your individual proposals for redevelopment management services and have met informally with you to discuss the project with your principal staff. The proposals were all excellent and the Council was favorably impressed with all three applicants. We found, however, that each firm approaches the project from varying philosophical and operational viewpoints. The oral interview allowed the Council to learn more about your individual differences and begin to formulate their initial opinions regarding their own preferences for the firm to be selected. Certain factors in the selection process should be based on a com- parison of "apples and apples", however, and some items in your written proposals cannot be compared without some clarification. I have attached a brief questionnaire as a final phase of the selection process. Please return your response to me by noon, Thursday, June 3, 1982, and don't hesitate to call if you have any questions. Some of the items may be addressed in your proposal but none of these items were addressed in all proposals, therefore, we request that all applicants respond to all questions. Please note that although many of the questions have financial implications, the biggest factor in selecting a consultant is not the fee structure. It just happens 40 that the most clarification is needed in this area. KENZIE TERRACE MANAGEMENT SERVICES QUESTIONNAIRE (1) Please indicate the name and title of the principal person (lead person or major contact) to be assigned to this project. What percentage of.his or her time do you expect will be spent on this project on the average? (2) (a) Who will be responsible for handling relocation activities? Is the cost included in the fees as presented? (b) Who will be responsible for handling acquisition activities? Is the cost included in the fees as presented? (c) Who will be responsible for handling appraisals? Is the cost included in the fees as presented? (d) Who will be responsible for handling preparation of contracts? Is the cost included in the fees as presented? (e) Who will be responsible for handling matters connected with the bond sale? Is the cost included in the fees as presented? (f) Who will be responsible for handling legal work? • Is the cost included in the fees as presented? • (g) Who will be responsible for handling construction management? Is the cost included in the fees as presented? \ (h) Who will be responsible for handling land surveys? Is the cost included in the fees as presented? (3) Briefly describe the methodology you will use to locate an interested/qualified developer/developers. (4) Please describe how the Tax Increment District will be formed (who will do it and are the costs included in your proposal?). (5) Please describe how condemnation activities (if necessary) will be handled and how costs are addressed. (6) Add any additional comments which you feel pertinent. • - �# WESTWOOD PLANNING & ENGINEERING COMPANY June 2, 1982 Mr. David M. Childs City Manager City of St. Anthony 3303 Silver Lake Road Minneapolis, MN 55418 Subj: Follow-up Questions Regarding Kenzie Terrace Redevelopment Management Services Proposal Dear Mr. Childs: Relative to your memo of May 24, 1982, in which you requested that Westwood Planning & Engineering answer a brief question- naire as part of the final phase of the selection process for a management consultant. We are pleased to provide you with the following: 1. Name and title of the principal person (lead person or major contact) to be assigned to this project... . Mr. Richard C. Krier, Vice President of Planning, Westwood Planning & Engineering Company. I would expect to spend the following amount of time to implement the entire Kenzie Terrace proposal; time would be proportionately less in implementing the north area proposal only (see proposal, page 29): Management Operations Plan - 5n hours Marketing, including strategy, developer selection, criteria, marketing, assistance to the HRA, developer's agreement negotiations - 150 hours Implementation, including overall management, appraisals, relocation, soil, title opinion, survey and property acqui- sition as well as general assistance to the HRA - 500 hours I would expect to accomplish the above tasks over a period of two to three years. Ms. Doris Sullivan and technician will be responsible for support services. 2. Who will be responsible for handling relocation activities... Mr. William Von Klug; the cost is included in fees as pre- sented. a• Who will be responsible for handling acquisition activities... Mr. Richard Krier, assisted in closings by Ms. Doris Sullivan; • the cost is included in fees as presented. 