RES 05-010
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RESOLUTION NO. 05-10
CITY OF ELK RIVER
A RESOLUTION APPROVING THE RESIDENTIAL ANTI-DISPLACEMENT
AND RELOCATION ASSISTANCE PLAN
Residential Anti-displacement and Relocation Assistance Plan
Elk River, Minnesota
The City of Elk River anticipates participating in the Minnesota Small Cities Development Program.
Through this participation, land acquisition, building demolition and new construction will occur. The
consequence of the proposed activity is that a potential for displacement exists, although it is not
anticipated. The purpose of the Residential Anti-displacement and Relocation Assistance Plan is to
describe the steps the City of Elk River shall take to mitigate the adverse effects of displacement on low
and moderate-income persons.
A.
The City of Elk River will replace all occupied and vacant occupiable to low and moderate
income dwelling units demolished or converted to a use other than as low to moderate income
housing as a direct result of activities assisted with funds provided under the Housing and
Community Development Act of 1974, as amended, as described in 24 CFR 570.606 and 24 CFR,
Part 42.
All replacement housing will be provided within three (3) years of the commencement of the
demolition or rehabilitation relating to conversion. Before obligating or expending funds that will
directly result in such demolition or conversion, the City of Elk River will make public and submit
to the Minnesota Department of Employment and Economic Development (DEED) the following
information in writing:
I. A description of the proposed assisted activity;
2. The location on a map and number of dwelling units by size (number of bedrooms) that
will be demolished or converted to a use other than as low to moderate income dwelling
units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or conversions;
4. The location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units. If such data are not
available at the time of the general submission, the City of Elk River will identify the
general location on an area map and the approximate number of dwelling units by size and
provide information identifying the specific location and number of dwelling units by size
as soon as it is available;
5. The source of funding and a time schedule for the provision of replacement dwelling units;
6. The basis for concluding that each replacement dwelling unit will remain a low to
moderate income dwelling unit for at least ten (10) years from the date of initial
occupancy; and
7. Information demonstrating that any proposed replacement of dwelling units with small
units (e.g. a 2-bedroom unit with two I-bedroom units) is consistent with the housing
needs of low and moderate income households in the jurisdiction.
The City of Elk River may request the Minnesota Department of Employment and Economic
Development to recommend that the U.S. Department of Housing and Urban Development approve
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an exception to required replacement housing if there is an adequate local supply of low to moderate
income dwelling units in standard condition. Exceptions will be reviewed on a case-by-case basis as
described in 24 CFR 570.488(c)(1)(B).
The City of Elk River will provide relocation assistance, as described in Section
570.488( c )(2), to any lower income person displaced by the demolition of housing or by the
conversion of a low to moderate income dwelling unit to another use in connection with an
assisted activity.
C.
Consistent with the goals and objectives of activities assisted under the Act, the City of Elk
River will take the following steps to minimize the displacement of persons from their homes:
I. A Development Agreement was developed between the Developer (MDI Limited
Partnership #70) and the City assuring that all activities are in compliance with the Housing
and Community Development Act of 1974, as amended, as described in 24 CFR 570.606
and 24 CFR, Part 42.
2. The Developer will utilize the services of Conworth, Inc. for acquisition and relocation
activities.
3, The City will utilize services from Short Elliott Hendrickson Inc. Community and
Economic Development Group to provide project administration services and ensure
compliance to all state and federal requirements.
Definitions for the purposes of this plan are as follows:
A low to moderate income dwelling unit is a unit with a market rental, including utility
costs, that do not exceed the applicable fair market rent for existing housing and moderate
rehabilitation, as established under the Section 8 existing housing program.
A vacant occupiable dwelling unit is a unit that is in standard condition; or in substandard
condition, suitable for rehabilitation; or in dilapidated condition and occupied less than
three months from the date of the grantee agreement.
An occupiable dwelling unit is a unit that is in standard condition or has been raised to a
standard condition from a substandard condition, suitable for rehabilitation.
A standard condition dwelling unit is a well-built unit with adequate space for persons
living there. There are no major defects in the structure and only minor maintenance is
required. Such dwellings will have the following characteristics: reliable roofs, sound
wells and foundations; adequate and stable floors, walls and ceilings; surfaces and
woodwork that are not seriously damaged nor have paint deterioration; sound windows
and doors; adequate heating, plumbing, and electrical systems which don't present safety
hazards; adequate insulation for local climatic conditions; and is in compliance with local
building and housing codes.
A substandard condition dwelling unit. suitable for rehabilitation will show a lot of
deferred maintenance with permanent damage to structural items. Conditions
contributing to substandard dwelling units, include but are not limited to, sagging,
cracked, rotting or leaking roofs, walls, foundations, ceilings, floors, doors, and windows;
deteriorated surfaces and woodwork; unreliable heating, plumbing, or electrical systems
which present safety hazards or inadequate insulation. The cost of rehabilitating the unit
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to a standard condition should not exceed the market value of the dwelling.
BE IT RESOLVED that the City of Elk River hereby adopts the Residential Anti-displacement
and Relocation Assistance Plan for Elk River,
I certify that the above resolution was adopted by the City Council of Elk River on the
7th day of February 2005,
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ATTEST:
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Joan &idt, City Clerk
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