7415 WAYZATA BOULEVARO. MINNEAPOLIS. MINNESOTA 55426 (8121 5160155 1. % • Mr. David M. Childs June 2, 1982 Page 2 h. Who will be responsible for handling appraisals... Mr. Richard Krier will manage the appraisal process; the appraisals will be completed by Mr. John Janski and review appraisals by Mr. Donald Hennesey; the cost is included in the fees as presented. c. Who will be responsible for handling preparation of contracts... Mr. Richard Krier will negotiate all contracts for review by the city attorney, or other attorney of your choice. He will represent all contracts with the HRA and be responsible for their management; the cost is included in the fees as presented. d. Who will be responsible for handling matters connected with bond sale... Mr. Richard Krier will be responsible for all cash flow, in conjunction with a bond consultant of your choice and he will arrange all preliminary information. Your bond attorney will be responsible for providing a legal opinion relative • to the bond sale; the cost for Mr. Krier's fees is included in the proposal; bond consultant's fees are payable only upon sale of the bonds; bond attorney's fees (city attorney or other attorney of your choice) are payable upon the ren- dering an opinion on the bonds. This, of course, is assuming_ that a bond sale takes place. There are several ways of handling tax increment financing without doing a bond sale. To include a bond sale at this time, is premature. e. Who will be responsible for handling legal work... All legal work, which I expect to be limited, will be han- dled by the city attorney or an attorney of your choice, who will be working closely with the program manager, Mr. Krier, and the city manager. f. Who will be responsible for handling construction management... If construction management is to be handled, Mr. Dennis Marhula, of Westwood Planning & Engineering will be project manager, responsible to Mr. Richard Krier and the city manager. I do not expect, nor do we propose, to do any major construction projects relative to this proposal. Any incidental construc- tion management, such as review of the developer's activities after their completion and before the HRA certifies to their release, will be reviewed and handled by Mr. Krier and Mr. Marhula; the cost for the latter type of construction manage- ment associated with redevelopment and not with public im- provements, is included in the fees as presented. 0 0 0 I C m 0 (J I I 7 a) 0 -'0 E a) m 4 C Y m C➢ - •H r -I O C J 1 (U 'H L L U C 4 4 E a) a m C 4 C1 0 m 4- + m H C O C N Y+ C U U Co O U L a) a a) O 4 4 0 ti> > 'H U 4- a 3 O m a) 'H •H -..i r C U 4 C_0 m 3 a) C1 (T O 7 a) a) Z: 'O H O_0 N 4 y a) L 0 3 m 4 .H .H U L CL C_0 C m i 0 O 4 C ^I .--I O L -H L 3 a) R 1 U L C -i m m H ti O C (1 C 0 L L 0 4 U T N C d x 3 .H • •• U U m> U H •H O ^rl -H CO _D U L f1 N 4 H CO U) 1J 1--I w a) (U m • N C O E m 4 C) 7 7 +� -H = m C " (1 m CT O '-I CUL C CU m E rI y C x N L m C r --I L m 1 N •H m 3 m'0 O-0 CT C "-! O L C m N m m C1 .-I m m N O > H U N H CO Y 4 H a C H m N (L) 3 O- L O .H m •-1 y T T N O T m O 3 C E (i Z 4 -✓ .-1 .0 C 7 0 0 Z) +-I E E .ti 4 U ti 3 p_ CU O •H y •--I 3 O -H 0 a= m N m (D O O Y a) N a_0 U m 4 m L N > > m m .--I S m (1 7 C E 3 +! 3 m m m U'0 O .-i Y 7> +� m (T L 4 4 y a) > a) 4 N - _0 O N (1 C m U E L N m ti 7 O) O d a) U H C a� 7 7 y U) m CU O (a m Q= • C H> O m U C N 0. r -I a) O C 4 _ .H ti H m m O 7 y C1 � m m m H 3 E -H 3 M C O 'O > 'H 10 a) U 4 ,p U CT U m L O m H H ^-I .H m L m a) U O L m m m Y L 4 +i m C C N .--I ^-1 U' a) C O m m 4 m +I > +) C m -H y U_0 a) Ga T+) m m 'H C - a) a) 7 m L 4 C1 C -H y U .H O m • CO m • CJI ) .H (U CO CU 3 O CO a) .H m C E m T -C 4 E> ++ 7 m O U m O U L U (n ++ C N C m 3 L ^-I 4 3 d" ti -a U .H 4 .-I C ++ 3 N (U O Q) •H 7 (n 3 U Ul •H 4 m N C1 O L t� p m N m-0 L C " 'O (1) ^-I C L U U 4 •H CT (D ^ O m M Q •^ 7 • •H C (U C m (.- C C O m H m m C1 4 C C ++ T L a) U) oo 7 C •-i +� 1--I C E 4 O '+ 4H m -H Z O 1 C m O m m .H m a O .--I N •H C m H O N T— T 3 "O I-_ •H a) = N CTO^ -I (0) � L a) m O C r m E 3 o N N a+ m= (1 m C (L) -0 4 > t L U) I> a E E O C 'a4 C C C C 1 U O -D U�H r-+> C O a) m �H 0 O ++ fn a) 0- F- CT Y T 4 C m m 0- .J� = CD m_0 U H 4 C 4 C (D m E C O a) m N U 4 4 0 0 m C O .a) J O L -Cn E C H m O H U Q) _0 U m U E N +I H C x 0 0 4 C1 E 4 co a) 4 (1 m m N> U 'O E m 'o m a) (U ^-I 4 m L H T C U C1 4 4 0 0 E m 4 0) U U O U (n a) m C w (1) CT m- L r m "o o) 4 a) z U ^-1 O U E 4-0 -y H - "O 4 7 0 O C 4 4 a) () C o_0 Y• a) CU 4 O a) O 0 U C a O) m ^I (D" C C m O m -H m (n CO C L H C N m L x L 7 C L> m O m C E H> (+- O O V Y 4 N m •H m CU .N L m O H O S a) -H E 7 a) O H H R m U 4 JJ L) m m 4 0 L L H a) 0) (o Y y a) (T a) (U 'O C -H a) U N O L 'O O m 7 4 -H •H O Y (D E 4 a) L C .H C i' +) E m rl > a) •H U m U m m ti U 4 m a'0 •H 4 1� L a) 'H 7 C1 4 (a -H m L L a) • .H d LJ C C '0 E O U 7 E (Y O H -H (1) a) a co L m U E m L E 'H O U (D a) C1 C1 - 4 U O U U > •-I = O a) m- E M C m O E 0 N 3 v w (a .6 E co L •H O O _0 a) C 2 'O C a o m a) L 4 O m a) _0 m U 3 m O 3 (T\ a) C m a) 4 > m C O N N _0 U) . i y a) U -H O a) U a) -N O O E ti "O O CT (T 4 •H a) +) O 7'D .-I m -H N U) 7 m 4 U 4 m ^-I 4 L U m L a) L C O 7 f1 C m a N H > N "� O m O 7 +) Q Q y U L 7 C' C O O +( U +' 4 4 .H 4 C U) (1) -H C .0 CO a) E CO 3 U m O) m •-1 (n U) C m m -i (1 to L C1 a) 7 (D Q m a) U Y 0. H U U U C m m -H 7 -0 E C C1 C -H T m 7 a) m m 'a O U O C x E O> a) "O L) 4 C H 4 C E M 4 Cr T (L) U m •H U H- O 4 U • N .--I O 'O a) CO C 2 L 4 .H O +' -0 .H m U r-1 y L 3 O C N O -H 4 3 U U m'0 U (1) •H ^I +) +' L 'H U O 4 3 U m L m •H .N N O - m •H +) 4 -H 7 N E a) .t) U + C Cn a) > + 7 4 m (n CL. Q) -H U •H +I Cn U d C1 U m a) U C U H ^ -H IL L) O a) m C1 a) C 7 o to H L m m 0 7 -H O a) (1) L L C m - 4 m .H CD a) -a a) H 3 N 0= = S Q L� O a: N m .-I O +I U +) 3 0 ^-I E 3 4 3 -H a) 4 z 00 ^-I O O T co -H 'H T m -H .H E U Q� •H O 4 a) a) 4 3 •-/ a) a) 4 -0 OH •--I 3 3 (1 L 4 O m T N Y U 4 •H JJ 1) a) a) m m JJ > •• O N a) H y U a) O C m C m m m N M L O L C 4 C L L (U •--1 4 0 m ,H m m • C m 4 7 m T 0 0 0 0 • Mr. David Childs June 2, 1982 Page 4 5. Please describe how condemnation activities, if necessary, will be handled and how costs are addressed... Condemnation activities will be handled in accord with Minnesota statutes and the Uniform Real Estate Acquisition and Relocation Act, as adopted by the state. Mr. Krier and Ms. Sullivan will arrange all the documentation for condemnation. The actual condemnation will be carried out by the HRA attorney or an attorney of your choice; all of the costs in preparing the condemnation documents are included in our proposal. The attorney's costs are not included and are estimated at approximately $5,000.00. 6. Any additional comments which you feel pertinent... Our proposal envisions using the City of St. Anthony attor- ney or an attorney of your choice; in the budget, we estima- ted that the attorney's fees for all activities, including bond sales, general legal advice, condemnation, contract review, would not exceed more than 3% of the acquisition cost. This number was arrived at through experience in other similar projects, as well as experience in urban renewal projects. Our fees, based on a percentage of the acquisition costs, were arrived at from a sliding scale which we have previously used. This scale system repre- sents estimates from a redevelopment team consisting of project management, land acquisition, marketing, appraisal, and a relocation team which has worked together success- fully in the -Rst. Should you have tact me; thank questions. Respectfully, any questions, please do not hesitate to con - you for the opportunity to answer the preceeding ENGINEERING COMPANY Richard C. Krier, AICP RCK/dg r .— Attorne9s al Law .I.NI II>S, HOLMIs D d1'In l_ GRA\'F% J OHS M. I, LFIis'RE. JR. JOINNYM, EN HrIN JOHN C. plLl.R\' SIASLFY E, BRAD JFFFA R. RRAiF1 I.F SIFFDAM SIF S. FIN01 B a OFl. R_ _ FO kI RANR,vRA 1.. PONTwOUO Of Counsel: K:V IIFRI1I: M. [101. 1IF5 June 2, 1982 Mr. David M. Childs City Manager City of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 5418 HOLMES & GRAVEN CHARl'EREn 470 Pillrbun' Cemv. MinnenpNis. %Iinnoola 55402 lelephone 612;319-1177 Re: Kenzie Terrace Redevelopment Management Services Proposals Dear Mr. Childs: Pursuant to your request of May 24, 1982, we submit the following answers for your questions regarding the Kenzie Terrace Redevelopment Management Services Proposal. • (1) Please indicate the name and title of the rinci al person (lead person or maior contact to hp AsQioncri to fh;r .,.......,.. The ultimate authority rests with Mr. Holmes. However, the day-tb-day major contact would be either Mr. Lemley or Mr. Hartman. We believe this gives you a greater flexibility and efficiency of communication. The percentage of time expectea to be spent on the project on the average is somewhat difficult to assume and is obviously directly related to a number of variables some of which may not be with our control such as the timely approval of the project as a tax increment district. However, for the purpose of our proposal, with the exception of services to be rendered over and above the basic costs quoted in the proposal, we have estimated the equivalent of one person half-time. (2) (a) Who will be responsible for handling relocation activities? Subcontract Wentworth Enterprises 1955 Cleveland Street Northeast Minneapolis, Minnesota 55418 Contact: Jacquelyne D. Wentworth • Relocation experience for both residential and business property. Previous experience with Minneapolis Community Development Mr. David M. Childs • June 2, 1982 Page 2 Agency, Von Klug and Associates, Inc., relocation consultants and the Minneapolis Housing and Redevelopment Authority. Is the cost included in the fees as presented? No. Fees, like the actual relocation costs, can in our judgment only be appropriately determined when the definite acquisition and relocation schedules have been determined. These fees, along with the estimated relocation costs, are then incorporated into the financial feasibility study and financed through the project financing method, i.e., tax increment bonds. Such fees, however, we have proposed would be billed at cost plus 5%. (b) Who will be responsible for handling acquisition activities? For the most part this will be coordinated by Mr. Lemley. The various technical elements of the process will be either by sub- contract or a staff attorney of Holmes do Graven. Is the cost included in the fees as presented? Yes, in terms of Mr. Lemley's time. The fees for sub -contract work and condemnation, if necessary, are not included. (c) Who will be responsible for handling appraisals? Subcontracts Structure and Property: ;..;;!e H. Nagell do Co., Inc. 7515 Wayzata Boulevard Minneapolis, Minnesota 55426 Contact: Lyle H. Nagell Sr., PA A nine person staff of real estate appraisers annually preparing over 1,500 reports. Property appraised throughout the state of Minnesota and 23 other states and Puerto Rico. The company has appraised property for the state of Minnesota, housing and redevelopment authorities, national mortgage corporations, banks and corporations. Fixtures: Patchin Appraisals 4444 West 78th Street Bloomington, Minnesota 55435 Contact: Wayne Nelson • The firm handles all aspects of real property valuation and the valuation of fixtures. The firm has represented government agencies Mr. David M. Childs • June 2, 1982 Page 3 and private individuals and corporations in Minnesota and throughout the United States. Will handle fixture and leasehold appraisals. Review Appraisals: Donald Hennessy 3301 - 46th Avenue North Robbinsdale, Minnesota 55422 Has served as an appraiser for the Minneapolis Community Development Agency and the Minneapolis Housing and Redevelopment Authority for over 18 years. Will handle review appraisals. Is the cost included in the fees as presented? No. Same rationale as highlighted in 2(a) above. (d) Who will be responsible for handling preparation of contracts? Redevelopment contracts would be handled primarily by John C. Utley, staff attorney for the firm of Holmes do Graven. is Is the cost included in the fees as presented? Yes. Under Phase IV retainer. (e) Who will be responsible for handling matters connected with thelbond sale? Primarily James S. Holmes and John 0. Utley, attorneys, Holmes be Graven. Is the cost included in the fees as presented? No. If the firm of Holmes & Graven acts in the capacity of bond counsel to the City, the fees will be negotiated, taking into consideration such factors as amount and complexity of issue, time expended, risk associated with the rendering of an unqualified approving opinion, and manner of sale. Exhibit "A" attached hereto is the fee schedule for general consulting, structuring and advising. If the work involves a specific bond issue, however, we will quote a fixed fee at commencement based upon the factors stated above. With respect to "pure" municipal issues such as general obligation improvement bonds or tax increment general obligations, where structuring financing plans, contracts, negotiations, etc. is not required, this fee will be approximately $1.00 • per $1,000. Mr. David M. Childs • June 2, 1982 Page 4 (f) Who will be responsible for handling legal work? Holmes do Graven, Chartered. Is the cost included in the fees as presented? Yes, with the exception of legal service as bond counsel and condemnation proceedings as otherwise referenced herein. (g) Who will be responsible for handling construction management? The proposal of Holmes do Graven does not include construction management other than the coordination of land acquisition, disposition, and relocation. We would see the City's engineer as probably the most appropriate to handle this technical function. However, we would be in a position to subcontract this function out. Is the cost included in the fees as presented? No. • (h) Who will be responsible for handling land surveys? Subcontract Brauer & Associates, Ltd., Inc. 7901 Flying Cloud Drive Eden Prairie, Minnesota 55344 Contact: Fred L. Hoisington The firm of Brauer do Associates has assisted a number of public sector and private sector clients. The firm is versed in all aspects of land use planning, design, landscape architecture, and. engineering. Is the cost included in the fees as presented? No. Same rationale as highlighted in 2(a) above. (3) Briefly describe the methodology you will use to locate an interested/qualified developer developers. We would prefer to remain flexible regarding this phase and in a timely manner review with the City Manager the then appropriate options based on the dictates of the project's goals, objectives and timetables. We believe to suggest either a very limited informal local search or an elaborate regional • or national search would be premature at this time. To some extent the methodology may be directly related to the ultimate method of disposition • • Mr. David M. Childs June 2, 1982 Page 5 of the parcel(s) bounded by Kenzie Terrace to the North, Wilson Street to the East and Lowrey Avenue to the South. (4) Please describe how the Tax Increment District will be formed. (Who will do it and RPP. the Ongtq inniudod in vnur nnnnneol9 With the May, 1981 redevelopment plan already adopted and tax increment financing having been identified as Rn essential public financing mechanism, the creation of the tax increment financing district is the final element of the planning phase. According to state statute, the tax increment financing district must be located in a project or empowering area. The procedure for establishing the tax increment financing district is presented below. 1. Designation of the redevelopment empowering area and the tax increment finance district. 2. Upon determination of the feasibility of individual projects, preparation of the tax increment finance plan. 3. Review and approval of the plan by the HRA and city council and submission of plan to the County and School District for review and comment. 4. Adoption of the tax increment finance plan at a public hearing and authorization by the city council for the city staff and/or HRA to administer the implementation of projects in the revitalization area. As a result of Phase III, the City will have established a tax increment finance district and a finance plan in accordance with Minnesota sictrites, Sections 273.71-78. This tax increment finance district wiprovide an essential financing mechanism for redevelopment. Members of the firm will attend any meetings at the request of the City of St. Anthony for the purpose of presenting the contents of the plan and addressing concerns expressed by those present at the meetings or hearings. Mr. Hartman and Mr. Winter will be the primary contact person. The cost is included in the proposal. (5) Please describe how condemnation activities (if necessary) will be handled and how costs are addressed. - For properties authorized by the City for acquisition, appraisals and review appraisals would be obtained. Based on these appraisals, a proposed offering price would be recommended to the City. With approval of the offering price by the City, .an offer on the City's behalf would be made to the property owner in an attempt to get a negotiated purchase. If a negotiated • purchase is not. possible, after City approval, the property owner would be notified of the City's intention to proceed with condemnation. • • • Mr. David M. Childs June 2, 1982 Page 6 Condemnation proceedings and relocation efforts would then be commenced concurrently and, if necessary, at a schedule to facilitate possession requirements related to the project schedule. Every attempt would be made, once actual condemnation proceedings commence, to be sensitive to displacees. Condemnation hearings would be held as promptly as possible to determine the ultimate public purpose findings and the condemnation awards. Up to the point of the actual commencement of condemnation proceedings, the fee would be included in the monthly retainer under Phase IV of our proposal. If it is necessary to carry out condemnation, the firm of Holmes do Graven will be paid an hourly rate. In each case, based upon discussion with Holmes do Graven, the City of St. Anthony will establish a dollar amount which will constitute an estimate of the total legal fee to be incurred by the City in connection with such matters. This estimate will be established on the basis of the hourly rate schedule attached hereto as Exhibit "A". Prior to billing the City in an amount in excess of such estimate, the firm of Holmes & Graven will report to the City Manager the reason or reasons that the estimate will be exceeded. Condemnation matters which are appealed to district court, upon and after such appeal will be treated as litigation and will be billed at an hourly rate over and above this estimate. (6) Add any additional comments which you feel pertinent. Holmes & Graven is pleased to have had the opportunity to respond to the City's request for proposals. While we believe we have offered a full scope of services in our proposal and hope that the City in its wisdom selects the firm of Holmes do Graven, we would like to reiterate that we beleive we have structured ',�= proposal in a manner which gives the City the flexibility of choosing all or part of our services so as to best suit its coordinated needs. If there are any other questions or comments, please feel free to call. Very truly yours, �- aures R. Lemley Director of Administration JRL:mj Attachment EXHIBIT A is HOLMES & GRAVEN, Chartered Effective January 1, 1982 is • James S. Holmes. . . David L. Graven . . . Stanley E. Kehl . . . John C. Utley . . . Robert J. Lindall. . . John M. LeFevre, Jr. Larry M. Wertheim Katherine M. Holmes Jeffrey R. Brauchle . Stefanie N. Galey Dan Nelson . . . . Barbara Portwood Technical Assistants. Paralegals . . . . Law Clerks . . . . . . . $95 per hour $88 per hour . . $76 per hour . . . $76 per hour . . . $76 per hour . . . $76 per hour . . . $76 per hour . . . $65 per hour . . . $60 per hour . . . $53 per hour . . . $53 per hour . . . $53 per hour $45 per hour . . . $40 per hour . . . $30 per hour This rate schedule is based upon experience and expertise of the attorneys listed. It may from time to time during the term of this Agreement be supplemented, provided that additional attorneys are billed at equivalent rates for reasonably equivalent experience and expertise. NORTHWEST ASSOCIATED CONSULTANTS INC. 2 June 1982 Mr. David M. Childs, City Manager City Administrative Offices 3301 Silver Lake Road St. Anthony, Minnesota 55418 RE: Kenzie Terrace Redevelopment Program Management File No: 802 Dear Mr. Childs: This letter is in response to the questions posed in your correspondence dated 24 May 1982. In an attempt to maintain continuity of answers to be provided from all three consulting firms being considered, we have addressed the questions in the sequence which you provided. (I) Please indicate the name and title of the principal person (lead person or mjor contact) to be assigned to this project. What percentage of his or her time do you expect will be spent on this project on the average? Response: Mr. Daniel Wilson, Associate of Northwest will serve as project manager. Over the duration of the project, it is expected that he will devote typically fifty (50) percent bf his time to the, Kenzie Terrace work effort. This time can, however, be expected to fluctuate between twenty-five (25) and seventy-five (75) percent depending upon the stage of activity and time necessary for HRA review of policy matters. Mr. David Licht, President of Northwest will serve as senior advisor on the project. As an overall average, Mr. Licht will devote twenty (20) percent of his time to the project. Again, this figure can be expected to fluctuate depending upon the stage of activity and work task being undertaken. (2) (a) Who mill be responsible for handling relocation activities? Is the cost included in the fees as presented? Response: Mr. Daniel Wilson will be the staff person responsible for re- location activities. Mr. Wilson has considerable experience in this field and his direct participation is seen as required in order to maintain communication and confidence of those persons and businesses which may be displaced. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 Mr. David M. Childs 2 June 1982 Page Two The cost of this service was not identified in our proposal dated 4 May 1982. The reason for this omission was the uncertainty as to the type, extent or number of relocations which will be required. This was identified as Stage IV of our work program. It can be expected .that a residential relocation would cost $400. The range on business relocation would be at minimum $500 to an unspecified amount. This range exists due to a small, one-man shop requiring minimal effort. At the other end of the scale, a major commercial enterprise would demand considerably more work. To be noted, however, is that the greater the number of similar type relocations, the less the cost will be for the individual case. (2) (b) Who will be responsible for handling acquisition activities? Is the cost included in the fees as presented? Response: Mr. Daniel Wilson, with the support of David Licht, will be the individuals responsible for property negotiation and the drafting of purchase options and agreements. It would be expected that the City Attorney would contribute a limited amount of time to this task in finalizing formal agreements and contracts. Northwest's fees for property negotiation and acquisition activities were included in the fees presented. Fees to be charged by the Dorsey firm or other legal counsel whom the HRA might choose are not accounted for. (2) (c) Who will be responsible for handling appraisals? Is the cost included in the fees as presented." Response: Under legal requirements, two appraisals of property will be made. The HRA will select one appraisal firm and the property owner a second. The HRA is responsible for both appraisals and could expect to contribute $300 to $400 to the property owner's appraisal. This again is, however, contingent upon the property and activity being analyzed. Typically, appraisal firms are contacted for bids on the work involved. Northwest will handle the preparation of the request for such proposals and assist the HRA in the possible interview and selection process. Mr. David Childs 2 June 1982 Page Three Northwest will also minimize the appraiser's work by collecting all project property information and measurements necessary for the value analysis. All of Northwest's contributions to the appraisal work were contained in the fees presented. The specific costs of appraisals were not provided due, again, to the uncertainty of the extent and number of parcels and buildings included in this first phase of effort. (2) (d) Who will be responsible for handling preparation of contracts? Is the cost included in the fees as presented? Response: Based upon past experience and examples from current or recently completed projects, Northwest will assume responsibility for the preparation of development contracts. As Northwest and specifically Daniel Wilson, will be involved in property as well as developer negotiation, minimal confusion and expense will result if we under- take the initial preparation of contract documents. The Dorsey firm or other legal counsel selected by the HRA would then be expected to finalize the agreements. Northwest's time and expenses for this task have been included in the budget presented as part of our 4 May 1982 proposal. (2) (e) Who will be responsible for handling matters connected with the bond sale? Is the cost included in the fees as presented? Response: An HRA selected underwriter will be responsible for the sale of bonds. Cost for this service has not been included in the fees proposed by Northwest. Note should be made, however, that if the bond sale is $300,000 or less it is considered a negotiated issue and the costs of the sale are passed along and made part of the sale. To minimize potential costs, Northwest would prepare and supply the underwriter with all necessary background information. Northwest's services in this regard are covered in the budget and fees which have been submitted. (2) (f) Who will be responsible for handling legal work? Is the cost included in the fees as presented? Response: Northwest's proposal assumes that the City's/HRA's present legal counsel, the Dorsey organization, will be responsible for the limited legal work which is envisioned as part of the project. Northwest has previously Mr. David Childs 2 June 1982 Page Four worked with the Dorsey firm and has high regard for their capabilities and specialty. Northwest has, however, worked also with an extensive variety of lawyers and is willing to work with whoever the HRA may choose for legal advise. The cost of legal services is not included in the fees proposed by Northwest. It is recognized, however, that legal fees could become extensive if not controlled. Therefore, prior to requesting or authorizing any legal service or advise, Northwest would request the Attorney to identify the individual to be assigned to a specific task and to identify a maximum cost for the service to be provided. (2) (g) Who will be responsible for handling construction management? Is the cost included in the fees as presented? Response: This is viewed as a broad question, covering a number of possible situations. From a very narrow perspective, it is anticipated the area public improvement projects will be undertaken. In such cases, Short -Elliot -Hendrickson, serving as the City Engineer would be expected to design and inspect construction. In such instances, the costs would be built in and made part of the specific project. On the more broad scale, assuming a private development, Northwest with the assistance of the City Building Official and Short -Elliot - Hendrickson, would provide construction, as well as contract management. To be emphasized is that Northwest would hold primary responsibility and does have a certified building official on its staff who would actively participate in this effort. Costs for this aspect of ser:"re have not been calculated, as the extent of development or improvement projects is unknown at this time. (2) (h) Who will be responsible for handling land surveys? Is the cost included in the fees as presented? Response: As ShDrt-Elliot-Hendrickson does not specialize in this activity, land survey work would be bid. Northwest would prepare the necessary RFP's, distribute them to appropriate firms and assist the HRA in selecting a qualified service. While Northwest's fees for this work are included in the proposal, the land survey costs are not. Again, the extent of needed survey work will be determined as part of the first three stages of work, and therefore, a cost for this service cannot be suggested at this point in time. Mr. David Childs 2 June 1982 Page Five (3) Briefly describe the methodology you will use to locate an interested/ qualified deveZoper/deveZopers. Response: In summary, the following approach would be taken and tasks completed: 1. A thorough and detailed request for proposals would be formulated by Northwest. 2. The RFP would be directly mailed to known, qualified developers. (A list of developers would be assembled based upon past contacts and projectsin which Northwest has participated.) 3. The project and RFP availability would be formally advertised in Commerce and Business Daily. Corporate Report and the Metro area Sunday newspaper c assified ads. Suni�q classified ads have recently emerged as the most important source of such RFP's.) 4. Professional trade organizations such as the National Association of Industrial and Office Park Developers (NAIOP) would be directly notified. 5. The Minneapolis and St. Paul area Boards of Realty would be contacted if approved and following HRA clarification of fee policy. 6. Following distribution of the RFP; Northwest would organize a specific meeting time where all interested applicants would be invited to a presentation and explanation of the project and where questions would be answered. This should facilitate placing all interested parties in an equal footing for responding to the RFP. 7. Northwest would also be available by phone to respond to questions which interested applicants might pose. (4) Please describe how the Tax Increment District wiZZ be formed (who will do it and are the costs included in your proposal?) Response: Northwest, under the leadership of Dan Wilson, will assemble the tax increment district. Great care and caution will be exercised to insure that all parcels included contribute to a positive financial picture. This approach is now feasible in that recent legislation now allows. public improvement projects related to the district to be undertaken even though they are outside the district boundaries. Mr, David Childs 2 June 1982 Page Six Additionally, the focus will be on limited scale projects with high success potential. Exposure will as a consequence be minimized for the HRA as well as developer. A number of these limited scale projects are foreseen as occurring through the duration of the improvement program. Northwest will be responsible for assembly and preparation of all necessary and required information. On a limited basis, the City Attorney will be asked to review and comment on the material which is prepared. Northwest's costs for this service are included in the proposal. Attorney's fees are not ihcluded, but are expected to be limited. (5) Please describe how condemnation activities (if necessary) will be handled and how costs are addressed. Response: While it is recognized that condemnation is a needed and necessary tool of redevelopment, Northwest's operating philosophy is to avoid such situations if at all possible. Given, however, the fact that condemnation may be required, it must be considered. As a basis of operation, no condemnation would be seriously considered or pursued until there was a signed developer contract. This would avoid a situation similar to the Minneapolis Loring Park Project where the City proceeded with condemnation only to find it had no secured developer. The costs of condemnation versus direct payment would also be evaluated. Of importance in this regard is that if quick take condemnation could not be accomplished, legal processing could drag out over time and costs which are uncertain to begin with would continue to mount. A majority of the work and background necessary for a condemnation case would be available through established project tasks. Northwest's finalizing this material for court presentation as well as testimony and legal fees have not been identified as part of the proposal. The unknown factors which would be involved in such a proceeding would appear to preclude making an estimate of gees and cost, at least at this time. (6) Add any additional comments which you feel pertinent. Northwest would like to reiterate its recognition that project administrative costs are limited to ten (10) percent of a given project. All aspects of administration must therefore come under this limitation. As presently viewed, however, the Kenzie Terrace Mr. David Childs 2 June 1982 Page Seven Improvement Program will be comprised of a number of limited projects which in total should provide more than adequate resources to cover program administration. We would also like to again state that our proposal is flexible and can be modified to accomplish specific HRA concerns or terms which may not be identified. We would hope that Northwest would be selected for this program based primarily upon qualifications and that working details could be finalized through further discussions. We greatly appreciate this opportunity to further clarify our proposal. Should it be considered necessary we are also available for a personal dis- cussion on any aspect of our response, proposal or qualifications. Thank you for the opportunity to be considered for this program. We look forward to what is hopefully your favorable response. Sincerely yours, NORTHWEST ASSOCIATED CONJULTW, avid R. L i c AICP President DRL/nd